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INDONESIA: Torture of two villagers by police in South Sumatera over permission letters to buy cows

January 12, 2006

URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal

12 January 2006
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UA-020-2006: INDONESIA: Torture of two villagers by police in South Sumatera over permission letters to buy cows

INDONESIA: Custodial torture; Police brutality; Rule of law
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Dear friends,

It has come to the attention of the Asian Human Rights Commission (AHRC) that two men were tortured by police officers in Buay Runjung, South Sumatera, Indonesia on 23 November 2005. Arafik Bin Amri and Hendri Bin Suandi were returning home after buying cows, and were stopped by police officers from the Sector Police Office of Buay Runjung, allegedly to check their permission papers. Although the men had the necessary documents, the police proceeded to harass and assault them.

While an inquiry into the incident is ongoing, there is a lack of transparency and there are concerns that the inquiry will not lead to any disciplinary sanctions or criminal proceedings, as is common in Indonesia. The AHRC therefore urges you to write to the relevant authorities and demand that criminal proceedings be instituted against the responsible officers, and they be suspended from their duty in the meantime. Adequate compensation must also be provided to the victims. Furthermore, it is essential that Indonesia amends its domestic legislation regarding torture in conformity with the provisions of the UN Convention against Torture, to which it is a party.

Urgent Appeals Programme
Asian Human Rights Commission
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DETAILED INFORMATION:

Name of victims: Arafik Bin Amri (25), Hendri Bin Suandi (20) and Hendra Gunawan (25)
Name of alleged perpetrators: Briptu Bram Fahlevi, Briptu Rahmat Dedi Kurniawan,  Bripda Meki Daniel Ortega, Bripda Niko Apero Atma, Bripda Hendy Afrizal, Bripda Okky Sakti, Bripda Herwindo, Bripda Andi Triana, the police officers in Sector Police Office of Buay Runjung, South Sumatera
Place of incident: Sector Police Office of Buay Runjung, South Sumatera
Date of incident: 23 November 2005

On 23 November 2005, at 10am Arafik Bin Amri and Hendri Bin Suandi went to buy two cows, one each from the villages of Kota Aman and Negeri Batin Baru, Buay Runjung Sub District, OKU Selatan District, South Sumatera. They went with Hendra Gunawan, a driver.

After buying the cows and obtaining the necessary permission and reference letters from the head of both villages, the three men began their journey home. On the way, at 8pm, two police officers from the Sector Police Office of Buay Runjung stopped them and ordered them to turn in to the police station, ostensibly so the police could check their permission letters. The officers asked Arafik and Hendri for a permit letter from the Resort Police Office of OKU Selatan, which in fact it was not necessary for the men to obtain as they were still in the same district.

After waiting for one hour, Arafik and Hendri asked the officers how much longer it would take. One officer became angry and began to hit Arafik with his gun and a flash light in the front yard. The second officer hit Hendri and threatened to shoot Hendra Gunawan if he attempted to help them.

After assaulting Arafik, the officers dragged him away by his legs to the back yard. They then stripped him naked and put him in the custody room until midnight. Subsequently, the Chief of the Sector Police of Buay Runjung came and questioned both Arafik and Hendri, as well as some officers. Arafik told him that he had been tortured by some police officer and asked for his clothes, wallet, mobile phone and money. Although his clothes and wallet were returned, Arafik lost his mobile phone and a sum of Rp. 200,000 (20 USD).

The police chief then allegedly went to question some other officers, leaving Arafik and Hendri with the officers inside his office. The victims were further assaulted at this time by these officers.

At 2:30 am, a police officer named Roni brought them to the Resort Police Office of OKU Selatan, where they were detained. At 7am, two officers in the detention room further assaulted them. A few hours later, they were released.

The next day, Arafik's family made a complaint to the Chief of the Sector Police, resulting in the arrest of the perpetrators a few days later. Although an inquiry into the incident is apparently ongoing, there are concerns that with the lack of transparency in the inquiry, there is likely to be little disciplinary or criminal action taken against the officers. This is a common occurrence in Indonesia, resulting in the perpetuation of impunity for perpetrators of such abuse.

The AHRC therefore urges criminal proceedings be instituted against the responsible officers, and they be suspended from their duty in the meantime. Adequate compensation must also be provided to the victims.

SUGGESTED ACTION:
Please write to the authorities below and demand that criminal proceedings be instituted against the responsible officers, and they be suspended from their duty in the meantime. Adequate compensation must also be provided to the victims.

Sample letter:

Dear______,

INDONESIA: Torture of two villagers by police in South Sumatera over permission letters to buy cows

Name of victims: Arafik Bin Amri (25), Hendri Bin Suandi (20) and Hendra Gunawan (25)
Name of alleged perpetrators: Briptu Bram Fahlevi, Briptu Rahmat Dedi Kurniawan,  Bripda Meki Daniel Ortega, Bripda Niko Apero Atma, Bripda Hendy Afrizal, Bripda Okky Sakti, Bripda Herwindo, Bripda Andi Triana, the police officers in Sector Police Office of Buay Runjung, South Sumatera
Place of incident: Sector Police Office of Buay Runjung, South Sumatera
Date of incident: 23 November 2005

It has come to my attention that Arafik Bin Amri and Hendri Bin Suandi were tortured by the above named police officers over permission papers to buy cows. I am gravely disturbed by this incident.

After buying two cows from the villages of Kota Aman and Negeri Batin Baru, Buay Runjung Sub District, OKU Selatan District, South Sumatera on 23 November 2005, Arafik and Hendri began their journey home with with Hendra Gunawan, a driver. The men had obtained the necessary permission and reference letters from the head of both villages.

On the way, at 8pm, two police officers from the Sector Police of Buay Runjung stopped them and ordered them to turn in to the police station, ostensibly so they could check their permission letters. The officers asked Arafik and Hendri for a permit letter from Resort Police Office of OKU Selatan, which in fact it was not necessary for the men to obtain as they were still in the same district.

After waiting for one hour, Arafik and Hendri asked the officers how much longer it would take. One officer became angry and began to hit Arafik with his gun and a flash light in the front yard. The second officer hit Hendri and threatened to shoot Hendra Gunawan if he attempted to help them. Arafik was then dragged him away by his legs to the back yard. They then stripped him naked and put him in the custody room until midnight. Subsequently, the Chief of the Sector Police of Buay Runjung came and questioned both Arafik and Hendri, as well as some officers inside his office. Arafik told him that he had been tortured by some police officer and asked for his clothes, wallet, mobile phone and money. Although his clothes and wallet were returned, Arafik lost his mobile phone and a sum of Rp. 200,000 (20 USD).

The police chief then allegedly went to question some other officers, leaving Arafik and Hendri with the officers inside his office. The victims were further assaulted at this time by these officers.

At 2:30 am, a police officer named Roni brought them to the Resort Police Office of OKU Selatan, where they detained. At 7am, two officers in the detention room further assaulted them. A few hours later, they were released. The next day, Arafik's family made a complaint to the Chief of Sector Police, resulting in the arrest of the perpetrators a few days later.

Although an inquiry into the incident is apparently ongoing, I am concerned that with the lack of transparency in the inquiry, there is likely to be little disciplinary or criminal action taken against the officers. This is a common occurrence in Indonesia, resulting in the perpetuation of impunity for perpetrators of such abuse. One of the main reasons for this is the inadequate domestic legislation on torture, despite Indonesia being party to the UN Convention against Torture. I therefore urge you to take all measures possible to ensure that the domestic legislation is amended immediately.

I further urge you to ensure that criminal proceedings are immediately instituted against the responsible officers, and they are suspended from their duty in the meantime. Adequate compensation must also be provided to the victims.

I look for your urgent attention in this matter.

Yours sincerely,


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PLEASE SEND LETTERS TO:

1. Mr. Susilo Bambang Yudhoyono
President Republic of Indonesia
Presidential Palace
Jakarta Istana Negara
INDONESIA
Tel: +62 21 384 5627 ext. 1003
Fax: +62 21 231 41 38/ 345 2685/ 345 7782

2. General Sutanto
Chief of National Police Republic of Indonesia
Jl. Trunojoyo No. 3
Jakarta Selatan
INDONESIA
Tel.: +62-21-721 8012
Fax: +62-21-720 7277

3. Chief of South Sumatera Provincial Police
Mapolda Sumatera Selatan
Jl. Jend. Sudirman KM. 4
Palembang
INDONESIA

4. Dr Chairul F
Chief of OKU Selatan Resort Police
Mapolres OKU Selatan
Kab. Oku Selatan Sumatera Selatan
INDONESIA

5. Mr. Abdul Hakim Garuda Nusantara
Chairperson
KOMNAS HAM [National Human Rights Commission of Indonesia]
Jl. Latuharhary No. 4B Menteng
Jakarta Pusat 10310
INDONESIA
Tel: +62 21 3925230
Fax: +62 21 3151042/3925227
E-mail: info@komnasham.or.id

6. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Mr. Safir Syed
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (general)
E-mail: ssyed@ohchr.org

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission

Document Type :
Urgent Appeal Case
Document ID :
UA-020-2006
Countries :
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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.