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UPDATE (Indonesia): The prosecution of police for violence appears to be delayed

February 24, 2010

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal Update: AHRC-UAU-008-2010

24 February, 2010

[Re: AHRC-UAC-178-2009: INDONESIA: Innocent person arrested on false charges and tortured in police custody]
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INDONESIA: The prosecution of police for violence appears to be delayed

ISSUES: Arbitrary arrest; torture; impunity
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Dear friends,

The Asian Human Rights Commission (AHRC) is deeply concerned that the prosecution of the four policemen who arbitrarily arrested and tortured a man on December 2009 will not be carried out in a fair and legitimate manner. The AHRC reported on this case previously, during which it wrote to the UN Rapporteur on the question of torture. Though some progress has been made in the case, it is pending with the prosecutor, the policemen have been released and no reparation has yet been given to the victim.

CASE DETAILS:

On 5 December 2009 Mr J.J. Rizal was illegally arrested by police officers of Beji sub-district in West Java's Depok City, who accused him of being a pickpocket (please see UAC-178-2009). During the arrest the police officers beat the victim about the head and ears and threatened him with a gun; he sustained a split upper lip, bleeding from the nose, a bruised and swollen face and damage to his hearing. After Rizal filed a complaint with the Jakarta Metropolitan Police the sector head asked his subordinates to go to the victim’s house and apologise, which they did.

The four policemen have since been charged with police violence and arrested. On 13 January 2010 after an investigation, the Jakarta Metropolitan Police delivered the case to the high office of the public prosecutor in Bandung, West Java. However there appear to be delays at this stage of the legal process and the alleged perpetrators have been released from custody.

This should be considered a worrying development. As documented by the AHRC and local NGOs, impunity continues to be commonly enjoyed by police in Indonesia, whether they are accused of arbitrarily arrest, torture or corruption. Those that are tried are often charged lightly, which sends out a damaging message. We refer you here to the case of Mr. Hartoyo (UAU-060-2008), a gay man and a human rights defender who was tortured and sexually abused by the police but whose case was tried as a minor offence, allowing the assailants to walk free after paying fine of US$ 0.1 (DR 1,000). 

In the case of Rizal the policemen not only violated law no 39 of 1999 regarding Human Rights – in particular article 34, which states that 'no one shall be subject to arbitrary arrest, detention, torture or exile' – along with chapter XA of the 1945 constitution regarding Human Rights and the recently enacted Chief of Indonesian National Police Number 8 of 2009, which implements human rights principles in the discharge of police duties. They were also in violation of the United Nation's International Covenant on Civil and Political Rights (ICCPR), to which Indonesia is a state party, especially article 2 (the right to remedy), article 7 (the right to freedom from inhuman treatment), article 9 (the right to freedom from arbitrary detention) and article 15 (the presumption of innocence). 

SUGGESTED ACTION:

Please write to the Indonesian authorities listed below calling for a show of resolve regarding the reform of the judiciary and the tackling of impunity. The prosecutor must send the case to court as soon as possible for a legitimate trial and subsequent appropriate penalties. Fair compensation must be granted to the victim,

Please also call on the National Police Commission to investigate the violence committed by the police officers, and to acknowledge and act on this unfortunate trend in the force.

To support this appeal please click here:

SAMPLE LETTER:

Dear __________,

INDONESIA: The prosecution of police for violence appears to be delayed

Name of victim: Mr. J.J. Rizal
Names of alleged perpetrators:
1. Brigadier, S
2. Brigadier (1), A
3. Brigadier (1), MS
4. Brigadier (1 ), S
All police officers of Beji sector police, Depok city.

Date of incident: January 2010
Place of incident: Bandung, West Java

I am writing to voice my deep concern regarding the slow course of a case of arbitrary arrest and police torture through the office of the prosecutor.

On 5 December 2009 Mr J.J. Rizal was illegally arrested by police officers of Beji sub-district in West Java's Depok City, who accused him of being a pickpocket. During the arrest the police officers beat the victim about the head and ears and threatened him with a gun; he sustained a split upper lip, bleeding from the nose, a bruised and swollen face and damage to his hearing. After Mr. Rizal filed a complaint with the Jakarta Metropolitan Police the sector head asked his subordinates to go to the victim’s house and apologise, which they did.

The four policemen have since been charged with police violence and arrested. On 13 January 2010 after an investigation, the Jakarta Metropolitan Police delivered the case to the high office of the public prosecutor in Bandung, West Java. However there appear to be delays at this stage of the legal process and the alleged perpetrators have been released from custody.

This is a worrying development. As documented by the media and NGOs, impunity continues to be commonly enjoyed by police in Indonesia, whether they are accused of arbitrarily arrest, torture or corruption. I am writing to you to call for your efforts to ensure a fair and efficient prosecution. The case should sent to the court as soon as possible and judged in accordance with law no 39 of 1999 regarding Human Rights, particularly article 34 – which states that 'No one shall be subject to arbitrary arrest, detention, torture or exile' – and chapter XA of the 1945 constitution regarding Human Rights, as well as the Chief of Indonesian National Police Number 8 of 2009 which deals with the Implementation of Human Rights Principles and Standards in the Discharge of Duties of The Indonesian National Police. Fundamental international Human Rights declarations must also be taken into account, such as the International Covenant on Civil and Political Rights (ICCPR), especially article 2 (right to remedy), article 7 (right to freedom of inhuman treatment), article 9 (right to freedom of arbitrary detention) and article 15 (presumption of innocence).

Mr. Rizal is entitled to justice and reparation according to fundamental international and Indonesian legislation. Leniency and slowness to act on this case will once more demonstrate that the institutional response to torture in Indonesia is far below the international standard.

Yours sincerely,



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1. Mr. Susilo Bambang Yudhoyono
President of Republic of Indonesia
Presidential Palace,
Jl. Medan Merdeka Utara Jakarta Pusat 10010
INDONESIA
Fax: +62 21 231 4138, 345 2685, 345 7782
Tel: +62 21 384 5627, ext. 1003
Email: mallarangeng@yahoo.com

2. Wisnu Baroto, S.H., M. Hum
Bandung District Prosecutors Office
Jl. Jakarta No. 42-44 Bandung
INDONESIA
Tel. +6222-7103531

2. General Bambang Hendarso Danuri
Chief of Indonesian National Police
Jl. Trunojoyo No. 3
Jakarta Selatan
INDONESIA
Fax: +62 21 720 7277
Tel: +62 21 721 8012
Email: polri@polri.go.id

3. Mr. Adnan Pandu Praja
Chairman of the national police commission (Kompolnas)
Jl. Tirtayasa VII No. 20 Komplek PTIK Jakarta Selatan
INDONESIA
Fax: +62 21 739 2317
Tel: +62 21 739 2352
4. Mr. Patrialis Akbar
Minister of Justice and Human Rights
JI. H.R. Rosuna Said Kav. 6-7
Kuningan, Jakarta Selatan
INDONESIA
Fax: +62 21 525 3095

5. Mr. Beny K Harman
Chairman of Commission one of The House of Representative
(Komisi III DPR RI)
Jl. Gatot Subroto No. 6 Jakarta
INDONESIA
Fax: +62 21 5715566
Tel: +62 21 5715569

6. Mr. Ifdhal Kasim
Chief of Indonesian Commission on Human Rights (KOMNAS HAM)
Jln. Latuharhary No. 4B, Menteng,
Jakarta Pusat 10310
INDONESIA
Fax: +62 21 3925227
Tel: +62 21 3925230 ext. 225/221
Email: info@komnasham.go.id

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Please be aware that although we regularly update our contact databases, emails to local authorities do sometimes bounce back due to domestic technical issues. If this happens consistently please do inform us at the email address below.

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)


Document Type :
Urgent Appeal Update
Document ID :
AHRC-UAU-008-2010
Countries :
Issues :
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.