Dear Friends,
The Asian Human Rights Commission (AHRC) has received information regarding the police attack on six public lawyers of the Yogyakarta Legal Aid (LBH Yogyakarta). Moreover, the police also prevented the lawyers from providing legal aid to the students who had been arrested and detained at the police office. In total, 11 students and one printing professional were arrested on the commemoration of 1 May 2018, International Labour Day. The police accused them of burning a police post near the Islamic State University of Yogyakarta. As the investigation continues, the police have released four persons, while eight remain in detention.
CASE NARRATIVE:
On 1 May 2018 at 5:55 p.m., police officers of the Special Region of Yogyakarta Police Office arrested student activists participating in the International Labor Day commemoration. Shortly thereafter, the students requested LBH Yogyakarta to provide legal aid in the police examination process.
Subsequently, two public lawyers from Yogyakarta Legal Aid arrived at the location where the case occurred, near the Islamic State University of Yogyakarta. The two lawyers were informed that the students had been arrested and transferred to the Special Region of Yogyakarta Police Office.
The lawyers arrived at the police office at 7 p.m., when they were informed that the students were put in the hall located in the backyard. The two lawyers requested to see the students and their condition, but the police officers refused, saying the lawyers should have Power of Attorney (PoE). At 7:10 p.m., three other public lawyers from LBH Yogyakarta came to the police office, but the police still refused to give them access to the students.
Finally, at 7:30 p.m., lawyer Mr. Yogi Zul Fadhli came to the police office carrying the Power of Attorney. Nonetheless, the police still prevented him and the other public lawyers to see and talk to the students inside the hall. The police said the lawyers have to wait because the Chief Police of Polda DIY will be conducting Teleconference.
The police demanded the six public lawyers to wait until the police finish identifying the students. The lawyers agreed and they were waiting for the identification process outside the hall. The police allowed them to see the identification process through the glass window.
At 8:20 p.m. one of the police officers approached the six lawyers, and loudly ordered the six lawyers to leave the hall. Two of the lawyers, Mr. Emanuel Gobay and Mr. Yogi Zul Fadhli, tried to clarify, but the officer insisted that all civilians have to wait outside the police office until the identification process is finished. The police argued that the six lawyers had bothered the identification process.
When the lawyers asked the police to give a reason why the lawyers cannot meet the students, the police stated that this is part of ‘police discretion’. Eventually, the police officers surrounded the lawyers and forcibly pushed them out from the police office, even as Emmanuel insisted to provide legal assistance to the students. Emmanuel was then beaten repeatedly. Finally, the six lawyers retreated and left the police office.
SUGGESTED ACTION:
Please write to the authorities listed below, asking them to ensure that the police, in particular the Chief of National Police as well as the National Police Commission must ensure that proper investigation is carried out to examine which police officers attacked the lawyers and prevented them from access to the students. Those responsible must be punished. Further, the police must respect the duty of lawyers, who are mandated by law to provide legal aid to all suspects and detainees. Further, the Commission III of the House of Representatives focusing on security and human rights along with the National Commission on Human Rights (Komnas HAM) must monitor the investigation process and ensure it is conducted under fair trial principles.
The AHRC is writing a separate letter to the UN Special Rapporteur on Situation of Human Rights Defenders and Special Rapporteur on the Independence of Judges and Lawyers, calling for their intervention into this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
INDONESIA: Yogyakarta public lawyers attacked and prevented from providing legal assistance by police
Name of victims: Mr. Emanuel Gobay, Mr. Yogi Zul Fadhli and four other public lawyers at the Yogyakarta Legal Aid
Names of alleged perpetrators: Police Officers of the Special Region of Yogyakarta Police Office (Polda DIY)
Date of incidents: 1 May 2018
Place of incident: Special Region of Yogyakarta Province (Provinsi Daerah Istimewa Yogyakarta)
I am writing to voice my deep concern regarding the police attack on six public lawyers of the Yogyakarta Legal Aid (LBH Yogyakarta). Moreover, the police also prevented the lawyers from providing legal aid to the students who had been arrested and detained at the police office. In total, 11 students and one printing professional were arrested on the commemoration of 1 May 2018, International Labour Day. The police accused them of burning a police post near the Islamic State University of Yogyakarta. As the investigation continues, the police have released four persons, while eight remain in detention.
On 1 May 2018 at 5:55 p.m., police officers of the Special Region of Yogyakarta Police Office arrested student activists participating in the International Labor Day commemoration. Shortly thereafter, the students requested LBH Yogyakarta to provide legal aid in the police examination process.
Subsequently, two public lawyers from Yogyakarta Legal Aid arrived at the location where the case occurred, near the Islamic State University of Yogyakarta. The two lawyers were informed that the students had been arrested and transferred to the Special Region of Yogyakarta Police Office.
The lawyers arrived at the police office at 7 p.m., when they were informed that the students were put in the hall located in the backyard. The two lawyers requested to see the students and their condition, but the police officers refused, saying the lawyers should have Power of Attorney (PoE). At 7:10 p.m., three other public lawyers from LBH Yogyakarta came to the police office, but the police still refused to give them access to the students.
Finally, at 7:30 p.m., lawyer Mr. Yogi Zul Fadhli came to the police office carrying the Power of Attorney. Nonetheless, the police still prevented him and the other public lawyers to see and talk to the students inside the hall. The police said the lawyers have to wait because the Chief Police of Polda DIY will be conducting Teleconference.
The police demanded the six public lawyers to wait until the police finish identifying the students. The lawyers agreed and they were waiting for the identification process outside the hall. The police allowed them to see the identification process through the glass window.
At 8:20 p.m. one of the police officers approached the six lawyers, and loudly ordered the six lawyers to leave the hall. Two of the lawyers, Mr. Emanuel Gobay and Mr. Yogi Zul Fadhli, tried to clarify, but the officer insisted that all civilians have to wait outside the police office until the identification process is finished. The police argued that the six lawyers had bothered the identification process.
When the lawyers asked the police to give a reason why the lawyers cannot meet the students, the police stated that this is part of ‘police discretion’. Eventually, the police officers surrounded the lawyers and forcibly pushed them out from the police office, even as Emmanuel insisted to provide legal assistance to the students. Emmanuel was then beaten repeatedly. Finally, the six lawyers retreated and left the police office.
Therefore, I respectfully request you to ensure that the police, in particular the Chief of National Police as well as the National Police Commission must ensure that proper investigation is carried out to examine which police officers attacked the lawyers and prevented them from access to the students. Those responsible must be punished. Further, the police must respect the duty of lawyers, who are mandated by law to provide legal aid to all suspects and detainees. Further, the Commission III of the House of Representatives focusing on security and human rights along with the National Commission on Human Rights (Komnas HAM) must monitor the investigation process and ensure it is conducted under fair trial principles.
I look forward to your prompt action in this matter.
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 Pol. Drs. H.M. Tito Karnavian, M.A., Ph.D
Chief of National Police (KAPOLRI)
Jl. Trunojoyo No. 3 KebayoranBaru, 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
KebayoranBaru, Jakarta Selatan
INDONESIA
Tel: +62 21 739 2315
Fax: +62 21 739 2352
E-mail: secretariat@kompolnas.go.id, skm@kompolnas.go.id
6. Professor. Amzulian Rifai S.H, LL.M, PhD
Chairperson of Ombudsman of Republic of Indonesia
Jl. HR. Rasuna Said Kav. C-19 Kuningan (GedungPengadilan TIPIKOR) Jakarta Selatan
INDONESIA
Tel: +62 21 52960894/95
Fax: +62 21-52960904/05
7. Mr. Kahar Muzakir
Chairperson of the Commission III of The House of Representative
Ketua Komisi III DPR RI
Gedung Nusantara II DPR RI, Lt I
JalanJenderalGatotSubroto, Jakarta,
INDONESIA
Telp : +62 21 -5715566, +62 21-5715569, +62 21-5715864
Fax : +62 21 5715566
8. Mr. Abdul Haris Semendawai
Chairperson of the Agency for Victims and Witness Protection
Lembaga Perlindungan Saksi dan 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
9. 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)
