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INDONESIA: A man died of brutal torture following his release from military custody in Central Jakarta

November 18, 2005

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

Urgent Appeal

18 November 2005
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UA-213-2005: INDONESIA: A man died of brutal torture following his release from military custody in Central Jakarta

INDONESIA: Torture; illegal arrest and detention; rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information from Perhimpunan Bantuan Hukum dan Hak Asasi Manusia Jakarta (PBHI Jakarta), a human rights organization in Jakarta, Indonesia that a 51-year-old man, Bagus Ariyanto, died after he was brutally tortured by a group of army officers attached to the Detachment Supplies and Transportation Jaya Raya 44-12, TNI AD (Denhar 44-12, TNI AD) from 15 to 16 October 2005.

Bagus was arrested from his village in Tambak Street, Central Jakarta on October 15 on suspicion that he stole a bicycle owned by an army officer. He was then taken to the detachment. According to residents living close to the detachment, they saw Bagus stripped naked, forced by the officers to do push ups, run and other exhausting physical movement. He was also seen tied to a pillar.

On October 16, Bagus was picked-up by his relatives at the detachment. The military officers demanded Rp. 270,000.00 Indonesian rupiah (USD 27) from them before they released Bagus as payment for the bicycle. Bagus was in poor condition and his body had traces of severe injuries. He could not even walk properly. Bagus died in his home the next day. Bagus' relatives were not able to bring him to a hospital for treatment because they had no money.

After he was buried on October 18, the station commander of the Detachment Supplies and Transportation Jaya Raya went to the relatives of the victim. The commander handed over Rp 1,200,000 (USD 120) to them and demanded that they sign a letter stating they would not file charges. They received the money and signed the statement because they were promised an investigation.

This is yet another case of victims being arrested illegally, illegally detained and tortured while in custody of government forces occurring in Indonesia. The AHRC recently reported the torture of a man over mistaken identity (UA-210-2005). He was not afforded medical treatment and compensation. In most cases, efforts are being made by high ranking officials to conceal the incident.

We urge your strong intervention to pressure the concerned government agencies in Indonesia, in particular the Office of the Military Police to ensure that criminal charges are filed against the perpetrators before a court of law. The army officers of the Detachment Supplies and Transportation Jaya Raya, including its station commander, must be investigated to look into allegations of bribing the victim's relatives for them not to pursue cases. Charges must be filed against any army officers if allegations are true that there was conspiracy to hush up the case.

Further, please also ask that protection and appropriate assistance to the victim's relatives is also afforded in pursuing their case in court. They must be free of harassment and intimidation, including those witnesses to the crime who will surface, in seeking justice for the victim in prosecuting the perpetrators.

Any action taken in this case must be in accordance with the provisions of the Convention against Torture (CAT), of which the Indonesia government is a state party. Domestic legislation must be introduced in Indonesia 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: Bagus Ariyanto (51)
Alleged perpetrators: Army officers attached to the Detachment Supplies and Transportation Jaya Raya 44-12, TNI AD (Denhar 44-12, TNI AD), Jakarta Indonesia - 10 persons are military officers, 1 person is a civilian employed in this office.
Date and place of incident: 15 to 16 October 2005 at the Army Station of Detachment Supplies and Transportation Jaya Raya (Denbekang Jaya Raya)

Case details:

On 15 October 2005 at 09.30 am, Bagus Hariyanto was arrested by a group of Army officers at Tambak Street Central Jakarta. He was accused of stealing a bicycle which was owned by an army officer. Bagus was brought to the station of Detachment Supplies and Transportation Jaya Raya.

According to the neighbors who witnessed the incident at the station of Detachment Supplies and Transportation Jaya Raya, the perpetrators denuded and forced him to run and do some push ups, and tied him to a pillar. The army had not informed the family that they kept Bagus at their station. Regarding the information from witnesses, at 2 pm Bagus’s Family went to the detachment and asked for information about Bagus. When the family saw Bagus, they knew he was a bad condition.

Bagus was released on October 16 after his family gave Rp. 270.000.00 - (27 USD) as payment for the bicycle. At that time Bagus’s entire body was full of injures, blister husk, broken hand and a lead bump. He could not walk well. It was learned that his heart is no longer beating normal. On October 17, Bagus died in his home. He was not taken to a hospital for treatment because his family did not have money to bring him to the hospital.

In the evening, the family reported the incident to the Detachment Supplies and Transportation Jaya Raya 44-12, TNI AD. Lieutenant Colonel M Hafil Aminuddin, a representative of the detachment group Denhar Jaya 44-12. He has apologized to the Bagus family and promised to investigate the case.

On October 18, after the burial of Bagus, the Commander came and gave money worth Rp. 1.200.000 (120 USD) to express condolences to the family. But he demanded the family should sign a letter stating that they will not sue the army officers and that he promised to conduct an investigation. But the Head of public relation of Jakarta Military Regional Command, Lieutenant Colonel Apang Sopandi, told the press that Bagus died because due to an overdose.

On October 12 2005, the Jakarta Military Regional Command exhumed the victim's body and performed the autopsy. The result of the autopsy proved that the victim was attacked by hard object to his head and his bones had been broken, which was contrary to the report of Lieutenant Colonel Apang.

On 24 October 2005, League of Young Kesatriaan (Ikatan Remaja Kesatriaan) – the young people who live in Bagus’s village - reported to the National Police of Republic Indonesia, regarding the torture to Bagus. But no action has been taken so far against the civilians who were involved. On October 27, Indonesia Legal Aid and Human Rights association regional Jakarta (PBHI-Jakarta) assisted the family to make a complaint about the torture case to the Military Police (Pomdam Jaya).

The latest information that received that the Military Police have already conducted an investigation and announced that 10 persons involved in the case have been detained in the Military Police Office and are undergoing investigation.

SUGGESTED ACTION:

Please send a letter to the President of Indonesia, the Commander of the Military Police, the Chief of National Police and the National Commission of Human Rights to ensure that criminal charges against the perpetrators are filed before the court of law without delay. An investigation must also be conducted into the alleged involvement of some military officers to conceal the case.

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SAMPLE LETTER:

Dear___________,

Re: INDONESIA: A man died of brutal torture after his release from military's custody in Central Jakarta

Name of the victim: Bagus Ariyanto (51)
Alleged perpetrators: Army officers attached to the Detachment Supplies and Transportation Jaya Raya 44-12, TNI AD (Denhar 44-12, TNI AD), Jakarta Indonesia - 10 persons are military officers, 1 person is a civilian who work in this office.
Date and place of incident: 15 to 16 October 2005 at the Army Station of Detachment Supplies and Transportation Jaya Raya (Denbekang Jaya Raya)

According to the information I have received, on 15-16 November 2005, Bagus Ariyanto died after being released by the group of army officers attached to the Detachment Supplies and Transportation Jaya Raya 44-12, TNI AD (Denhar 44-12, TNI AD), Jakarta, who allegedly brutally tortured him while in custody.

I have learned that from October 15 to 16, the army officers involved arrested the victim and accused him of stealing a bicycle which was owned by an of army officer. He was then taken to the military's station where he was brutally tortured. While inside the station of Detachment Supplies and Transportation Jaya Raya, Bagus was stripped naked, forced to run and do push ups and was tied to a pillar.

I am aware that it was only on October 16, at around 2 pm when Bagus was release to his family. However, I was shocked to learn that the army officers who are taking custody demanded Rp. 270.000. - (USD 27) from the poor victim's family a payment for the bicycle he is suspected of stealing. When Bagus was released, his entire body was full of injures, blister husk, broken hand and lead bump. He could not walk well. On October 17, Bagus died in his home.  His family was not able to take him to hospital because they have no money.

I have also learned that the Commander bribed the victim's relatives by giving them Rp. 1.200.000 (120 USD) and demanded that they sign a letter stating that they are no longer pursuing charges against the army officers. He was able to convince them because he promised to investigate.  There are also reports of an effort to cover-up the torture incident.  It was reported that Lieutenant Colonel Apang Sopandi, Head of public relations of Jakarta Military Regional Command, has said the victim died of an overdose, which was contrary to the finding of the autopsy report by Jakarta Military Regional Command.

Although 10 persons involved have already be arrested and detained in the Military Police Office, I am deeply concerned that no criminal charges have been filed against them yet in the court of law.

As I have raised deep concern in this case, I ask for your immediate intervention to ensure that the responsible military officers attached to the station of Detachment Supplies and Transportation Jaya Raya Jakarta are brought to justice, and that investigation is also made regarding allegations of a cover-up by some police and military officials. The family of the dead must also be afforded with compensation and protection in pursuing the case in court.

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 acts of torture in accordance with the Convention.

Yours sincerely,

______________
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PLEASE SEND LETTERS TO:

1. 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

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. 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

PLEASE SEND COPIES 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. 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)

3. 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: urgent-action@ohchr.org


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (AHRC)

Document Type :
Urgent Appeal Case
Document ID :
UA-213-2005
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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.