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INDONESIA: Brigadier officer assaults hospitalised teenage boy

March 16, 2007

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ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal

16 March 2007
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UA-086-2007: INDONESIA: Brigadier officer assaults hospitalised teenage boy

INDONESIA: police assault; police brutality and corruption; defunct rule of law  
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Dear friends

The Asian Human Rights Commission (AHRC) has received information from KONTRAS Sumatera Utara about the severe torture of Mr. Aditya Panji Akbar, an 18 year-old boy while undergoing treatment at the Mental Health Ward of the Bhayangkara (Police) Hospital, by Brigadier Officer Simarmata of the Medan City Police on the 11 January 2007 in the Northern Sumatran city of Medan.

CASE DETAILS:

On the 6th December 2006, the victim who is a shoe-shiner stole a motorcycle from a local showroom. He was promptly arrested by Medan City Police Officers who upon questioning him, found him to be of questionable mental health. They then ordered an official mental health examination of Mr. Akbar; the examining doctor also found him to be of questionable mental health and recommended that he be admitted to a Mental Health Institution for treatment. An impoverished family, Mr. Akbar's parents could not afford the costs of private healthcare, therefore he was admitted to the Bhayangkara (Police) Hospital on the 28 December 2006.

According to the information we received, Mr. Akbar was detained in a cell in the Bhayangkara Hospital. On 11 January 2007 at around 6:10pm, he was severely tortured by Brigadier Officer Simarmata and the other occupant of his cell. The victim was repeatedly beaten and kicked, then stripped naked and forced to crawl across the floor, and was also forced to masturbate. In his statement, the victim also alleged that Brigadier Officer struck him several times on his head with his gun.

Mr. Akbar sustained severe injuries to his upper body, feet, ankles, hands, head and left eye. Hospital staff and the other detainees were witness to this brutal attack.

On 15 January 2007, the victim's Father, Mr. Nurdian Ridho, with the assistance of KONTRAS Sumatera Utara filed a formal complaint on behalf of his son to the Northern Sumatra Police Headquarters. His case complaint was filed as STPL.07/01/I/2007/Propam.

It has been suspected that the doctor who examined the victim who has been inflicted injury changed his medical statement under strong pressure by police and accused the victim of being a drug user. However the victim's family has earnestly denied this charge.


SUGGESTED ACTION:

Please write to the relevant authorities listed below, expressing your grave concern and ethical disgust at the inexcusable conduct of the said Brigadier Officer Simarmata in his brutal torture and humiliation of the victim, Mr. Aditya Panji Akbar.

Suggested letter:

Dear __________,

INDONESIA: Brigadier officer assaults hospitalised teenage boy

Name of victim: Mr. Aditya Panji Akbar, 18 year-old
Name of alleged perpetrators: Brigadier Officer Simarmata of the Medan City Police
Date of incident: 11 January 2007 at around 6:10pm
Place of incident: Mental Health Ward of the Bhayangkara (Police) Hospital, Medan City, Northern Sumatra

I am writing to voice my deep concern regarding the brutal torture of Mr. Aditya Panji Akbar, an 18 year-old teenage boy while undergoing treatment at the Mental Health Ward of the Bhayangkara (Police) Hospital, by Brigadier Officer Simarmata of the Medan City Police on 11 January 2007 in the Northern Sumatran city of Medan.

On 6 December 2006, the victim who is a shoe-shiner stole a motorcycle from a local showroom. He was promptly arrested by Medan City Police Officers who upon questioning him, found him to be of questionable mental health. An official mental health examination of Mr. Akbar was ordered, and the examining doctor also found him to be of questionable mental health and recommended that he be admitted to a Mental Health Institution for treatment. An impoverished family, Mr. Akbar's parents could not afford the costs of private healthcare, and so was admitted to the Bhayangkara (Police) Hospital on 28 December 2006.

According to the information, the victim was detained in a cell in the Bhayangkara Hospital. On 11 January 2007 at around 6:10pm, he was severely tortured by Brigadier Officer Simarmata and the other occupant of his cell. The victim was repeatedly beaten and kicked, then stripped naked and forced to crawl across the floor, and was also forced to masturbate. In his statement, the victim also alleged that Brigadier Officer struck him several times on his head with his gun. Mr. Akbar sustained severe injuries to his upper body, feet, ankles, hands, head and left eye. Hospital staff and the other detainees were witness to this brutal attack.

On 15 January 2007, the victim's Father, Mr. Nurdian Ridho, with the assistance of KONTRAS Sumatera Utara filed a formal complaint on behalf of his son to the Northern Sumatra Police Headquarters. The complaint of his case was filed as STPL.07/01/I/2007/Propam.

It has been suspected that the doctor who examined the victim who has been inflicted injury changed his medical statement under strong pressure by police and accused the victim of being a drug user. However the victim's family has earnestly denied this charge.

As can be expected, no further action has been taken by the Police authorities in this case. I am deeply disturbed to learn about this incident, and am completely disgusted that State-appointed law enforcement officers resort to such brutal and monstrous behaviour. I find Brigadier Officer Simarmata’s conduct totally incomprehensible and inexcusable, as I do the subsequent inactivity of the Police and other relevant state authorities in taking affirmative action against it.

It has been revealed that torture has become somewhat of an institutional practice amongst the Police in Indonesia, and that it continues both unabated and unpunished, which in my opinion, is equivalent to directly encouraging it. Therefore, I strongly urge you to take all necessary steps in ensuring that the Government of Indonesia honour its obligations as a member of the UN Human Rights Council, in ensuring that an official investigation be conducted without further delay, and that prosecution against Brigadier Officer Simarmata be taken immediately. Furthermore, it is imperative that the Government provide adequate financial compensation to the victim, and his family, among other forms of assistance.

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


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PLEASE SEND COPIES TO:

1. Mr. Susilo Bambang Yudoyono
President
Republic of Indonesia
Presidential Palace
Jl. Medan Merdeka Utara
Jakarta Pusat 10010
INDONESIA
Tel: + 62 21 3845627 ext 1003
Fax: + 62 21 231 41 38, 345 2685, 345 7782

2. 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

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

4. Mr. Agung Laksono
Chief of the Indonesian House of Representative
Gedung DPR/MPR RI
Jl. Gatot Subroto No. 6
Jakarta
INDONESIA
Tel: + 62 21 5715509; 5715344; 5715621
Fax: + 62 21 5714469, 5734389

5. Mr. Hamid Awaluddin
Minister of Justice and Human Rights
Uahi Utoyo Usman S.H.
Menteri Kehkiman
JI. H.R. Rosuna Said Kav. 6-7
Kuningan, Jakarta Selatan
INDONESIA
Fax: +62 21 525 3095

6. Mr. Abdul Hakim Garuda Nusantara
Chairperson
KOMNAS HAM
Jl. Latuharhary No. 4B Menteng
Jakarta Pusat 10310
INDONESIA
Tel: +62 21 3925230
Fax: +62 21 3151042/3925227 

Thank you.

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

Document Type :
Urgent Appeal Case
Document ID :
UA-086-2007
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.