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INDONESIA: Police and corrections officers torture detainees

September 20, 2006

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ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal

20 September 2006
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UA-312-2006: INDONESIA: Police and corrections officers torture detainees   

INDONESIA: Torture; threat and intimidation; police apathy and inaction, un-rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding two corresponding cases of subsequent torture of persons by provincial sectors of the Indonesian Police and corrections officers. In neither case has action been taken against the alleged perpetrators despite complaints by the victims. 

On 16 August 2006, Mr. Rudi Sebastian was arrested by officers of the Garut Attorney General's Office and detained at the Garut Correctional Institution in the Garut district of West Java, where he was brutally tortured by four correctional officers. Mr. Sebastian was arrested after being sentenced to one-year imprisonment by the Garut District Court on 21 March 2006 for occupying a house without a valid permit.

Mr. Sebastian suffered severe bodily bruising and injuries; two broken fingers, swelling of the eyes, hands and legs and unable to walk. The next day of his arrest, when Mr. Sebastian's wife- Mrs. Imas Tini- visited him at the correctional institution, he identified his torturers as Ahmad Syarif, Nana, Catur and Oki. On August 22, Mrs. Imas Tini made a complaint to the institutional authorities, but was threatened by the Chief of the Garut Correctional Institution, who allegedly said "You could complain to the police. But we cannot guarantee Rudi's life". Undeterred, Mrs. Imas Tini filed a formal complaint with the Resort Police of Garut. They gave her the letter code: Pol. STPL/1124.VIII/2006/SPK. However the following day, Mrs. Tini was barred from seeing her husband by officers at the Garut Correctional Institution. To date, despite a formal complaint, there has been no official investigation into Mr. Sebastian's case.

The total abuse of State-appointed power and authority is also seen in the case of Kurniawan. On 8 September 2006, Kurniawan, the driver of a public transportation car (Sopir Angkutan Kota), was arrested by officers of the Jati Asih Police on the allegation of having stolen a motorcycle; the allegation which was not supported by conclusive evidence. The arresting officers ordered him to run which Kurniawan refused to do so. He was afraid that the police were intended to shoot him, which they would then manipulate in their police report as an attempt to escape arrest and therefore sure evidence of his guilt. This practice is commonplace in Indonesia and many other Asian countries. Kurniawan was then detained at the Jati Asih Police headquarters.

There, it is alleged that Brigadier BN and Brigadier Y used torture as a means of forcing Kurniawan's confession. This involved severe beatings, burning him with cigarette butts, stamping on him, severe intimidation and death threats. Kurniawan was detained for one night, and then subsequently released without charges due to a lack of conclusive evidence.

Kurniawan filed a complaint with the Metro Jaya Provincial Police, but it was later rejected by the Officer-In-Chief of the Jati Asih Police Headquarters, Arjun Komisaris Hotlan HS. Meanwhile, the Jati Asih Police denies that Kurniawan was ever arrested and detained by them. Nonsurprisingly, there has been no official investigation into Mr. Kurniwan’s case after that.

ADDITIONAL COMMENTS:

Cases like these unfortunately are not an exception, but rather a common occurrence in Indonesia. Take the case of Mr. Denny Leuwoy for example; who on 19 August 2006, reportedly collided with a Maluku Provincial Police Officer's motorcycle in the town of Taman Makmur, and was flagged down by police officers and taken to Benteng Police Station, where he was severely beaten and tortured until he lost consciousness. Mr. Leuwoy was taken to the Dr. M. Haulussy Hospital, where he succumbed to his injuries the following day (See further: UA-276-2006).

Indonesia was elected to the UN Human Rights Council in May of 2006. It was also a state party to the UN Convention against Torture (CAT). As such, it should be made the primary priority of the Indonesian Government to protect and uphold these fundamental rights for its citizens. Unfortunately, the existing domestic system of legislation in Indonesia fails to abide by and protect the fundamental principles against its international obligation.

SUGGESTED ACTION:
Please write to the relevant Indonesian authorities below expressing your grave concern and ethical denunciation of the unlawful conduct of the implicated officers of the Jati Asih Sector Police and the Garut Correctional Institution, and the inactivity of the higher provincial authorities in following the proper procedure in conducting an official investigation into the made allegations. As long as cases like Mr. Sebastian's and Kurniawan's continue to fall through the cracks of the paper-thin justice system, and state-officers continue to abuse the very laws which they have been appointed to enforce and protect, there can be no rule of law in Indonesia. 

Sample letter:

Dear __________,

INDONESIA: Police and corrections officers torture detainees   

CASE 1:
Name of Victim: Mr. Rudi Sebastian
Alleged Perpetrators: Four officers of the Garut Correctional Institution: Ahmad Syarif, Nana, Catur, Oki
Date of Incident: 16 August 2006
Place of Incident: The Garut Correctional Institution (Lembaga Pemasyarakatan Garut) in Garut district of West Java

CASE 2:
Name of Victim: Kurniawan, the driver of a public transportation car (Sopir Angkutan Kota)
Alleged Perpetrators:
1. Officers of the Jati Asih Police (responsible for arbitrary arrest and detention)
2. Brigadier BN and Brigadier Y attached to the Jati Asih Sector Police Headquarters, Bekasi Province (prime suspects for torture)
Date of Incident: 8 September 2006
Place of Incident: Jati Asih Sector Police Headquarters, Bekasi Province.

I am writing to voice my deep concern regarding the unwarranted and unlawful arrest and subsequent torture of Kurniawan and Mr. Rudi Sebastian by the mentioned officers of the Jati Asih Sector Police and the Garut Correctional Institution, respectively.

Mr. Kurniawan was tortured by two senior officers of the Jati Asih Sector Police on 8 September 2006, in which Kurniawan was wrongly accused of having stolen a motorcycle; a charge that was not supported by any conclusive evidence.

It is alleged that he was initially ordered to run, by the arresting officers, who intended to shoot him, and later manipulate that in their police reports as an attempt to escape arrest. I believe that this they would use as damning evidence of Kurniawan's guilt, and justification for their actions. I am aware that this unfortunately is a common practice among law-enforcers in Indonesia, and indeed in many other Asian countries.

Kurniawan was then detained at the Jati Asih Police Headquarters, where the mentioned senior police Officers severely tortured him in attempt to force his confession. Kurniawan was detained for one night, and then subsequently released without charges due to lack of conclusive evidence.

Kurniawan attempted to file an official complaint with the Metro Jaya Provincial Police, but it was rejected by the Officer-In-Chief of the Jati Asih Police, Arun Komisaris Hotlan HS, who denied that Kurniwan was ever even arrested by them. As a result, Kurniawan has not obtained the rightful redress for the violation of his fundamental rights.

In a separate case, Mr. Sebastian was arrested by officers of the Garut Attorney General's Office on 16 August 2006. He was arrested after being sentenced to one-year imprisonment by the Garut District Court on 21 March 2006 for occupying a house without a valid permit. He was then detained at the Garut Correctional Institution, where he was subsequently tortured by the four named officers.

Mr. Sebastian suffered severe bodily bruising and injuries; two broken fingers, swelling of the eyes, hands and legs and unable to walk. The next day of his arrest, when Mr. Sebastian's wife- Mrs. Imas Tini- visited him at the correctional institution, he identified his torturers as the four correctional officers identified above. On August 22, Mrs. Imas Tini made a complaint to the institutional authorities, but was threatened by the Chief of the Garut Correctional Institution, who allegedly said "You could complain to the police. But we cannot guarantee Rudi’s life". Undeterred, Mrs. Imas Tini filed a formal complaint with the Resort Police of Garut. They gave her the letter code: Pol. STPL/1124.VIII/2006/SPK. However the following day, Mrs. Imas Tini was barred from seeing her husband by officers at the Garut Correctional Institution. To date, despite a formal complaint, there has been no official investigation into Mr. Sebastian’s case.

In light of the above, I strongly urge you to adopt all necessary measures in ensuring that both these cases receive the prompt and proper investigation that they deserve. Thorough investigation into any and all formal complaints made by public citizens is one of the most basic responsibilities of any law-enforcement agency. More importantly, it is the obligation of the State to apprehend and punish those state-officers who choose to subvert the Law for their own personal gain and profit. Therefore, the Law and Justice Department should conduct an official investigation against the accused officers of the Jati Asih Sector Police and the Garut Correctional Institution, and indefinitely suspend their duties while the investigation is pending.

I understand that Indonesia was elected to the UN Human Rights Council in May 2006 and is a state party to the UN Convention against Torture (CAT). As such, it should be made the primary priority of the Indonesian Government to protect and uphold these fundamental human rights for its citizens. Thus, I strongly urge the Indonesian Government to take all necessary measures in ensuring that domestic legislation acts in accordance with the CAT.  

Kurniawan and Mr. Sebastian, and all those victims of torture, should be given the justice and redress that they rightfully deserve. By taking and implementing the aforementioned measures, the Indonesian State will undoubtedly justify and validate their place on the UN Human Rights Council.

I look forward to your prompt and effective action in this matter.

Yours sincerely,


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PLEASE SEND YOUR LETTER 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. Mr. Hamid Awaluddin
Minister of Justice and Human Rights
Uahi Utoyo Usman S.H.,
Menteri Kehkiman,
JI. H.R. Rosuna Said Kav. 6-7
Kuningan, Jakarta Selatan
INDONESIA
Fax: +62 21 525 3095

3. Inspector-General Adang Firman
Metrojaya Provincial Chief of Police
INDONESIA
Tel: +62 21 523 4001
Fax: +62 21 522 56463

4. Drs. Sugeng Hendrijo, Bc.IP, SH.
Head of the West Java Regional Office for Justice and Human Rights
Kanwil Jawa Barat
Jl. Jakarta No. 27, Bandung 40272
Jawa Barat
INDONESIA
Tel/fax: +62 22 727 3898

5. Inspector-General Pol. Edi Darnadi
Chief of West Java Provincial Police
Mapolda Jawa Barat
Jl. Pelajar Perjuangan 45 No. 31 at
Bandung Jawa Barat
INDONESIA

6. Mr. Abdul Hakim Garuda Nusantara
Chairperson
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

7. Ms. Sulistyowati Sugondo
Sub Commissioner of Civil and Political Rights
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

8. Mr. Trimedya Panjaitan
Chairman
Third Commission (Commission on Law and Human Rights)
Indonesia House of Representatives
Gedung DPR/MPR RI
Jl. Jend. Gatot Subroto
Jakarta 10270
INDONESIA
Tel: + 62 21 5717769
Fax: + 62 21 571 5532, 5715566

9. 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 (ahrchk@ahrchk.org)

Document Type :
Urgent Appeal Case
Document ID :
UA-312-2006
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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.