INDONESIA: Criminal suspect in custody tortured to death after a forced confession

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-080-2016
ISSUES: Administration of justice, Right to fair trial, Torture,

Dear Friends,

The Asian Human Rights Commission (AHRC) has received information regarding the torture death and fabricated case against Mr. Juprianto. These things were committed by the police officers of Luwu police station (Polres Luwu), in Luwu regency, South Sulawesi province. Police tortured Juprianto to death to get a confession that he had stolen a motorcycle reported to the police of the South Sulawesi regional police (Polda Sulsel). No investigation has been conducted with the Polda Sulsel sending back the report to the Luwu police.

CASE NARRATIVE:

On 30 March 2016, at 7.00 pm, Mr. Juprianto, who allegedly stole a motorcycle, surrendered to the Luwu police (Polres Luwu). He was accompanied by Mr. Herianto, a cousin of Juprianto’s wife. Juprianto was in good physical condition when he gave himself up.

After three days in police custody, on April 1, Juprianto’s wife visited her husband and found him with injuries to his body. On April 3, at 09.00 am, she visited again. She saw that Juprianto was in a critical condition with new injuries.

Juprianto told his wife that he was tortured by Luwu police officers. He was tortured during the field examination in Padang Sappa police sector (Polsek Padang Sappa) and during the examination in the Luwu police station.

Juprianto’s told his wife that he sustained various injuries listed here: front of the left and right knees due to beating by police officers using a black stick; front of the left and right shins down to the feet after being kicked; front of the shinbone of the foot up to the ankle; entire left and right leg due to being kicked by police officers shoes; beating by a blunt object; trauma to his back due to trampling by police officers.

Juprianto was pummeled in the head, neck and chest areas, specifically, the forehead and the back of the head. Juprianto’s wife was informed that her husband had never been given any food during the police examination for the two days between 31 March and April 1.

Juprianto told his wife that he was tortured by Luwu police officers when he was examined in the evening. The torture continued when he was brought to padang Sappa / Ponrang police sector. Although the chief of the criminal investigation agency knew his subordinate committed torture, he did not do anything to stop it.

On 4 April 2016, at 10.00 am, Juprianto’s wife was notified that her husband had passed away. His body was in the Batara Luwu hospital, South Sulawesi.

On the same day, Juprianto’s wife and family requested the Bathara Luwu hospital to do an autopsy on Juprianto’s body. Without notice, the police took the dead body and brought it to the Bhayangkara hospital (the police’s hospital) under an excessive police guard. The autopsy was conducted on April 6.

On April 5, Juprianto’s brother, Mr. Sugito, reported the case to the South Sulawesi regional police (higher police institution) concerning the torture death committed by the Luwu police. The report was registered with report number LPB/179/IV/2016/SPKT

Sugito also reported the case to the Security and Provost (Propam), internal police accountability, of South Sulawesi regional police with the registration number STPL/41/IV/2016/SUBBAG YANDUAN;

After the autopsy was completed, officers of the Luwu police intimidated Juprianto’s family to withdraw the report submitted to the South Sulawesi regional police. To avoid any further investigation, Luwu police officers gave IDR 10.000.000 (ten million rupiah) to Juprianto’s wife and IDR 9.800.000,- (nine million eight hundred thousand rupiah) to Juprianto’s family (brother and parents).

Under serious threat, the wife and family received the money, but are keeping it as evidence that the police bribed them in order to avoid legal accountability before the law.

ADDITIONAL INFORMATION:

Police officers torture to death a suspect in police custody. This is a frequent occurrence in Indonesia. Previously, the AHRC documented and reported a criminal suspect tortured to death during a police examination. The case can be read at AHRC-UAC-076-2016, another example can be read at AHRC-UAC-022-2016.

Torture remains endemic in Indonesia. It occurs due to the lack of a legal system and due process of law. As a result, many cases of torture remain unpunished with a few receiving only light punishments.

SUGGESTED ACTION:

Please write to the authorities listed below, asking them to ensure that a comprehensive investigation is undertaken to prosecute the police officers involved in the torture to death of Mr. Juprianto. The government has the duty of care to ensure that the family of the victim receives appropriate compensation in a timely manner. The investigation must be conducted under the fair trial standard and due process of law.

The AHRC will write a separate letter to the UN Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions and the 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 : Criminal suspect in custody tortured to death after a forced confession

Name of victims : Mr. Juprianto
Names of alleged perpetrators : Police officers of Luwu police station (Polres Luwu) 
Date of incident : Between 30 March 2016 and 4 April 2016
Place of incident : Luwu police station (Polres Luwu)

I am writing to voice my deep concern regarding the torture death and fabricated case against Mr. Juprianto. These things were committed by the police officers of Luwu police station (Polres Luwu), in Luwu regency, South Sulawesi province. Police tortured Juprianto to death to get a confession that he had stolen a motorcycle reported to the police of the South Sulawesi regional police (Polda Sulsel). No investigation has been conducted with the Polda Sulsel sending back the report to the Luwu police. 
On 30 March 2016, at 7.00 pm, Mr. Juprianto, who allegedly stole a motorcycle, surrendered to the Luwu police (Polres Luwu). He was accompanied by Mr. Herianto, a cousin of Juprianto’s wife. Juprianto was in good physical condition when he gave himself up.

After three days in police custody, on April 1, Juprianto’s wife visited her husband and found him with injuries to his body. On April 3, at 09.00 am, she visited again. She saw that Juprianto was in a critical condition with new injuries.

Juprianto told his wife that he was tortured by Luwu police officers. He was tortured during the field examination in Padang Sappa police sector (Polsek Padang Sappa) and during the examination in the Luwu police station.

Juprianto’s told his wife that he sustained various injuries listed here:
front of the left and right knees due to beating by police officers using a black stick; front of the left and right shins down to the feet after being kicked; front of the shinbone of the foot up to the ankle; entire left and right leg due to being kicked by police officers shoes; beating by a blunt object; trauma to his back due to trampling by police officers.

Juprianto was pummeled in the head, neck and chest areas, specifically, the forehead and the back of the head. Juprianto’s wife was informed that her husband had never been given any food during the police examination for the two days between 31 March and April 1.

Juprianto told his wife that he was tortured by Luwu police officers when he was examined in the evening. The torture continued when he was brought to padang Sappa / Ponrang police sector. Although the chief of the criminal investigation agency knew his subordinate committed torture, he did not do anything to stop it.

On 4 April 2016, at 10.00 am, Juprianto’s wife was notified that her husband had passed away. His body was in the Batara Luwu hospital, South Sulawesi.

On the same day, Juprianto’s wife and family requested the Bathara Luwu hospital to do an autopsy on Juprianto’s body. Without notice, the police took the dead body and brought it to the Bhayangkara hospital (the police’s hospital) under an excessive police guard. The autopsy was conducted on April 6.

On April 5, Juprianto’s brother, Mr. Sugito, reported the case to the South Sulawesi regional police (higher police institution) concerning the torture death committed by the Luwu police. The report was registered with report number LPB/179/IV/2016/SPKT

Sugito also reported the case to the Security and Provost (Propam), internal police accountability, of South Sulawesi regional police with the registration number STPL/41/IV/2016/SUBBAG YANDUAN;

After the autopsy was completed, officers of the Luwu police intimidated Juprianto’s family to withdraw the report submitted to the South Sulawesi regional police. To avoid any further investigation, Luwu police officers gave IDR 10.000.000 (ten million rupiah) to Juprianto’s wife and IDR 9.800.000,- (nine million eight hundred thousand rupiah) to Juprianto’s family (brother and parents).

Under serious threat, the wife and family received the money, but are keeping it as evidence that the police bribed them in order to avoid legal accountability before the law.

Therefore, I respectfully request you to ensure that a comprehensive investigation is undertaken to prosecute police officers involved in the torture to death of Mr. Juprianto. The government must ensure that the family of the victim receives adequate and timely compensation and the investigation be conducted in line with the fair trial standard and due process of law

I look forward to your prompt action in this matter.

Yours Sincerely,

……………….

PLEASE SEND YOUR LETTERS TO:

1. Mr. JokoWidodo
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 KebayoranBaru, 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
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. AzisSyamsuddin, 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 HarisSemendawai
Chair person 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-080-2016
Countries : Indonesia,
Issues : Administration of justice, Right to fair trial, Torture,