INDONESIA: Military Court verdict for torture and killing of Paulus E. Kusvidiyanto is close to impunity; police investigation into the involvement of civilians stalled

August 4, 2005

URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

Urgent Appeal

5 August 2005
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UA-137-2005: INDONESIA: Military Court verdict for torture and killing of Paulus E. Kusvidiyanto is close to impunity; police investigation into the involvement of civilians stalled

INDONESIA: Torture; Extrajudicial killings; Delay in police investigation
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information from the Commission for the Disappeared and Victims of Violence (Kontras) about the torture and murder of Paulus Erwin Kusvidiyanto. Paulus was tortured to death by three military officers and at least five civilians on 9 November 2004. On this charge, the three military officers were sentenced to one and a half, two, and 18 months jail by the military court of Bandung. At the same time, the local police refuse to investigate the involvement of at least five others in the killing. Reportedly, at least five civilians joined the three military officers to torture the victim, four of which stood as witnesses in the military trial and at that time confessed that they were involved in the torture.

The AHRC urges you to intervene in this matter and demand a prompt, impartial and thorough police investigation. Moreover, the military apparatus has to be pressured so that the military prosecutor, who is the legal representative of the victims family, appeals the frustratingly low military sentence in the next higher military court.

Urgent Appeals Desk,
Asian Human Rights Commission

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DETAILED INFORMATION:

Victim: Paulus Erwin Kusvidiyanto (27), graphic designer; address: Bojong Depok Baru, Bojong Gede Sub-district, Cibinong District, Bogor Regency, West Java Province
Alleged Perpetrators:
Military Officers:
Second Lieutenant SUHARTO (NRP 567996), Commander of the Investigation Unit of Team 2, Group A of the Presidential Guard;
Chief Corporal Sana Martohap Sitompul (NRP 585090), of Detasmen Markas, Central Military Base (Markas Besar) of the Indonesian Army (Angkatan Darat);
Chief Soldier Surtomy (NRP 31970433011075), driver, of the Army Strategic Command (Kostrad)
Civilians:
Budi Prasetio (Tio); Ahmad Syafudin; Syamsudin (Alex); Sugeng (Gondrong), and Ismail, of Bojong Depok Baru, Bojong Gede Sub-district, Bogor Regency, West Java Province

Details of the Incident:

On the afternoon of 9 November 2004, Paulus E. Kusvidiyanto sat outside a house near his home in Bojong Depok Baru housing complex playing a guitar with his friends. At about 4.30 pm, somebody suddenly shouted Thief! from far away, upon which Paulus friends all quickly left the place where they had gathered, leaving him alone. It was later found out that the person who had shouted was Ismail, and that Paulus had been tortured merely for allegedly stealing a pair of sandals. Ismail and Second Lieutenant Suharto then came and forced Paulus to follow him to an empty house at Blok M 4, Pusparaya housing complex, Bojong Gede, Cibinong, Bogor. The owner of the house, who protested against this, was pulled out of the house and forced to leave by Chief Soldier Surtomy. Paulus was then handcuffed to the fence of the house and severely assaulted by Suharto, Chief Corporal Sana Martohap Sitompul, Chief Soldier Surtomy and several civilians, including Budi Prasetio (Tio), Ahmad Syafudin, Syamsudin (Alex), Sugeng (Gondrong), and Ismail. While they were beating and kicking Paulus, the Sectoral Military Officer (Bintara Keamanan dan Ketertiban Masyarakat) of Bojong Gede arrived at the place and tried to stop them from assaulting Paulus. However, Suharto refused to hand Paulus to the Sectoral Military Officer, saying that only the Commander of the Sectoral Police Station of Bojong Gede could take him. Paulus was then uncuffed and moved to a open drain about 20 meters away, where he was cuffed to a water pipe, and again severely assaulted until he lost consciousness.

Paulus was continuously assaulted with beatings and kicks for about two hours, until finally Sectoral Police Commander Ngadi arrived at the place together with several other officers, including police officer Mahmud. They took the still unconscious Paulus away from his torturers and brought him to the Kramat Jati Police Hospital (RS Polri) in Jakarta.

On the same night, after returning home from her office, the mother of Paulus heard about the incident from a neighbour. She immediately rushed to the Sectoral Police Station Bojong Gede at Tonjong to inquire about her son. After being informed about his whereabouts, she rushed to the police hospital with her younger son, where they spent the night at the bed of Paulus. Onn the morning of 10 November 2004, at around 8 am, Paulus died without having regained consciousness. The dead body of Paulus was examined on the same day by police medical officer Dr. Andreas Akmilus Erasmus Lala. The medical report (Visum et Repertum, No. 018/SK VII/XI/2004/RS POLRI) mentions that several bones in his neck and the back of his head had been broken, his left hand had been broken, his stomach bore a nine centimeter long wound, his forehead bore several wounds, his eyes were blue and swollen, and his legs bore several scratches, and that Paulus had died as a consequence of this torture.

On 18 November 2004, the mother of Paulus lodged a complaint at the Bogor Military Police Station, but although she asked for it, she was not given a copy of the complaint. She also filed a complaint with Sectoral Police Station of Bojong Gede in Tonjong (Complaint No. B/16/XII/2004).

On 6 May 2005, the Military Court II-09, Bandung, chaired by Lieutenant Colonel Chk Hazarmien, opened a trial against Second Lieutenant Suharto, Chief Corporal Sana Martohap Sitompul and Chief Soldier Surtomy (case number: Tapsid/110/V/2005). On 29 July 2005, after six hearings, Suharto was sentenced to eighteen months, Surtomy to two months, and S.M. Sitompul to one and a half months imprisonment.

Meanwhile, Chief Investigator Djumadi (NPR 62120540) and investigator Nur Siwan of the Bojong Gede Sectoral Police refuse to investigate the involvement of at least five civilians in the torture and killing of Paulus. When his mother went to the Sectoral Police Station on 21 May 2005 to inquire about the status of the investigation, Soetrisno, the Vice Chief of the Station, rejected the possibility of civilians being involved in the killings although so far, no proper investigation into the matter has been conducted. This stands in contradiction to the findings of the military court, which during the hearings mentioned the involvement of the five abovementioned civilians.

SUGGESTED ACTION:

Please send a letter to the President of Indonesia, the Minister of Justice of Human Rights, the Attorney General and the Chief of Police to demand their intervention to ensure an immediate and thorough investigation into the involvement of civilians in the killing. Please send a second letter to the president, Commander-in-Chief of the Indonesian Military, and the Supreme Court, asking them to exert pressure on the military prosecutor to appeal to the next highest military court so that the three military officers are given an adequately high sentence, considering the seriousness of the crime.

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SAMPLE LETTER:

1. Sample letter to the President of Indonesia, the Minister of Justice of Human Rights, the Attorney General and the Chief of Police:

Dear___________,

Re: INDONESIA: Military Courts verdict for torture and killing of Paulus E. Kusvidiyanto too lenient; police investigation into the involvement of civilians stalled

Victim: Paulus Erwin Kusvidiyanto (27), graphic designer, of Bojong Depok Baru, Bojong Gede Sub-district, Cibinong District, Bogor Regency, West Java Province
Alleged Perpetrators:
Military Officers:
Second Lieutenant SUHARTO (567996), Commander of Investigation Unit, Team 2, Group A, of the Presidential Guard;
Chief Corporal Sana Martohap Sitompul (585090), of Detasmen Markas, Central Military Base (Markas Besar) of the Indonesian army (Angkatan Darat);
Chief Soldier Surtomy (NRP 31970433011075), driver, of the Army Strategic Command (Kostrad)
Civilians:
Budi Prasetio (Tio); Ahmad Syafudin; Syamsudin (Alex); Sugeng (Gondrong), and Ismail, of Bojong Depok Baru, Bojong Gede Sub-district, Bogor Regency, West Java Province

It has come to my attention that Paulus Erwin Kusvidiyanto was tortured to death by the three military officers and by at least five civilians (all mentioned above) on 9 November 2005.

On the afternoon of 9 November 2004, at about 4.30 pm, Paulus E. Kusvidiyanto was taken by the abovementioned Ismail and Lieutnant Suharto from outside his friends house in Bojong Depok Baru housing complex, after accusing him of stealing a pair of sandals. They took him to an empty house at Blok M 4, Pusparaya housing complex, Bojong Gede, Cibinong, Bogor. There, Paulus was handcuffed to the fence of the house and severely assaulted by Suharto, Chief Corporal Sana Martohap Sitompul, Chief Soldier Surtomy and several civilians, including the Budi Prasetio (Tio), Ahmad Syafudin, Syamsudin (Alex), Sugeng (Gondrong), and Ismail. While they were beating and kicking Paulus, the Sectoral Military Officer (Bintara Keamanan dan Ketertiban Masyarakat) of Bojong Gede arrived at the place and tried to stop them from assaulting Paulus. However, Suharto refused to hand Paulus to the Sectoral Military Officer, saying that only the Commander of the Sectoral Police Station of Bojong Gede could take him. Paulus was then uncuffed and moved to an open drain about 20 meters away, where he was cuffed to a water pipe, and again severely assaulted until he lost consciousness.

On the same night, after returning home from her office, the mother of Paulus heard about the incident from a neighbour. She immediately rushed to the Sectoral Police Station Bojong Gede at Tonjong to inquire about her son. After being informed about his whereabouts, she rushed to the police hospital with her younger son, where they spent the night at the bed of Paulus. On the morning of 10 November 2004, at around 8 am, Paulus died without having regained consciousness. The dead body of Paulus was examined on the same day by police medical officer Dr. Andreas Akmilus Erasmus Lala. The medical report (Visum et Repertum, No. 018/SK VII/XI/2004/RS POLRI) mentions that several bones in his neck and the back of his head had been broken, his left hand had been broken, his stomach bore a nine centimeter long wound, his forehead bore several wounds, his eyes were blue and swollen, and his legs bore several scratches, and that Paulus had died as a consequence of this torture.

On 18 November 2004, the mother of Paulus lodged a complaint at the Bogor Military Police Station, but although she asked for it, she was not given a copy of the complaint. She also filed a complaint with Sectoral Police Station in Tonjong, Bojong Gede (Complaint-No. B/16/XII/2004).

Meanwhile, Chief Investigator Djumadi (NPR 62120540) and investigator Nur Siwan of the Bojong Gede Sectoral Police refuse to investigate the involvement of at least five civilians in the torture and killing of Paulus. When his mother went to the Sectoral Police Station on 21 May 2005 to inquire about the status of the investigation, Soetrisno, the Vice Chief of the Station, denied the possibility of civilians being involved in the killings, although so far no proper investigation has been conducted. Moreover, his denial stands in contradiction to the findings of the military court, which during the hearings mentioned the involvement of the five abovementioned civilians.

I am utterly disappointed to learn that it is so difficult for the family of Paulus to obtain truth and justice for the torture and murder of their child. I urge your immediate intervention into this matter to ensure that the Tonjong Sectoral Police (Polsek), Bojong Gede, conduct a prompt, impartial and thorough investigation into this matter, so that the perpetrators of this crime can be brought to justice, instead of running free, ready to perpetrate yet another crime.

Yours sincerely,

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PLEASE SEND THIS LETTER TO:

1. Mr. Susilo Bambang Yudoyono
President
Republic of Indonesia
Presidential Palace
Jakarta Istana Negara
INDONESIA
Tel: +62 21 384 5627 ext. 1003
Fax: +62 21 345 7782

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

3. Inspector-General Firman Gani
Metrojaya Provincial Chief of Police
INDONESIA
Tel: +62-21-523 4001
Fax: +62-21-522 5646

4. Mr. Edi Darnadi
West Java Provincial Chief of Police
Jl. Soekarno Hatta No. 748
Bandung,
Java Barat,
INDONESIA
Tel: +62-22-780 2632

5. Mr. Kamil Razak
Bogor District Chief of Police
INDONESIA
Tel: +62-251-381 360
Fax: +62-251-381 361

6. Mr. Abdul Rahman Saleh
Attorney General of Indonesia
Attorney General's Office
Jakarta
INDONESIA
Tel: +62 21 720 8557
Mobile: +62 81 118 5009 (Adjutant)
Fax: +62 21 725 0213

7. 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

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2. Please send a second letter to the President of Indonesia, Commander-in-Chief of the Indonesian Military, Chief of Staff of the Indonesian Army, the Military District Commander of District III Siliwangi, the Commander of the presidential guard, the Commander of the Military Police and the Chief Justice of the Supreme Court

Dear___________,

Re: INDONESIA: Military Courts verdict for torture and killing of Paulus E. Kusvidiyanto too lenient; police investigation into the involvement of civilians stalled

Victim: Paulus Erwin Kusvidiyanto (27), graphic designer, of Bojong Depok Baru, Bojong Gede Sub-district, Cibinong District, Bogor Regency, West Java Province
Alleged Perpetrators:
Military Officers:
Second Lieutenant SUHARTO (567996), Commander of Investigation Unit, Team 2, Group A, of the Presidential Guard;
Chief Corporal Sana Martohap Sitompul (585090), of Detasmen Markas, Central Military Base (Markas Besar) of the Indonesian army (Angkatan Darat);
Chief Soldier Surtomy (NRP 31970433011075), driver, of the Army Strategic Command (Kostrad)
Civilians:
Budi Prasetio (Tio); Ahmad Syafudin; Syamsudin (Alex); Sugeng (Gondrong), and Ismail, of Bojong Depok Baru, Bojong Gede Sub-district, Bogor Regency, West Java Province

It has come to my attention that Paulus Erwin Kusvidiyanto has been tortured to death by the three military officers, and by at least five civilians (all mentioned above) on 9 November 2005.

On the afternoon of 9 November 2004, at about 4.30 pm, Paulus E. Kusvidiyanto was taken by the abovementioned Ismail and Lieutnant Suharto from outside his friends house in Bojong Depok Baru housing complex, after accusing him of stealing a pair of sandals. They took him to an empty house at Blok M 4, Pusparaya housing complex, Bojong Gede, Cibinong, Bogor. There, Paulus was handcuffed to the fence of the house and severely assaulted by Suharto, Chief Corporal Sana Martohap Sitompul, Chief Soldier Surtomy and several civilians, including the Budi Prasetio (Tio), Ahmad Syafudin, Syamsudin (Alex), Sugeng (Gondrong), and Ismail. While they were beating and kicking Paulus, the sectoral military officer (Bintara Keamanan dan Ketertiban Masyarakat) arrived at the place and tried to stop them from assaulting Paulus. However, Suharto refused to hand Paulus to the Village Police Officer, saying that only the Commander of the Sectoral Police Station of Tonjong, Bojong Gede could take him. Paulus was then uncuffed and moved to an open drain about 20 meters away, where he was cuffed to a water pipe, and again severely assaulted until he lost consciousness.

Paulus was continuously assaulted with beatings and kicks for about two hours, until finally Sectoral Police Commander (Kapolsek) Ngadi arrived at the place together with several other officers, including police officer Mahmud. They took the still unconscious Paulus away from his torturers and brought him to the Kramat Jati Police Hospital (RS Polri) in Jakarta.

After hearing about the incident, Paulus mother immediately rushed to the Tonjong Sectoral Police Station to inquire about her son, and after being informed, rushed to the police hospital with her younger son. On the morning of 10 November 2004, at around 8 am, Paulus died without having regained consciousness. The dead body of Paulus was examined on the same day by police medical officer Dr. Andreas Akmilus Erasmus Lala. The medical report (Visum et Repertum, No. 018/SK VII/XI/2004/RS POLRI) mentions that several bones in his neck and the back of his head had been broken, his left hand had been broken, his stomach bore a nine centimeter long wound, his forehead bore several wounds, his eyes were blue and swollen, and his legs bore several scratches, and that Paulus had died as a consequence of this torture.

On 18 November 2004, the mother of Paulus lodged a complaint at the Bogor Military Police Station, but although she asked for it, she was not given a copy of the complaint. She also filed a complaint with Sectoral Police Station in Tonjong, Bojong Gede (Complaint-No. B/16/XII/2004).

On 6 May 2005, the Military Court II-09, Bandung, chaired by Lieutenant Colonel Chk Hazarmien, opened a trial against Second Lieutenant Suharto, Chief Corporal Sana Martohap Sitompul and Chief Soldier Surtomy (case number: Tapsid/110/V/2005). On July 29, after six hearings, Suharto was sentenced to eighteen months, Surtomy to two months, and S.M. Sitompul to one and a half months imprisonment.

I am utterly disappointed that torturers and murderers can get away with near impunity. I urge your immediate intervention into this matter to ensure that the military prosecutor (oditur) appeals to the next highest military court so that the three military officers who tortured Paulus to death are brought to justice. Moreover, I urge you to ensure that adequate disciplinary action is taken against Second Lieutenant Suharto (567996), Chief Corporal Sana Martohap Sitompul (585090), and Chief Soldier Surtomy (NRP 1970433011075).

Yours sincerely,

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PLEASE SEND THIS LETTER TO:

1. Mr. Susilo Bambang Yudoyono
President
Republic of Indonesia
Presidential Palace
Jakarta Istana Negara
INDONESIA
Tel: +62 21 384 5627 ext. 1003
Fax: +62 21 345 7782

2. Gen. Endriartono
Commander-in-Chief of the Indonesian Military
Headquarters of the Indonesian Military / Markas Besar TNI
Cilangkap
Jakarta Timur
INDONESIA
Tel: +62-21-8459 1240
Fax: +62-21-845 6805

3. Gen. Jokosantoso
Chief of Staff of the Indonesian Army
Headquarters of the Indonesian Military / Markas Besar TNI
Cilangkap
Jakarta Timur
INDONESIA
Tel: +62-21-8459 1240
Fax: +62-21-845 6805

4. Maj.-Gen. Sriyanto
Military District Commander of District III Siliwangi Headquarters of the Indonesian Military / Markas Besar TNI
Cilangkap
Jakarta Timur
INDONESIA
Tel: +62-21-8459 1240
Fax: +62-21-845 6805

5. Maj.-Gen. Agung Widjajadi
Commander of the Presidential Guard
Headquarters of the Indonesian Military / Markas Besar TNI
Cilangkap
Jakarta Timur
INDONESIA
Tel: +62-21-8459 1240
Fax: +62-21-845 6805

6. Maj.-Gen. Ruchyan
Commander of the Military Police
Headquarters of the Military Police / Pusat Polisi Militer TNI AD
INDONESIA
Tel: +62-21-384 3766
Fax: +62-21-381 3905

7. Prof. Dr. Bagir Manan
Chief Justice
Supreme Court
Jalan Merdeka Utara No. 11 - 13
Jakarta Pusat 10110
INDONESIA
Tel: +62-21-3811957 / 345 2223
Fax: +62-21-381 0357

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PLEASE SEND COPIES OF BOTH LETTERS TO:

1. 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

2. Dr. Ferry Mursyidan Baldan
Chairperson
Comission II on Domestic Affairs
House of Representatives
Jl. Jend. Gatot Subroto
Jakarta 10270
INDONESIA
Fax: +62-21-571 5493

3. Mr. Agustin Teras Narang,
Chairperson
Commission III on Justice and Human Rights
House of Representatives
Jl. Jend. Gatot Subroto
Jakarta 10270
INDONESIA
Fax: +62-21-571 5532

4. 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)

5. Mr. Philip Alston
Special Rapporteur on Extrajudicial, Summary, or Arbitrary Executions
Att: Lydie Ventre
Room 3-016
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (general)
E-mail: lventre@ohchr.org