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UPDATE (Indonesia): Torture victims in Central Sulawesi sentenced to nine years imprisonment

June 7, 2006

UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Update on Urgent Appeal

8 June 2006

[RE: UA-239-2005: Custodial torture of ten men by Central Sulawesi Provincial Police]
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UP-120-2006: INDONESIA: Torture victims in Central Sulawesi sentenced to nine years imprisonment

INDONESIA: Torture; fair trial; effective remedies
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Dear friends,

It has come to the attention of the Asian Human Rights Commission (AHRC) that of the 10 farmers arrested and tortured in October 2005 by police officers in Central Sulawesi, Indonesia, eight have been sentenced to nine years imprisonment, on the charges of maltreatment and killing of 17 police officers, three of whom died. No investigation however, has been conducted into the farmers' complaint of police torture during investigation, made in December 2005.

The 10 farmers were arrested in October 2005 for the death of three police officers, who were killed in a clash between police and villagers during the police's attempt to arrest Madi, the leader of a 'deviant' religious sect and his followers. Madi, who practices traditional self defense medicine, has been accused by the police for spreading heretical Islamic beliefs. (See UA-239-2005 for details.)

On 17 May 2006, the District Court of Central Sulawesi sentenced Raya (29), Kahar (21), Lai (35), Olimin (21), Hasanuddin (40), Bambang (21), Asani (45) and Sahido (30) to nine years imprisonment. This was the case even though the men retracted their confessions during the trial, which they said they had made after being tortured. They described the brutal methods of torture and showed their injuries. Furthermore, 11 witnesses from the village of Dusun Salena stated that the 10 suspects were not involved in the attack on the police officers. According to their testimony (which corresponds to that of the suspects'), only three persons attacked the police.

The two other suspects, Nanga and Masuna, were acquitted; the judge noted that they had helped the police with information regarding Madi's whereabouts. The prosecutor however, has asked for an appeal to be heard at the Supreme Court regarding their acquittal. Together with the 10 farmers, the police had arrested one other man, Arifin, in October 2005, who was detained separately. The district court sentenced Arifin to five years in prison under emergency law, for hiding weapons.

The AHRC, together with local human rights groups, is concerned that although the Central Sulawesi Provincial Police promised to investigate the farmers' torture complaint and punish the perpetrators if they were found to have committed torture, no investigation has been conducted. These farmers have been denied redress for the brutal torture they suffered, and now their rights have been further violated by being unjustly sentenced.

The Institute for the Development of Legal and Human Rights Study (LPSHAM), who has been representing the farmers, has asked for the case to be heard at the high court. LPSHAM is also considering pursuing the torture complaint against the police when other legal proceedings are completed. 

The AHRC urges the attorney and general to call for a reinvestigation of this case by impartial agencies, and to ensure that the men's complaint of torture is immediately looked into.

SUGGESTED ACTION:

Please write to the relevant authorities requesting that this case be reinvestigated in an impartial and thorough manner so that these farmers may obtain justice. Most importantly, the torture complaint made by them against the police must be immediately investigated.

Suggested letter:

Dear ___________,

INDONESIA: Torture victims in Central Sulawesi sentenced to nine years imprisonment

I have learnt that eight of the 10 farmers arrested and tortured in October 2005 by the Central Sulawesi police, have been sentenced to nine years imprisonment, on the charges of maltreatment and killing of 17 police officers, three of whom died. No investigation however, has been conducted into the farmers' complaint of police torture, made in December 2005.

As you will be aware, the 10 farmers were arrested in October 2005 for the death of three police officers, who were killed in a clash between police and villagers during the police's attempt to arrest Madi, the leader of a religious sect and his followers.

On 17 May 2006, the District Court of Central Sulawesi sentenced Raya (29), Kahar (21), Lai (35), Olimin (21), Hasanuddin (40), Bambang (21), Asani (45) and Sahido (30) to nine years imprisonment. However, the men retracted their confessions during the trial, which they said they had made after being tortured. They described the brutal methods of torture and showed their injuries. Furthermore, 11 witnesses from the village of Dusun Salena stated that the 10 suspects were not involved in the attack on the police officers. According to their testimony (which corresponds to that of the suspects'), only three persons attacked the police.

The two other suspects, Nanga and Masuna, were acquitted; the judge noted that they had helped the police with information regarding Madi's whereabouts. The prosecutor however, has asked for an appeal to be heard at the Supreme Court regarding their acquittal.

I am concerned that even though the Central Sulawesi Provincial Police promised to investigate the torture complaint of the farmers in December 2005 and punish the perpetrators if they were found to have committed torture, no investigation has been conducted. These farmers have been denied redress for the brutal torture they suffered, and now their rights have been further violated by being unjustly sentenced.

I urge you to exert your influence and ensure that this case is reinvestigated in an impartial and thorough manner so that these farmers may obtain justice. Furthermore, the torture complaint made by them against the police must be immediately investigated and the perpetrators must be prosecuted and punished accordingly.

I look for your prompt action regarding this case.

Yours sincerely,
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PLEASE SEND LETTERS TO:

1. Prof. Dr. Bagir Manan
Chief Justice
Supreme Court
Jalan Merdeka Utara No. 11 - 13
Jakarta Pusat 10110
INDONESIA
Tel: +62 21 3811957 / 345 2223
Fax: +62 21 381 0357

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
Email: postmaster@kejaksaan.or.id

3. Gen. Sutanto
Chief of National Police
Jl. Trunojoyo No. 3
Jakarta Selatan
INDONESIA
Tel.: +62-21-721 8144
Fax: +62-21-720 7277, 201402

4. Brig.-Gen. Oegroseno
Head of Central Sulawesi Provincial Chief of Police
Jl. Sam Ratulangi No. 46
Palu
Central Sulawesi
INDONESIA
Tel/Fax: +62-451-421555

5. Mr. Abdul Hakim Garuda Nusantara
Chairperson
KOMNAS HAM [National Human Rights Commission of Indonesia]
Jl. Latuharhary No. 4B Menteng
Jakarta Pusat 10310
INDONESIA
Tel: +62 21 3925230
Fax: +62 21 3151042/3925227
E-mail: info@komnasham.or.id

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

Document Type :
Urgent Appeal Update
Document ID :
UP-120-2006
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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.