Home / News / Urgent Appeals / INDONESIA: Innocent man allegedly arrested over false charges after illegal investigation process
 

INDONESIA: Innocent man allegedly arrested over false charges after illegal investigation process

March 12, 2010

ASIAN HUMAN RIGHTS COMMISSION ?URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-026-2010



12 March 2010
------------------------------------------------------
INDONESIA: Innocent man allegedly arrested over false charges after illegal investigation process

ISSUES: Torture, arbitrary arrest, police corruption, unlawful criminal proceedings
------------------------------------------------------

Dear friends,

The AHRC has received information from the Commission for the Disappeared and Victims of Violence (KontraS), that a man has been arbitrarily arrested and tortured while being interrogated on false charges.

CASE DETAILS:

According to information received from the Commission for The Disappeared and Victims of Violence (KontraS), Mr. Aan was interrogated by police officers from Maluku
district on 7 December regarding a drug case implicating Mr. Aan's former employer at PT Maritim Timor Jaya, Mr. David Tjoe. They did not interrogate him in the police station, but in the Artha Graha commercial office Building, Jakarta, Mr. Aan's former place of employment.

On 14 December, Mr. Aan was interrogated again in the same building as a witness by the high commissioner of the police (Kombes) Johny Siahaan and two police officers from the criminal investigation unit (reserse dan kriminal), all from the Maluku district police office, this time in a case regarding illegal gun possession, once again implicating Mr. Tjoe.

While being interrogated, Mr. Aan was severely beaten up by Mr. Victor B. Laiskodat, who also works at the PT Maritim Timor Jaya, and who is chairman of the Artha Graha Building. Neither the high commissioner of the police, nor the police officers who were there did anything to prevent the torture. This amounts to torture, as defined in the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, article 1, since the violence happened with the consent of public officials.

It must be noted that Mr. Laiskodat is close to Mr. Tommy Winata, owner of the Artha Graha Building. Mr. Winata is a rich and influential man who allegedly donates money to the police, through legal or illegal ways. It can therefore be alleged that this case of torture is based on a corruption background.

The police then subjected Mr. Aan to humiliating treatment. He was forced to undress and was subjected to a thorough search. The police, claiming that they found amphetamines powder in his clothes, arrested Mr. Aan.

At 1.30 am, on 15 December, he was brought to the Jakarta Metropolitan police office. There, he was denied the right to see a doctor or a lawyer and was interrogated again. The police conducted a urine test for drugs, the result of which was negative. Mr. Aan was nevertheless convicted of drug possession and arrested.

Mr. Aan is now detained in the Cipinang public prison, Jakarta. It is believed that he has been accused and jailed in that drug case, only to force him to testify in the gun case implying Mr. Tjoe.

ADDITIONAL COMMENT:

This case displays the common police misconduct in Indonesia. The legal process of investigation was not respected in many aspects. First, the interrogation took place outside the police office, which is against the Indonesian Code of Criminal Procedure (Kitab Undang-Undang Hukum Acara Pidana,KUHAP, in Indonesian). Then, Mr. Aan was beat up in presence of the police officers, supposedly with their consent, as they did not intervene to stop the violence. Mr. Laiskodat and the police officers could thus be accused of torturing Mr. Aan. They also subjected him to degrading treatment. Finally, they interrogated him in the police office without a lawyer, which contravenes articles 54 and 56(1) of the KUHAP, which states that the right to legal aid lasts throughout the whole proceedings whenever the defendant is interrogated, from the beginning of the preliminary examination by the police interrogator to the trial, and at every stage.
?
It is also particularly worrying that Mr. Laiskodat might have beaten up Mr. Aan with the police consent because of his relation to a man who allegedly corrupted the police. The Indonesian police have recently made efforts to improve its procedures and behavior. It is thus very important to look into these corruption allegations.

Finally, according to KontraS, it is likely that the police fabricated charges against Mr. Aan in order to pressure him to testify in another case.

Mr. Aan must be released from the Cipinang public prison as there is no proof that he had drugs, except for the claim of the police. The persons who violated the law and his rights ?that is, Mr. Laiskodat and the police officers ?must be investigated and prosecuted, then fairly punished. The police officers must be prosecuted for violation of the Code of Criminal Procedure for not respecting the legal conduct of an investigation and under the Police Regulation No.8/2009 and Criminal Code for the violence against Mr. Aan. They are allegedly responsible for Mr. Aan's torture under the Convention against Torture. Mr. Laiskodat should be prosecuted and punished for the violence conducted against Mr. Aan. An investigation should also be conducted to find out the ins and outs of the event, notably if the police officers were bribed to let Mr. Laiskodat beat up Mr. Aan.

Legal Actions already conducted by KontraS and Mr. Aan's wife:

?December 18 2009: A complaint to the Mobile Investigation (Resmob) regarding violence conducted by Mr. Victor Laiskodat against Mr. Aan was filed. No investigation has started yet.
?December 29 2009: A complaint was filed to the internal security unit (Propam) of the police headquarter. An investigation is being conducted against three police officers of the Maluku police district and two police officers of the Jakarta Metropolitan police.
?December 30 2009: A complaint was filed to the National Police Commission (Kompolnas)
?January 10 2010: A complaint was filed to the Criminal Investigation Unit (Bareskrim) of the police headquarter regarding illegal detention and abuse of power by the police officers from Maluku
?January 14 2010: A complaint was filed to the Satuan Tugas (Satgas) for “mafia law? that is, corruption of the judicial process.
?January 20 2010: A complaint was filed to the National Commission for Human Rights (Komnas HAM)

SUGGESTED ACTION:

Please write to the Indonesian authorities listed below calling for the release of Mr. Aan and the investigation of the case and prosecution of Mr. Laiskodat and the police officers. The National Police Commission must also investigate the violence conducted by the police and Satgas must look into the alleged corruption case.?

Please note that the Asian Human Rights Commission has written separate letters to the Working Group on Arbitrary Detention and the Special Rapporteur on the Question of Torture of the United Nations requesting them to intervene into this case.

To support this appeal, please click here:

SAMPLE LETTER:

Dear?_____ ,

INDONESIA: Innocent man allegedly arrested over false charges after illegal investigation process

Name of victim: Mr. Aan
Alleged perpetrators:
1. Mr. Victor B. Laiskodat, chairman of the Artha Graha Building
2. Mr. Johny Siahaan, High commissioner of the police (Kombes) Maluku district police
3. Two unidentified police officers from the criminal investigation unit (reserse dan criminal), Maluku district police
Date of incident: 14 ?15 December 2009
Place of incident: Artha Graha Building, Jakarta and Jakarta Metropolitan police office.

I am deeply concerned about the case of Mr. Aan who has been arbitrarily arrested, interrogated and assaulted on false charges. The torture took place while he was in police custody.

On 14 December 2009, Mr. Aan was interrogated in the Artha Graha Building, Jakarta, as a witness by the high commissioner of the police (Kombes) Johny Siahaan and two police officers from the criminal investigation unit (reserse dan kriminal), all from the Maluku district police office, in a case regarding illegal gun possession, implying Mr. Aan's former employer at PT Maritim Timor Jaya, Mr. Tjoe.

While being interrogated, Mr. Aan was severely beaten up by Mr. Victor B. Laiskodat, who also works at the PT Maritim Timor Jaya, and who is chairman of the Artha Graha Building. This happened in the presence of the police officers and allegedly with their consent, as they did not intervene to stop the violence.

One possible reason why the police let Mr. Laiskodat beat up Mr. Aan is because he is close to Mr. Tommy Winata, a man who allegedly donates money to the police, through legal or illegal ways. This case thus allegedly has a police corruption background.

The police then subjected Mr. Aan to humiliating treatment. He was forced to undress and was subjected to a thorough search. The police, claiming that they found amphetamines powder in his clothes, arrested Mr. Aan.

At 1.30 am, on 15 December, he was brought to the Jakarta Metropolitan police office. There, he was denied the right to see a doctor or a lawyer and was interrogated again. The police conducted a urine test for drugs, the result of which was negative. Mr. Aan was nevertheless convicted of drug possession and arrested. Mr. Aan is now detained in the Cipinang public prison, Jakarta. It is believed that he has been accused and jailed in that drug case, only to force him to testify in the gun case implying Mr. Tjoe.

This case displays the common police misconduct in Indonesia. The legal process of investigation was not respected in many aspects. First, the interrogation took place outside the police office, which is against the Indonesian Code of Criminal Procedure (Kitab Undang-Undang Hukum Acara Pidana,KUHAP). Then, Mr. Aan was beat up in presence of the police officers, supposedly with their consent, as they did not intervene to stop the violence. This amounts to torture, as defined in the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, article 1. They also subjected him to degrading treatment. Finally, they interrogated him in the police office without a lawyer, which contravenes articles 54 and 56(1) of the KUHAP.

It is also particularly worrying that Mr. Laiskodat might have beaten up Mr. Aan with the police consent because of his relation to a man who allegedly corrupted the police. The Indonesian police have recently made efforts to improve its procedures and behavior. It is thus very important to look into these corruption allegations.

Finally, according to KontraS, it is likely that the police fabricated charges against Mr. Aan in order to pressure him to testify in another case.

I, therefore, calling for your efforts to ensure that Mr. Aan is released from the Cipinang public prison as there is no proof that he had drugs, except for the police's claim. The persons who violated the law and his rights ?that is, Mr. Laiskodat and the police officers ?must be investigated and prosecuted, then fairly punished. The police officers must be prosecuted for violation of the Code of Criminal Procedure for not respecting the legal conduct of an investigation and under the Police Regulation No.8/2009 and Criminal Code for the violence against Mr. Aan. They are also allegedly responsible for Mr. Aan's torture under the Convention against Torture. Mr. Laiskodat should also be prosecuted and punished for the violence conducted against Mr. Aan. An investigation should also be conducted to find out the ins and outs of the event, notably if the police officers were bribed to let Mr. Laiskodat beat up Mr. Aan.

I hope that you will take action immediately in this case.

Yours sincerely,

----------------
PLEASE SEND YOUR LETTERS TO:

1.Mr. Irjen Pol Wahyono
Chief of the Jakarta Metropolitan Police
Kepolisian Daerah Khusus Ibu Kota Jakarta Raya
Polda Metro Jaya
Jalan Sudirman Kavling 55
Jakarta Selatan
INDONESIA
Tel:?+62 21 5234262?
Fax: +62 21 5234051

2. Mr. Adnan Pandu Praja
Chairman of the national police commission (Kompolnas)
Jl. Tirtayasa VII No. 20 Komplek PTIK Jakarta Selatan
INDONESIA
Fax: +62 21 739 2317
Tel: +62 21 739 2352

3. H. Herri Swantoro, SH.MH,
Chairperson of the South Jakarta district court
Jalan Ampera Raya
No. 133, Ragunan Jakarta Selatan, 12550
INDONESIA
Fax: +62 21 780 59 06

4. Mr. Patrialis Akbar
Minister of Justice and Human Rights
JI. H.R. Rosuna Said Kav. 6-7
Kuningan, Jakarta Selatan
INDONESIA
Fax: +62 21 525 3095

5. Dr. Ir. Kuntoro Mangkusubroto
Office of the judicial task force to eradicate mafia (Satgas)
PO Box 9949
Jakarta 10 000
INDONESIA

6. Mr. Susilo Bambang Yudhoyono
President of Republic of Indonesia
Presidential Palace,
Jl. Medan Merdeka Utara Jakarta Pusat 10010
INDONESIA
Fax: +62 21 231 4138, 345 2685, 345 7782
Tel: +62 21 384 5627, ext. 1003
Email: mallarangeng@yahoo.com

7.Mr. Beny K Harman
Chairman of Commission one of The House of Representative
(Komisi III DPR RI)
Jl. Gatot Subroto No. 6 Jakarta
INDONESIA
Fax: +62 21 5715566
Tel: +62 21 5715569

8.Mr. Ifdhal Kasim
Chief of Indonesian Commission on Human Rights (KOMNAS HAM)
Jln. Latuharhary No. 4B, Menteng,
Jakarta Pusat 10310
INDONESIA
Fax: +62 21 3925227
Tel: +62 21 3925230 ext. 225/221
Email: info@komnasham.go.id


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)?

Document Type :
Urgent Appeal Case
Document ID :
AHRC-UAC-026-2010
Countries :
Issues :
Document Actions
Share |
Subscribe to our Mailing List
Follow AHRC
Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.