INDONESIA: Further investigation needed in activist killing despite indictment of 35 persons

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAU-002-2016
ISSUES: Administration of justice, Democracy, Freedom of expression, Human rights defenders, Impunity, Legislation,

Dear Friends,

The Asian Human Rights Commission (AHRC) has received updated information that the high prosecutor (Kejaksaan Tinggi) in East Java province, Indonesia has announced 35 suspects in the brutal attack of two land rights activists. Although the ARHC appreciates this achievement, the investigation should be continued to uncover any alleged involvement of the state apparatus.

UPDATED INFORMATION:

On 26 September 2015, two human rights defenders were brutally attacked due to their effort to protect the environment and eradicate illegal mining. The thugs involved in the attack were sent by the Selok Awar-Awar village chief, Mr. Haryono. As a result of the attack, Mr. Salim died, whereas Mr. Tosan was seriously injured and hospitalized.

On 9 February 2016, the high prosecutor of East Java province named 35 people as suspects of the attack and murder of Mr. Salim and Mr. Tosan in Selok Awar-Awar Village, Lumajang Regency. The suspects consist of Selok Awar-Awar village head, Mr. Hariyono, and others who are mostly thugs.

Recently the trial process took place in Surabaya District Court, East Java province. However, the victims’ families and residents of Selok Awar-Awar expected the trial to be held in Lumajang District Court, which is much closer to their village.

The prosecutor indicted Mr. Haryono for violating the national law on money laundering (TPPU) with maximum 10 years imprisonment. Nevertheless, he will not be tried in the Anti-Corruption Court, but at the Surabaya District Court. The prosecutor also indicted Mr. Haryono for violating Article 338 of the Indonesian Penal Code on murder, with a maximum penalty of 15 years imprisonment.

Though Mr. Haryono and 34 people have become suspects, we note that there is no further investigation undertaken by the police to uncover or disprove the alleged involvement of police officers, local parliamentarians and other stake holders who benefited from the illegal sand mining in Selok Awar-Awar Village.

We also question the result of the field investigations conducted by the National Commission on Human Rights (Komnas HAM) and the Commission III of the House of Representative (DPR RI); both institutions should ensure that their conclusion and recommendations should be followed up by the relevant law enforcement agencies.

ADDITIONAL INFORMATION:

The AHRC has documented and reported the murder case of land rights activist in Selok Awar-Awar, Mr. Salim Kancil, through Urgent Appeal AHRC-UAC-130-2015. The AHRC along with its local partner in East Java province has also monitored and collected information upon the progress of the case. In the past one year, the AHRC has also documented and reported other cases of murder and attacks against human rights defenders, particularly those working on the issue of land rights, such as AHRC-HAC-004-2015 andAHRC-UAC-062-2015.

SUGGESTED ACTION:

Please write to the authorities listed below, asking them to ensure that the government, in particular the police, conducts further investigation to uncover the alleged involvement of police officers, local parliamentarians and other state officers in this case.

The AHRC is writing a separate letter to the UN Special Rapporteur on the Situation of Human Rights Defenders and the Special Rapporteur on extrajudicial, summary or arbitrary executions asking for their intervention into this case.

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

SAMPLE LETTER

Dear ……………….., INDONESIA: Further investigation needed in activist killing despite indictment of 35 persons Name of victim: Mr. Tosan and Mr. Salim Kancil Names of alleged perpetrators: • Hariyono B Bin Salim • Eko Aji Sumardianto, SPd • Rudy Hariyanto alias Rudy Bin Kamil • Muhammad Hamim Sahroni Bin Munif • Slamet Susio Bin Salam • Dodik Hartono Bin Muhammad Doli • Edor Hadi Kusuma Bin Sawi alias Edor • Widiyanto Bin Sari Netro alias Dombil • Madasir alias Abdul Holek • Harmoko alias Koko • Tinarlap Bin Lerap alias Lap • Timartin alias TImar Bin Tibon • Gito alias Satrum • Harmoko Bin Heru Drajat • Edi Santoso Bin Mutijam • Eli Sandi Purnomo Bin Said • Tejo Sampurno Bin Martino • Ngatiman alias P.Zili Bin Paito • Rudi Hartono Bin Hasan • Nurtilap alias Tilap Bin P.Yam • Muhammad Subadri als Imam Bin Padhi • Siaman Bin Mislam • Siari Bin Sianom • Slamet Bin Ardi • Edor Hadi Kusuma • Suparman Bin Martahap al Parman • Djumanan alias Jumanan Bin Tinasum • Tasrip alias Besri Bin Juwali • Satuwi Bin Simar • Tomin Bin Arjo alias Tumin • Irwan Yulianto Bin Kosim Rifa'i Al Iwan • Kusnul Rofiq • Eriza Rofiq • Abdul Aziz Sukar Al Dul Bin Sukar • Ilyas Nur Hidayah Al Kirun Bin Agus Darji 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 updated information that the high prosecutor (Kejaksaan Tinggi) in East Java province, Indonesia has announced 35 suspects in the brutal attack of two land rights activists. Although the ARHC appreciates this achievement, the investigation should be continued to uncover any alleged involvement of the state apparatus. On 26 September 2015, two human rights defenders were brutally attacked due to their effort to protect the environment and eradicate illegal mining. The thugs involved in the attack were sent by the Selok Awar-Awar village chief, Mr. Haryono. As a result of the attack, Mr. Salim died, whereas Mr. Tosan was seriously injured and hospitalized. On 9 February 2016, the high prosecutor of East Java province named 35 people as suspects of the attack and murder of Mr. Salim and Mr. Tosan in Selok Awar-Awar Village, Lumajang Regency. The suspects consist of Selok Awar-Awar village head, Mr. Hariyono, and others who are mostly thugs. Recently the trial process took place in Surabaya District Court, East Java province. However, the victims’ families and residents of Selok Awar-Awar expected the trial to be held in Lumajang District Court, which is much closer to their village. The prosecutor indicted Mr. Haryono for violating the national law on money laundering (TPPU) with maximum 10 years imprisonment. Nevertheless, he will not be tried in the Anti-Corruption Court, but at the Surabaya District Court. The prosecutor also indicted Mr. Haryono for violating Article 338 of the Indonesian Penal Code on murder, with a maximum penalty of 15 years imprisonment. Though Mr. Haryono and 34 people have become suspects, we note that there is no further investigation undertaken by the police to uncover or disprove the alleged involvement of police officers, local parliamentarians and other stake holders who benefited from the illegal sand mining in Selok Awar-Awar Village. We also question the result of the field investigations conducted by the National Commission on Human Rights (Komnas HAM) and the Commission III of the House of Representative (DPR RI); both institutions should ensure that their conclusion and recommendations should be followed up by the relevant law enforcement agencies. Therefore, I respectfully call upon the police to further investigate the alleged involvement of police officers, local parliamentarians and other state officers who benefited from the illegal sand mining. Furthermore, the government should fully support the police and National Commission on Human Rights to examine anybody involved in the case, without any exception. I also urge the government to stop all illegal sand mining and protect the local environment. The Agency for Victim and Witness Protection (LPSK) should ensure protection and remedy for victims and their families. 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. 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 5. General Badroedin Haiti Deputy National Police Chief 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 6. 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 7. 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 8. 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 9. Mr. Abdul Haris Semendawai Chairperson of the Agency for Victims and Witness Protection Lembaga Perlindungan Sakdi dan Korban (LPSK) JL. Proklamasi No 56 Jakarta Pusat 10320 Tel: +62 21 31907021 Fax: +62 21 3190606 / +62 21 31927881 10. 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 Update
Document ID : AHRC-UAU-002-2016
Countries : Indonesia,
Issues : Administration of justice, Democracy, Freedom of expression, Human rights defenders, Impunity, Legislation,