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

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-320-2007
ISSUES: Extrajudicial killings, Impunity,

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.

To support this case, please click here: SEND APPEAL LETTER

SAMPLE 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 : Indonesia,
Issues : Extrajudicial killings, Impunity,