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INDONESIA: Two foreigners and one local interpreter detained and harassed by the police in Aceh

October 3, 2002

URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION
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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM
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4 October 2002
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UA-47-2002: Two foreigners and one local interpreter detained and harassed by the police in Aceh
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INDONESIA: Basic human rights denied; illegal arrest, detention and denial of rights to access to legal aid and medical treatment
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The Asian Human Rights Commission (AHRC) has been informed that two foreigners and one Acehnese interpreter have been arrested and detained in charge of possession of information about the Acehnese independence movement by the Indonesian police in the South Aceh District on Sept. 10, 2002.
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According to the information we have received, the detainees are:
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- Ms. Lesley McCulloch, a permanent Australian resident of British citizenship and a lecturer at the University of Tasmania in Australia;
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- Ms. Joy-Lee Ernesting Sadler (passport No. P 200681420), a retired nurse from the United States; and
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- Ms. Fitra bin Amin, an Acehnese interpreter.
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On Sept. 4, 2002, they went to the South Aceh area to research the poor situation there and to give medical treatment to the villagers who do not have access to medical treatment even though they have been injured because of the fighting between the Indonesian military (TNI) and the Free Aceh Movement (GAM).
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For several days, they were detained and denied any visits by their lawyers, families and embassies. However, the local human rights organisation was informed that they were in the Polres Aceh Selatan. The police have denied what took place though and do not want to discuss this case as a detention case.
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DAILY DESCRIPTION OF THE INCIDENT
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- Sept. 10, 2002
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The three people were stopped by the army at the checkpoint in the Keude Reundeng area and were told to open their bags, which they refused to do and then asked to call their embassies. Instead, they were threatened and assaulted by army personnel - the commander of the post and another man. Afterwards they were taken to the police station at the subdistrict in Kandung and kept there overnight.
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- Sept. 11, 2002
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Although Joy and Fitrah were very sick, proper medical treatment was denied them, and instead, interrogations took place for the next four days at the Tapaktuan police station. Because of the lengthy interrogation sessions, they suffered from sleep deprivation. The police then forced them to sign a statement that contained false information, which Joy and Lesley refused to do. Until this moment, they were denied access to their embassies. Because Lesley is a vegetarian, she had no food for four days.
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KONTRAS ACEH, a local human rights organisation, tried to gain access to them but was not permitted. After several attempts to negotiate an agreement between the police and KONTRAS ACEH, Joy's son, Dante Lee Leave-Martin, was allowed to speak with her mother on Sept. 14.
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- Sept. 15, 2002
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The three people left for Banda Ache in a police truck. During the journey, Lesley was sexually harassed by the police inside the truck by D. Ekap, a second sergeant. The three people stayed overnight in the police section at Subussalam Subdistrict.
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- Sept. 16, 2002
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The police truck arrived in Medan in the evening. The three detainees again wanted to call their embassies but were again refused permission. Having only been provided with a little food, and none for Lesley, another interrogation session began until 2 a.m. even though Joy and Fitrah were confirmed to be ill by a doctor. Afterwards, they were again pressured to sign a statement. Fitrah and Lesley signed, but Joy refused.
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- Sept. 17, 2002
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The officers from the U.S. and U.K. embassies arrived in Medan in speak with them, but they were refused permission to speak to the detainees. However, the embassy officials and their lawyers informed KONTRAS ACEH that Joy and Lesley were charged with violating the conditions of their visa and that the charge was backdated to Sept. 11.
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- Sept. 18, 2002 - Present
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More interrogation and intimidation took place to them. Joy suffers from severe angina so a test was arranged at a hospital by her embassy. Joy was allowed to call only once to her embassy to secure more medicine.
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Meanwhile, Lesley suffers from a recurring disc problem in her backbone. She was taken to the hospital and given medicine. The doctor said that her medical problem is due to her living conditions and lack of exercise in prison and must me improved. She is now using a stick to walk.
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On Oct. 1, the prosecutor issued a letter to extend the detention for Lesley. Therefore, her detention might be extended for a maximum of another 40 days.
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To attain legal advocacy for Lesley and Joy, three lawyers came to Aceh from Jakarta on Oct. 3 but were informed that their cases were already given to the prosecutor. Two more lawyers will come to join them.
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SUGGESTED ACTION
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Please send your appeal to the president, minister of law and human rights and the national chief of police of Indonesia.
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SUGGESTED LETTER
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Dear
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Re.: The illegal arrest and detention of Ms. Lesley McCulloch, Joy-Lee Ernesting Sadler and Fitra bin Amin
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I have been informed that Ms. Lesley McCulloch, a permanent Australian resident of British citizenship and a lecturer at the University of Tasmania in Australia, Ms. Joy-Lee Ernesting Sadler, a retired nurse from the United States, and Ms. Fitra bin Amin, an Acehnese interpreter, have been arrested and detained illegally in Polda Aceh.
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For a few days after they were arrested, they were denied access to lawyers and their families. They were also intimidated and harassed by the police during and after interrogation sessions. Moreover, even though Ms. Ernesting Sadler and Ms. McCulloch have serious health problems due to the poor conditions in custody and lengthy and repeated interrogation sessions, they have been denied proper medical treatment, all of which clearly violates their basic human rights.
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I know that there has been an alarming escalation of disappearances and extrajudicial killings in Aceh for the past few years and local human rights activists and lawyers have been systematically targeted by the Indonesian military and police. The illegal arrest and detention of these three people is yet another example of the continuous violations of human rights that are sadly taking place in Aceh.
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Therefore, I urge you to guarantee their rights to access to lawyers and proper medical treatment to be provided to them and that an investigation into intimidation and harassment committed by the police during and after the interrogation sessions be launched immediately.
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I look forward to learning about your prompt attention to this matter.
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Thank you.
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Sincerely yours,
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PLEASE SEND YOUR APPEALS TO;
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Mrs. Megawati Sukarnoputri
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President, Republic of Indonesia
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Presidential Palace, Jakarta
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Istana Negara, Indonesia
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Fax: (62 21) 345 7782
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SALUTATION: Your Excellency
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Yusril Ihza Mahendra
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Menteri Hukum dan Hak Asasi Manusia (Minister of Law and Human Rights)
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Jl. HR Rasuna Said Kav. 6-7
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Kuningan
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Jakarta-Selatan 12950
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Indonesia
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phone: 0062/21/5253004
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fax: 0062/21/3141625 or 513095 or 5253095
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Gen Da¢¥i Bachtiar
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National Chief of Police
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Kepala Polri - Markas Besar Kepolisian RI
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Kapolri (Mabes POLRI)
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Jl. Trunojoyo 13
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Kebayoran Baru
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Jakarta-Selatan 12110
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Indonesia
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Ph: (62 21) 721 8000 or 8001 or 7422978 or 7207277
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Fax: (62 21) 348537 or 7207277 or 7260306 or 72014021
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EMAIL: kapolri@polri.go.id
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SEND COPIES OF YOUR APPEAL TO
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Mr. Asmara Nababan
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Secretary General
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Komnas HAM (National Commission for Human Rights)
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Jl. Latuharhary No. 4B Menteng
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Jakarta Pusat INDONESIA
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FAX: (62 21) 392 5227
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EMAIL: info@komnas.go.id
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SALUTATION: Dear Mr. Nababan
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Document Type :
Urgent Appeal Case
Document ID :
UA-47-2002
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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.