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INDONESIA: Police torture man severely, resulting in his death

August 25, 2006

[NOTICE: The AHRC have developed a new automatic letter-sending system using the "send letter" button. However, in this appeal, we could not include e-mail addresses of some of the Indonesian authorities. We encourage you to send your appeal letters via fax or post to those people. Fax numbers and postal addresses of the Indonesian authorities are attached below with this appeal. Thank you.]

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal


25 August 2006
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UA-276-2006: INDONESIA: Police torture man severely, resulting in his death

INDONESIA: Torture resulting in death; Impunity
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Dear friends,

The Asian Human Rights Commission (AHRC) has been informed by Indonesian NGO Kontras of the severe torture of Denny Leuwoy by the police on August 19, 2006 and his subsequent death. At around noon, Denny Leuwoy reportedly had an accident while riding his friend's motorcycle while travelling from the Arumbai Maggurebe Pela Gandong competition, a traditional sailboat race event held to promote solidarity between Christians and Moslems, held in Maluku on 17 August, to commemorate Indonesian Independence Day and the Maluku Provincial Anniversary commemoration, held on August 19.

On August 19, 2006, Denny Leuwoy reportedly collided with a Maluku Provincial Police officer's motorcycle, in Taman Makmur. The police officer was reportedly wearing civilian clothes at the time of the accident.

On the way to Jembatan Batu, Benteng, police officers reportedly flagged down Denny Leuwol and brought him to Benteng Police Post. The officers then allegedly tortured and beat the victim until he was severely injured and had collapsed. He was then taken to the Dr. M. Haulussy hospital. The victim succumbed to his injuries in hospital later the same day.

The citizens of Haria hamlet who heard about the incident were angered and demonstrated at the Benteng Police Post, Nusaniwe, Ambon at around 3 pm. They reportedly broke windows with stones. They called for the officers who tortured Denny Leuwol to be brought to court. Some of them were arrested and detained in the Benteng Police Post. Raja Negeri (a traditional leader) Siri Sori Islam, Jhon Pattisahusiwa, Raja Negeri (traditional leader) Haria and Yacop Latuperissa tried to calm the citizens down and asked them to return to their homes, as the police had promised to investigate the case. The villagers complied and the persons that had been arrested were released later that day.

During the evening of August 19, 2006, armed police officers were still standing guard in the Benteng Police Pos. Maluku Provincial Police Brigadier General Guntur Gatot Setiawan promised to investigate the case and bring those responsible to court. He also promised to fire any members of the police that are proven guilty.

On August 21, 2006, the Spokesperson of Maluku Provincial Police, Ajun Komisaris Besar I Wayan Suparman, announced that the Maluku Provincial Police had arrested the perpetrators. They are alleged to be three officers of the Maluku Provincial Police (identified by their initials: AT, RR, QW) and one civilian (OL). They will be disciplined both administratively and under criminal law, according to the spokesperson, who added that they will be fired from the police. According to the latest information, the concerned police officers have been fired and are being detained in the Maluku Provincial Police Headquarters, and the investigation is reportedly ongoing. While the action taken so far by the authorities is welcomed, it is vital that the investigation and the judicial process are completed without undue delay. The expulsion of police officers is not adequate punishment for the crime of torture resulting in death.


SUGGESTED ACTION:
Please write letters to the concerned authorities requesting them to ensure that the alleged perpetrators are brought before an independent and impartial court, and tried in accordance with international standards of fair trial. It is vital that the trial proceed without unnecessary delay or interference. If found guilty, the alleged perpetrators must be punished in accordance with domestic laws and international human rights law, standards and ethics. Adequate reparation that also meets international standards must be provided to the family of the victim.


Suggested letter:

Dear __________,

INDONESIA: Police torture man severely, resulting in his death

Name of victim: Denny Leuwol, 30, citizen of Haria hamlet, Saparua, Central Maluku
Alleged perpetrators: three officers of Maluku Provincial Police (initials AT, RR, QW) and one civilian (OL)
Place of incident: Benteng Police Pos Headquarter.
Date of incident: August 19, 2006

I write to you to express my deep concern with regard to reports of the severe torture of Denny Leuwoy by the police on August 19, 2006 which resulted in his subsequent death. At around noon, Denny Leuwoy reportedly had an accident while riding his friend's motorcycle while travelling from the Arumbai Maggurebe Pela Gandong competition, a traditional sailboat race event held to promote solidarity between Christians and Moslems, held in Maluku on 17 August, to commemorate Indonesian Independence Day and the Maluku Provincial Anniversary commemoration, held on August 19.

On August 19, 2006, Denny Leuwoy reportedly collided with a Maluku Provincial Police officer's motorcycle, in Taman Makmur. The police officer is alleged to have been wearing civilian clothes at the time of the accident.

On the way to Jembatan Batu, Benteng, police officers reportedly flagged down Denny Leuwol and brought him to Benteng Police Post. The officers then allegedly tortured and beat the victim until he was severely injured and had collapsed. He was then taken to the Dr. M. Haulussy hospital. The victim succumbed to his injuries in hospital later the same day.

The citizens of Haria hamlet who heard about the incident were angered and demonstrated at the Benteng Police Post, Nusaniwe, Ambon at around 3 pm. They reportedly broke windows with stones. They called for the officers who tortured Denny Leuwol to be brought to court. Some of them were arrested and detained in the Benteng Police Post. Raja Negeri (a traditional leader) Siri Sori Islam, Jhon Pattisahusiwa, Raja Negeri (traditional leader) Haria and Yacop Latuperissa tried to calm the citizens down and asked them to return to their homes, as the police had promised to investigate the case. The villagers complied and the persons that had been arrested were released later that day.

During the evening of August 19, 2006, armed police officers were still standing guard in the Benteng Police Pos. Maluku Provincial Police Brigadier General Guntur Gatot Setiawan promised to investigate the case and bring those responsible to court. He also promised to fire any members of the police that are proven guilty.

On August 21, 2006, the Spokesperson of Maluku Provincial Police, Ajun Komisaris Besar I Wayan Suparman, announced that the Maluku Provincial Police had arrested the perpetrators. They are alleged to be three officers of the Maluku Provincial Police (identified by their initials: AT, RR, QW) and one civilian (OL). They will be disciplined both administratively and under criminal law, according to the spokesperson, who added that they will be fired from the police. According to the latest information, the concerned police officers have been fired and are being detained in the Maluku Provincial Police Headquarters, and the investigation is reportedly ongoing. While the action taken so far by the authorities is welcomed, it is vital that the investigation and the judicial process are completed without undue delay. The expulsion of police officers is not adequate punishment for the crime of torture resulting in death.

I urge you to ensure that the alleged perpetrators are brought before an independent and impartial court, and tried in accordance with international standards of fair trial. It is vital that the trial proceed without unnecessary delay or interference. If found guilty, the alleged perpetrators must be punished in accordance with domestic laws and international human rights law, standards and ethics. Adequate reparation that also meets international standards must be provided to the family of the victim.

I trust that you will take action in this case.


Yours sincerely,


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PLEASE SEND YOU LETTERS TO:

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

2. Brig.-Gen. Adityawarman
Chief of the Maluku Provincial Police
Jl. Pattimura No. 1
Maluku
INDONESIA

3. Enny Soeprapto
The Commissioner of Right to Personal Security
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


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)

 

Document Type :
Urgent Appeal Case
Document ID :
UA-276-2006
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.