Dear friends,
It has come to the attention of the Asian Human Rights Commission (AHRC) that of the 10 farmers arrested and tortured in October 2005 by police officers in Central Sulawesi, Indonesia, eight have been sentenced to nine years imprisonment, on the charges of maltreatment and killing of 17 police officers, three of whom died. No investigation however, has been conducted into the farmers’ complaint of police torture during investigation, made in December 2005.
The 10 farmers were arrested in October 2005 for the death of three police officers, who were killed in a clash between police and villagers during the police’s attempt to arrest Madi, the leader of a ‘deviant’ religious sect and his followers. Madi, who practices traditional self defense medicine, has been accused by the police for spreading heretical Islamic beliefs. (See UA-239-2005 for details.)
On 17 May 2006, the District Court of Central Sulawesi sentenced Raya (29), Kahar (21), Lai (35), Olimin (21), Hasanuddin (40), Bambang (21), Asani (45) and Sahido (30) to nine years imprisonment. This was the case even though the men retracted their confessions during the trial, which they said they had made after being tortured. They described the brutal methods of torture and showed their injuries. Furthermore, 11 witnesses from the village of Dusun Salena stated that the 10 suspects were not involved in the attack on the police officers. According to their testimony (which corresponds to that of the suspects’), only three persons attacked the police.
The two other suspects, Nanga and Masuna, were acquitted; the judge noted that they had helped the police with information regarding Madi’s whereabouts. The prosecutor however, has asked for an appeal to be heard at the Supreme Court regarding their acquittal. Together with the 10 farmers, the police had arrested one other man, Arifin, in October 2005, who was detained separately. The district court sentenced Arifin to five years in prison under emergency law, for hiding weapons.
The AHRC, together with local human rights groups, is concerned that although the Central Sulawesi Provincial Police promised to investigate the farmers’ torture complaint and punish the perpetrators if they were found to have committed torture, no investigation has been conducted. These farmers have been denied redress for the brutal torture they suffered, and now their rights have been further violated by being unjustly sentenced.
The Institute for the Development of Legal and Human Rights Study (LPSHAM), who has been representing the farmers, has asked for the case to be heard at the high court. LPSHAM is also considering pursuing the torture complaint against the police when other legal proceedings are completed.
The AHRC urges the attorney and general to call for a reinvestigation of this case by impartial agencies, and to ensure that the men’s complaint of torture is immediately looked into.
SUGGESTED ACTION:
Please write to the relevant authorities requesting that this case be reinvestigated in an impartial and thorough manner so that these farmers may obtain justice. Most importantly, the torture complaint made by them against the police must be immediately investigated.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
INDONESIA: Torture victims in Central Sulawesi sentenced to nine years imprisonment
I have learnt that eight of the 10 farmers arrested and tortured in October 2005 by the Central Sulawesi police, have been sentenced to nine years imprisonment, on the charges of maltreatment and killing of 17 police officers, three of whom died. No investigation however, has been conducted into the farmers' complaint of police torture, made in December 2005.
As you will be aware, the 10 farmers were arrested in October 2005 for the death of three police officers, who were killed in a clash between police and villagers during the police's attempt to arrest Madi, the leader of a religious sect and his followers.
On 17 May 2006, the District Court of Central Sulawesi sentenced Raya (29), Kahar (21), Lai (35), Olimin (21), Hasanuddin (40), Bambang (21), Asani (45) and Sahido (30) to nine years imprisonment. However, the men retracted their confessions during the trial, which they said they had made after being tortured. They described the brutal methods of torture and showed their injuries. Furthermore, 11 witnesses from the village of Dusun Salena stated that the 10 suspects were not involved in the attack on the police officers. According to their testimony (which corresponds to that of the suspects'), only three persons attacked the police.
The two other suspects, Nanga and Masuna, were acquitted; the judge noted that they had helped the police with information regarding Madi's whereabouts. The prosecutor however, has asked for an appeal to be heard at the Supreme Court regarding their acquittal.
I am concerned that even though the Central Sulawesi Provincial Police promised to investigate the torture complaint of the farmers in December 2005 and punish the perpetrators if they were found to have committed torture, no investigation has been conducted. These farmers have been denied redress for the brutal torture they suffered, and now their rights have been further violated by being unjustly sentenced.
I urge you to exert your influence and ensure that this case is reinvestigated in an impartial and thorough manner so that these farmers may obtain justice. Furthermore, the torture complaint made by them against the police must be immediately investigated and the perpetrators must be prosecuted and punished accordingly.
I look for your prompt action regarding this case.
Yours sincerely,
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PLEASE SEND LETTERS TO:
1. Prof. Dr. Bagir Manan
Chief Justice
Supreme Court
Jalan Merdeka Utara No. 11 - 13
Jakarta Pusat 10110
INDONESIA
Tel: +62 21 3811957 / 345 2223
Fax: +62 21 381 0357
2. Mr. Abdul Rahman Saleh
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
3. Gen. Sutanto
Chief of National Police
Jl. Trunojoyo No. 3
Jakarta Selatan
INDONESIA
Tel.: +62-21-721 8144
Fax: +62-21-720 7277, 201402
4. Brig.-Gen. Oegroseno
Head of Central Sulawesi Provincial Chief of Police
Jl. Sam Ratulangi No. 46
Palu
Central Sulawesi
INDONESIA
Tel/Fax: +62-451-421555
5. Mr. Abdul Hakim Garuda Nusantara
Chairperson
KOMNAS HAM [National Human Rights Commission of Indonesia]
Jl. Latuharhary No. 4B Menteng
Jakarta Pusat 10310
INDONESIA
Tel: +62 21 3925230
Fax: +62 21 3151042/3925227
E-mail: info@komnasham.or.id
6. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Mr. Safir Syed
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (general)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
