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INDONESIA: Assault of a mother of four-year-old daughter by the Jakarta police

September 26, 2006

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ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal

27 September 2006
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UA-320-2006: INDONESIA: Assault of a mother of four-year-old daughter by the Jakarta police

INDONESIA: Ill-treatment and torture; impunity; un-rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the malicious assault and public humiliation of Ms. Sugihart, a 31 year-old impoverished mother, by officers of the Municipal Administrative Police Unit (SATPOL PP) at the Menteng District Office in Jakarta, Indonesia on 5 September 2006. Ms. Sugiharti was arrested for a petty violation of the municipal regulations. However, this cannot justify the police's illegal acts inflicted on Ms. Sugiharti.

Jakarta City Administrative and Police authorities had recently introduced a new regulation in attempts to reduce the heavy traffic congestion in the city-centre, which states that private cars are required to carry a minimum of at least three passengers when traveling on the major urban thoroughfares during peak traffic-hours. However, many drivers in Jakarta openly contested this regulation by hiring "jockeys"; young men and women who can be hired for a fee of a few thousand Rupiah (less than 1 USD) by drivers as a third passenger,  thus enabling them to travel during peak traffic-hours, without having to pay the penalty fines for violation of this traffic regulation.

At the time of her arrest on 5 September 2006, Ms. Sugiharti, a known "jockey", was waiting with her daughter Susan, at the junction of Jalan Imam Bonjol, in central Jakarta, for hire-jobs. But, the vehicle that stopped for her contained five SATPOL PP officers, who immediately and rather aggressively arrested and apprehended both mother and child. In this police crackdown, officials also arrested another eight male "jockeys". According to Ms. Sugiharti's testimony, the arresting officers behaved like violent drunkards; chasing the jockeys as if they were animals, before subjecting them to violent beatings.

Ms. Sugiharti, her daughter, and the eight other arrested jockeys were then taken to the Menteng District Office in central Jakarta, where it is alleged that several officers of SATPOL PP publicly ridiculed and assaulted Ms. Sugiharti, and the eight men, by shaving off all their hair as "punishment" for their profession as jockeys. Ms. Sugiharti's four-year-old daughter, Susan, was also forced to witness this violation of her mother's basic rights, and was verbally abused by one of the accused officers using harsh language, warning her not to become like her mother. Ms. Sugiharti was also slapped several times by the accused officers.

Ms. Sugiharti and her daughter were then detained for a period of nine days at the Kedoya Women's Social Rehabilitation Center in West Jakarta. Upon her release on September 14, Ms. Sugiharti filed a formal complaint with the Legal Aid Institute (LBH) in Jakarta, where she removed her headscarf to reveal a mottled, bare scalp. In her complaint statement, Ms. Sugiharti says; “I was shaved bald in front of my child. I did not have the power to resist. My child cried hysterically upon seeing her mother treated like that. My cheeks were also slapped…. In fact, my hair used to reach my shoulders. This is a matter of self-esteem. I’m now embarrassed to socialize with my neighbours”. She also reported her ill-treatment to the Jakarta Provincial Police.

Ms. Sugiharti went onto say that she worked as a jockey to make ends-meet for her family. These days, jockeys can earn up to an estimated 10,000 Rupiah (almost 2 USD) a day. The Administration Office of Jakarta utilizes municipal regulation No. 11/1988- or what is commonly known as the "rubber regulation"- in enforcing public order; which is often at the expense of the rights of the poorer locals in Jakarta. Ms. Sugiharti and her daughter Susan, live under a bridge at the city's Cikini Railway Station.

SUGGESTED ACTION:
Please write to the relevant authorities listed below, expressing your grave concern and ethical denunciation of the total abuse of state-appointed authority by the accused officers of the SATPOL PP in Jakarta, in the malicious abuse and ill-treatment of Ms. Sugiharti.

Sample letter:

Dear __________,

INDONESIA: Assault of a mother of four-year-old daughter by the Jakarta police

Name of victim: Ms. Sugihart; 31-year-old impoverished mother of four-year-old child, and a "Jockey" (See explanation below).
Alleged perpetrators: Five officers of the Municipal Administrative Police Unit (SATPOL PP).
Date of incident: 5 September 2006
Place of incident: Menteng District Office, Central Jakarta, Indonesia

I am writing to voice my deep concern regarding the malicious assault and public humiliation of Ms.Sugiharti, a 31 year-old impoverished Mother, by officers of the Municipal Administrative Police Unit (SATPOL PP), at the Menteng District Office in Jakarta on 5 September 2006.

Jakarta City Administrative and Police authorities recently introduced a new regulation in attempts to reduce the heavy traffic congestion in the city-centre, which states that private cars are required to carry a minimum of at least three passengers when traveling on the major urban thoroughfares during peak traffic-hours. However, many drivers in Jakarta openly contested this regulation by hiring "jockeys"; young men and women who can be hired for a fee of a few thousand Rupiah (less than 1 USD) by drivers as a third passenger,  thus enabling them to travel during peak traffic-hours, without having to pay the penalty fines for violation of this traffic regulation.

On 5 September 2006, five SATPOL PP officers arrested Ms. Sugiharti, a known "jockey", and her four-year-old daughter at the junction of Jalan Imam Bonjol, in central Jakarta. They also arrested another eight male "jockeys". In Ms. Sugiharti’s statement, they were violently beaten by the arresting officers during the process of arrest. 

Ms. Sugiharti, her daughter, and the eight other arrested jockeys were then taken to the Menteng District Office in central Jakarta, where several officers of SATPOL PP publicly ridiculed and assaulted Ms. Sugiharti, and the eight men, by shaving off all their hair as "punishment" for their profession as jockeys. Ms. Sugiharti was also slapped several times on her face by the accused officers. Ms. Sugiharti and her daughter were then detained for a period of nine days at the Kedoya Women’s Social Rehabilitation Center in West Jakarta.
 
Upon her release on 14 September 2006, Ms. Sugiharti filed a formal complaint with the Legal Aid Institute (LBH) in Jakarta, where she testified, “I was shaved bald in front of my child. I did not have the power to resist. My child cried hysterically upon seeing her mother treated like that. My cheeks were also slapped. In fact, my hair used to reach my shoulders. This is a matter of self-esteem. I’m now embarrassed to socialize with my neighbours”. She reported her ill-treatment to the Jakarta Provincial Police. However, no serious action has been taken against the alleged perpetrators.

Ms. Sugiharti went onto say that she knows that working as a jockey is illegal but has few options to make ends-meet for her family. These days, jockeys can earn up to an estimated 10,000 Rupiah (almost 2 USD) a day. Ms. Sugiharti and her daughter Susan, live under a bridge at the city's Cikini Railway Station.

I understand that Ms. Sugiharti violated the municipal regulation and the police are responsible for enforcing the regulations. However, this cannot justify the ill-treatment, torture and public humiliation inflicted on Ms. Sugiharti by the SATPOL PP officers. I think for such petty crimes, punishment should not exceed a fine of some amount against violators. Also, flagrant violations by law enforcement officers such as that seen here should not be tolerated.

I therefore request you to order a proper investigation into Ms. Sugiharti's case, and to take proper disciplinary/prosecutory action against the accused officers of the SATPOL PP. In addition, adequate compensation should be paid to Ms. Sugiharti, without delay.

I look forward to your prompt and effective response 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 7277

2. Mr. Abdul Rahman Saleh
Attorney General
Kejaksaan Agung RI
Jl. Sultan Hasanuddin No. 1
Jakarta Selatan
INDONESIA
Tel: + 62 21 7221337, 7397602
Fax: + 62 21 7250213

3. 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

4. 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

5. 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 Appeal Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)


Document Type :
Urgent Appeal Case
Document ID :
UA-320-2006
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.