Dear Friends,
The Asian Human Rights Commission (AHRC) has received updated information regarding a pretrial judgment cancelling the suspect status of three detainees for motorcycle theft. Assisted by Jakarta Legal Aid (LBH Jakarta), the three detainees sued the Jakarta Metropolitan Police about the illegality of the investigation process and their suspect status. However, despite the South Jakarta District Court granting the pretrial petition and cancelling their suspect status, the criminal trial against the detainees has not been stopped by the Bekasi District Court in West Java, where the alleged crime took place.
UPDATED INFORMATION:
The three detainees, Herianto, Aris and Bihin, were assisted by Jakarta Legal Aid to submit a pretrial petition to challenge their suspect status as issued by the Jakarta Metropolitan Police office. The main reason for the petition is that the three detainees were tortured and forced to confess to crimes they did not commit. Furthermore, the arrest and search of the plaintiffs’ houses conducted by the police investigator are also illegal, with no official letter from the Bekasi District Court as required by the Indonesian Criminal Procedure Code (KUHAP).
During the pretrial process, the public lawyer presented three witnesses who saw the three detainees in police custody with serious wounds on their bodies. Finally, on Thursday, 13 June 2017, the pretrial judges of the South Jakarta District Court granted the pretrial petition number 56/Pid.Prap/2017/PN.JKT.SEL. In particular, the judges granted that the allegation of suspects to the plaintiffs is invalid, unlawful and unenforceable, and that the search and seizure conducted upon plaintiffs’ houses is illegitimate. The judges refused to grant compensation to the victims however.
Despite the pretrial judgment issued by the South Jakarta District court, the Bekasi District Court, trying the criminal case of the three detainees (the alleged motorcycle theft, occurring in Bekasi, West Java), has yet to stop the trial process. Therefore, the public lawyer will submit an exception petition and request the judges of the Bekasi District Court to consider the pretrial judgment that annulled the suspect status of the three detainees.
ADDITIONAL INFORMATION:
The police investigators have seriously violated the Indonesian Criminal Procedure Code (KUHAP), which prohibits illegal evidence in the criminal investigation process. Torture and forced confession are clearly illegal evidence, while the search and seizure of suspects’ houses were not conducted with permits from the court, as required by law. In addition, the three detainees are entitled for compensation as mandated by the Government Regulation (PP) No 92 of 2015.
As a party to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, it is important that crimes involving torture are tried in accordance with the standards set out in the Convention.
SUGGESTED ACTION:
Please write to the authorities listed below, asking them to ensure that the criminal trial against the three detainees should be stopped immediately. As the police violated Indonesia’s Criminal Procedure Code (KUHAP) in obtaining confession and evidence, the case cannot be continued. The three detainees should also be granted adequate remedy and rehabilitation. Further, the police investigators who tortured the three detainees should be held accountable before the criminal court and under fair trial principles.
The AHRC will write a separate letter to the UN Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment calling for his intervention into this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
INDONESIA: Judges annul suspect status of three detainees for motorcycle theft
Name of victim: Herianto (21), Aris Winata (33), and Bihin Charles (39)
Names of alleged perpetrators: Police officers at the Jakarta Metropolitan Police Office (Polda Metro Jaya)
Date of incident: Between 7 April 2017 to 9 April 2017
Place of incident: the Jakarta Metropolitan Police Office (Polda Metro Jaya)
I am writing to voice my deep concern regarding update information of a pretrial judgment cancelling the suspect status of three detainees for motorcycle theft. Assisted by Jakarta Legal Aid (LBH Jakarta), the three detainees sued the Jakarta Metropolitan Police about the illegality of the investigation process and their suspect status. However, despite the South Jakarta District Court granting the pretrial petition and cancelling their suspect status, the criminal trial against the detainees has not been stopped by the Bekasi District Court in West Java, where the alleged crime took place.
The three detainees, Herianto, Aris and Bihin, were assisted by Jakarta Legal Aid to submit a pretrial petition to challenge their suspect status as issued by the Jakarta Metropolitan Police office. The main reason for the petition is that the three detainees were tortured and forced to confess to crimes they did not commit. Furthermore, the arrest and search of the plaintiffs’ houses conducted by the police investigator are also illegal, with no official letter from the Bekasi District Court as required by the Indonesian Criminal Procedure Code (KUHAP).
During the pretrial process, the public lawyer presented three witnesses who saw the three detainees in police custody with serious wounds on their bodies. Finally, on Thursday, 13 June 2017, the pretrial judges of the South Jakarta District Court granted the pretrial petition number 56/Pid.Prap/2017/PN.JKT.SEL. In particular, the judges granted that the allegation of suspects to the plaintiffs is invalid, unlawful and unenforceable, and that the search and seizure conducted upon plaintiffs’ houses is illegitimate. The judges refused to grant compensation to the victims however.
Despite the pretrial judgment issued by the South Jakarta District court, the Bekasi District Court, trying the criminal case of the three detainees (the alleged motorcycle theft, occurring in Bekasi, West Java), has yet to stop the trial process. Therefore, the public lawyer will submit an exception petition and request the judges of the Bekasi District Court to consider the pretrial judgment that annulled the suspect status of the three detainees.
The police investigators have seriously violated the Indonesian Criminal Procedure Code (KUHAP), which prohibits illegal evidence in the criminal investigation process. Torture and forced confession are clearly illegal evidence, while the search and seizure of suspects’ houses were not conducted with permits from the court, as required by law. In addition, the three detainees are entitled for compensation as mandated by the Government Regulation (PP) No 92 of 2015.
As a party to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, it is important that crimes involving torture are tried in accordance with the standards set out in the Convention.
Therefore, I respectfully request you to ensure that the criminal trial against the three detainees should be stopped immediately. As the police violated Indonesia’s Criminal Procedure Code (KUHAP) in obtaining confession and evidence, the case cannot be continued. The three detainees should also be granted adequate remedy and rehabilitation. Further, the police investigators who tortured the three detainees should be held accountable before the criminal court and under fair trial principles.
I look forward to your prompt action in this case.
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. 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. 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
8. 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
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)
