INDONESIA: Public lawyer of Padang Legal Aid and university students brutally attacked by civil service police unit

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-028-2016
ISSUES: Impunity, Right to fair trial, Right to remedy, Rule of law,

Dear Friends,

The Asian Human Rights Commission (AHRC) has received information provided by Padang Legal Aid (LBH Padang) regarding the civil service police unit (Satpol PP)’s brutal attack on public lawyer Mr. Asrul Azis Sigalingging, and seven students of the University of Andalas, in Padang, West Sumatra, Indonesia. The police has not shown any significant progress in investigating or charging the responsible Satpol PP personnel.

CASE NARRATIVE:

On 25 March 2016, at 12:00 am, seven students who were enjoying street food at Tugu Gempa Padang were suddenly targeted by a sweeping operation and attacked by Satpol PP personnel. The Satpol PP accused them of disturbing public order, and six of the students were beaten and kicked. One student, Gianesha, was arrested after he tried to clarify that his girlfriend Berlian, who is also a student, has an identity card and they were there only for sightseeing and enjoying street food. Subsequently, Gianesha was brought to the Satpol PP office.

Shortly after receiving this information, Mr. Sigalingging came to the Satpol PP’s office and tried to negotiate with the personnel to provide legal assistance to Gianesha. Mr. Sigalingging was told by another student that Gianesha was brutally attacked during the sweeping operation, kicked and beaten. Rather than given access to Gianesha to provide legal assistance, Mr. Sigalingging was instead brutally attacked, pushed to the ground and forcibly drugged by the personnel of Satpol PP. Moreover, Mr. Sigalingging’s advocate identity card was also taken from him.

The attack by the Satpol PP on Mr. Sigalingging constitutes an insult on the advocate profession, and a violation of Law No. 18 of 2003 on Advocates, which mandates respect to advocates or lawyers who are on duty providing legal assistance or legal services.

Therefore, on March 28, Mr. Sigalingging along with a group of 37 public lawyers (TP2A), filed a complaint at the West Sumatra Regional Police Office (Polda Sumatera Barat). They demanded an investigation into the brutal attack against Mr. Sigalingging and the students, which is in violation of the Indonesian Penal Code (KUHP) Article 170.1, Article 351.1, Article 335.1and Article 55.1.

ADDITIONAL INFORMATION:

Insulting and disrespecting the public lawyer profession is a frequent occurrence in Indonesia. Previously, public lawyers of Jakarta Legal Aid were also a target of brutal attack when they advocated in a forced eviction case. The case can be read here.

SUGGESTED ACTION:

Please write to the authorities listed below, asking them to ensure that comprehensive investigation is undertaken to prosecute the Satpol PP personnel involved in the brutal attack of the legal aid lawyer and university students. The police should immediately summon the personnel or commander of Satpol PP for further investigation. Moreover the government should provide remedies to the victims.

The AHRC will write a separate letter to the UN Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment calling for their intervention into this matter.

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear ………………..,

INDONESIA: Public lawyer of Padang Legal Aid and university students brutally attacked by civil service police unit

Name of victims: Mr. Asrul Azis Sigalingging and seven university students

Names of alleged perpetrators: Personnel of civil service police unit (Satpol PP)

Date of incident: 25 March 2016

Place of incident: Office of the civil service police unit at jalan Bagindo Azis Chan Padang, West Sumatra province, Indonesia

I am writing to voice my deep concern regarding the civil service police unit (Satpol PP)’s brutal attack on public lawyer Mr. Asrul Azis Sigalingging, and seven students of the University of Andalas, in Padang, West Sumatra, Indonesia. The police has not shown any significant progress in investigating or charging the responsible Satpol PP personnel.

On 25 March 2016, at 12:00 am, seven students who were enjoying street food at Tugu Gempa Padang were suddenly targeted by a sweeping operation and attacked by Satpol PP personnel. The Satpol PP accused them of disturbing public order, and six of the students were beaten and kicked. One student, Gianesha, was arrested after he tried to clarify that his girlfriend Berlian, who is also a student, has an identity card and they were there only for sightseeing and enjoying street food. Subsequently, Gianesha was brought to the Satpol PP office.

Shortly after receiving this information, Mr. Sigalingging came to the Satpol PP’s office and tried to negotiate with the personnel to provide legal assistance to Gianesha. Mr. Sigalingging was told by another student that Gianesha was brutally attacked during the sweeping operation, kicked and beaten. Rather than given access to Gianesha to provide legal assistance, Mr. Sigalingging was instead brutally attacked, pushed to the ground and forcibly drugged by the personnel of Satpol PP. Moreover, Mr. Sigalingging’s advocate identity card was also taken from him.

The attack by the Satpol PP on Mr. Sigalingging constitutes an insult on the advocate profession, and a violation of Law No. 18 of 2003 on Advocates, which mandates respect to advocates or lawyers who are on duty providing legal assistance or legal services.

Therefore, on March 28, Mr. Sigalingging along with a group of 37 public lawyers (TP2A), filed a complaint at the West Sumatra Regional Police Office (Polda Sumatera Barat). They demanded an investigation into the brutal attack against Mr. Sigalingging and the students, which is in violation of the Indonesian Penal Code (KUHP) Article 170.1, Article 351.1, Article 335.1and Article 55.1.

Therefore, I respectfully request you to ensure that comprehensive investigation is undertaken to prosecute the Satpol PP personnel involved in the brutal attack. The police should immediately summon the personnel or commander of Satpol PP for further investigation. Finally, the government should provide remedies to the victims.

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 Badroedin Haiti 
    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. Mr. Luhut Binsar Panjaitan 
Chairperson 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.idskm@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 (Gedung Pengadilan TIPIKOR) Jakarta Selatan
INDONESIA
Tel: +62 21 52960894/95
Fax: +62 21-52960904/05

7. Dr. HM. Azis Syamsuddin, SH
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
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 Sakdi dan Korban (LPSK) 
JL. Proklamasi No 56 Jakarta Pusat 10320
Tel: +62 21 31907021
Fax: +62 21 3190606 / +62 21 31927881

9. M. Imdadun Rahmat 
Chairperson National Human Rights Commission
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 Programme 
Asian Human Rights Commission (ua@ahrc.asia)

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-028-2016
Countries : Indonesia,
Issues : Impunity, Right to fair trial, Right to remedy, Rule of law,