Dear friends,
The Asian Human Rights Commission (AHRC) has received updated information about the continued intimidation by members of the Medan District Police towards Suhermans family, the man who was brutally shot dead by the police on 11 April 2007. The police allegedly tried to cover up the case by offering some money and forcing the family to drop the murder charge against those responsible. As the family refused to withdraw the case, the police further accused the family of certain crimes and interrogated them without the presence of a lawyer while no investigation into the murder of Suherman has taken place.
UPDATED INFORMATION:
According to the latest information from Medan Legal Aid Institute (LBH Medan) in Indonesia, Mr. Suhermans wife, Juliana and his sister Ms. Supiah have been continuously harassed by the police since they have decided to seek legal redress for the murder of Suherman on 11 April 2007. It was later found that Suherman was suspected on being involved in a crime involving firearms. As previously reported, however, Medan District Police approached Juliana and gave her an envelop containing 500,000 Rupiah for “compensation” to cover up the case (For details, see: UA-146-2007).
It is reported that representatives of the police office regularly ask the LBH Medan lawyers who are representing the family members to make peace; using the reasoning that it was a minor misunderstanding and it would be better to settle this outside the court. However, since the family had refused to drop the complaint, the police have now tried to accuse Juliana and Ms. Supiah of certain crimes. Around the middle of June 2007, Juliana was asked to come to the police station to provide her testimony for a Money Laundry case that the police are working on. Without any adequate evidence, the police are trying to implicate Juliana in this case.
Similarly, the latest incident occurred to Ms. Supiah who was asked to come to the Medan District police station because she was accused of stealing money from Naniwati (her husbands sister) in 2002. Ms. Supiah came with an LBH Medan lawyer, Hasan Tua Lumban Raja, to the police station where she was interrogated by the head of the Crime and Violence Unit, Iptu Achiruddin Hasibuan. Iptu Achiruddin forced her to confess the crime by using intimidation techniques, such as yelling at her and asking questions forcefully, which made Ms. Supiah shake with fear. Hasan tried to protest against Iptu Achiruddins conduct towards his client however Iptu Achiruddin forced Hasan to leave the interrogation room. This is clearly a violation of the due process of the law since Ms. Supiah was not allowed to have her lawyer present and she was interrogated late into the night.
On 22 June 2007, the family members has lodged a complaint and protest letter with the help of LBH Medan against Iptu Achiruddins unjust means of investigation to the Chief of the provincial police, the Chief of the national police, the President of Indonesia, the national human rights commission (Komnas Ham), and the Indonesian Legal Aid Institute. Even though the intimidation by the police has continued, no proper action has been taken.
LBH Medan is a branch of the Indonesian Legal Aid Foundation that was created to advocate for human rights in Indonesia, and provide access to justice for the poor and marginalized in the society. LBH Medan has asked for the Medan District police to investigate the case surrounding Suhermans untimely death. They have also requested the Chief of provincial police to exhume Suhermans body so that an autopsy can take place to determine exactly the nature of his death but no autopsy has been taken.
SUGGESTED ACTION:
Please write to the relevant authorities listed below and demand an immediate and impartial investigation into the murder of Suherman and urge them to conduct legal and disciplinary action against those responsible and punish them. Please also urge them to provide witness protection for the families of the victim from the police and allow the lawyer’s presence during interrogation.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ________,
INDONESIA: Falsely implication family members of a man shot dead by the Medan Police on other charges
Name of victims:
1) Suherman, 28 years old, residing in Trikora 26, Tegal Sari, Medan, Northern Sumatera (shot dead)
2) Ms. Juliana (victim’s wife)
3) Ms. Supiah (victim’s sister)
4) Hasan Tua Lumban Raja, LBH Medan Lawyer (denial of legal assistance)
Alleged perpetrators:
1) 30 yet unidentified men of Medan District Police (allegedly shot the victim 1)
2) Iptu Achiruddin Hasibuan, head of the crime and violence unit of Medan District Police
Date of incident: around mid-June 2007
Place of incident: Medan District Police station
I am appalled to learn that the members of victim’s family who found shot dead on 11 April 2007 after arrest by the Medan District Police have been falsely implicated by the police during interrogation on charge of other crimes after they refused to withdraw the complaint against them. The nature of this case is related to the alleged murder of Mr. Suherman by the Medan District Police. However, Mr. Suhermans wife, Juliana and his sister Ms. Supiah have been continuously harassed by the police since they have decided to seek legal redress through the help of the Medan Legal Aid Institute (LBH Medan).
I was informed that a police officer approached Juliana and gave her an envelope containing 500,000 Rupiah for “compensation” to try to cover up the case. Later, it is reported representative of the police office regularly asks the LBH Medan lawyers and the members of the family to make peace with the reason that it was a minor misunderstanding and it would better to settle this outside the court. However, since the family had refused to drop the allegation, the police have now tried to accuse Juliana and Ms. Supiah of certain crimes.
Around the middle of June 2007, Juliana was asked to come to the police station to provide her testimony for the Money Laundry case that the police are working on. Without any adequate evidence, the police are trying to implicate Juliana in this case. Similarly, Ms. Supiah was asked to come to the said police station because she was accused of stealing money. During interrogation, Iptu Achiruddin Hasibuan forced her to confess the crime by yelling and asking questions forcefully, which made her shake with fear. LBH medan lawyer, hasan Tua Lumban Raja tried to protest it however, he was forced to leave the interrogation room.
Since Indonesia is a signatory to the International Covenant on Civil and Political Rights (ICCPR), it has a duty to uphold the rights of the suspect or defendant to a fair trial. Both women were called into question without probable cause and they were unjustly implicated in criminal activities without adequate evidence. It is believed that the policemen are purposely interrogating them as a way to intimidate Suhermans family members to cover up the case and withdraw the charge against them.
I am deeply concerned that no investigation has taken yet on those responsible for Suherman’s murder and the family members have been falsely implicated on charges of other crimes while the responsible have not been suspended or discovered. It is reported that the police have continued trying to cover up the case by giving money and charging non-bail able cases such as ‘Money Laundary’. I am also informed that this type of false implication on other crimes and questioning by intimidation by the police have become common practice of the Medan Police District since they have been accused of other human rights violations, including torture.
In light of the above, I strongly urge you to conduct immediate investigation into the alleged murder of Suherman by the police. I also urge you to legal and disciplinary action against those responsible through thorough investigation and to suspend them while the investigation is going on. Witness protection should be provided to the families of the victim. I further urge you to guarantee the legal counselor for the families of the victim to be presented during interrogation that the police implicated the families on charge of other crimes.
I finally urge the Indonesian government which has been re-elected as a member of UN Human Rights Council to show its sincerity in protecting and upholding the highest standards of human rights for its citizens by proving to make its pledges into reality, in particular to guarantee that perpetrators in this case are held to account and victim’s family can obtain redress. More importantly, flagrant abuses by persons in authority should not be tolerated.
I look forward to your prompt and effective response in this matter.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Mr. Hendarman Supandji
Attorney General
Kejaksaan Agung RI
Jl. Sultan Hasanuddin No. 1
Jakarta Selatan
INDONESIA
Tel: + 62 21 7221337, 7397602
Fax: + 62 21 7250213
Email: postmaster@kejaksaan.or.id
2. Gen. Sutanto
Chief of National Police
Jl. Trunojoyo No. 3
Jakarta Selatan
INDONESIA
Tel: +62 21 721 8012
Fax: +62 21 720 7277
Email: polri@polri.go.id
3. Mr. Abdul Hakim Garuda Nusantara
Chairperson
KOMNAS HAM (National Human Rights Commission)
Jl. Latuharhary No. 4B Menteng
Jakarta Pusat 10310
INDONESIA
Tel: +62 21 3925230
Fax: +62 21 3151042/3925227
Email: info@komnasham.or.id
4. Mr. Susilo Bambang Yudoyono
President
Republic of Indonesia
Presidential Palace
Jl. Medan Merdeka Utara
Jakarta Pusat 10010
INDONESIA
Tel: + 62 21 3845627 ext 1003
Fax: + 62 21 231 41 38, 345 2685, 345 7782
Email: presiden@ri.go.id
5. Mr. Philip Alston
Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions
Attn: Lydie Ventre
Room 3-016
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR EXECUTIONS)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)
