INDONESIA: Police officers in South Aceh involved in fabrication of charges and extortion

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-191-2017
ISSUES: Administration of justice, Fabrication of charges, Impunity, Right to fair trial, Rule of law,

Dear Friends,

The Asian Human Rights Commission (AHRC) has received information about a fabricated case lodged by police officers of the South Aceh Police Office and Sawang Police Office in South Aceh regency, Aceh province. Without proper investigation and a lack of evidence, the police accused Mr. Abas Rizal bin Agusmar alias Sibay of illegally placing a trap in the protected forest area in South Aceh regency. Due to a lack of evidence, the police criminally charged Sibay with illegal logging. In addition, the police sold the car of Sibay’s boss Mr. Mustafa, in order to pay bribes to high ranking police officers to supposedly discontinue investigation of the case.

CASE NARRATIVE:

On 24 July 2017, at approximately 10:30 a.m., the South Aceh forestry police officers walked down from a mountain in Panton Luas village, Sawang sub-district, South Aceh regency, and gave a goat trap to the Panton Luas village secretary. The police asked about the owner of the trap, to which the secretary replied, Mr. Abas Rizal Bin Agusmar (alias Sibay), who is an employee of Mr. Mustafa, and lives in Mustafa’s sibling’s house in the village.

On July 26 the police arrested Sibay. While under arrest, Sibay was kicked and beaten by Mr. Syarif, a village tribal council member (Lembaga Gampong dan Adat). Subsequently, Sibay was brought to the South Aceh Police Office (Polres Aceh Selatan), and the police accused him of putting the goat trap in Panton Luas village, around Mustafa’s nutmeg plantation.

After interrogating him, the police did not have enough evidence to charge Sibay, and therefore tried to find something else to strengthen the criminal charges against him. Finally, the police charged him with committing illegal logging in the protected forest near Mustafa’s plantation.

On July 27, at 10:00 a.m., Mustafa was ordered to see Brigadier Wira Afdalnil, Head Unit of Crime and Intelligence (Kanit reskrim) of Sawang Police Sector (Polsek Sawang). When Mustafa arrived, Wira requested Mustafa to pay IDR 50,000,000 (Fifty Million Rupiah) as penalty for the goat trap that was made and put in the forest by Sibay. When Mustafa informed the police that he does not have money, the police asked him to hand over his vehicle ownership documents (BPKB) of Toyota Avanza, with police number BL 780 TB.

When Mustafa’s wife asked why the police wanted money from her husband, the police told her that the money will be used to bribe Police First Inspector (Iptu) Adrianus, Head Unit of criminal and intelligence (Kasat Reskrim) of South Aceh police office.

While the car was brought to a leasing office in Blang Gelinggang, Sawang sub district, in Panton Luas village, police officers of the South Aceh Police Office and three forestry police officers illegally searched Mustafa’s house. The police found a goat trap and then brought Mustafa to the South Aceh Police Office for further examination, as a witness in a criminal case, the crime allegedly committed by his employee. While the examination was ongoing between 3-5 p.m., the police sold Mustafa’s car without any notification, to Mr. Ali Amin Setia, a local entrepreneur, for IDR 120,000,000 (One hundred and twenty million rupiah). This money was taken by Brigadier Wira Afdalnil.

According to the information received by the AHRC, the police officers who committed illegal search in Mustafa’s house are the Head Unit of crime and intelligence (Kanit Reskrim) South Aceh Police Office, Police First Inspector (Iptu) Adrianus, a police investigator of crime and intelligence unit of South Aceh Police Office, M Jamil, a police officer of crime and intelligence unit of South Aceh Police Office, Abdul Azis, a police officer of South Aceh Police Office, Brigadier Wira Afdalnil, Head Unit of crime and intelligence (Kanit Reskrim) Sawang Police Office, and Brigadier Police (Bripka) Syahruman, Head Unit of Intelligence (Kanit Intel) Sawang Police Office.

SUGGESTED ACTION:

Please write to the authorities listed below, asking them to ensure that the fabricated case and extortion committed by police officers of South Aceh Police Office and Sawang Police Office must be investigated and prosecuted before the court. The police investigators of Sawang Police Office and South Aceh Police Office should drop the false charges against Sibay and Mustafa. Furthermore, the police should ensure transparent, credible and accessible law enforcement upon this case and allow the National Commission on Human Rights and National Police Commission to monitor the case.

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

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

SAMPLE LETTER

Dear ………………..,

INDONESIA: Police officers in South Aceh involved in fabrication of charges and extortion

Names of victims : Mr. Abas Rizal alias Sibay and Mr. Mustafa 
Names of alleged perpetrators : Police officers of South Aceh Police Office (Polres Aceh Selatan), Sawang Police Office (Polsek Sawang) and also Forestry Police Officers 

Date of incident : Between 24 to 27 July 2017
Place of incident : South Aceh Regency, Aceh Province

I am writing to voice my deep concern regarding a fabricated case lodged by police officers of the South Aceh Police Office and Sawang Police Office in South Aceh regency, Aceh province. Without proper investigation and a lack of evidence, the police accused Mr. Abas Rizal bin Agusmar alias Sibay of illegally placing a trap in the protected forest area in South Aceh regency. Due to a lack of evidence, the police criminally charged Sibay with illegal logging. In addition, the police sold the car of Sibay’s boss Mr. Mustafa, in order to pay bribes to high ranking police officers to supposedly discontinue investigation of the case.

On 24 July 2017, at approximately 10:30 a.m., the South Aceh forestry police officers walked down from a mountain in Panton Luas village, Sawang sub-district, South Aceh regency, and gave a goat trap to the Panton Luas village secretary. The police asked about the owner of the trap, to which the secretary replied, Mr. Abas Rizal Bin Agusmar (alias Sibay), who is an employee of Mr. Mustafa, and lives in Mustafa’s sibling’s house in the village.

On July 26 the police arrested Sibay. While under arrest, Sibay was kicked and beaten by Mr. Syarif, a village tribal council member (Lembaga Gampong dan Adat). Subsequently, Sibay was brought to the South Aceh Police Office (Polres Aceh Selatan), and the police accused him of putting the goat trap in Panton Luas village, around Mustafa’s nutmeg plantation.

After interrogating him, the police did not have enough evidence to charge Sibay, and therefore tried to find something else to strengthen the criminal charges against him. Finally, the police charged him with committing illegal logging in the protected forest near Mustafa’s plantation.

On July 27, at 10:00 a.m., Mustafa was ordered to see Brigadier Wira Afdalnil, Head Unit of Crime and Intelligence (Kanit reskrim) of Sawang Police Sector (Polsek Sawang). When Mustafa arrived, Wira requested Mustafa to pay IDR 50,000,000 (Fifty Million Rupiah) as penalty for the goat trap that was made and put in the forest by Sibay. When Mustafa informed the police that he does not have money, the police asked him to hand over his vehicle ownership documents (BPKB) of Toyota Avanza, with police number BL 780 TB.

When Mustafa’s wife asked why the police wanted money from her husband, the police told her that the money will be used to bribe Police First Inspector (Iptu) Adrianus, Head Unit of criminal and intelligence (Kasat Reskrim) of South Aceh police office.

While the car was brought to a leasing office in Blang Gelinggang, Sawang sub district, in Panton Luas village, police officers of the South Aceh Police Office and three forestry police officers illegally searched Mustafa’s house. The police found a goat trap and then brought Mustafa to the South Aceh Police Office for further examination, as a witness in a criminal case, the crime allegedly committed by his employee. While the examination was ongoing between 3-5 p.m., the police sold Mustafa’s car without any notification, to Mr. Ali Amin Setia, a local entrepreneur, for IDR 120,000,000 (One hundred and twenty million rupiah). This money was taken by Brigadier Wira Afdalnil.

According to the information received by the AHRC, the police officers who committed illegal search in Mustafa’s house are the Head Unit of crime and intelligence (Kanit Reskrim) South Aceh Police Office, Police First Inspector (Iptu) Adrianus, a police investigator of crime and intelligence unit of South Aceh Police Office, M Jamil, a police officer of crime and intelligence unit of South Aceh Police Office, Abdul Azis, a police officer of South Aceh Police Office, Brigadier Wira Afdalnil, Head Unit of crime and intelligence (Kanit Reskrim) Sawang Police Office, and Brigadier Police (Bripka) Syahruman, Head Unit of Intelligence (Kanit Intel) Sawang Police Office.

Therefore, I respectfully request you to ensure that the fabricated case and extortion committed by police officers of South Aceh Police Office and Sawang Police Office must be investigated and prosecuted before the court. The police investigators of Sawang Police Office and South Aceh Police Office should drop the false charges against Sibay and Mustafa. Furthermore, the police should ensure transparent, credible and accessible law enforcement upon this case and allow the National Commission on Human Rights and National Police Commission to monitor the case.

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. H. Bambang Soesatyo, S.E., M.B.A
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

7. Mr. Abdul Haris Semendawai
Chairperson of the Agency for Victims and Witness Protection 
Lembaga Perlindungan Saksi dan Korban (LPSK) 
Jalan Raya Bogor KM. 24 No. 47-49, Susukan, Ciracas, RT.6/RW.1, Susukan, Ciracas, Kota Jakarta Timur, Daerah Khusus Ibukota Jakarta 13750
Tel: +62 21 29681560
Fax: +62 21 29681551 / +62 21 29681557

8. Mr. Nur Kholis 
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-191-2017
Countries : Indonesia,
Issues : Administration of justice, Fabrication of charges, Impunity, Right to fair trial, Rule of law,