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INDONESIA: Custodial torture of ten men by Central Sulawesi Provincial Police

December 16, 2005

 
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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal

16 December 2005
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UA-239-2005: INDONESIA: Custodial torture of ten men by Central Sulawesi Provincial Police

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 Commission for the Disappeared and Victims of Violence Sulawesi (Kontras Sulawesi) and the Institute for the Development of Legal and Human Rights Study (LPSHAM) regarding police torture of 10 suspects on 25 October 2005. The 10 men are suspected of killing three police officers in a clash between police and villagers in the hamlet of Salena (Dusun Salena), Kelurahan Buluri, Kota Palu, Central Sulawesi.

The ten men were arrested as suspects and detained under Indonesia's penal code and emergency law. During the investigation, officers at the Central Sulawesi Provincial Police Office tortured the 10 victims in various ways and threatened to shoot them if they made any sound during the process. Furthermore, the suspects were only given meals twice daily, both consisting of rotten food. They were only allowed limited access to their families.

The torture of criminal suspects is common in Indonesia. The AHRC urges you to intervene in this matter and demand a prompt, impartial and thorough investigation so that the perpetrators are brought to justice. Owing to the gravity of the crime the punishment should not be confined to disciplinary action alone. We also urge you to ask the Indonesian government to comply with its obligations as a state party to the UN Convention against Torture (CAT) and bring it’s the penal code into accordance with the CAT. 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 Programme
Asian Human Rights Commission
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DETAILED INFORMATION:

Victims: Sahidu (30), Hasanudin (40), Bambang (21), Lei (35), Nanga (17), Masuna (48), Kahar (21), Raya (29), Asani (45) and Olimin (21), all of whom are farmers from Salena Dusun, Kelurahan Buluri, Kota Palu  Central Sulawesi Province
Alleged perpetrators: Police officers in the Central Sulawesi Provincial Police Office, one of whom is Brigadier (Bripda) Max
Place of incident: Central Sulawesi Provincial Police custody, Jl. Sam Ratulangi Palu, Central Sulawesi
Date of incident: 27 October 2005 until now

Details of the incident:

On October 27 and 28, 312 villagers from Dusun Salena surrendered to the Central Sulawesi Provincial Police Office, where they were interrogated over the killing of three Central Sulawesi Provincial Police officers several days earlier. The police then arrested 11 of the villagers as murder suspects of the three police officers. Ten of them were held in special custody, while one of them was kept separately. The ten villagers who were in special custody were beaten repeatedly, including being hit on their heads with guns and kicked with boots. The police also forced them to do 100 push ups, remove their clothes and hold each others' penises. The suspects were only fed rotten food twice a day.

On 13 December 2005, a complaint of torture was made to the commander of police. Brigadier General Oegroseno, Central Sulawesi Provincial Chief of Police denied that torture had taken place, but promised to investigate the complaint and punish the perpetrators if they were found to have committed torture.

The three police officers that were killed on 25 October 2005, died in a clash between the police and villagers in Dusun Salena, Kelurahan Buluri, Kota Palu, Central Sulawesi. The clash occurred when the police attempted to arrest Madi, the leader of a 'deviant' religious sect and his followers. Madi, who practices traditional self defense medicine, has been accused by the police for spreading heretical Islamic beliefs. Two high ranking officers from the Resort Police (Polresta) of Palu and one officer of the Police Intelligence Service (Intelkam) of the Central Sulawesi Provincial Police were killed in the clash, as was one civilian. The police and military then encircled the village, forcing the villagers to run away. They returned from hiding in the forest and surrendered to the police on October 27-28.

SUGGESTED ACTION:

Please send a letter to the authorities below demand an immediate and thorough investigation into this matter so that those responsible are brought to justice. Suitable compensation must also be given to the victims
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SAMPLE LETTER:

Dear___________,

Re: INDONESIA: Custodial torture of ten men by Central Sulawesi Provincial Police

Victims: Sahidu (30), Hasanudin (40), Bambang (21), Lei (35), Nanga (17), Masuna (48), Kahar (21), Raya (29), Asani (45) and Olimin (21), all of whom are farmers from Salena Dusun, Kelurahan Buluri, Kota Palu  Central Sulawesi Province
Alleged perpetrators: Police officers in Central Sulawesi Provincial Police, one of whom is Brigadier (Bripda) Max
Place of incident: Central Sulawesi Provincial Police custody, Jl. Sam Ratulangi Palu, Central Sulawesi
Date of incident: 27 October 2005 until now

I am gravely concerned about the torture of 10 villagers who have been named as suspects of the killing of three police officers in the clash between police and villagers in Dusun Salena, Kelurahan Buluri, Kota Palu, Central Sulawesi on 25 October 2005. The villagers were arrested between October 27-28.

During the police investigation into the officers' deaths on, the police at the Central Sulawesi Provincial Police Office tortured the 10 victims in various ways and threatened to shoot them if they made any sound during the process.

The ten villagers, who were held in special custody, were beaten repeatedly, including being hit on their heads with guns and kicked with boots. The police also forced them to do 100 push ups, remove their clothes and hold each others' penises. The suspects were only fed rotten food twice a day. Since then, their families have only been allowed limited access to the victims.

On 13 December 2005, a complaint of torture was made to the commander of police. Brigadier General Oegroseno, Central Sulawesi Provincial Chief of Police denied that torture had taken place, but promised to investigate the complaint and punish the perpetrators if they were found to have committed torture.

The torture of criminal suspects is common in Indonesia. Until the Indonesian police are held accountable for such action, there can be no hope for genuine peace and democracy within the country. For this reason, it is essential that Brigadier General Oegroseno's promise materializes into concrete action.

I therefore urge you to exert your authority and ensure that an immediate, thorough and impartial investigation is conducted into this case. Owing to the gravity of the crime, the punishment should not be confined to disciplinary action alone. I also urge you to ensure that compensation is provided to the victims. I further urge you to ensure that the Indonesian government complies with its obligations as a 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.Mr. Susilo Bambang Yudhoyono
President of the Republic of Indonesia
Presidential Palace
Jakarta Istana Negara
INDONESIA
Tel: +62 21 384 5627 ext. 1003
Fax: +62 21 345 7782, 345 2685

2. Gen. Sutanto
Chief of National Police
Jl. Trunojoyo No. 3
Jakarta Selatan
INDONESIA
Tel.: +62-21-721 8144
Fax: +62-21-720 7277, 201402

3. Brig.-Gen. Oegroseno
Central Sulawesi Provincial Chief of Police
Jl. Sam Ratulangi No. 46
Kotaa Palu
Central Sulawesi
INDONESIA
Tel: +62-451-455515
Fax : +62-451-421555
Mobile: +62-811-455323

4. 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

5. Mr. Hamid Awaluddin
Minister of Justice and Human Rights
Menteri Kehakiman dan Hak Asasi Manusia,
JI. H.R. Rasuna Said Kav. 6-7
Kuningan, Jakarta Selatan
INDONESIA
Fax: + 62 21 525 3095

6. 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-239-2005
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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.