INDONESIA: Torture; failure of delivering legal redress to torture victims; impunity; un-rule of law
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Dear friends,
The Asian Human Rights Commission (AHRC) has received updated information regarding the recent developments in the criminal case filed by Mr. Kurniawan, following his unwarranted arrest and subsequent brutal torture by the police in Bekasi province on 8 September 2006. We were informed that only one police officer received light sanction by the disciplinary commission of the police department, while no action has been taken against the other alleged perpetrator.
On 8 September 2006, Mr. Kurniawan, the driver of a public transportation car (Sopir Angkutan Kota), was tortured by two senior officers at the Jati Asih Police Detention Headquarters in the Bekasi province, in which he was wrongly accused of having stolen a motorcycle; a charge that was not supported by any conclusive evidence (See further: UA-312-2006).
On 18 September 2006, Mr. Hotlan Siagian, Chief of the Jati Asih Sector Police Headquarters allegedly offered Mr. Kurniawan’s father Kusmana a bribe in the amount of 2-3 million rupiah (approximately 375 USD) to revoke the official complaint earlier made by Mr. Kurniawan against alleged perpetrators. The father however refused to accept Mr. Siagian’s bribe.
On 18 November 2006, the disciplinary commission of the Bekasi Resort Police found Brigadier Nugroho, one of the alleged perpetrators, guilty of arresting Mr. Kurniawan on the baseless charges of allegedly having stolen a motorcycle, and then brutally torturing him at the Detention Headquarters of the Jati Asih Police station on the said date. Despite Brigadier Nugroho’s incontestable guilt, the disciplinary commission passed a lenient disciplinary sentence: demoting the Brigadier in rank, and freezing all due salary increases. The disciplinary hearing was handled internally within the Bekasi provincial Police sector but further action has not been taken for legal action against the alleged perpetrators.
Furthermore, despite the victim’s testimony, in which he clearly identified more than one perpetrator, no further disciplinary or legal measures have been taken by the Bekasi Resort Police authorities against the other perpetrator. To date, no redress or compensation has been provided to Mr. Kurniawan, who has been rendered physically incapable of doing manual labour, following his ordeal.
This is a clear violation on the part of the Indonesian government of its international obligation under the Convention against Torture (CAT), to which it is a state party, in which the prosecution of the perpetrator is clearly designated as the primary responsibility of the state party.
Indonesia was elected as a member to the UN Human Rights Council in May of 2006, and is also a state party to the CAT. Unfortunately, the Indonesian Government has failed to take the necessary measures in accommodating and protecting the principles of the CAT, in its existing system of domestic legislation, for its citizens. As a result, there is no established procedure for investigating and prosecuting cases of torture and other human rights violations in Indonesia.
SUGGESTED ACTION:
Please write to the relevant authorities listed below, expressing your grave concern and ethical denunciation of the shoddy standards of justice in the prosecution of primary perpetrator, Brigadier Nugroho in this particular case. Please also urge them to take disciplinary and legal action against the other perpetrator of this case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear _________,
INDONESIA: Police officer found guilty on the count of torture, receives light disciplinary sentence
Name of victim: Mr. Kurniawan, the driver of a public transportation car (Sopir Angkutan Kota)
Name of alleged perpetrators:
1. Brigadier Budi Nugroho: Jati Asih Sector Police, Bekasi Province
2. Brigadier Yulihardi: Jati Asih Sector Police, Bekasi Province
Date of incident: 8 September 2006
Place of incident: Jati Asih Sector Police Headquarters, Bekasi Province
I am writing to voice my deep concern regarding the recent developments in the unwarranted arrest and torture of Mr. Kurniawan by two senior officers of the Jati Asih Sector Police at the Jati Asih Police Detention Headquarters in the Bekasi province on 8 September 2006.
I was informed that on 18 September 2006, Mr. Hotlan Siagian, Chief of the Jati Asih Sector Police Headquarters allegedly offered Mr. Kurniawan's Father a bribe in the amount of 2-3 million Rupiah (approximately 375 USD) to revoke the official complaint earlier made by Mr. Kurniawan against the alleged torture perpetrators. However, the father refused to accept Mr. Siagian's bribe.
I am also disappointed that even though the disciplinary commission of the Bekasi Resort Police found Brigadier Nugroho guilty of arresting Mr. Kurniawan on the baseless charges of allegedly having stolen a motorcycle, and then brutally torturing him, it only passed a lenient disciplinary sentence: demoting the Brigadier in rank, and freezing all due salary increases. No further action has been taken to bring Brigadier Nugroho to the court relating to this case.
I am also informed that despite the victim identified more than one perpetrator, no further disciplinary or legal actions have been taken against Brigadier Yulihardi by the Bekasi Resort Police authorities. Furthermore, to date, no redress or compensation has been provided to Mr. Kurniawan, who has been rendered physically incapable of doing manual labour, following his ordeal.
I am appalled at the failure on the part of the Indonesian government and its existing system of prosecution to adhere to judicial redress to the torture victims. The prosecution of perpetrators charged with torture and other gross human rights violations, has clearly been demarcated as the primary obligation of the Indonesian government under the Convention against Torture (CAT); the failure to do so on the part of the Indonesian government, not only breaches its obligation as a state party to this convention, but also undermines the legitimacy of their membership to the UN Human Rights Council.
Therefore, I strongly urge you to take immediate action to ensure that Brigadier Nugroho and Brigadier Yulihardi (who is yet to be formally charged for Mr. Kurniawan's illegal detention and inhumane torture) are brought to prosecution before the court without delay and punished by law. Torture has clearly been identified as a crime of the highest degree, under the Convention against Torture (CAT), and should therefore be treated as such. I also urge you to ensure that the adequate compensation is awarded to the victim.
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. 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
2. Gen. Sutanto
Chief of National Police
Jl. Trunojoyo No. 3
Jakarta Selatan
INDONESIA
Tel: +62 21 721 8012
Fax: +62 21 720 7277
3. 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
4. Mr. Hamid Awaluddin
Minister of Justice and Human Rights
Uahi Utoyo Usman S.H.,
Menteri Kehkiman,
JI. H.R. Rosuna Said Kav. 6-7
Kuningan, Jakarta Selatan
INDONESIA
Fax: +62 21 525 3095
5. Mr. Abdul Hakim Garuda Nusantara
Chairperson
KOMNAS HAM
Jl. Latuharhary No. 4B Menteng
Jakarta Pusat 10310
INDONESIA
Tel: +62 21 3925230
Fax: +62 21 3151042/3925227
6. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Safir Syed
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (ATTN: SPECIAL RAPPORTEUR TORTURE)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
