UPDATE (Indonesia): Only one torture perpetrator charged with maltreatment while the others are still at large in Kupang 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UP-121-2005
ISSUES: Administration of justice,

Dear friends,

The Asian Human Rights Commission (AHRC) has received updated information from the Initiative for the Development of People’s Advocacy (PIAR) in East Nusa Tenggara, Indonesia regarding the torture of a colleague student Elfrianus Alfred Ulu (23) by the prison officials of the Penfui Prison, Kupang.

According to the information we have received, only one suspect out of five was tried merely regarding “maltreatment” charges and sentenced to a light jail term by the court. The other suspects are still at large. The Kupang police delayed arresting the other suspects under the pretext of lack of evidence, even though the East Nusa Tenggara regional office of the Ministry of Justice and Human Rights, which has supervision over the Penfui Prison, told the media that they found that the four officials were involved in the torture of Alfred Ulu according to their internal enquiry.

In March 2005, Alfred Ulu was brutally tortured by five prison officers of the Penfui prison where he was detained without trial. He was later released without charge. Due to torture, he suffers from total blindness and other injuries and has had to stop his study.  (See further: UA-148-2005).

The AHRC is gravely concerned by the Indonesian police’s inaction to arrest the remaining suspects and the lack of legal remedy to torture victims in Indonesia. The Indonesian government ratified the UN Convention against Torture (CAT) but failed to make adequate and applicable measures to prevent and criminalise acts of torture and to make the acts punishable by appropriate penalties. Furthermore, there is no clear reparation or compensation procedure for torture victims.

We call for your urgent intervention in this matter. Please write an appeal letter to the Indonesian government and request them to arrest the four other prison officers, to bring its penal code into accordance with the Convention and to provide adequate compensation to the victim.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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UPDATED INFORMATION:

Name of the victim: Elfrianus (Alfred) Ulu, 23, student at the Maritime Academy of Kupang, capital of East Nusa Tenggara Province, Indonesia.
Alleged perpetrators: Yupiter M. Bolla; Ferdinand S. Kiuk; Benyamin Lede Kana; Nelson Hatu Riwu; Yusuf Stefanus Dalla — all prison officials of the Penfui Correctional Institution, Kupang
Place of incident: Penfui Correctional Institution, Kupang
Date of incident: 5-8 March 2005

A criminal trial of Yupiter M. Bolla, who was only charged with maltreatment (not with torture), was started at Kupang District Court on 6 September 2005 and several court hearings were held in September. During the court hearings, Alfred Ulu testified that beside Bolla the other four officials of the Penfui Prison, namely Ferdinand S. Kiuk, Nelson Hatu Riwu, Benyamin Lede Kana and Yusuf Stefanus Dula were also involved in his torture. However, Yupiter M. Bolla maintained that he had carried out the torture alone. The Court issued the verdict on October 7 and sentenced three-year imprisonment to Yupiter M. Bolla. The judge also added that he should not be detained in Penfui Prison to avoid possible special treatment by the prison authority. However, there was no court decision regarding the compensation to the victim. Alfred Ulu and his family denounced the court verdict and said that the sentence is too light, considering the seriousness of the crime and the grave suffering of the victim.

East Nusa Tenggara regional office of the Ministry of Justice and Human Rights, which has supervision over the Penfui Prison, conducted an internal enquiry into this torture case. After that, the head of office allegedly told the media that they found that the other four prison officials were involved in the maltreatment of Alfred Ulu. However, the Kupang police have failed to take active action to arrest and prosecute these officials, merely saying that they are still collecting evidence. Additionally, there has been no information as to whether any disciplinary or legal action was taken against the Kupang police for illegally arresting and detaining Alfred Ulu.

Meanwhile, on October 3, Alfred Ulu’s defence lawyer from the Alliance of
Indonesian Lawyer (Serikat Pengacara Indonesia) sued 11 governmental officials. They are the Minister of Justice and Human Rights, Head of the East Nusa Tenggara Regional Office of Justice and Human Rights and 9 officials of the prison department of Kupang, including the head of the department. The case was registered and the court hearing will begin this month. In his complaint, the victim requested the government to provide compensation 10,000,000,000,000 Rupiah (USD 990,883,868) for cornea change surgery, 10,000,000 Rupiah (USD 991) for covering medical expenses since March 2005, and another 500,000,000 Rupiah (USD 49, 544) for causing the discontinuance of his study.

This case clearly illustrates why the Indonesian government should immediately implement the UN Convention against Torture (CAT) at the domestic level. Without this, torture victims will never have a chance to have effective remedies and torture perpetrators will be encouraged to continue their crimes.

SUGGESTED ACTION:
Please send a letter to the persons below and express your concern about this serious case.

 

 

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

SAMPLE LETTER

Dear ___________,

Re: INDONESIA: Only one torture perpetrator charged with maltreatment while the others are still at large in Kupang

Name of the victim: Elfrianus (Alfred) Ulu, 23, student at the Maritime Academy of Kupang, capital of East Nusa Tenggara Province, Indonesia. 
Alleged perpetrators: Yupiter M. Bolla; Ferdinand S. Kiuk; Benyamin Lede Kana; Nelson Hatu Riwu; Yusuf Stefanus Dalla -- all prison officials of the Penfui Correctional Institution, Kupang
Place of incident: Penfui Correctional Institution, Kupang
Date of incident: 5-8 March 2005

I am writing to bring to your attention the torture of Elfrianus Alfred Ulu allegedly by five officials of the Penfui Prision in Kupang, Indonesia, which took place in March 2005. Due to the torture, Alfred Ulu now suffers from total blindness, other injuries and trauma and has had to stop his study. 

According to the latest information I have received, Kupang District Court merely sentenced a light three-year jail term to one of the five suspects named Yupiter M. Bolla on the charge of "maltreatment". The other four suspects are still at large. In addition, there was no attempt or decision by the court to compensate the victim. Meanwhile, the Kupang police delayed arresting the other suspects under the pretext of lack of evidence, despite the head of East Nusa Tenggara regional office of the Ministry of Justice and Human Rights confirming to the media that they had found that the four officials were involved in the torture of Alfred Ulu according to their internal enquiry. Additionally, there has been no information as to whether any disciplinary or legal action was taken against the Kupang police for illegally arresting and detaining Alfred Ulu.

Under these circumstances, I strongly urge you to take appropriate action to arrest and prosecute the four other prison officials. I also urge you to take disciplinary/legal action against the Kupang police for illegal arrest and detention of the victim. In particular, I urge you to ensure that adequate compensation and medical assistance are given to the victim. Finally, I again urge the Indonesian government to criminalize acts of torture and make them punishable by appropriate penalties by implementing the UN Convention against Torture (CAT) into the domestic level without further delay. Unless these provisions are complied with, torture victims will have no recourse to effective remedies and there will be no way to eliminate torture in the country.

Yours sincerely,


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PLEASE SEND A LETTER TO:

1. Gen. Sutanto
Chief of Police
Jl. Trunojoyo No. 3
Jakarta Selatan
INDONESIA
Tel.: +62-21-721 8012
Fax: +62-21-720 727

2. Brig.-Gen. Eduard Aritonang
Head of the East Nusa Tenggara Provincial Police
Jl. Jendral Soeharto
Naikoten I
East Nusa Tenggara
INDONESIA
Tel. +62-380 821643 
Fax. +62-380 833132

3. Mr. Hamid Awaluddin
Minister of Justice and Human Rights 
Uahi Utoyo Usman S.H., 
Menteri Kehkiman, 
JI. H.R. Rosuna Said Kav. 6-7
Kuningan, Jakarta Selatan
INDONESIA 
Fax: + 62 21 525 3095

4. Mr. Anthony Silitonga
Head of the East Nusa Tenggara Regional Office for Justice and Human Rights
Jl. WJ Lalamentik No. 98 
Kupang
INDONESIA
Tel: +62-380 833101
Fax: +62-380 821126

5. Director General 
Department of Corrections
Jalan Veteran No.11
Jakarta Pusat 
INDONESIA 
Tel/Fax: +62 21 3857612

6. 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

7. Mr. Agustin Teras Narang,
Chairperson
Commission III on Justice and Human Rights
House of Representatives
Jl. Jend. Gatot Subroto 
Jakarta 10270
INDONESIA
Fax: +62-21-571 5532

8. 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)
E-mail: ssyed@ohchr.org


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (AHRC)

Document Type : Urgent Appeal Update
Document ID : UP-121-2005
Countries : Indonesia,
Issues : Administration of justice,