INDONESIA: Ensuring effective remedy for Mr. Muhamad Fikry, a victim of torture and an unfair trial

An Open Letter from the Asian Human Rights Commission (AHRC) to the Chairperson of the Indonesian Supreme Court (Mahkamah Agung RI)

Professor. Dr. Muhammad Syarifuddin, SH., MH.
The Chairperson of the Indonesian Supreme Court (Mahkamah Agung RI)
Jalan Medan Merdeka Utara No 9-13
Tel: +62 21 3843348, +62 21 3810350, +62 21 3457661
Fax: + 62 21 3453553, +62 21 3454546
Jakarta 10110

Dear Chairperson 

INDONESIA: Ensuring effective remedy for Mr. Muhamad Fikry, a victim of torture and an unfair trial 

The Asian Human Rights Commission (AHRC) has received information from the Advocacy Team Against Torture (Tim Advokasi Anti Penyiksaan) on the case of torture and an unfair trial against Mr. Muhammad Fikry. 

On Monday, April 10, 2023, Mr. Muhamad Fikry, a victim of wrongful arrest and torture that occurred in Tambelang, the Bekasi Regency, the West Java Province, accompanied by his attorney who is part of the Anti-Torture Advocacy Team, submitted a petition regarding compensation and rehabilitation for a series of unfair trial related processes and acts of torture experienced at the Cikarang District Court. 

The submission was filed after the Supreme Court of the Republic of Indonesia issued a judgment, Number 1351 K/Pid/2022, on November 16, 2022, as well as the decision of the Bandung High Court Number 170/PID/2022/PT BDG dated July 18, 2022, which released Mr. Fikry as a suspect from all charges, and since it is legally binding as a final judgment.

The submission is filed to urge the Government to restore Mr. Fikry’s rights as a victim of an unfair trial and torture. Apart from that, the submission is also part of the demand to ensure an effective remedy for a victim of human rights violations. 

Therefore, the reason to submit seeking effective remedy for the victim is as follows:

First, the Panel of Judges at the Bandung High Court stated that Mr. Fikry had succeeded to prove his denial and alibi that he was never present at the location (locus) and the time (tempus) of the crime as charged. This was later corroborated by the Indonesian Supreme Court Decision Number 1351 K/Pid/2022 dated November 16, 2022. 

The release of Mr. Fikry from all charges under consideration of the decision stating that he was never present at the location (locus) and the time (tempus) of the crime as charged, confirms Fikry’s right to apply for compensation and rehabilitation because he was arrested, detained, prosecuted and tried or subject to other actions, due to a mistake regarding the person or the law applied as stipulated in Article 95 Paragraph (1) of the Code of Criminal Procedure (KUHAP).

Article 95 Paragraph 1 

A suspect, defendant or convict has the right to demand compensation for his/her being arrested, detained, prosecuted and convicted or subjected to other measures, without lawful reasons or because of lawful mistakes or mistakes as regards the person or the law applied.

Second, in the Press Statement of the National Commission on Human Rights (Komnas HAM) Number: 15/HM.00/IV/2022, concerning the Report on the Results of the Monitoring and Investigation of the Alleged Torture Case allegedly committed by a Police officer of the Tambelang Police/Bekasi Metro Police, it found in the case of Fikry, that at least 10 forms of torture and eight forms of verbal violence had been experienced by Fikry.

Third, a series of legal processes full of acts of torture. Fikry suffered both material and non-material losses, starting from the costs incurred during the legal process to the psychological impacts that he experienced.

Based on the above, we urge that the Pretrial Judge at the Cikarang District Court be appointed to examine and try a torture case, and thereby, the Judges truly become the last bastion for justice seekers by providing effective remedies in the form of compensation and rehabilitation for Mr. Muhamad Fikry.

The number of notes above should be a concern for the Supreme Court to ensure the fulfilment of justice and other rights for Mr. Fikry.

Thus, we submit this letter. Thank you for the attention.

Yours Sincerely,

Prakash Mohara
Executive Director, Asian Human Rights Commission,
Hong Kong