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INDONESIA: Lack of effective remedies for 23-year-old torture victim

August 21, 2005

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

22 August 2005
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UA-148-2005: INDONESIA: Lack of effective remedies for 23-year-old torture victim

INDONESIA: Torture; Need for domestic legislation in accordance with CAT
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information from the Initiative for the Development of People's Advocacy (PIAR) in East Nusa Tenggara, Indonesia regarding the illegal detention and torture of 23 year old Alfred Ulu. Alfred was illegally detained by the Kupang police in February 2005, and then sent to the Penfui prison without any trial, where he was tortured by five prison officers. As a consequence, he suffers from total blindness. When this matter was brought to the attention of the authorities, only one of the officers was charged for maltreatment.
 
Please write and demand that this case be reinvestigated, in order that the responsibility of the four other prison officers is established, as well as that of the Kupang police. Moreover, it is inadequate that state officials responsible for such brutality are only tried for maltreatment. The Indonesian government should be urged to comply with its obligations as a state party to the UN Convention against Torture (CAT) and bring its penal code in accordance with the Convention. Unless this is done, not only will there be no effective remedies for victims of such crimes, but there also will not be any way to eliminate the occurrence of such crimes.

Urgent Appeals Desk,
Asian Human Rights Commission
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DETAILED INFORMATION:

Name of the victim: Elfrianus (Alfred) Ulu, 23, student at the Maritime Academy of Kupang, capital of East Nusa Tenggara Province, Indonesia.
Alleged Perpetrators: Yupiter M. Bolla; Ferdinand S. Kiuk; Benyamin Lede Kana; Nelson Hatu Riwu; Yusuf Stefanus Dalla, all prison officials of the Penfui Correctional Institution, Kupang
Place of the Incident: Penfui Correctional Institution, Kupang
Date of the Incident: 5-8 March 2005

Details of the Incident:

On 23 February 2005, at 10pm, Alfred Ulu was detained at the Kupang district police station for allegedly maltreating his girlfriend Yuni Cangri, however, he was only given an arrest letter on February 26 (No. SPHan/59/III/2005/Polresta Kupang). Alfred was detained at the police station until March 5, when he was brought to the Penfui prison. This was done in violation of arrest and detention procedures; the victim was not brought before any judge and was not formally sentenced to a prison term.

From March 5-8 Alfred was brutally tortured by the above named prison officers. He was beaten, kicked, hit with various objects including blocks of wood, chairs and a door handle. As a result, Alfred suffered from swellings on his face, feet and hands, a bleeding nose, numerous bruises and disturbances of his eye-sight. His requests for medical attention were ignored, until he was finally brought to the Bhayangkara hospital in Kupang on March 26 in a state of unconsciousness.

The medical examination revealed that Alfred's optical nerve had been damaged. On April 2, the victim's family reported the incident to the Kupang district police. After repeated pressure from PIAR and other concerned groups, the Director-General for Prisons and the East Nusa Tenggara office of the Ministry of Justice and Human Rights agreed to bear the medical costs and on May 6 Alfred was brought to the Cipto Mangunkusumo hospital in Jakarta. The examinations there found that he was suffering from a brain infection that caused his loss of eye-sight, and that he could not be operated on, but would have to be treated only through medication. On May 31 he was brought back to Kupang, however, until today he suffers from blindness. It is not clear if further medical treatment will help, or who will bear the cost.

In July 2005 the Kupang district police officially declared Yupiter M. Bolla as a suspect in Alfred's torture. On August 5, Chief of district police Mr Agus Nugroho stated that due to the lack of evidence and witnesses, no other persons could be charged as suspects. Furthermore, he claimed that Yupiter Bolla had confessed to having carried out the torture alone. On August 9 state attorney Mr Hindiyana, stated that the investigation of Yupiter Bolla was complete and that he would be charged for maltreatment under paragraph 351, article 2 of the Indonesian penal code (KUHP).

The AHRC is greatly concerned that the police and public prosecutors seem to be ignoring the responsibility of the four other prison officials in the torture of Alfred. Similarly, no disciplinary or legal action has been taken against the Kupang police for illegally arresting and detaining Alfred and sending him to the Penfui prison. The prison itself must also be investigated, as according to PIAR, arbitrary violence against its detainees by prison officials is common. There is information of two other cases of torture, both resulting in the death of the victims: Yakob Sina was tortured to death in September 2002, as was Popy Amheka in 2004. Popy was pregnant at the time.

Finally, the AHRC is also concerned that the Indonesian penal code as yet lacks a proper definition of torture in keeping with the provisions of the UN Convention against Torture. Unless these provisions are complied with, there will be no improvement in the human rights situation within the country; victims of such human rights violations will have no recourse to effective remedies and there will be no way to eliminate the occurrence of such violations.

SUGGESTED ACTION:
Please ask the authorities below to ensure justice for the victim by prosecuting and punishing all the perpetrators. Suitable compensation and medical treatment must also be given to the victim.
 
Sample letter:


Dear___________,

Re: INDONESIA: Lack of effective remedies for 23-year-old torture victim

Victim: Elfrianus (Alfred) Ulu, 23, student at the Maritime Academy of Kupang, capital of East Nusa Tenggara Province.
Alleged perpetrators: Yupiter M. Bolla; Ferdinand S. Kiuk; Benyamin Lede Kana; Nelson Hatu Riwu; Yusuf Stefanus Dalla, all prison officials of the Penfui prison, Kupang
Place of the Incident: Penfui Correctional Institution, Kupang
Date of the Incident: 5-8 March 2005

I am gravely concerned by the illegal detention and torture of 23-year-old Alfred Ulu and the subsequent legal proceedings.

According to the information I have received, Alfred was illegally arrested and detained by the Kupang police on 23 February 2005. The police sent him to the Penfui Correctional Institute on March 5, where he was brutally tortured by five prison officers (named above) until March 8.

During that time Alfred was beaten, kicked, hit with various objects including blocks of wood, chairs and a door handle. As a result, Alfred suffered from swellings on his face, feet and hands, a bleeding nose, numerous bruises and disturbances of his eye-sight. His repeated requests for medical attention were ignored, until he was finally brought to the Bhayangkara hospital in Kupang on March 26 in a state of unconsciousness. The medical examination there revealed damage to his optical nerve. Further examinations found that he was suffering from a brain infection, which was the cause of his blindness. Till today, Alfred's eye-sight has not returned.

After this incident was brought to the attention of the Indonesian authorities, the Kupang district police officially declared Yupiter M. Bolla as a suspect in July 2005. Chief of district police M. Agus Nugroho stated that due to the lack of evidence and witnesses no other persons could be charged as suspects. Furthermore, he claimed that Yupiter Bolla had confessed to having carried out the torture alone. On August 9 state attorney Mr Hindiyana, stated that the investigation of Yupiter Bolla was complete and that he would be charged for maltreatment under paragraph 351, article 2 of the Indonesian penal code (KUHP).

I am greatly concerned that the police and public prosecutors seem to be ignoring the responsibility of the four other prison officials in the torture of Alfred. Similarly, no disciplinary or legal action has been taken against the Kupang police for illegally arresting and detaining Alfred and sending him to the Penfui prison. The prison itself must also be investigated, as according to PIAR, arbitrary violence against its detainees by prison officials is common. Therefore, I urge you to use your authority to ensure that this case is reinvestigated and all these aspects looked into. Suitable compensation and medical assistance must also be given to the victim.

Furthermore, the Indonesian penal code as yet lacks a proper definition of torture in keeping with the provisions of the UN Convention against Torture. Unless these provisions are complied with, there will be no improvement in the human rights situation within the country.

Yours sincerely,


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PLEASE SEND LETTERS TO:

1. Gen. Sutanto
Chief of Police
Jl. Trunojoyo No. 3
Jakarta Selatan
INDONESIA
Tel.: +62-21-721 8012
Fax: +62-21-720 727

2. Brig.-Gen. Eduard Aritonang
Head of the East Nusa Tenggara Provincial Police
Jl. Jendral Soeharto
Naikoten I
East Nusa Tenggara
INDONESIA
Tel. +62-380 821643
Fax. +62-380 833132

3. 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

4. Mr. Anthony Silitonga
Head of the East Nusa Tenggara Regional Office for Justice and Human Rights
Jl. WJ Lalamentik No. 98
Kupang
INDONESIA
Tel: +62-380 833101
Fax: +62-380 821126

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. 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

7. 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

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)


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
Document Type :
Urgent Appeal Case
Document ID :
UA-148-2005
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.