ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME
Urgent Appeal Case: AHRC-UAC-016-2021
December 15, 2021
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INDONESIA: Nineteen Civilians Shot With Rubber Bullets and Seriously Injured
ISSUES: Access to justice, impunity, remedy, excessive use of force, torture, fair trial
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Dear Friends,
The Asian Human Rights Commission (AHRC) has received information from the Commission for the Disappearances and Victims of Violence (KontraS), a national human rights organization, regarding a shooting that took place in Tamilouw Village, Amahai District, Central Maluku Regency on Tuesday, December 7, 2021. It resulted in approximately 19 (nineteen) victims (including women and minors) injured with rubber bullets fired by the Central Maluku Police Resort (Polres Maluku Tengah).
CASE NARRATIVE:
Based on the information we have received, on December 7, 2021 at 05.20 am, dozens of personnel from the Mobile Brigade unit came armed with full weapons 2 barracudas, 1 Water Canon, 6 Pioneer Trucks, and a total of 24 vehicles.
The arrival of the Central Maluku Police impacted the prolonged conflict between the Nualu Dusun Roha tribe and Tamilouw residents. The conflict was triggered by land located on the boundary of the two villages which caused one person to die and was followed by the burning of the village office. Furthermore, the purpose of the visit was to arrest several parties who were being questioned regarding the burning case of the Tamilouw State Office.
The arrival of Police Officers was based on the neglect of two summons by the Police to the alleged perpetrator. The arrival of the Police caused the villagers to panic, especially with the excessive use of force by the Police to arrest the suspected arsonists. The shooting of rubber bullets by the Police were not just warning shots, but were directly aimed at peoples’ different body parts.
We consider that the coercive efforts carried out by the Police violate the principle of Due Process of Law. The arrest of criminals must also follow the provisions of the Criminal Procedure Code. In addition, the Police also did not heed the Chief Police Regulation (Perkap) Number 6 of 2019 concerning the Investigation of Criminal Acts. It states that in conducting an investigation and/or prosecution, the Police must be equipped with a warrant. This should at least contain the basis for conducting an investigation and/or prosecution. However, the events in the field actually show the repressive character of the apparatus.
The brutality of the Police in responding to refusals by residents directly using firearms, has clearly injured the regulation of Article 8 paragraph (2) of the Chief Police Regulation Number 1 of 2009 concerning the Use of Force in Police Actions.
Then it is also regulated in the United Nations Resolution Number 34/169 concerning Ethics of Conduct for Law Enforcement (UN Resolution on Code of Conduct for Law Enforcement). It also states that Law Enforcement Officers may use harsh measures only when absolutely necessary and only to the extent necessary for the performance of their obligations. In this case the use of firearms is considered an extreme measure, and every effort should be made to rule out the use of firearms.
Based on this action, we observed that Police from the Central Maluku Police had taken action outside the procedure. The reason being, seeing the readiness of the Police in this incident. The firearms used neglected to pay attention to the principles of necessity, legality, and proportionality as regulated both in the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials and internal Police regulations.
The Police did not take into consideration that these fearful actions did not stop at the presence of a number of residents including women who were injured. It also spread fear among the local residents who witnessed the brutal actions of the Police.
This incident also indicates that the apparatus is still not implementing the principle of accountability in carrying out Police work. This shooting also violates Perkap No. 9 of 2009 concerning the Implementation of Human Rights Article 11 letter J. It explains that every officer/member of the National Police is prohibited from using excessive force and/or firearms. Unfortunately, this mechanism is rarely followed by officers on duty in the field, resulting in excessive and unmeasured use of force.
SUGGESTED ACTION:
Please write to the Authorities listed below. Request the following action. Ask them to ensure:
a. The Maluku Police Chief investigates the shooting committed by members of the Central Maluku Police and takes criminal, ethical and disciplinary action.
b. The National Commission on Human Rights (Komnas HAM), the National Commission on Womens’ Violence (Komnas Perempuan) and the National Police Commission (Kompolnas), as the external supervisory agencies of the Police institution, immediately conduct an independent investigation and investigation into the shooting case.
c. The Witness and Victims Protection Agency (LPSK) took quick steps to protect and recover the victims who were the targets of the shootings.
The AHRC is writing a separate letter to the United Nations Special Rapporteur on Torture and other Cruel, Inhuman or Degrading Treatment or Punishment
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
INDONESIA: Nineteen Civilians Shot With Rubber Bullets and Seriously Injured
Name of victim: Nineteen civilians in Tamilouw Village, Amahai District, Central Maluku Regency
Names of alleged perpetrators: Police officers of Central Maluku Police Resort (Polres Maluku Tengah).
Date of incident: 7 December 2021
Place of incident: in Tamilouw Village, Amahai District, Central Maluku Regency
I am writing to voice my deep concern regarding a shooting that took place in Tamilouw Village, Amahai District, Central Maluku Regency on Tuesday, December 7, 2021. It resulted in approximately 19 (nineteen) victims (including women and minors) injured with rubber bullets fired by the Central Maluku Police Resort (Polres Maluku Tengah).
Based on the information we have received, on December 7, 2021 at 05.20 am, dozens of personnel from the Mobile Brigade unit came armed with full weapons 2 barracudas, 1 Water Canon, 6 Pioneer Trucks, and a total of 24 vehicles.
The arrival of the Central Maluku Police impacted the prolonged conflict between the Nualu Dusun Roha tribe and Tamilouw residents. The conflict was triggered by land located on the boundary of the two villages which caused one person to die and was followed by the burning of the village office. Furthermore, the purpose of the visit was to arrest several parties who were being questioned regarding the burning case of the Tamilouw State Office.
The arrival of Police Officers was based on the neglect of two summons by the Police to the alleged perpetrator. The arrival of the Police caused the villagers to panic, especially with the excessive use of force by the Police to arrest the suspected arsonists. The shooting of rubber bullets by the Police were not just warning shots, but were directly aimed at peoples’ different body parts.
We consider that the coercive efforts carried out by the Police violate the principle of Due Process of Law. The arrest of criminals must also follow the provisions of the Criminal Procedure Code. In addition, the Police also did not heed the Chief Police Regulation Number (Perkap) 6 of 2019 concerning the Investigation of Criminal Acts. It states that in conducting an investigation and/or prosecution, the Police must be equipped with a warrant. This should at least contain the basis for conducting an investigation and/or prosecution. However, the events in the field actually show the repressive character of the apparatus.
The brutality of the Police in responding to refusals by residents directly using firearms, has clearly injured the regulation of Article 8 paragraph (2) of the Chief Police Regulation Number 1 of 2009 concerning the Use of Force in Police Actions.
Then it is also regulated in the United Nations Resolution Number 34/169 concerning Ethics of Conduct for Law Enforcement (UN Resolution on Code of Conduct for Law Enforcement). It also states that Law Enforcement Officers may use harsh measures only when absolutely necessary and only to the extent necessary for the performance of their obligations. In this case the use of firearms is considered an extreme measure, and every effort should be made to rule out the use of firearms.
Based on this action, we observed that Police from the Central Maluku Police had taken action outside the procedure. The reason being, seeing the readiness of the Police in this incident. The firearms used neglected to pay attention to the principles of necessity, legality, and proportionality as regulated both in the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials and internal Police regulations.
The Police did not take into consideration that these fearful actions did not stop at the presence of a number of residents including women who were injured. It also spread fear among the local residents who witnessed the brutal actions of the Police.
This incident also indicates that the apparatus is still not implementing the principle of accountability in carrying out Police work. This shooting also violates Perkap No. 9 of 2009 concerning the Implementation of Human Rights Article 11 letter J. It explains that every officer/member of the National Police is prohibited from using excessive force and/or firearms. Unfortunately, this mechanism is rarely followed by officers on duty in the field, resulting in excessive and unmeasured use of force.
Therefore, I respectfully urge you to ensure:
a. The Maluku Police Chief investigates the shooting committed by members of the Central Maluku Police and takes criminal, ethical and disciplinary action.
b. The National Commission on Human Rights (Komnas HAM), the National Commission on Womens’ Violence (Komnas Perempuan) and the National Police Commission (Kompolnas), as the external supervisory agencies of the Police institution, immediately conduct an independent investigation and investigation into the shooting case.
c. The Witness and Victims Protection Agency (LPSK) took quick steps to protect and recover the victims who were the targets of the shootings.
Yours Sincerely,
……………….
PLEASE SEND YOUR LETTERS TO:
1. Mr. Joko Widodo
President of the Republic of Indonesia
Jl. Veteran No. 16
Jakarta Pusat
INDONESIA
Tel: +62 21 3458 595
Fax: +62 21 3484 4759
E-mail: webmaster@setneg.go.id
2. Mr. Yasonna Laoly
Minister of Law and Human Rights
Jl. HR Rasuna Said Kav. 6–7
Kuningan, Jakarta 12940
INDONESIA
Tel: +62 21 525 3006, 525 3889
Fax: +62 21 525 3095
3. Dr. Mualimin Abdi SH., MH
Director General of Human Rights
Office of the Director General of Human Rights
Jl. HR Rasuna Said Kav. 6–7
Kuningan, Jakarta 12940
INDONESIA
Tel: +62 21 5253006
Fax: +62 21 5253095
4. General of Police Listyo Sigit Prabowo
Chief of National Police (KAPOLRI)
Jl. Trunojoyo No. 3 Kebayoran Baru, Jakarta Selatan 12110
INDONESIA
Tel: +62 21 384 8537, 726 0306
Fax: +62 21 7220 669
E-mail: info@polri.go.id
5. Ms. Poengky Indarti
Commissioner of the National Police Commission
Jl. Tirtayasa VII No. 20
Kebayoran Baru, Jakarta Selatan
INDONESIA
Tel: +62 21 739 2315
Fax: +62 21 739 2352
E-mail: secretariat@kompolnas.go.id, skm@kompolnas.go.id
6. Mr. Bambang Soesatyo
Chairperson of the Commission III of The House of Representative
Ketua Komisi III DPR RI
Gedung Nusantara II DPR RI, Lt I
Jalan Jenderal Gatot Subroto, Jakarta,
INDONESIA
Tel : +62 21 -5715566, +62 21-5715569, +62 21-5715864
Fax : +62 21 5715566
7. Mr. Drs. Hasto Atmojo Suroyo, M.Krim.
Chairperson of the Agency for Victims and Witness Protection
Lembaga Perlindungan Saksi dana Korban (LPSK)
Jalan Raya Bogor KM. 24 No. 47-49, Susukan, Ciracas, RT.6/RW.1, Susukan, Ciracas, Kota Jakarta Timur, Daerah Khusus Ibukota Jakarta 13750
Tel: +62 21 29681560
Fax: +62 21 29681551 / +62 21 29681557
8. Mr. Ahmad Taufan Damanik
Chairperson of the National Commission on Human Rights (Komnas HAM)
Jl. Latuharhary No. 4-B
Jakarta 10310
INDONESIA
Tel: +62 21 392 5227-30
Fax: +62 21 392 5227
E-mail: info@komnas.go.id
Thank you.
Urgent Appeals Program
Asian Human Rights Commission (ua@ahrc.asia)
