Dear friends,
The Asian Human Rights Commission (AHRC) has received updated information regarding the attack on three hamlets, Karama, Bonto Gaddong and Ujung Moncong, in South Sulawesi by a group of army personnel from the 700th Raider Infantry Battalion, which took place on 29 November 2005. A group of army personnel and others from outside the villages destroyed the properties of the villages and assaulted the villagers in retaliation over a traffic accident (See further: UA-228-2005).
According to the latest information we have received, the three soldiers of the 700th Raider Infantry Battalion, who were allegedly involved in the attack, were convicted only for two and a half months by the Military Court 316 Makassar, South Sulawesi, on 16 January 2006. The three soldiers are identified as Private Siradjuddin, Private Jusmianto and dan Chief Private Alimuddin. They were convicted under article 160 of the Criminal Code of Indonesia (KUHP) for inciting people to do unlawful acts in public and under article 406(1) of the KUHP for inciting others to make destruction. The trial was led by Chief Judge Lt. Col. Sunardi and the other two judges, Major (Chk) Suryadi and dan Captain Navy (Chk) Desman Wijaya. The military prosecutor was Mayor (Chk) Faridah Faizal.
The AHRC has serious concerns about the independence and accountability of the court in this case. First, even though the alleged soldiers were directly involved in the destruction of the houses and the attack on the civilians and were charged with incitement of unlawful acts, they subsequently received only very minor sentences. The court’s biased attitude, however, comes as little surprise. The court has previously shown its lack of will to handle this case by issuing only a 6 month jail-term to Second Private Kopda Syarifuddin, who stabbed a civilian with a sword and severely injured him during this attack. The court also chose to issue a lesser sentence than a military prosecutor’s verdict (3 months). Moreover, there was no decision made by the court regarding compensation to the victims. Instead, the court ordered the three soldiers to pay the paltry sum of the US $ 1.5 for the court’s expenses.
The AHRC is also concerned by the Indonesian government’s inaction regarding this case. Although 25 soldiers were questioned regarding their involvement into the attack and the loot of three hamlets, only four soldiers have received a petty punishment to date. Also, despite the promise of taking disciplinary action against and dismissing members of the 700th Raider Infantry Battalion including their chief Lt. Col. Sapto Agustono to the villagers by Wirabuana Military commander overseeing Sulawesi, May. Gen. Arief Budi Sampurno on November 31, no information is known whether any of the alleged perpetrators have been dismissed or suspended. On the contrary, it is reported that the three above-mentioned soldiers are still serving in the military despite their conviction. The military allegedly rebuilt a small number of the houses out of the 82 destroyed and paid some money to the villagers, but this falls far short of what is required. Further, the government has not taken any genuine action to punish the alleged perpetrators and rehabilitate the affected victims.
The AHRC calls for your urgent intervention in this matter. Please send an appeal letter to the Indonesian authorities urging that strong disciplinary/criminal action be taken against the alleged perpetrators and that appropriate compensation and rehabilitation be provided to the victims as soon as possible. Please also urge the Indonesian government to implement the Convention against Torture (CAT) Act into the domestic legislation so that a strong discipline can be established among the law enforcement agencies. A clear legislation of compensation regarding human rights abuses by the law enforcement officers should be created as well.
ADDITIONAL COMMENT:
Indonesia is notorious for the abuse of power by law enforcement officers such as the police and army soldiers. Arbitrary detention and torture have become a common practice in this country. As has been seen in this case, the Indonesian government and the judicial system has directly or indirectly encouraged such illegal actions by the law enforcement officers by ensuring impunity to them. The situation in the military court is worse. It is difficult for civilians to access the court and hearings are conducted behind closed doors. Judges in the military court give decisions in favour of the perpetrators (military officers). For example, regarding the torture case in Nasarudin in 2001, the Jakarta Military Court sentenced the perpetrator, Aj. Insp. Makmur Sinuaji, to only three and a half years imprisonment even though the victim died due to torture. In the Yudianto case in Jakarta, the military court again sentenced the perpetrator, Brig. [Police] Pambudi), who shot Yudianto dead, to a mere three-years imprisonment.
SUGGESTED ACTION:
Please write to the Indonesian authorities and express your serious concern about this case.
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SAMPLE LETTER
Dear ___________,
Re: INDONESIA: Three soldiers received lenient sentences while other perpetrators are still at large regarding an attack on three hamlets in South Sulawesi
Name of victims: Civilian villagers of three hamlets (Dusun Karama, Dusun Bonto Badong, Dusun Ujung Moncong) Desa Banri Manurung, Kecamatan Bangkala Kabupaten Janeponto, South Sulawesi and Police Brig. Syafrie
Alleged perpetrators: Army personnel from the 700th Raider Infantry Battalion and other people from outside the villages
Date and place of incident: 29 November 2005 in Karama, Bonto Gaddong and Ujung Moncong hamlets in Bandri Manurung village, Jeneponto regency, 80 km south of the provincial capital of Makassar, Sulawesi
Case status: Only four soldiers have received a petty punishment to date and no appropriate compensation or rehabilitation has been provided to the victims
I am very disturbed to hear that the three soldiers of the 700th Raider Infantry Battalion, who were allegedly involved in the attack on the three hamlets mentioned above, received a mere two and a half month prison sentence by the Military Court 316 Makassar, South Sulawesi, on 16 January 2006. The three soldiers are Private Siradjuddin, Private Jusmianto and dan Chief Private Alimuddin.
The court decision forces me to raise my doubt about the accountability and independence of the concerned military court in this case. Even though the perpetrators were directly involved in the destruction of the houses and the attack on the civilians, and were charged with incitement of unlawful acts under article 160 and 406(1) of the Criminal Code of Indonesia (KUHP), their incredibly lenient sentence does not reflect the magnitude of the crimes they committed. I was also informed that Second Private Kopda Syarifuddin, who stabbed a civilian with a sword and severely injured him during this same incident, received only a 6month sentence by the military court. Moreover, there was no decision made by the court regarding compensation to the victims. Such conduct clearly shows the court's lack of will to provide justice and redress to the victims.
I am also concerned that only four soldiers have been (lightly) punished for this crime, despite 25 others having been questioned regarding their involvement in the attack of the three hamlets. Moreover, no information is known as to whether any of the alleged perpetrators have been dismissed or suspended from their duty despite the promise by Wirabuana Military commander overseeing Sulawesi, May. Gen. Arief Budi Sampurno, that disciplinary action (including dismissal) would be taken against the 700th Raider Infantry Battalion, including their chief Lt. Col. Sapto Agustono. Instead, the three convicted soldiers are still serving in the military. Moreover, the government has not taken any genuine action to provide appropriate rehabilitation to the victims.
I believe that the inaction of the Indonesian government and the judiciary regarding human rights abuses committed by law enforcement officers only encourages them to continue their illegal actions without fear of prosecution or punishment.
I therefore strongly urge you to conduct a proper and thorough investigation into this incident and take strict disciplinary/criminal action against the alleged perpetrators as soon as possible. I also urge you to dismiss the convicted soldiers and suspend the alleged perpetrators from their duty while the investigation is in process. I further urge you to ensure that appropriate compensation and rehabilitation are provided to the victims without further delay. Lastly, I request the Indonesian government to implement the Convention against Torture (CAT) Act into the domestic legislation so that a strong discipline can be established among law enforcement agencies. A clear legislation of compensation regarding human rights abuses by law enforcement officers should be created as well.
Yours sincerely,
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SEND A LETTER TO:
1. Mr. Susilo Bambang Yudhoyono
President of the Republic of Indonesia
Istana Negara
Jl. Medan Merdeka Utara
Jakarta Pusat 10010
INDONESIA
Tel: + 62 21 3845627 ext 1003
Fax: + 62 21 3457782
Email: presiden@ri.go.id
2. Mr. Hamid Awaluddin
Minister of the Justice and Human Rights Department
Departemen Hukum dan Hak Asasi Manusia
Jl. Rasuna Said Kav. 6-7, Kuningan
Jakarta Selatan
INDONESIA
Fax: + 62 21 5265480
Email: pp@depkumham.go.id
3. 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
Email: postmaster@kejaksaan.or.id
4. Mr. Bagir Manan
Chief Justice of Indonesia
Ketua Mahkamah Agung RI
Mahkamah Agung RI
Jl. Medan Merdeka Utara No. 9-13
Jakarta Pusat 10010
Indonesia
5. Mr. Abdul Hakim Garuda Nusantara
Chairperson
The National Commission on Human Rights of Indonesia (Komnas HAM)
Jl. Latuharhary 4B
Jakarta Pusat 10310
INDONESIA
Tel: + 62 21 3925230
Fax: + 62 21 3925227
Email: info@komnas.go.id
6. Mr. Leandro Despouy
Special Rapporteur of the Commission on Human Rights on the independence of judges and lawyers
Att: Sonia Cronin
Room: 3-060
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9160
Fax: +41 22 917 9006 (Attn: Special Rapporteur on the independence of judges and lawyers)
E-mail: scronin@ohchr.org
Thank you.
Urgent Appeals Desk
Asian Human Rights Commission
