INDONESIA: Arbitrary arrest, detention and torture of four persons during the “investigation” into the 28 May-terrorist bombing in Poso, Sulawesi 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-140-2005
ISSUES: Arbitrary arrest & detention,

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from the Commission for the Disappeared and Victims of Violence (Kontras) and the Institute for the Development of Legal and Human Rights Study (LPSHAM) about the torture of at least four persons in the wake of the investigation of the May 28 bombings in Tentena, Poso District, Central Sulawesi Province, Indonesia. The victims were tortured in various ways by officers from the paramilitary Police Mobile Brigade (Brimob), the Anti-Terror Detachment 88, the ‘Buru Segap’ units of the Central Sulawesi Provincial Police (Polda) and the District (Polres) Police of Poso, as well as officers of the Police Intelligence Service (Intelkam) of Central Sulawesi Provincial Police and the District Police. The “operation” was lead by Police Commissioner Rikynaldo, who is the vice chief of the Poso District Police.

The AHRC urges you to intervene in this matter and demand a prompt, impartial and thorough police investigation so that the perpetrators are brought to justice.

Urgent Appeals Desk,
Asian Human Rights Commission

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DETAILED INFORMATION:

Victims: Jumaedi (25), Jumeri (23), Mastur Saputra (25), Sutikno (23), farmers from Pandajaya Village, South Pamona Subdistrict (Kecamatan), Poso District (Kabupaten), Central Sulawesi Province
Alleged perpetrators: Police Commissioner Rikynaldo, CH Sik, Vice Chief of the Poso District Police (Polres Poso)
Officers of the Police Mobile Brigade (Brimob) of the Central Sulawesi Provincial Police, the Anti-Terror Detachment 88 of the National Police, the ‘Buru Segap’ units of the Central Sulawesi Provincial Police and the Poso District Police, as well as officers of the Police Intelligence Service (Intelkam) of the Central Sulawesi Provincial Police and the Poso District Police
Places of incidents: 1. Pandajaya Village, South Pamona Subdistrict, Poso District, Central Sulawesi Province;
2. Hotel Mulia – Pendolo, Pendolo Village, South Pamona Subdistrict, Poso District, Central Sulawesi Province;
3. Poso Lake, Pendolo Village, South Pamona Subdistrict, Poso District, Central Sulawesi Province;
4. Subdistrict Police Station Pendolo;
5. District Police Station of Poso
Date of incidents: 1 – 10 June 2005

Details of the incidents:

CASE OF JUMAEDI:

On 1 July 2005, at about 8am, police officers from the South Pamona Subdistrict Police led by Subdistrict Police Chief Wusuk, went to the house of Jumaedi in a truck of the Police Mobile Brigade (Brimob). Upon entry, the officers ransacked the house without displaying a permit and took several personal documents with them. Jumaedi was then arrested, again without being shown any permit or arrest letter, and taken to the Pendolo Sectional Police Station. There he asked for a search permit and arrest letter, but this was denied and he was forced to sign an arrest letter without having read it. He was then taken to Hotel Mulia, Pendolo Village to be interrogated.

At Pendolo Village, Jumaedi was interrogated by an unidentified officer of – according to the victim- Balinese ethnicity, and several other officers from the Poso District Police. The investigating officer tried to force Jumaedi to confess that he had stayed in Tentena the night before the bombing. After about 1 ½ hours, the victim was handed another arrest letter which he was ordered to sign. After signing, his hands were tied together. While being tied, Jumaedi saw Police Commissioner Rikynaldo and several Brimob officers. Jumaedi, Mastur Saputra and at least four others were then ordered to sit down inside a truck of the Police Mobile Brigade (Brimob). They were then taken to the Poso District Police Station.

Jumaedi was interrogated again for several hours. The interrogator (BAP), who was wearing civilian clothes, tried to force him to confess involvement in the bombing in Tentena. Later, he also tried to force him to confess involvement in earlier violence in Mamasa, and that he had brought explosive material to a person called Saifullah. Jumaedi’s refusal to confess was followed by beatings on his mouth, fingers and chest. His solar plexus and stomach were punched when he answered too slow in the opinion of the interrogating officer. He was beaten at least four times. The interrogating officer reportedly told the victim that “there are no human rights here”. The interrogating officer also refused the victim an attorney, stating that this would slow down the investigation. The next day, he was interrogated again until late afternoon. He was intimidated and refusals to confess what he was ordered to were followed by repeated assaults. As punishment for his refusal to confess, Jumaedi was given food only once during the four days he was interrogated. The victim was detained until 10 June 2005, at which point he returned to his family.

CASE OF JUMERI:

On 1 July 2005, at about 3pm, Jumeri was cutting cocoa fruits in his field when Mobile Brigade Officers of the Central Sulawesi Provincial Police lead by Police Commissioner Rikynaldo went to his field, arrested him and took him to Hotel Mulia in Pendolo.

In the hotel Jumeri was interrogated by police officers who tried to force him to confess involvement in the 28 May bombing in Tentena, Poso. Because he refused to make this false confession, Jumeri was severely beaten. He was then hung by his feet and beaten by at least 15 persons in civilian clothes. According to the information received, from the clothes they wore the 15 persons are suspected to be local gangsters (preman), who are often used and paid by the security forces to do the “dirty work”. After that, Jumeri was again interrogated by police officers of the national police, who tried to force him to confess his involvement in other attacks, which were carried out in the Mamasa Regency in 2004 and 2005. His refusal to confess was again followed by severe assaults. At nightfall he was brought to and detained at the Pendolo Sectional Police Station.

On 2 June 2005, Jumeri was taken to his field in Pandajaya Village by officers from the National Police and Police Commissioner Rikynaldo. There he was given a pickaxe and ordered to dig a whole without knowing what for. After digging an approximately one meter deep hole, Jumeri was ordered to enter the hole. Upon refusal, the officers, who were from the National Police, kicked him until he fell into the hole. The officers then filled in the hole until Jumeri was buried up to his neck. Police Commissioner Rikynaldo laughed and said: “We told you to confess”, and then hit his head with the handle of a pickaxe. Jumeri was then forced to eat raw chili, intimidated with four rifles being pointed at his head, and ordered to get up, which was impossible because he was buried inside the hole. After about 30 minutes he was freed and taken to a nearby river where he was pushed into the water four times. At about 10am Jumeri was taken to the South Pamona Sectional Police Station in the town of Pendolo. On the way there he was continuously beaten by Police Commissioner Rikynaldo. He was kept there until night.

The same night, June 3, Jumeri was taken in handcuffs to the Tentena Sectional Police Station. At 5am he was taken to the District Police Station in Poso. There he was interrogated, intimidated and tortured by officers of the National Police, who threatened him and tried to force him to confess to having carried out the Tentena bombing. Upon refusal to confess, he was severely assaulted by the officers. The interrogation went from early afternoon until night. On June 10, Jumeri was freed by the Poso District Police because it was impossible to prove involvement in the 28 May bombing at Tentena. He is now staying with his family.

CASE OF MASTUR SAPUTRA

On 1 June 2005, at about 6.30am, several persons in civilian clothes went to the house of Mastur Saputra. Saputra was woken up by the noise they made at the door, and was forced to go with them without having even washed himself.

Saputra was then taken to Hotel Mulia in a ‘kijang’-type Jeep by five persons in civilian clothes. At about 9am he was interrogated and tortured by the same persons, who tried to force him to confess involvement in the Tentena bombing. While being interrogated he was intimidated, his head was covered with a plastic bag, and he was strangled with a plastic string. He was then beaten in the stomach three times, and a fourth blow hit his solar plexus so that he fell unconscious. He was then taken to another room where he was slapped and his hands were trampled on. He was slapped again until he could not hear anything. After that, his hands were tied and he was taken to the Poso District Police Station in a truck of the Police Mobile Brigade (Brimob) together with seven other persons, including Jumaedi.

On 2 June 2005, he was interrogated and intimidated from 11am until about 2am by a person known as Suparman. After several days in a cell in the Poso District Police Station, Saputra and five others were taken to Mamasa in a kijang-type jeep. There he was interrogated and intimidated in an attempt to confess his involvement in riots that had happened earlier. After that, he was taken back to Poso, and from there to Pendolo, where he signed an arrest letter. Mastur Saputra was freed on 10 June 2005 and is now staying with his family.

CASE OF SUTIKNO:

On 1 June 2005, at about 3 pm, Sutikno was arrested and taken to Hotel Mulia in Pendolo. Before being taken to the hotel, he was beaten, and after asking for an arrest letter, beaten again. At the hotel, he was ordered to walk in a squatting position. Then he was taken into a room of the hotel and interrogated about a bomb he allegedly had possessed. There he was beaten several times by the interrogating officers.

At about 6.30pm, he was taken to Poso Lake, where he was forced to strip and remain in the water for about two hours. He was then ordered to walk in a circle. Failure to walk in a circle was followed by repeated beatings. Sutikno was then ordered to climb up a tree. While up in the tree, his bottom was pushed with rifles to intimidate the victim. After that he was taken to the Pendolo Sectional Police Station, where he was kept for two nights, and then he was taken to the Poso District Police Station, where he experienced more abuse during interrogations.

From 7 July until 13 July, the Poso District Court conducted a pretrial in the cases of Jumeri and Mastur Saputra (Case-No. 02/Pra.Pid/2005/PN.PS), and of Jumaedi and Sutikno (03/Pra.Pid/2005/PN.PS). However, the District Court only accepted charges of arbitrary arrest and search without permit that were filed against the National Chief of Police, the Provincial Chief of Police, the Poso District Chief of Police and the South Pamona Sectional Chief of Police. The rejection of the charges of torture and arbitrary detention was justified on the ground that they do not fall under the jurisdiction of the District Court. The case was also reported to the National Human Rights Commission (Komnas HAM).

SUGGESTED ACTION:

Please send a letter to the responsible government authorities, demanding an immediate and thorough investigation into this matter so that those responsible are brought to justice and disciplinary action is taken against them.

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To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear___________,

Re: INDONESIA: Police torture of four persons in the “investigation” into the 28 May-terrorist bombing in Poso, Sulawesi

Victims: Jumaedi (25), Jumeri (23), Mastur Saputra (25), Sutikno (23), farmers, and other citizens of Pandajaya Village, South Pamona Subdistrict, Poso District, Central Sulawesi Province 
Alleged perpetrators: Police Commissioner Rikynaldo, CH Sik, Vice Chief of the Poso District Police (Polres Poso)
Officers of the Police Mobile Brigade (Brimob) of the Central Sulawesi Provincial Police, the Anti-Terror Detachment 88 of the National Police, the ‘Buru Segap’ units of the Central Sulawesi Provincial Police and the Poso District Police, as well as officers of the Police Intelligence Service (Intelkam) of the Central Sulawesi Provincial Police and the Poso District Police
Places of incidents: 1. Pandajaya Village, South Pamona Subdistrict, Poso District, Central Sulawesi Province; 
2. Hotel Mulia – Pendolo, Pendolo Village, South Pamona Subdistrict, Poso District, Central Sulawesi Province; 
3. Poso Lake, Pendolo Village, South Pamona Subdistrict, Poso District, Central Sulawesi Province;
4. Subdistrict Police Station Pendolo;
5. District Police Station of Poso
Date of incidents: 1-10 June 2005

I am shocked to learn about the arrest and torture of the four above-mentioned victims from Pandajaya Village, South Pamona Subdistrict, Poso District, Central Sulawesi Province, Indonesia. The victims were arbitrarily arrested, brutally tortured and illegally detained in order to force them to confess involvement in the bombings in Tentena, Poso, which were carried out on 28 May 2005. The four persons, however, despite their horrific torture, denied any involvement in these bombings and insist that they are ordinary farmers. The operation was lead by Police Commissioner Rikynaldo, the Vice Chief of the Poso District Police.

Following their torture and detention, from 7 July until 13 July, the Poso District Court conducted a pretrial in the cases of Jumeri and Mastur Saputra (Case-No. 02/Pra.Pid/2005/PN.PS), and of Jumaedi and Sutikno (03/Pra.Pid/2005/PN.PS). However, the District Court only accepted charges of arbitrary arrest and search without permit that were filed against the National Chief of Police, the Provincial Chief of Police, the Poso District Chief of Police and the South Pamona Sectional Chief of Police. The rejection of the charges of torture and arbitrary detention was justified on the ground that they do not fall under the jurisdiction of the District Court. The case was also reported to the National Human Rights Commission (Komnas HAM).

I am deeply disappointed to learn about these severe violations of human rights. It can not be that basic human rights are compromised in the investigation into terrorist acts, however guilty or innocent the victims are. It also disturbs me as to how many other people may have been interrogated in a similar fashion to these four persons.

I therefore request your immediate intervention in this matter. I urge you to ensure that an immediate, thorough and impartial investigation into the arbitrary arrest, detention and torture of Jumeri, Mastur Saputra, Jumaedi and Sutikno is conducted in order to identify, discipline and bring to justice those responsible for these crimes.

Yours sincerely,

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PLEASE SEND LETTERS TO:

1. Mr. Susilo Bambang Yudhoyono 
President 
Republic of Indonesia 
Presidential Palace 
Istana Negara 
Jakarta
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. Brig.-Gen. Arianto Sutadi
Central Sulawesi Provincial Chief of Police 
Jl. Sam Ratulangi No. 46
Palu
Central Sulawesi
INDONESIA
Tel/Fax: +62-451-421555
Mobile: +62-811-892399

4. Mr. Mohammad Sholeh
Poso District Chief of Police 
Jl. Pulau Sumatra
Poso
INDONESIA
Tel: +62-452-21335
Fax: +62-452-21089
Mobile: +62-813-4115 2662

5 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

6. 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

7. 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

8. 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)

9. Ms Manuela Carmema Castrillo
Working group on arbitrary detention
C/o OHCHR-UNOG, 
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006


Thank you.

Urgent Appeals Programme 
Asian Human Rights Commission (AHRC)

Document Type : Urgent Appeal Case
Document ID : UA-140-2005
Countries : Indonesia,
Issues : Arbitrary arrest & detention,