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INDONESIA: A 28-year-old man tortured and detained over mistaken identity by Resort Police Belitung Timur

November 16, 2005

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

Urgent Appeal

16 November 2005
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UA-210-2005: INDONESIA: A 28-year-old man tortured and detained over mistaken identity by Resort Police Belitung Timur

INDONESIA: Torture; arbitrary detention; impunity; rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the torture and arbitrary detention of a 28-year-old man, Fitriyanto (Sanep). Sanep was tortured allegedly by police officers attached to the Resort Police Office Belitung Timur, (Markas Kepolisian Resort Belitung Timur), Bangka Belitung on 12 September 2005. The police reportedly forced him to confess to a theft. When the police realized that they had arrested the wrong person, he was released from police custody. After his release, Sanep was confined to the hospital due to his severe injuries.

Although it was reported that the Safe and Profession section (Profesi and Pengamanan), a section of the same police station which investigates abuses by its police officers, has already conducted an investigation - they have not yet released its result. No actions have been taken so far against the policemen involved. It was learned that even though after the victim was confined to a hospital he was not afforded medical assistance for his treatment nor given compensation.

We urge your strong intervention by writing letters to the concerned agencies in Indonesia to ensure that those responsible police officers are brought to the court of law without delay. An independent investigation must be conducted. If the allegations are proven to be true, appropriate charges and sanctions must be filed against them. The victim must also be afforded with appropriate compensation.

Furthermore, please put pressure on the Indonesian government so that any action taken in this case must be in accordance with the provisions of the Convention against Torture (CAT), of which Indonesia is a state party. Domestic legislation must be introduced to make acts of torture a criminal offense without delay.


Urgent Appeals Desk,
Asian Human Rights Commission
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DETAILED INFORMATION:

Name of the victim: Fitriyanto (Sanep), 28-years-old. He is a driver of a motorcycle taxi (Tukang Ojek)
Alleged perpetrators: Some police officers of Resort Police Office Belitung Timur (Mapolres Belitung Timur), Bangka Belitung, Indonesia
Date of incident: 12 September 2005
Place of incident: Resort Police Office Belitung Timur (Mapolres Belitung Timur)

Details of the incident:

At 11am on 12 September 2005, Fitriyanto (Sanep) was waiting for a passenger in Manggar Belitung Bus Terminal. Suddenly, a police officer, whose name was Buya told him that Gantung Sector Police were looking for him. He forced Sanep to go with him to the Resort Police Office in Belitung Timur. In the police office, some of police officers accused Sanep of stealing money worth around Rp. 130.000.000 (USD 12, 967.2428), some gold and a generator from a Gantung resident. Although Sanep professed his innocence, the police began to assault him to make him confess. 

The police officers hit the victim one by one, using their hands, helmet and wood. They hit his face, head, back and legs. The officers then took him in a police car to look for Gajul--the other alleged criminal--and to bring him to the Gantung Resort Police. At the same time, two police officers from Resort Police Belitung Timur (one of them was Simanungkalit) ransacked Sanep's parents' house to search for incriminating evidence. It was done without a search warrant and they did not notify the head of the village.

At 11pm, Sanep's parents came to the Resort Police Belitung Timur to look for their son. They were told by the officers that Sanep had not been arrested and that his whereabouts were unknown by the police. The parents also looked for him at the Gantung Resort Police; when they asked the officers there about Sanep, they were told that the information was confidential and that they should come again tomorrow.

On 13 September 2005, in the morning, Sanep's parents went back to the Gantung Resort Police, but Sanep was moved to the Resort Police Belitung Timur. Finally, at 3pm, his parents and lawyer were able to meet Sanep. He had injuries on his face, head and legs, and could not walk very well. Among the police officers present at the time were Lili, Wahyudi and Buya. Before the officers released the victim, officer Lili apologized to Sanep's parents and said that Sanep was not guilty.

Sanep was then brought to a small hospital (Puskesmas), examined by a doctor and treated with traditional medicine, he was accompanied by his parents and officers Buya and Yuhri. After two hours at home, Sanep suffered acute headaches and threw up. He was then taken to the emergency room in a public hospital (Rumah Sakit Umum Daerah Tanjung Pandan), where he was treated for eight days. As a result of his injuries, Sanep still suffers from severe headaches.

SUGGESTED ACTION:

Please send a letter to the President of Indonesia, the Chief of Police, the National Commission of Human Rights and the Attorney General to demand an immediate and thorough investigation into the involvement of the police officers from Resort Office Belitung Timur in the torture and detention of Sanep.
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SAMPLE LETTER:

Dear___________,

Re: INDONESIA: A 28-year-old man tortured and detained over mistaken identity by Resort Police Belitung Timur

Name of the victim: Fitriyanto (Sanep), 28-years-old. He is a driver of a motorcycle taxi (Tukang Ojek)
Alleged perpetrators: Some of the officer of Resort Police Office Belitung Timur (Mapolres Belitung Timur), Bangka Belitung, Indonesia
Date of incident: 12 September 2005
Place of incident: Resort Police Office Belitung Timur (Mapolres Belitung Timur)

According to the information I have received, on 12 September 2005, Fitriyanto (Sanep) was arbitrary arrested and tortured by some officers of the Resort Police Office Belitung Timur (Mapolres Belitung Timur), Bangka Belitung, Indonesia.

At 11am on that day, Sanep was waiting for a passenger in Manggar Belitung Bus Terminal when he was told by one police officer Buya that the Gantung Sector Police were looking for him. Officer Buya forced Sanep to go with him to the Resort Police Office in Belitung Timur. There, Sanep was accused of stealing money worth around Rp. 130.000.000, some gold and a generator from a Gantung resident. Although Sanep professed his innocence, the police began to assault him to make him confess. 

The police officers hit the victim one by one, using their hands, helmet and wood. They hit his face, head, back and legs. The officers then took him in a police car to look for Gajul--the other alledged criminal--and to bring him to the Gantung Resort Police.
At the same time, two police officers from Resort Police Belitung Timur (one of them was Simanungkalit) ransacked Sanep's parents' house to search for incriminating evidence. The did this without a search warrant and they did not notify the head of the village.

At 11pm, Sanep's parents came to the Resort Police Belitung Timur to look for their son. They were told by the officers that Sanep had not been arrested and that his whereabouts were unknown by the police. The parents also looked for him at the Gantung Resort Police; when they asked the officers there about Sanep, they were told that the information was confidential and that they come again tomorrow.

On 13 September 2005, in the morning, Sanep's parents went back to the Gantung Resort Police, but Sanep was moved to the Resort Police Belitung Timur. Finally, at 3pm, his parents and lawyer were able to meet Sanep. He had injuries on his face, head and legs, and could not walk very well. Among the police officers present at the time were Lili, Wahyudi and Buya. Before the officers released the victim, officer Lili apologized to Sanep's parents and said that Sanep was not guilty.

Sanep was then brought to a small hospital (Puskesmas), examined by a doctor and treated with traditional medicine. He was accompanied by his parents and officers Buya and Yuhri. After two hours at home, Sanep suffered acute headaches and threw up. He was then taken to the emergency room in a public hospital (Rumah Sakit Umum Daerah Tanjung Pandan), where he was treated for eight days. As a result of his injuries, Sanep still suffers from severe headaches.

As I have raised deep concern in this case, I ask your immediate intervention to ensure that the responsible officers attached to the Resort Police Office Belitung Timur (Mapolres Belitung Timur) are brought to justice and that the victim is afforded compensation. I am aware that although the Safe and Profession Body (Profesi and Pengamanan), a section of the same police station that investigates abuses by its officers, has conducted an inquiry they have not released its result yet. An independent investigating body must be established to investigate the case.

I further urge the Indonesian government to comply with its obligations as state party to the Convention against Torture (CAT). Domestic legislation must be introduced to punish the acts of torture in accordance with the Convention.


Yours sincerely,


______________

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PLEASE SEND LETTERS TO:

1. Mr. Susilo Bambang Yudhoyono
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 National Police Republic of Indonesia
Jl. Trunojoyo No. 3
Jakarta Selatan
INDONESIA
Tel.: +62-21-721 8012
Fax: +62-21-720 7277

3. Komisaris Besar Idrus Gasing
Chief of Bangka Belitung Provincial Police
Mapolda Bangka Belitung
Komplek Perkantoran Gubernur Bangka Belitung,
Provinsi Bangka Belitung
INDONESIA
Tel: 62-717-439442

4. Komisaris Polisi Yusron Cahyo, SIK
Chief of Belitung Timur Resort Police
Mapolres Belitung Timur
Manggar Kabupaten Belitung
Provinsi Bangka Belitung.
INDONESIA

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)

6. 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

7. 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)

8. Ms. Manuela Carmena Castrillo
Working Group on Arbitrary Detention
Chairperson
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-210-2005
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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.