INDONESIA: Policeman arbitrarily shoots and injures man in Yogyakarta

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that a policeman arbitrarily shot and injured a man on 9 October 2007 in Kaliurang, Yogyakarta. The policeman did not identify himself and did not provide assistance and medical aid to the injured immediately after the shooting. It is reported that the policeman attempted to justify the use of arms by fabricating reasons.

CASE DETAILS:

On 9 October 2007 around midnight, Martholomeus Suryadi, returned to his flat in Kaliurang, near Yogyakarta, after fishing with his friends and went out again to pick up his friend, Dewi. He was riding a motorcycle belonging to his friend, Dini, and carrying his bag of fishing tools.

According to information received, between 1:30 and 2:30 am, Martholomeus Suryadi was stopped on his way by a man in civilian clothing in front of Shangrillla Garden, Jl. Yogya-Solo. The man claimed he was from Sleman Resort Police and asked Martholomeus to show his identity card, driving license as well as the registration and ownership book of the motorcycle. However, Martholomeus was not sure whether he was a policeman because police rarely ask for the vehicle ownership book. Martholomeus showed only the registration and his identity card.

After checking the registration book, the policeman said, “this registration has already expired two years ago. Whose moto is this?” Then, they debated for a while regarding the expired registration and suddenly the policeman raised his tone. He phoned someone saying, “Sir, I have caught a stolen motorcycle, and the thief.” Martholomeus had doubts as to whether he was really calling his colleague or it was just a trick. Martholomeus then phoned a friend of his, seeking help, but the man yelled at Martholomeus and told him to end the call, saying, “my business is with you, not with your friend.”

Martholomeus then asked him to show his police identity card. The policeman then became nervous and replied, “I am a policeman! You don’t believe who I am?!” Then, he showed two sheets of red colour folio paper with police letterhead and a signature. But he did not mention his name, nor which unit he belonged to. He also did not show his police identity card.

Then the policeman asked in a loud voice, “what is it in your bag?” Discovering a knife inside the bag, he accused Martholomeus of killing someone. But Martholomeus said the knife was used for fishing. The policeman then grabbed the knife and pointed it at Martholomeus, as if wanting to stab him. The man continued to search the bag and found a cell phone. But Martholomeus managed to grab it first. He also took his wallet from the bag, but the policeman snatched it back. Martholomeus then felt convinced the man was not a real policeman, but a robber.

He tried to run away, but the policeman held on to him. Martholomeus succeeded in escaping from him and kept running. The policeman told him to stop or he would shoot. A few seconds later, Martholomeus heard a clicking sound and when he looked back, he saw that the policeman was holding a gun pointed at him. He shot Martholomeus once from a distance of three to four meters. The bullet went through his buttocks and he fell down. The policeman swore at Martholomeus and let him lie on the ground for about 15 minutes.

The policeman then called out to a colleague. It then became known that the policeman who shot Matholomeus was Police Brigadier Agus Sunanto. Soon two more policeman arrived on the scene. He ordered Martholomeus to keep silent and told the others, “I shot the thief here. He was trying to grab the knife from me and trying to harm me, therefore I shot him.” Martholomeus was then taken to the Bhayangkara Hospital (a police hospital) in a motorcycle by two policemen. Once they arrived there, Martholomeus was made to lie down in the yard for about 10 minutes, and only later was he taken inside.

Martholomeus spent two days at the Bhayangkara Hospital. He requested to be moved to another hospital because he did not feel comfortable in the police hospital. He was removed to the Dr. Sardjito Hospital, a government facility in Yogyakarta where he stayed for five days. Martholomeus is under the surveillance of the Disciplinary Unit of Sleman Sector Police.

The AHRC is concerned over the arbitrary use of arms and the lack of respect for due process in arresting a person by the law enforcement officials. The case indicates how easily the law enforcement officials take recourse to arms even when the situation did not warrant the use of arms. In addition, police have to disclose their identity when apprehending a person following due process but in this case that was not done. After the shooting, the policeman sought to justify the use of arms by fabricating reasons.

ADDITIONAL COMMENTS:

The law enforcement officials have to use force only when strictly necessary and to the extent required for the performance of their duty. The use of firearms is one of methods of use of force and it should be considered as the last resort. However, the police in this case just shot Martholomeus despite the fact that there were other methods of dealing with him. After the shooting, the policeman also tried to justify the use of arms by fabricating reasons.

The AHRC has reported other similar cases of use of firearms by law enforcement officials. On July 2007, a law enforcement official shot a villager with the reasoning that the villager was trying to escape. See further: UA-217-2007. In another case, a farmer was brutally gunned down in Central Java for a similar reason. See further UA-354-2006.

In this context, the AHRC notes that the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials contain the following two provisions:

“Governments shall ensure that arbitrary or abusive use of force and firearms by law enforcement officials is punished as a criminal offence under their law.”

“Exceptional circumstances such as internal political instability or any other public emergency may not be invoked to justify any departure from these basic principles.”

SUGGESTED ACTION: 
Please write to the authorities listed below expressing your grave concern regarding the shooting of the Indonesian man by a policeman. The authorities must exhaust all means to ensure that a conclusive investigation is conducted to guarantee that the perpetrator is effectively prosecuted. Please urge them to investigate the case without delay. The victim’s family must also be afforded appropriate compensation.
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