Dear friends,
The Asian Human Rights Commission (AHRC) has received information from its local partner in Jakarta regarding a case in which a young man, Kurniawan, was allegedly tortured by police officers at Tegal police headquarters, on 3 May 2007. He was allegedly tortured in an attempt to force him to confess to a case of sexual harassment.
CASE DETAILS:
At around 7:30pm on 3 May 2007, Kurniawan had just taken his friend home using a bicycle to Mintaragen Village, Tegal, when he saw a woman riding a bike. From her appearance, Kurniawan believed the woman to be his girlfriend, Dewi. He then approached her and touched her body, but when the woman turned to face him, it was in fact not his girlfriend, but another woman by the name Dwi Astuti. He tried to move away from her, but she grabbed him and they both fell off their bicycles. The woman began to yell for help and subsequently around 10 men came to the location and started to beat Kurniawan, whom they believed to be an assailant. A couple of policemen nearby arrested Kurniawan and took him to the Tagal police headquarters.
At the Tagal police headquarters, the police officers kicked his chest and placed both his feet under the legs of the table while the policemen sat on top of the table. This was done to force a confession and to charge him on a crime against obscenity and assault of the chastity of a woman. After obtaining his confession the police detained him.
Kurniawan is unable to identify the police officers because they were not in uniform during the interrogation. Meanwhile, Kurniawans family was able to visit him in jail on 7 May 2007, but the visiting times were limited by the police. Kurniawans family has received a detention warrant from Tegal resort police on 22 May 2007 in which the Tegal attorneys office extended his detention.
Kurniawans family has not filed a formal complaint to Komnas Ham (National Human Rights Commission) or to the police fearing further negative repercussions from the authorities.
SUGGESTED ACTION:
Please write to the authorities listed below expressing your grave concern regarding the torture suffered by Kurniawan. The authorities must use all legal means to assure that a credible and proper investigation is conducted to guarantee that the perpetrators are effectively prosecuted. The victim must also be afforded appropriate compensation without further delay. The AHRC has already written a separate letter to the United Nations Special Rapporteur on the Question of Torture for his consideration.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
INDONESIA: Young man tortured in police station at Tegal, Central Java
Name of the victim: Kurniawan (Iwan), 23 years old
Alleged perpetrators: Unidentified police officers of Tegal police headquarters, Central Java
Date of incident: 3 May 2007 until recently; the torture is allegedly stopped
Place of incident: Detention room of Tegal police headquarters, Central Java
I am writing to voice my deep concern regarding the torture case suffered by Kurniawan. According to the information that I received, Kurniawan was arrested on 3 May 2007 following a sexual harassment act that he allegedly committed against a woman by the name of Dwi Astuti. After being beaten by a mob of 10 people who suspected him to be a sexual assailant, Kurniawan was taken to Tegal police headquarters by the police nearby.
I am further informed that Kurniawan was interrogated by the police without a lawyer present or his rights being read to him. In order to charge Kurniawan with the crime against decency (sexual harassment, rape, assault of chastity, etc), they forcibly obtained a confession from him through the means of torture. I am also informed that the police kicked his chest and then they placed both his feet under the legs of the table while the policemen sat on top of the table. The victim is unable to identify the perpetrators because the policemen were not in uniform during interrogation. I have also been notified that the family is given limited time by the police to visit Kurniawan while he is detained.
I am deeply concerned that the due process of the law was not conducted in this case by the police officers. The alleged policemen did not follow the formal procedures and rights of individuals at the different stages of investigation and trial. Since Indonesia is a signatory to the International Covenant on Civil and Political Rights (ICCPR), it has a duty to uphold the rights of the suspect or defendant to a fair trial. According to Article 14, the defendant has a right not to be compelled to testify against himself or to confess guilt. However, in this particular case torture was used on the suspect to obtain a confession.
The Indonesian government has ratified the Convention against Torture in 1998 but has so far refused to pass appropriate legislation criminalizing torture. To prevent future torture cases, the government must immediately pass proper legislation to ensure that legal punishment be placed on anyone, especially government authorities, from applying this form of ill-treatment on individuals.
I understand that Indonesias Criminal Procedure Code still falls short of international law and standards. Several of its provisions still lacks the crucial safeguards to protect the suspect from abuses of torture and arbitrary detention. Therefore, I urge the Indonesian government to revise the Criminal Procedure Code in order to guarantee the right to a fair trial in law and practice. Moreover, there should be a provision that ensures that an individual is not unjustly punished, detained or subject to torture and ill-treatment. One way to prevent such abuses is by requiring that any person who is arrested must be promptly brought before a judge to determine the legality of the arrest or detention, and the suspect must be read his rights, especially the right to a lawyer, before he is interrogated by the police. If the Indonesian government is serious about ending the culture of impunity, it will ensure that fair trial standards are fully implemented at all stages of the investigation and trial procedures.
I therefore urge you to ensure that an effective and proper investigation in this case is conducted, and to drain all means to locate the alleged perpetrators attached to the Tegal Police Headquarters, so that they can be prosecuted. If Kurniawan is found guilty on the grounds of torture by the police, the charge should be denied by the court. Compensation to the victim should be also a matter of concern.
I also urge the government re-elected as a member of Human Rights Council to show its sincerity to protect and uphold the highest standards of human rights for its citizens by proving to make its pledges into reality, in particular to guarantee that perpetrators in this case are held to account and victim’s family can obtain redress. More importantly, flagrant abuses by persons in authority should not be tolerated.
I look forward to your prompt and effective response in this matter.
Yours sincerely,
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PLEASE SEND YOUR LETTERS 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
Email: presiden@ri.go.id
2. Mr. Hendarman Supandji
Attorney General
Kejaksaan Agung RI
Jl. Sultan Hasanuddin No. 1
Jakarta Selatan
INDONESIA
Tel: + 62 21 7221337, 7397602
Fax: + 62 21 7250213
Email: postmaster@kejaksaan.or.id
3. Gen. Sutanto
Chief of National Police
Jl. Trunojoyo No. 3
Jakarta Selatan
INDONESIA
Tel: +62 21 721 8012
Fax: +62 21 720 7277
Email: polri@polri.go.id
4. Mr. Abdul Hakim Garuda Nusantara
Chairperson
National Human Rights Commission (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. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Safir Syed
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (ATTN: SPECIAL RAPPORTEUR TORTURE)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)
