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INDONESIA: Alleged brutal murder of a 14 year-old boy by Jakarta police

January 23, 2007

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ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal

23 January 2007
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UA-022-2007: INDONESIA: Alleged brutal murder of a 14 year-old boy by Jakarta police

INDONESIA: Police Brutality; Assault and murder of a minor.
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the alleged brutal murder of a 14 year-old boy by nine officers of the Muncipal Administrative Police Unit (SATPOL PP) on Pakubuwono Street in Southern Jakarta on the 8 January 2007. The boy was arrested for a petty violation of the municipal regulations. Now the police authority claims that the victim died due to ill-health, as opposed to severe internal injuries allegedly caused by his assault. No serious action has been taken to investigate the incident despite the victim's family's complaint.

CASE DETAILS:

At around 7:00am on 8 January 2007, 14 year-old Irfan was working as a "jockey" (see notes) on Pakubuwono street in the cosmopolitan area of southern Jakarta when nine officers of the Muncipal Administrative Police Unit (SATPOL PP) conducted a raid of the local jockey operations in that area. Arresting 15 jockeys, officers attempted to arrest young Irfan who responded by biting his arresting officer's hand and running away. He was soon flagged down by officers on motorcycle, who then proceeded to severely beat him. Officers also stamped on his chest several times.

By this point, Irfan had lost consciousness. Officers took him to the Bumi Puskesmas hospital, but by the time when they reached the hospital, Irfan was dead. His body was then transferred to the Cipto Mangunkusumo Public Hospital.

By 10 January 2007, Irfan's family, highly anxious because of his absence, began looking for him. They were informed by a local jockey that Irfan had been taken to the Bumi Puskesmas hospital. Upon further enquiry at the hospital, his family learnt that Irfan had indeed been admitted with extensive injuries by SATPOL PP Officers, but that he was transferred to another hospital soon thereafter. Now frantic, Irfan's family visited several local hospitals in hopes of finding him. Their search eventually led them to the RCSM Public Hospital where they found Irfan's body. By this time, Irfan's body was lead-coloured and showed signs of severe physical trauma, including signs of strangulation around the neck. Taking his corpse home, Irfan's family buried their slain son on 10 January 2007.

In a public press release, Mr. Harianto Bajuri, the Head of Security and Discipline of the Jakarta administrative region, claimed that Irfan died due to ill-health, as opposed to severe internal injuries allegedly caused by his assault.

On 13 January 2007, Irfan's family with the assistance of the Association of Indonesian Advocates (AAI) and the Indonesian Law Students Union (PERMAHI) filed a formal complaint with the Metrojaya Provincial Police. But not surprisingly, no action has been taken to investigate the incident and arrest those responsible police officers. 

The AHRC understands that the victim violated the municipal regulation and the police are responsible for enforcing the regulations. However, this cannot justify the killing of Ifran. For such petty crimes, punishment should not exceed a fine of some amount against violators. In fact, the ill-treatment, torture and public humiliation on "jockeys" by the police is common in Indonesia. The AHRC has previously reported the malicious assault and public humiliation of Ms. Sugihart, a 31 year-old impoverished mother working as a "jockey", by officers of the Municipal Administrative Police Unit (SATPOL PP) at the Menteng District Office in Jakarta on 5 September 2006 (See further: UA-320-2006).

NOTES:
Jakarta City Administrative and Police authorities introduced a new regulation in attempts to reduce the heavy traffic congestion in the city-centre, which states that private cars are required to carry a minimum of at least three passengers when traveling on the major urban thoroughfares during peak traffic-hours. However, many drivers in Jakarta openly contested this regulation by hiring "jockeys"; young men and women who can be hired for a fee of a few thousand Rupiah (less than 1 USD) by drivers as a third passenger, thus enabling them to travel during peak traffic-hours, without having to pay the penalty fines for violation of this traffic regulation.

SUGGESTED ACTION:
Please write to the relevant authorities listed below, expressing your grave concern for the unforgivable and brutish conduct of the said officers of the SATPOL PP Police Unit which culminated in young Irfan's death and the failure on the part of the Police to conduct impartial investigations.

Sample letter:

Dear __________,

INDONESIA: Alleged brutal murder of 14 year-old boy by Jakarta police

Name of victim: Irfan; 14 years-old, worked as a "jockey"
Name of alleged perpetrators: Nine officers of the Municipal Administrative Police Unit (SATPOL PP)
Date of incident: At around 7:00am on 8 January 2007
Place of incident: Pakubowono Street, Southern Jakarta, Indonesia

I am writing to voice my deep concern regarding the alleged brutal murder of a 14 year-old boy by nine officers of the Muncipal Administrative Police Unit (SATPOL PP) on Pakubuwono Street in Southern Jakarta on 8 January 2007.

On the said date, 14 year-old Irfan was working as a "jockey" (can be hired for a fee of a few thousand Rupiah (less than 1 USD) by drivers as a third passenger to enable them to travel during peak traffic-hours, without having to pay penalty fines) on Pakubuwono street in the cosmopolitan area of southern Jakarta when nine officers of the Muncipal Administrative Police Unit (SATPOL PP) conducted a raid of the local jockey operations in that area. Arresting 15 jockeys, officers attempted to arrest young Irfan who responded by biting his arresting officer's hand and running away. He was soon flagged down by officers on motorcyle, who then proceeded to severely beat him. Officers also stamped on his chest several times.

By this point, Irfan had lost consciousness. Officers took him to the Bumi Puskesmas hospital, but by the time when they reached the hospital, Irfan was dead. His body was then transferred to the Cipto Mangunkusumo Public Hospital. However, the police did not inform this incident to Irfan's family and simply abandoned the boy's body at the hospital.

By 10 January 2007, Irfan's family, highly anxious because of his absence, began looking for him. They were informed by a local jockey that Irfan had been taken to the Bumi Puskesmas hospital. Upon further enquiry at the hospital, his family learnt that Irfan had indeed been admitted with extensive injuries by SATPOL PP Officers, but that he was transferred to another hospital soon thereafter. Now frantic, Irfan's family visited several local hospitals in hopes of finding him. Their search eventually led them to the RCSM Public Hospital where they found Irfan's body. By this time, Irfan's body was lead-coloured and showed signs of severe physical trauma, including signs of strangulation around the neck. Taking his corpse home, Irfan's family buried their slain son on 10 January 2007.

However, I was informed that in a public press release, Mr. Harianto Bajuri, the Head of Security and Discipline of the Jakarta administrative region claimed that Irfan died due to ill-health.

On 13 January 2007, Irfan's family filed a formal complaint with the Metrojaya Provincial Police but no serious action has yet been taken to investigate the incident and arrest those responsible officers to date.  

I understand that the victim violated the municipal regulation and the police are responsible for enforcing the regulations. However, this cannot justify the killing of Ifran. For such petty crimes, punishment should not exceed a fine of some amount against violators.

I also know that Indonesia was elected to the UN Human Rights Council in 2006. As such, it should be made the primary priority of the Indonesian government to protect and uphold these fundamental human rights for its citizens. More importantly, flagrant abuses by people in state-appointed positions of authority such as seen here should not be tolerated.

I therefore strongly urge you to apply the necessary pressure on the relevant judicial and law-enforcement authorities in Jakarta to conduct an official post-mortem and investigation into Irfan's murder, and to take proper prosecutory action against the accused officers of the SATPOL PP. In addition, adequate compensation should be paid to the victim's bereaved family without further delay.

I equally request that the Indonesian government amend the existing domestic law on torture on an urgent basis, both to prevent such violations and provide a mechanism for redress.

While young Irfan was indeed in violation of municipal regulation, the misuse and abuse of positions of authority by the accused police officers in their malicious treatment of a 14 year-old boy is in violation of international legal protocol, and should be treated as such.

I look forward to your prompt and effective response in this matter.

Yours sincerely,


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PLEASE SEND YOUR LETTER TO:

1. Gen. Sutanto
Chief of National Police
Jl. Trunojoyo No. 3
Jakarta Selatan
INDONESIA
Tel: +62 21 721 8012
Fax: +62 21 720 7277

2. Inspector-General Adang Firman
Metrojaya Provincial Chief of Police
INDONESIA
Tel: +62 21 523 4001
Fax: +62 21 522 56463

3. Mr. Sutiyoso
Governor of DKI Jakarta Province
Jl. Merdeka Selatan Blok.8-9
Telp.+62-21 3823288
E-mail: dkiweb@jakarta.go.id
Jakarta Pusat
INDONESIA

4. Mr. Enny Soeprapto
Commissioner of the Right to Safety life
KOMNAS HAM
Jl. Latuharhary No. 4B Menteng
Jakarta Pusat 10310
INDONESIA
Tel: +62 21 3925230
Fax: +62 21 3151042/3925227
E-mail: info@komnasham.or.id 

5. Mr. Abdul Rahman Saleh
Attorney General
Kejaksaan Agung RI
Jl. Sultan Hasanuddin No. 1
Jakarta Selatan
INDONESIA
Tel: + 62 21 7221337, 7397602
Fax: + 62 21 7250213

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)

7. Mr. Philip Alston
Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions
Attn: Lydie Ventre
Room 3-016
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR EXECUTIONS)


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)


Document Type :
Urgent Appeal Case
Document ID :
UA-022-2007
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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.