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INDONESIA: One person killed and two seriously injured by a group allegedly contracted by the military

November 8, 2007

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ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal

8 November 2007
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UA-320-2007: INDONESIA: One person killed and two seriously injured by a group allegedly contracted by the military

INDONESIA: Extrajudicial killings; no proper investigation; impunity
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information that one farmer has died and two were seriously injured by a group on 1 October 2007 in Sei Tuan Village, Indonesia. However it is reported that the military hired them to secure land which the villagers have been cultivating for some years. The police have started investigations but the responsibility of the military has not been emphasised.

CASE DETAILS: (Based on information from the Commission for Disappearances and Victims of Violence, Medan branch office (KontraS Medan)

On 1 October 2007 around 9:30am, Charles Limbong (46), a farmer, met with his friend, Sofyan Sori (36) at Klambir Pantai Labu Village. After a short chat, Charles went to some land in Sei Tuan Village that villagers have been cultivating for years.

Charles then went there with Ucok Rado (37) and arrived around 10am. After spending some time together with his seven friends, Turiman Siringgoringgo, Sofyan Sori, Jauhari, Budi Agas, Khairil, Rustam, and Iwan went to see the condition of the land.

At around 12:30pm, Albinar Siregar, Chief of Sei Tuan Village, came and met Charles's group and Suyitno's group, who had been hired by the Army Cooperative Center of Bukit Barisan Regional Military Command (Puskopad Kodam BB) on 22 September 2007. The Army Cooperative Center contracted Suyitno, together with Burhan Simanjuntak and Safari to cultivate the farm land which they claimed as theirs.

At around 1pm, Suyitno's group started to demolish bananas, coconuts, and palm coconut plants that the villagers had planted. Aware that the situation was deteriorating, Mr. Siregar called Aldi Alfian, the Chief of Pantai Labu police station and informed them that many heavy cultivating vehicles were being operated by Suyitno and his group, and the villagers were obstructing them from cultivating the land. Mr. Alfian had told Mr. Siregar before, that if the heavy machines were operating without prior notice of the police station, they should be halted.

At around 1:10pm Mr. Siregar was talking with Suyitno, a loud voice said "Attack!" and the Suyitno group started beating the villagers. Mr. Siregar witnessed the killing of Charles Limbong and Albinar Siregar was severely injured on his head and arms. Mr. Siregar was also injured on his upper right arm. According to the witnesses' testimony, Suyitno and his men were already drunk before the incident.
 
At around 2pm, two police officers from Beringin Police Sector came to the site and arrested 37 men. 23 out of them were investigated further and determined as suspects, including Suyitno. On 30 October 2007, the Deli Serdang Police Resort conducted an investigation into the murder of Charles Limbong. However it is reported that the Army Cooperative Center has been exonerated from responsibility in the police investigation.

The AHRC is concerned by the police failure to investigate the responsibility of the Army Cooperative Center for the death and injuries of the villagers. It is alleged that the army had a contract with the group to secure the land, which caused one villager to die and two villagers to be seriously injured.

BACKGROUND INFORMATION:

The villagers of Sei Tuan have been cultivating the land since the 1960's, but in 1972 the land was destroyed because of the mismanaged construction of a ditch. The salty seawater rushed into the land and damaged the plantations. In 2000, the chief of village instructed the villagers to start to cultivate the land back. The villagers began to benefit from the land in 2006, when they planted bananas, coconuts, and palm coconut trees. But that year the Army Cooperative Center of Bukit Barisan Regional Military Command (Puskopad Kodam BB) issued a work order to Mr. Jhonson Sihombing to overtake the land and cultivate it by using heavy machiney, such as bulldozers. Jhonson Sihombing also used thugs to prevent the villagers from using the machinery. After negotiations between the villagers and the police, they agreed that Jhonson SIhombing and his thugs should leave the village.

On September 2007, the Army Cooperative Center of Bukit Barisan Regional Military Command (Puskopad Kodam BB) again issued a work order to Mr. Burhan Simanjuntak, Suyitno, and Safari to occupy the land. Using the same method as before, the three men hired more or less 50 men to secure the land from the villagers. After this, the aforementioned incident occurred.

In most of the rural areas in Indonesia, there is still a lot of empty land, which no one has occupied legally. In such cases, the surrounding villagers cultivate the land. The villagers normally cultivate the land without having a land certificate of ownership. Then the problem comes when a corporation or army apply to get a certificate of the land to the National Land Agency and want to cultivate the land. The villagers however always claim that they have been there, cultivating the land, for many years. But at the same time, the corporation also has the legal right to the land. However, the corporation or army usually hire some thugs to evict the famers out of the land by force in order to exonerate their responsibility that any incident may occur when there is a physical fighting between the thugs and villagers. This is how they exonerate their responsibility from police investigation, even though they have a contract.

SUGGESTED ACTION:
Please write to the authorities listed below expressing your grave concern regarding the violent attack against the farmers by a group allegedly contracted by the military. The authorities must exhaust all means to ensure that a conclusive investigation is conducted to guarantee that the perpetrators are effectively prosecuted. Please urge them to investigate this case. The family must also be afforded appropriate compensation.

Suggested letter:

Dear __________,

INDONESIA: One died and two seriously injured by a group allegedly contracted by the military

Name of the victims:
1. Charles Limbong, 46 years old, resident of Pantai Labu Village, Deli Serdang District - died
2. M. Simbolon, 42 years old, resident of Sei Tuan Saur Matio Village; severely injured on his head and left arm, and trauma
3. Albinar Siregar, 39 years old, resident of Sei Tuan Saur Matio Village; severely injured on his right arm and trauma
Name of alleged perpetrators:
1. Army Cooperative Center of Bukit Barisan Regional Military Command (Puskopad Kodam BB)
2. Suyitno and some men (according to the villagers, known as 'thugs')
Date of incident: 1 October 2007
Place of incident: a land in Sei Tuan Saur Matio Village, Deli Serdang District, North Sumatera

I am writing to voice my deep concern regarding the violent attack against these aforementioned farmers, committed by workers contracted by the Army Cooperative Center of Bukit Barisan Regional Military Command (Puskopad Kodam BB), seeking to cultivate the disputed land at Sei Tuan Saur Matio Village, Deli Serdang District. The incident resulted in the death of one farmer and left two others seriously injured.

It is alleged that Puskopad Kodam BB contracted the workers not to cultivate the land, but instead to guard and secure the land from the villagers. According to the villagers, almost all of the workers are thugs who occasionally bother them, creating an uncomfortable atmosphere in the village. If the Puskopad Kodam BB is really interested in cultivating the land, they should do it by themselves, or pay professional workers, not thugs.

I was informed that the police investigation has started to reconstruct the murder case of Charles Limbong. I am also concerned that if the police investigate the case but do not include the allegation of a nexus between the Puskopad Kodam BB and their hired workers, this case will leave some aspects of the story unresolved.

Therefore I urge you to conduct an impartial and thorough investigation into this case and thereafter ensure that those responsible shall be taken into account. I also urge you to afford adequate compensation to the victims/families without further delay.

I sincerely look forward to your quick and effective response in this matter.

Yours sincerely,


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PLEASE SEND YOUR LETTERS TO:

1. Mr. Susilo Bambang Yudoyono
President
Republic of Indonesia
Presidential Palace
Jl. Medan Merdeka Utara
Jakarta Pusat 10010
INDONESIA
Tel: + 62 21 3845627 ext 1003
Fax: + 62 21 231 41 38, 345 2685, 345 7782

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

3. Gen. Sutanto
Chief of National Police
Jl. Trunojoyo No. 3
Jakarta Selatan
INDONESIA
Tel: +62 21 721 8012
Fax: +62 21 720 7277

4. Air Chief Marshal Djoko Suyanto
Military Commander in Chief
Mabes TNI, Cilangkap
Jakarta 13870
INDONESIA
Tel: +62 21 8459-1244, 8459-1243
Fax: +62 21 845-6805

5. Mr. Ifdhal Kasim
Chairperson
KOMNAS HAM (National Human Rights Commission)
Jl. Latuharhary No. 4B Menteng
Jakarta Pusat 10310
INDONESIA
Tel: +62 21 3925230
Fax: +62 21 3151042/3925227

6. Professor Philip Alston
Special Rapporteur on Extrajudicial, Summary, or Arbitrary Executions
Room 3-016
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR EXECUTIONS)

Thank you.

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

Document Type :
Urgent Appeal Case
Document ID :
UA-320-2007
Countries :
Issues :
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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.