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INDONESIA: Police attack a peaceful demonstration and seriously injure six people

November 13, 2009

Urgent Appeal Case: AHRC-UAC-155-2009



13 November 2009
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INDONESIA: Police attack a peaceful demonstration and seriously injure six people

ISSUES: Freedom of expression and opinion; police violence
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Dear friends,

The Asian Human Right Commission (AHRC) continues to receive reports of violence perpetrated by police officers against peaceful demonstrators. Most recently police officers attacked a demonstration being held by members of the motorcycle taxi community (known as Ojeg) and the Bau–Bau Legal Aid Institute in Bau–Bau City, injuring six protestors. Though an internal police inquiry is being conducted, a criminal investigation is necessary.

CASE DETAILS:

On 22 October 2009 the Bau–Bau Legal Aid Institute and solidarity members of the Ojeg community in Bau–Bau City, South East Sulawesi Province, held a peaceful demonstration involving around 3000 members of the community. The demonstration was to protest against the implementation of the new Law No. 22 of 2009 regarding regulations for motorcycle riders (claiming that the new law is disadvantageous to motorcycle taxi drivers and would burden them financially). The day before the demonstration they informed the Bau–Bau district police of it in writing.

The procession started in Pelataran Kamai at 8.30am and traveled around the city before arriving at the Police District Headquarters at 9.45am, the Mayor's office at 10.20am and finally the parliament office, outside which the demonstration continued from 11. 45 to 1.30pm. 10 representatives were received there by members of parliament.

However at just past noon while the delegation was waiting, Bau–Bau police officers conducted an aggressive raid, which was triggered, according to the legal aid Institute, by an officer who claimed to have been hit by a bottle of mineral water thrown by a participant. The police officers attacked the demonstrators without warning, arrested some of them and beating and kicking others. As a result six demonstrators suffered serious injuries such as broken teeth and bruising on their chests, heads and bodies.

After the delegation finished the meeting, members of the institute brought the victims to the hospital for medical treatment. Although the internal disciplinary unit (Propam) of the district police have started inquiries regarding the police officers involved in the violence, a criminal investigation is also clearly required. Police aggression against demonstrators is a common phenomenon in Indonesia and the AHRC continues to receive cases of excessive violence being used. This was the case recently at a peaceful demonstration held by members of the Pancasila Students Group (Mapancas) In Medan, North Sumatra Province, as seen in our urgent appeal: UAC-135-2009.

ADDITIONAL COMMENTS:

It is evident that the Indonesian government is failing to guarantee and protect the right to freedom of expression and opinion in public areas. As a state party of the International Covenant on Civil and Political right (ICCPR), it is obliged to respect and implement this covenant, under which free expression is protected in article 18.

The AHRC has frequently stated that Indonesia does not consistently implement this right through national laws, in particular article 28 E in the constitution and the Indonesian Law no 39/1999 regarding Human Rights, in article 23 paragraph 2, and article 25. Indonesia also has Law No 9 of 1998 which deals with freedom of opinion in public areas, especially article 9 and article 2. In 2009 Indonesia also enacted much needed regulations for police conduct: Regulation of the Chief of Indonesian National Police Number 8 of 2009 on the Implementation of Human Rights Principles and Standards in the Discharge of Duties of The Indonesian National Police.

SUGGESTED ACTION:

Please write a letter to the following authorities calling for disciplinary and legal action against officers of the Bau–Bau Police District found to be involved, and call for compensation for medical expenses and losses suffered by the victims.

The AHRC has written to the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression calling for their intervention.

To support this appeal, please click here:

SAMPLE LETTER:

Dear _______________,

INDONESIA: Police attack a peaceful demonstration seriously injuring six people

Name of victims:
1) La Dia
2) Rendy Saputra
3) Herman
And 3 other members of the Ojeg community
Alleged Perpetrators:
Police officers of Bau–Bau City Police District

Date of the incident: 22 October 2009
Place of the incident: Bau-Bau City, South East Sulawesi

I am writing to voice my deep concern regarding violence perpetrated by police officers against peaceful demonstrators among the motorcycle taxi community (Ojeg) and the Bau–Bau Legal Aid Institute in Bau–Bau City, injuring six protestors. Though an internal police inquiry is being conducted, a criminal investigation is clearly necessary.

According to the information I have received, on 22 October 2009 the Bau–Bau Legal Aid Institute and solidarity members of the Ojeg community in Bau–Bau City, South East Sulawesi Province, held a peaceful demonstration involving around 3000 members of the community. The demonstration was to protest against the implementation of new Law No. 22 of 2009, regarding regulations for motorcycle riders and the day before the demonstration they informed the Bau–Bau district police of it in writing.

I hear that the procession started in Pelataran Kamai and traveled around the city before arriving at the Police District Headquarters, the Mayor's office and finally the parliament office, outside which the demonstration continued from 11.45 to 1.30pm, and where 10 representatives were received by members of parliament.

However at just past noon while the delegation was waiting, I hear that Bau–Bau police officers conducted an aggressive raid, which was triggered, according to the legal aid Institute, by an officer who claimed to have been hit by a bottle of mineral water thrown by a participant. The police officers attacked the demonstrators without warning, arrested some of them and began beating and kicking others. As a result six demonstrators suffered serious injuries such as broken teeth and bruising on the chest, head and body.

Although the internal disciplinary unit (Propam) of the district police have started inquiries regarding the police officers involved in the violence, a criminal investigation is also required. Police violence against demonstrators is a common phenomenon in Indonesia and cases of it are regularly documented.
It is evident that the Indonesian Government is failing to guarantee and protect the right to freedom of expression and opinion in public areas. As a state party of the International Covenant on Civil and Political right (ICCPR), the Indonesian Government has to respect and implement this covenant, in particular article 18.

I understand that Indonesia consistently fails to implement this right through national laws such the constitution of Indonesia (article 28 E) and the Indonesian Law no 39/1999 regarding Human Rights, article 23 paragraph 2, and article 25, which protect freedom of opinion in public areas. Indonesia also has various other laws regarding this right and in 2009 enacted new regulations for police conduct.

I call for these to be properly implemented, and for disciplinary and legal action to be taken against officers of the Bau–Bau Police District found to be involved. Compensation must also be arranged to cover medical expenses and losses suffered by the victims.

Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:

AKBP Jafriedi, MM
Bau–Bau Police District
Kapolres Baubau.
Jln. Kelapa, Kel. Wangkanapi,
Kota Baubau,
INDONESIA
Tel /Fax : 0402-2821019.

Brigadier General Pol Sukrawardi Dahlan
South East Sulawesi Police Regency
Polda Sultra Komp,
Bumi Praja Andonuhu
INDONESIA
Tel / fax (0401) 391555

General Bambang Hendarso Danuri
Chief of National Police Headquarter
Jl. Trunojoyo No. 3
Jakarta Selatan
INDONESIA
Tel: +62 21 721 8012
Fax: +62 21 720 7277
Email: polri@polri.go.id

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

Mr. Ifdhal Kasim
Chairman of the National Human Rights Commission (KOMNAS HAM)
Jl. Latuharhary No. 4B Menteng
Jakarta Pusat 10310
INDONESIA
Tel: +62 21 3925230
Fax: +62 21 3151042/3925227
Email: info@komnasham.go.id

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Thank you.
Urgent Appeal Programme
Asian Human Rights Commission (ua@ahrc.asia)

Document Type :
Urgent Appeal Case
Document ID :
AHRC-UAC-155-2009
Countries :
Issues :
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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.