INDONESIA: Prisoner in Padang victim of torture and extortion by other prisoners and prison guards

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-034-2017
ISSUES: Administration of justice,

Dear Friends,

The Asian Human Rights Commission (AHRC) has received information from Padang Legal Aid (LBH Padang) regarding the torture and ill-treatment of Mr. Muhammad Ridwan, alias Deded. Ridwan was tortured and experienced extortion at the hands of prison guards and other prison inmates. Despite the matter being reported to the West Sumatera regional police office (Polda Sumatera Barat), up until present no progress has been made by the police. On the contrary, Ridwan’s wife and family have faced threat and intimidation for reporting the case and seeking legal assistance from LBH Padang.

CASE NARRATIVE:

Mr. Muhammad Ridwan, alias Deded, is a prisoner convicted for embezzlement under the Indonesian Penal Code (KUHP) and sentenced to one year and 10 months imprisonment in Padang prison Class IIA. In the prison, Ridwan was frequently beaten and experienced inhuman treatment committed by prison officers and other prisoners, for not paying IDR 700,000 (seven hundred thousand rupiah) to Mr. Koko (one of the prison inmates). Koko is known as a bookie who often lends money to fellow inmates in the prison. Koko used to hire prison officers to force prisoners who borrowed money to pay their debt.

On 19 December 2016, when Ridwan`s wife visited him in prison, she saw bruises on his neck, shoulders, head, wrist and leg. However, at the time Ridwan did not want to tell his wife about the bruises he had suffered. His wife also did not report the matter to the prison officers due to fear.

Ridwan’s wife later learned that on 24, 25 and 26 December 2016, her husband was again beaten by prison officers along with seven other prison inmates. Ridwan was beaten with hands and wooden beams, and he was also given electric shocks on his right and left shoulders, until he suffered burn injuries. He was also forced to drink urine belonging to other prisoners as a form of punishment for failing to pay his debt.

On December 28, Ridwan`s wife reported the case to Polda Sumatera Barat, registered as No LP/403/XII/2016/SPKT Sbr.

After reporting the abuse to the police, Ridwan`s family was assisted by LBH Padang to request Ridwan’s relocation to a secure prison. He was then relocated to the detention Class B in Padang, West Sumatera.

Despite his relocation, in the new prison Ridwan still experienced similar problems, and when his wife visited the prison, she learnt that Ridwan was intimidated by the chief of prison guard, who told him to reject assistance from Padang Legal Aid and also to withdraw the police report.

On 21 January 2017, Ridwan`s wife was forced by prison guards to sign a peace agreement and to withdraw the report in Padang police and to refuse assistance from the Padang Legal Aid. The letter was prepared by M. Sitorus, superior officer of the prison guards. Although Ridwan’s wife signed the agreement due to pressure, she refused to submit it to the police.

On February 1, when Ridwan’s wife and family visited him in Class II B of Padang prison, and when they met with Ridwan, he told his wife that there is blood on his sarong, without revealing the cause of blood. Prison guard Mak Itam said Ridwan had fought with other prison inmates. He was beaten on his face using a wooden beam, and suffered bleeding in the nose. In addition, Ridwan was persecuted by many prisoners, who bought cigarettes and food in the canteen on his behalf, leaving a debt of IDR 600,000 (six hundred thousand rupiah), without informing him.

On February 19, one of Ridwan’s relatives received a call from an unknown person, reporting that Ridwan had been stripped naked and beaten by some inmates. Besides being beaten and stripped, Ridwan was also locked up in a dark room on the 3rd floor of the prison. The incident is related to the debt of IDR 600,000 racked up by prisoners. On February 25, Ridwan`s family was informed that Ridwan had been transferred to Payakumbuh Prison. The transfer was made without any notice to the family.

SUGGESTED ACTION:

Please write to the authorities listed below, asking them to ensure that the police should comprehensively investigate the case and apply fair trial principles, as well as taking into account the gravity of torture. The police should open access to the National Police Commission (Kompolnas), National Commission on Human Rights (Komnas HAM) as well as Ombudsman. Further, the Minister of Law and Human Rights, in charge of prisons, should cooperate with the law enforcement agency and evaluate the performance of prison guards.

The government should also ensure that the victim and his family is provided remedies without undue delay.

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 his intervention into this matter.

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

SAMPLE LETTER

Dear ………………..,

INDONESIA : Prisoner in Padang victim of torture and extortion by other prisoners and prison guards

Name of victims : Muhammad Ridwan alias Deded

Names of alleged perpetrators : Prison guards at Padang Prison Class II A
Date of incident : December 2016 – March 2017 
Place of incident : Padang, West Sumatera, Indonesia

I am writing to voice my deep concern regarding the torture and ill-treatment of Mr. Muhammad Ridwan, alias Deded. Ridwan was tortured and experienced extortion at the hands of prison guards and other prison inmates. Despite the matter being reported to the West Sumatera regional police office (Polda Sumatera Barat), up until present no progress has been made by the police. On the contrary, Ridwan’s wife and family have faced threat and intimidation for reporting the case and seeking legal assistance from LBH Padang. 

Mr. Muhammad Ridwan, alias Deded, is a prisoner convicted for embezzlement under the Indonesian Penal Code (KUHP) and sentenced to one year and 10 months imprisonment in Padang prison Class IIA. In the prison, Ridwan was frequently beaten and experienced inhuman treatment committed by prison officers and other prisoners, for not paying IDR 700,000 (seven hundred thousand rupiah) to Mr. Koko (one of the prison inmates). Koko is known as a bookie who often lends money to fellow inmates in the prison. Koko used to hire prison officers to force prisoners who borrowed money to pay their debt.

On 19 December 2016, when Ridwan`s wife visited him in prison, she saw bruises on his neck, shoulders, head, wrist and leg. However, at the time Ridwan did not want to tell his wife about the bruises he had suffered. His wife also did not report the matter to the prison officers due to fear.

Ridwan’s wife later learned that on 24, 25 and 26 December 2016, her husband was again beaten by prison officers along with seven other prison inmates. Ridwan was beaten with hands and wooden beams, and he was also given electric shocks on his right and left shoulders, until he suffered burn injuries. He was also forced to drink urine belonging to other prisoners as a form of punishment for failing to pay his debt.

On December 28, Ridwan`s wife reported the case to Polda Sumatera Barat, registered as No LP/403/XII/2016/SPKT Sbr.

After reporting the abuse to the police, Ridwan`s family was assisted by LBH Padang to request Ridwan’s relocation to a secure prison. He was then relocated to the detention Class B in Padang, West Sumatera.

Despite his relocation, in the new prison Ridwan still experienced similar problems, and when his wife visited the prison, she learnt that Ridwan was intimidated by the chief of prison guard, who told him to reject assistance from Padang Legal Aid and also to withdraw the police report.

On 21 January 2017, Ridwan`s wife was forced by prison guards to sign a peace agreement and to withdraw the report in Padang police and to refuse assistance from the Padang Legal Aid. The letter was prepared by M. Sitorus, superior officer of the prison guards. Although Ridwan’s wife signed the agreement due to pressure, she refused to submit it to the police.

On February 1, when Ridwan’s wife and family visited him in Class II B of Padang prison, and when they met with Ridwan, he told his wife that there is blood on his sarong, without revealing the cause of blood. Prison guard Mak Itam said Ridwan had fought with other prison inmates. He was beaten on his face using a wooden beam, and suffered bleeding in the nose. In addition, Ridwan was persecuted by many prisoners, who bought cigarettes and food in the canteen on his behalf, leaving a debt of IDR 600,000 (six hundred thousand rupiah), without informing him.

On February 19, one of Ridwan’s relatives received a call from an unknown person, reporting that Ridwan had been stripped naked and beaten by some inmates. Besides being beaten and stripped, Ridwan was also locked up in a dark room on the 3rd floor of the prison. The incident is related to the debt of IDR 600,000 racked up by prisoners. On February 25, Ridwan`s family was informed that Ridwan had been transferred to Payakumbuh Prison. The transfer was made without any notice to the family.

Therefore, I respectfully urge you to ensure that the police comprehensively investigate the case and apply fair trial principles, as well as taking into account the gravity of torture. The police should open access to the National Police Commission (Kompolnas), National Commission on Human Rights (Komnas HAM) as well as Ombudsman. Further, the Minister of Law and Human Rights, in charge of prisons, should cooperate with the law enforcement agency and evaluate the performance of prison guards.

The government should also ensure that the victim and his family is provided remedies without undue delay.

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. Dr. HM. Azis Syamsuddin, SH
Chairperson of the Commission III of The House of Representative 
KetuaKomisi 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) 
JL. Proklamasi No 56 Jakarta Pusat 10320
Tel: +62 21 31907021
Fax: +62 21 3190606 / +62 21 31927881

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

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-034-2017
Countries : Indonesia,
Issues : Administration of justice,