Dear Friends,
The Asian Human Rights Commission (AHRC) has received updated information that the Bekasi district court released three suspects being tried for motorcycle theft. The judgment clearly proves that the police investigators at the Jakarta Metropolitan Police Office misused their power in investigating the alleged crime conducted by the three suspects. Therefore, the three victims are entitled to adequate remedy.
UPDATED INFORMATION:
After the Bekasi District Court received a copy of the pretrial judgment issued by the South Jakarta district court (Number 741/Pid.B/2017/PN.Bks and Number 742/Pid.B/2017/PN.Bks) regarding the cancelation of suspect status of three detainees for motorcycle theft, the Court in West Java province, where the alleged crime took place, finally stopped the case. The prosecutor also canceled reading the indictment.
Further, the judges also ordered the prosecutor to release the detainees, who were able to go home and celebrate Idul Fitri on 25 and 26 June 2017 with their family. Nonetheless, the judges did not mention any remedy for their illegal detention and torture. Similarly, the pretrial judges of South Jakarta District Court also refused to grant compensation for them. Actually there is clear regulation about compensation, as regulated by the Law No 8 of 1981 concerning Indonesian Criminal Procedures (KUHAP), in particular articles 77 and 95.
Article 77
A district court shall be competent to examine and decide, in accordance with the previous set forth in this law concerning:
Paragraph b
Compensation and/or rehabilitation for a person whose criminal case is terminated at the stage of investigation or prosecution.
Article 95
Paragraph 1
A suspect, an accused or a convicted person shall have the right to demand compensation
for the harm of having been arrested, detained, prosecuted and adjudicated or subjected to other acts, without reason founded on law or due to a mistake to his identity or to the applicable law.
Paragraph 2
A demand for compensation from a suspect or his heir for arrest or detention and other acts without reason founded on law or due to a mistake with regard to identity or the applicable law as intended by paragraph one whose ease has not been submitted to the district court, shall be decided upon in pretrial review as intended by article 77.
Besides regulated by the Indonesian Criminal Procedure, compensation for victims of wrongful arrest is also clearly regulated by the Government Regulation (PP) No. 92 of 2015 regarding compensation for victims of wrongful arrest. In addition, the court and the police should also take into consideration Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, where the declaration is adopted by the General Assembly resolution 40/34 of 29 November 1985. The basic principles clearly stated that access to justice, restitution, compensation and assistance should be given to the victims of crimes and abuse of power.
SUGGESTED ACTION:
Please write to the authorities listed below, asking them to ensure that the Court grants adequate remedy for the three victims as mandated by law. Further, the police should ensure that the officers involved in this crime should be held accountable before the court and ensure that the same crime will not recur in the future.
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 release three suspects illegally arrested for 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 updated information that the Bekasi district court released three suspects being tried for motorcycle theft. The judgment clearly proves that the police investigators at the Jakarta Metropolitan Police Office misused their power in investigating the alleged crime conducted by the three suspects. Therefore, the three victims are entitled to adequate remedy.
After the Bekasi District Court received a copy of the pretrial judgment issued by the South Jakarta district court (Number 741/Pid.B/2017/PN.Bks and Number 742/Pid.B/2017/PN.Bks) regarding the cancelation of suspect status of three detainees for motorcycle theft, the Court in West Java province, where the alleged crime took place, finally stopped the case. The prosecutor also canceled reading the indictment.
Further, the judges also ordered the prosecutor to release the detainees, who were able to go home and celebrate Idul Fitri on 25 and 26 June 2017 with their family. Nonetheless, the judges did not mention any remedy for their illegal detention and torture. Similarly, the pretrial judges of South Jakarta District Court also refused to grant compensation for them. Actually there is clear regulation about compensation, as regulated by the Law No 8 of 1981 concerning Indonesian Criminal Procedures (KUHAP), in particular articles 77 and 95.
Article 77
A district court shall be competent to examine and decide, in accordance with the previous set forth in this law concerning:
Paragraph b
Compensation and/or rehabilitation for a person whose criminal case is terminated at the stage of investigation or prosecution.
Article 95
Paragraph 1
A suspect, an accused or a convicted person shall have the right to demand compensation
for the harm of having been arrested, detained, prosecuted and adjudicated or subjected to other acts, without reason founded on law or due to a mistake to his identity or to the applicable law.
Paragraph 2
A demand for compensation from a suspect or his heir for arrest or detention and other acts without reason founded on law or due to a mistake with regard to identity or the applicable law as intended by paragraph one whose ease has not been submitted to the district court, shall be decided upon in pretrial review as intended by article 77.
Besides regulated by the Indonesian Criminal Procedure, compensation for victims of wrongful arrest is also clearly regulated by the Government Regulation (PP) No. 92 of 2015 regarding compensation for victims of wrongful arrest. In addition, the court and the police should also take into consideration Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, where the declaration is adopted by the General Assembly resolution 40/34 of 29 November 1985. The basic principles clearly stated that access to justice, restitution, compensation and assistance should be given to the victims of crimes and abuse of power.
Therefore, I respectfully request you to ensure that the Court grants adequate remedy for the three victims as mandated by law. Further, the police should ensure that the officers involved in this crime should be held accountable before the court and ensure that the same crime will not recur in the future.
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)
