UPDATE (Indonesia): Only one torture perpetrator charged with maltreatment while the others are still at large in Kupang 

Dear friends,

The Asian Human Rights Commission (AHRC) has received updated information from the Initiative for the Development of People’s Advocacy (PIAR) in East Nusa Tenggara, Indonesia regarding the torture of a colleague student Elfrianus Alfred Ulu (23) by the prison officials of the Penfui Prison, Kupang.

According to the information we have received, only one suspect out of five was tried merely regarding “maltreatment” charges and sentenced to a light jail term by the court. The other suspects are still at large. The Kupang police delayed arresting the other suspects under the pretext of lack of evidence, even though the East Nusa Tenggara regional office of the Ministry of Justice and Human Rights, which has supervision over the Penfui Prison, told the media that they found that the four officials were involved in the torture of Alfred Ulu according to their internal enquiry.

In March 2005, Alfred Ulu was brutally tortured by five prison officers of the Penfui prison where he was detained without trial. He was later released without charge. Due to torture, he suffers from total blindness and other injuries and has had to stop his study.  (See further: UA-148-2005).

The AHRC is gravely concerned by the Indonesian police’s inaction to arrest the remaining suspects and the lack of legal remedy to torture victims in Indonesia. The Indonesian government ratified the UN Convention against Torture (CAT) but failed to make adequate and applicable measures to prevent and criminalise acts of torture and to make the acts punishable by appropriate penalties. Furthermore, there is no clear reparation or compensation procedure for torture victims.

We call for your urgent intervention in this matter. Please write an appeal letter to the Indonesian government and request them to arrest the four other prison officers, to bring its penal code into accordance with the Convention and to provide adequate compensation to the victim.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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UPDATED INFORMATION:

Name of the victim: Elfrianus (Alfred) Ulu, 23, student at the Maritime Academy of Kupang, capital of East Nusa Tenggara Province, Indonesia.
Alleged perpetrators: Yupiter M. Bolla; Ferdinand S. Kiuk; Benyamin Lede Kana; Nelson Hatu Riwu; Yusuf Stefanus Dalla — all prison officials of the Penfui Correctional Institution, Kupang
Place of incident: Penfui Correctional Institution, Kupang
Date of incident: 5-8 March 2005

A criminal trial of Yupiter M. Bolla, who was only charged with maltreatment (not with torture), was started at Kupang District Court on 6 September 2005 and several court hearings were held in September. During the court hearings, Alfred Ulu testified that beside Bolla the other four officials of the Penfui Prison, namely Ferdinand S. Kiuk, Nelson Hatu Riwu, Benyamin Lede Kana and Yusuf Stefanus Dula were also involved in his torture. However, Yupiter M. Bolla maintained that he had carried out the torture alone. The Court issued the verdict on October 7 and sentenced three-year imprisonment to Yupiter M. Bolla. The judge also added that he should not be detained in Penfui Prison to avoid possible special treatment by the prison authority. However, there was no court decision regarding the compensation to the victim. Alfred Ulu and his family denounced the court verdict and said that the sentence is too light, considering the seriousness of the crime and the grave suffering of the victim.

East Nusa Tenggara regional office of the Ministry of Justice and Human Rights, which has supervision over the Penfui Prison, conducted an internal enquiry into this torture case. After that, the head of office allegedly told the media that they found that the other four prison officials were involved in the maltreatment of Alfred Ulu. However, the Kupang police have failed to take active action to arrest and prosecute these officials, merely saying that they are still collecting evidence. Additionally, there has been no information as to whether any disciplinary or legal action was taken against the Kupang police for illegally arresting and detaining Alfred Ulu.

Meanwhile, on October 3, Alfred Ulu’s defence lawyer from the Alliance of
Indonesian Lawyer (Serikat Pengacara Indonesia) sued 11 governmental officials. They are the Minister of Justice and Human Rights, Head of the East Nusa Tenggara Regional Office of Justice and Human Rights and 9 officials of the prison department of Kupang, including the head of the department. The case was registered and the court hearing will begin this month. In his complaint, the victim requested the government to provide compensation 10,000,000,000,000 Rupiah (USD 990,883,868) for cornea change surgery, 10,000,000 Rupiah (USD 991) for covering medical expenses since March 2005, and another 500,000,000 Rupiah (USD 49, 544) for causing the discontinuance of his study.

This case clearly illustrates why the Indonesian government should immediately implement the UN Convention against Torture (CAT) at the domestic level. Without this, torture victims will never have a chance to have effective remedies and torture perpetrators will be encouraged to continue their crimes.

SUGGESTED ACTION:
Please send a letter to the persons below and express your concern about this serious case.

 

 

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