INDONESIA: Land rights activists attacked and killed for protesting illegal sand mining

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-130-2015
ISSUES: Extrajudicial killings, Impunity, Land rights, Right to fair trial, Torture,

Dear Friends,

The Asian Human Rights Commission (AHRC) has received information regarding the killing of environmental activist, Mr. Salim (known as Salim Kancil) and the attack on Mr. Tosan in Selok Awar-Awar Village, Lumajang Regency, East Java Province, Indonesia. The two activists were attacked by thugs who were ordered and supported by the Head of Selok Awar-Awar Village, Mr. Hariyono, and the police officers of Pasiran police sector (Polsek Pasiran). The attack occurred due to the activists having organized a protest against illegal sand mining. Moreover, according to some witnesses, the illegal mining is also supported by local parliament members of Lumajang.

CASE NARRATIVE:

On Saturday, 26 September 2015, villagers of Selok Awar Awar were shocked to learn of the attack on two local environmental activists, Mr. Salim and Mr. Tosan, who are also local peasants. The attack resulted in the death of Salim. The case began when around 40 people (known thugs) with motorcycles came to Tosan’s house at 7:30 a.m. carrying wood, hoes, sickles, and stones. Without any conversation, the people immediately attacked and tried to drag Tosan from his house. Tosan tried to escape using his bike.

Tosan was hit by a motorcycle in the field not far from his house. They stopped attacking Tosan after a villager, Ridwan, tried to stop them. Subsequently the thugs headed to Salim’s house, and when they arrived, Salim was holding his five-year-old grandson. The thugs tied up Salim and dragged him for two kilometers, finally taking him to the hall of Selok Awar-Awar Village.

On the way to the hall the thugs continued to torture Salim. When they arrived at the hall, though many children, students of Early Childhood Education (PAUD) gathered around and witnessed the torture, they continued to beat Salim with various tools, such as sticks, stones, and bamboo.

They then brought Salim to the graveyard and stoned him to death.

ADDITIONAL INFORMATION:

Legal and illegal mining has become a serious concern over the past five years in Indonesia. Such exploitation of natural resources has contributed to a number of human rights violations in Indonesia, such as murder, torture, attacks, illegal detention, land grabbing and forced eviction.

The most serious problem in the mining sector is the law enforcement itself, because in many cases police tend to ignore rights violations and environmental and material damage caused by the exploitation of natural resources.

Though the Constitutional Court (MK) has issued a verdict No 35 / PUU-X / 2012 that protects customary land, the violation of land rights continues in Indonesia. Furthermore, in some cases security forces are also involved in supporting the mining company, perhaps due to receiving compensation from the company, such as in the case of the Freeport company in Papua Province and other areas in Indonesia.

SUGGESTED ACTION:

Please write to the authorities listed below, asking them to ensure that an immediate investigation into the attack on the activists is carried out and the perpetrators are prosecuted. Moreover, the Chief of National Police should ensure that an investigation into the alleged involvement of police officers and government officials as well as local parliament members is initiated. The National Commission on Human Rights (Komnas HAM), as well as Indonesian Parliament, in particular Commission III, should monitor and evaluate whether the investigation is conducted in accordance with standards of fair trial.

The AHRC is writing a separate letter to the UN Special Rapporteur on the Situation of Human Rights Defenders, Working Group on the issue of human rights and transnational corporations and other business enterprises, and Independent Expert on human rights and the environment asking for their intervention into this case.

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

SAMPLE LETTER

Dear ………………..,

INDONESIA: Land rights activists attacked and killed for protesting illegal sand mining

Name of victim: 
• Mr. Salim (known as Salim Kancil), tortured to death 
• Mr. Tosan, tortured and hospitalized

Alleged perpetrators: Thirty-eight people are the suspects

Date of incident: 26 September 2015

Place of incident: Selok Awar-Awar Village, Lumajang Regency, East Java Province, Indonesia

I am writing to voice my deep concern regarding the killing of environmental activist, Mr. Salim (known as Salim Kancil) and the attack on Mr. Tosan in Selok Awar-Awar Village, Lumajang Regency, East Java Province, Indonesia. The two activists were attacked by thugs who were ordered and supported by the Head of Selok Awar-Awar Village, Mr. Hariyono, and the police officers of Pasiran police sector (Polsek Pasiran). The attack occurred due to the activists having organized a protest against illegal sand mining. Moreover, according to some witnesses, the illegal mining is also supported by local parliament members of Lumajang.

On Saturday, 26 September 2015, villagers of Selok Awar Awar were shocked to learn of the attack on two local environmental activists, Mr. Salim and Mr. Tosan, who are also local peasants. The attack resulted in the death of Salim. The case began when around 40 people (known thugs) with motorcycles came to Tosan’s house at 7:30 a.m. carrying wood, hoes, sickles, and stones. Without any conversation, the people immediately attacked and tried to drag Tosan from his house. Tosan tried to escape using his bike.

Tosan was hit by a motorcycle in the field not far from his house. They stopped attacking Tosan after a villager, Ridwan, tried to stop them. Subsequently the thugs headed to Salim’s house, and when they arrived, Salim was holding his five-year-old grandson. The thugs tied up Salim and dragged him for two kilometers, finally taking him to the hall of Selok Awar-Awar Village.

On the way to the hall the thugs continued to torture Salim. When they arrived at the hall, though many children, students of Early Childhood Education (PAUD) gathered around and witnessed the torture, they continued to beat Salim with various tools, such as sticks, stones, and bamboo.

They then brought Salim to the graveyard and stoned him to death.

Therefore, I respectfully call upon the police to ensure that an immediate investigation into the attack on the activists is carried out and the perpetrators are prosecuted. Moreover, the Chief of National Police should ensure that an investigation into the alleged involvement of police officers and government officials as well as local parliament members is initiated. The National Commission on Human Rights (Komnas HAM) as well as the Indonesian Parliament, in particular Commission III, should monitor and evaluate whether the investigation is conducted in accordance with standards of fair trial.

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. Police Inspector General Anas Yusuf
The Chief Police of East Java Province Police Area 
Kapolda Jawa Timur 
Jalan Ahmad Yani 116 Kota Surabaya, Jawa Timur 
INDONESIA 
Fax : +62 31 8290058 / + 62 31 829 0333

6. 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.id, skm@kompolnas.go.id

7. Mr. Danang Girindrawardana 
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

8. Mr. Nur Kholis 
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-130-2015
Countries : Indonesia,
Issues : Extrajudicial killings, Impunity, Land rights, Right to fair trial, Torture,