INDONESIA: Bau-Bau District Court convicts officer with light punishment

Dear Friends,

The Asian Human Rights Commission (AHRC) has received updated information regarding the death of Aslin Zalim in police custody in Bau-Bau Regency, South East Sulawesi Province, Indonesia. The Bau Bau District Court has convicted Police Adjunct Senior Commissioner (AKBP) Joko Krisdianto, former Chief of Bau Bau Police Resort (Polres Bau Bau), to six months in prison. Furthermore, ten of his subordinates involved in the torture of Aslin have only been produced before the ethic court (internal mechanism). 

UPDATED INFORMATION:

Since Mr. Aslin Zalim was tortured to death in the custody of Polres Bau Bau in 2013, his family remains in the dark with regard to punishment of the perpetrators. 

In February 2015, the Bau Bau District Court commenced the trial processes in the case of torture to death against Mr. Aslin Zalim. The prosecutor brought criminal charges against AKBP Joko Krisdianto, a former chief of Bau Bau Police Resort, for his involvement in torture, whereas the ten other perpetrators were made to face the internal police enquiry mechanism, which is only a departmental procedure. As a result, the ten officers were only convicted for administrative sanction, such as suspension of rank promotion and salary cutting. 

In the trial process of AKBP Krisdianto, the prosecutor only brought light criminal charges against Krisdianto, namely Article 351, Paragraph 1 and 3, of the Indonesian Penal Code (KUHP), which centers on acts considered as maltreatment. 

Since AKBP Krisdianto was named as a suspect and until his conviction, he was never detained; on the contrary, he was transferred and promoted to the Police Area of South East Sulawesi Province (Polda Sulawesi Tenggara). 

In the original Urgent Appeal, the AHRC reported that on 29 October 2013 at about 9 p.m., Aslin Zalim was taken to Polres Bau Bau by five police officers. On the next day, 30 October 2013, at 7.30 a.m., the family was contacted and asked to come to Bhakti Medika Hospital, as Aslim had passed away. (For further details, please read our original Urgent Appeal Case: AHRC-UAC-153-2013,titled: “Man in Bau-Bau dies under police custody, witnesses at high risk”).

ADDITIONAL INFORMATION:

Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment still occurrs widely in Indonesia. Police officers are still the main perpetrators of torture. However, the number of perpetrators is not equal to the number of perpetrators punished. In general, torturing officers are tried through the internal mechanism, and as a result incidents of torture occur repetitively. 

Though Indonesia is a state party to the International Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the government has yet issued any regulation on the prosecution of torture. In the past ten years, the Parliament has been drafting the revision of the Indonesian Penal Code and the Procedure of the Penal Code, but up until now there has not been any progress. 

SUGGESTED ACTION:

Please write to the authorities listed below, asking them to ensure that the police officers be held accountable for torturing to death Mr. Aslin Zalim in Polres Bau Bau. The Chief of National Police must ensure that the prosecution against the police officers involved in the torture be based upon the standard of fair trial.  The National Police Commission (Kompolnas) and The National Commission on Human Rights (Komnas HAM) must conduct independent investigations to ensure that all police officers involved are prosecuted. The government has to provide adequate remedy for the family of Mr. Aslin Zalim. 

The AHRC is writing separate letters to the UN Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and the Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions, calling for their intervention into this matter.

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

SAMPLE LETTER

Dear ………………..,

INDONESIA: Bau-Bau District Court convicts officer with light punishment

Name of victim: Mr. Aslin Zalim 

Names of alleged perpetrators: 
1. Chief of Bau-Bau District Police, AKBP Joko Krisdiyanto, SIK
2. Chief Police Brigadier Anton Winarso
3. Police Brigadier La Ode Yusuf
4. Police Brigadier L.M. Yamin
5. Police Brigadier Labaya
6. Police Brigadier Rafiun Nini 
7. Chief Police Brigadier Busrol Kamal
8. Police Brigadier Syahrul
9. Second Police Adjunct Inspector Nur Alam 
10. First Police Brigadier L.M. Takdir 
11. Police Brigadier Firdaus Rasiki
12. Police Brigadier Jamal Amin 
13. Chief Police Brigadier Ismi Nafiri 
14. Second Police Adjunct Inspector Syafrin
15. L.M. Saleh
16. Second Police Inspector Baharuddin
17. First Police Inspector Rasyid

Date of incident: 29-30 October 2013

Place of incident: Batararugu, Bau-Bau, South East Sulawesi

I am writing to voice my deep concern regarding update information on the death of Aslin Zalim in police custody in Bau-Bau Regency, South East Sulawesi Province, Indonesia. The Bau Bau District Court has convicted Police Adjunct Senior Commissioner (AKBP) Joko Krisdianto, former Chief of Bau Bau Police Resort (Polres Bau Bau), to six months in prison. Furthermore, ten of his subordinates involved in the torture of Aslin have only been produced before the ethic court (internal mechanism). 

Since Mr. Aslin Zalim was tortured to death in the custody of Polres Bau Bau in 2013, his family remains in the dark with regard to punishment of the perpetrators. 

In February 2015, the Bau Bau District Court commenced the trial processes in the case of torture to death against Mr. Aslin Zalim. The prosecutor brought criminal charges against AKBP Joko Krisdianto, a former chief of Bau Bau Police Resort, for his involvement in torture, whereas the ten other perpetrators were made to face the internal police enquiry mechanism, which is only a departmental procedure. As a result, the ten officers were only convicted for administrative sanction, such as suspension of rank promotion and salary cutting. 

In the trial process of AKBP Krisdianto, the prosecutor only brought light criminal charges against Krisdianto, namely Article 351, Paragraph 1 and 3, of the Indonesian Penal Code (KUHP), which centers on acts considered as maltreatment. 

Since AKBP Krisdianto was named as a suspect and until his conviction, he was never detained; on the contrary, he was transferred and promoted to the Police Area of South East Sulawesi Province (Polda Sulawesi Tenggara). 

In the original Urgent Appeal, the AHRC reported that on 29 October 2013 at about 9 p.m., Aslin Zalim was taken to Polres Bau Bau by five police officers. On the next day, 30 October 2013, at 7.30 a.m., the family was contacted and asked to come to Bhakti Medika Hospital, as Aslim had passed away. (For further details, please read our original Urgent Appeal Case: AHRC-UAC-153-2013,titled: “Man in Bau-Bau dies under police custody, witnesses at high risk”).

Therefore, I respectfully request you to ensure that all of the police officers involved in the torture case of Aslin Zalim be held accountable. 

The Chief of National Police must ensure that the prosecution against the police officers involved in the torture is conducted under the standard of fair trial. 

Moreover, the National Police Commission (Kompolnas) and The National Commission on Human Rights (Komnas HAM) must conduct independent investigations to ensure that all police officers involved are prosecuted. 

Lastly, the government has to provide adequate remedy for the family of the victim.

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
Ministry 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. Brigadier General. Arkian Lubis
Chief of South East Sulawesi Regional Police
Jl. DI Panjaitan Kendari, Sulawesi Tenggara
INDONESIA
Tel: +62 401 390303
Fax: +62 401 390303

7. Mr. Tedjo Edhy Purdijatno
Chairperson of 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. 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)