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INDONESIA: Bandung activists were tortured, face unfair trial

November 29, 2001

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

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

Update on Urgent Appeal, 29 November 2001
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UP-43-2001 (RE: UA-27-2001 - 19 Bandung Detainees)

INDONESIA: torture by police, unfair trial, political arrests, denial of right to freedom of assembly, expression, association
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AHRC welcomes the recent capture by the Indonesian police of Tommy Suharto - fugitive son of Gen. Suharto, accused of crimes ranging from corruption and graft to bombings and the assassination of a judge. However, we have serious doubts about the ability of the criminal justice system to proceed effectively, as the system is fundamentally flawed. Time and time again the influential elite and members of military and police charged with horrendous human rights crimes are not prosecuted or let off with ridiculously light sentences; while the poorer sections calling for decent wages and conditions, land for peasants or self-determination for indigenous peoples are harshly punished for raising their voices.

Little has changed since Suharto was removed from office because the criminal justice system has remained the same. Indonesia has the same judges, the same bribery, the same culture of impunity for the elite and repression for the democratic forces.

BANDUNG ACTIVISTS

AHRC is today releasing a report of the torture and other human rights violations experienced by 19 human rights defenders in Bandung, Indonesia. They were arrested on June 14th during a protest against rising oil prices. AHRC interviewed 9 of the defendants and attended the trial of 10 of the 19 defendants on October 17. The data collected demonstrates unfair trial procedures that have thus far failed to take into account the use of torture by the police against the defendants for the purpose of punishment, intimidation and making confessions, and numerous other human rights violations. Following is an excerpt from the report. Please view this excerpt and scroll down to see what action you can take on behalf of the tortured defendants from Bandung.
[For a full copy of the report, see www.ahrchk.net ]

"CONCLUSIONS AFTER OBSERVATION AND INTERVIEWS

"There are many serious and fundamental flaws in the juridical process handed out to the 19 persons accused, which have denied them any hope of a free and fair trial. The violations of human rights include:
1. Use of torture and other forms of inhuman or degrading treatment or punishment;
2. Excessive, violent and irrelevant interrogation;
3. Forced confessions and intimidation to sign unread or false statements and failure to supply copies to the defendants;
4. Acceptance of forced confessions in court;
5. Failure to properly investigate allegations of torture;
6. Lack of proper medical assistance;
7. Denial of access to independent lawyers;
8. Detention incommunicado for a period of 5-7 days;
9. Police refusal to give information about detainees to families;
10. Use of civilians for violent apprehension of suspects;
11. Denial of water to those suffering exposure to teargas;
12. Denial of proper food;
13. Persistent delays in trial proceedings;
14. Unfair trial.

"1. Torture

"The most serious of these problems is the severe torture that the accused have suffered at the hands of the police. This torture has been carried out: (a) at the scene of the rally (a place known as 'Gasibu'); (b) at the second site the accused were taken to (about 50m away; a place called 'Gedung Sate'); (c) in the police vehicle on the way to the police station; (d) at the Bandung Police Station itself; and (e) at Polisi Daerah Jawa Barat (known as 'Polda Jabar') where they were subsequently detained. This torture was used to intimidate the victims and to make them sign statements written by the police. The physical forms of torture by police included:
- beatings with fist;
- striking with weapons, including guns, teargas guns, and bamboo poles (roton);
- severe kicking, including to the head, groin, abdomen and sternum;
- stabbing with bayonet;
- burning with lit cigarette butt; and
- denial of medical attention and stitching without anaesthetics.

"Many injuries were sustained, including
- concussion and loss of consciousness
- deep wounds and gashes;
- profuse bleeding;
- severe bruising;
- hearing loss;
- back injury;
- headaches; and
- burns.
"The food provided (hardened rice, salted fish, fermented beans) could also be considered a form of torture, as it caused bleeding from the anus in at least one defendant and prompted a hunger strike by many of the detainees.

"The psychological torture took the form of incessant accusations of being 'provocateurs'; excessive and irrelevant interrogation; being told by police that the other defendants had been killed by electric shock; denial of access to family and lawyers; detention incommunicado; and daily verbal abuse."

THE DEFENDANTS

The 10 defendants who faced trial on October 17th 2001 are as follows.

(File No. 726/Pid.B/2001/PN.Bdg):
1. Normalinda binti Muslim, 20, student at UNPAD (Art. 160,170)

Second Group (File No. 741/Pid.B/2001/PN.Bdg):
2. Albertus Budi Pratomo, 22, worker at PT MSP (Art. 160,170)
3. L.V. Mardiyono, 23, worker at PT Tiansi (Art. 160, 170)
4. Kahpi, 23, worker (Art. 160,170)
5. Edi Irwansah, 20, labourer at PT JM (Art. 160,170)
6. Wirya Wangsa Direja, 24, labourer (Art. 160,170)
7. Deny Kusmarna, 22, labourer at PT Trijaya Utama (Art. 160,170)
8. Maraden Sinaga, 23, student at UNDAP (Art. 160,170)
9. Deny Nugraha, 33, worker (Art. 160,170)
10.Hiskia Hartono, 31, student (Art. 160,170)

File No. 272/Pid.B/2001/PN.Bdg:
11. George Dominggus Hormat, 21, student at ITB (Art. 160,170)

File No. 730/Pid.B/PN.Bdg
12. Fransiskus Xavarius Fernubun (Black), 21, worker (Art. 160,170)

No File No. as yet:
13. Asep Ruhyat, 26, NGO worker at "Dewan Kota" (Art. 160, 170)
14. Didin Suherman, 20, NGO worker at "Dewan Kota" (Art. 160, 170)
15. Anton Jauhari, 23, student, GPRI (Art. 160, 170)
16. Andi Hartono, 22, student at ITB (Art. 160, 170)
17. Yopi Wijaya, 21, student at ITB (Art. 160, 170)
18. Sridarwanti, 24, student at STSI (Art. 160, 170)
19. Doni Danudirjo, 21, student at ITB (Art. 160, 170)

WHAT THE UN IS SAYING ABOUT TORTURE IN INDONESIA

Last Friday the UN Committee Against Torture, after consultations with the Indonesian government, made some serious conclusions about the practice of torture in Indonesia:

The Committee recommended that Indonesia establish an effective, independent complaints system to undertake prompt investigations into allegations of ill-treatment by police and other officials, that the length of pre-trial detention be reduced; that human rights defenders be protected from harassment and threats; and -- citing what it called a "climate of impunity" -- that it ensure that all persons, including senior officials, who were involved in the perpetration of torture were prosecuted. It said positive aspects of the Indonesian report included the establishment of Human Rights Courts and the recent formal separation of the police from the military.

Concern was cited, among other things, about the large number of allegations of torture and ill-treatment committed by members of the police forces, the army and paramilitary groups reportedly linked to the authorities; about allegations of excessive use of force against demonstrators; about allegations that paramilitary groups reported to be perpetrators of torture and ill-treatment were supported by the military and sometimes reportedly were joined by military personnel; about allegations that abuses were sometimes committed by military personnel employed by foreign companies in Indonesia to protect their premises and to avoid labour disputes; and about an apparent climate of impunity in Indonesia for acts of torture.

SUGGESTED ACTION

At this stage, it is vital to request the President and Minister of Justice and the National Human Rights Commission to intervene on behalf of the defendants, and to call for complete reform of the criminal justice system.

SAMPLE LETTER

Your Excellency

You would be aware of the case of the 19 persons arrested on June 14 in Bandung (File No's. 726/Pid.B/2001/PN.Bdg; 741/Pid.B/2001/PN.Bdg; 272/Pid.B/2001/PN.Bdg; 730/Pid.B/PN.Bdg; plus 7 others still being processed) for participating in a peaceful demonstration on that day against the increased oil prices being planned by your predecessor. It is apparent that the defendants have in fact faced multiple torture at the hands of the Bandung police in several locations, that they were detained incommunicado and ill-treated in many ways, intimidated to sign confessions and interrogated for the purpose of gathering intelligence about democratic movements. In addition to this, the trial they are facing in the Bandung District Court is clearly unfair, as testified by international observers. I urge you to intervene in this case to ensure that the defendants do not suffer further from a criminal justice system that is still operating as it did under Suharto. I further request that you take all efforts to reform this system so that it is capable of prosecuting those guilty of gross human rights violations, and is no longer used as a tool of repression, and urge you to implement the recent recommendations made to you by the UN Committee Against Torture.

Yours sincerely
________________

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SEND LETTERS TO:

Mr. Ihza Mahendra YUSRIL
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
SALUTATION: Dear Minister

SEND COPIES TO:

Mrs. Megawati Sukarnoputri
President, Republic of Indonesia
Presidential Palace, Jakarta
Istana Negara, Indonesia.
Fax: (62 21) 345 7782
SALUTATION: Your Excellency

Mr. Asmara Nababan
Secretary General
Komnas HAM
Jl. Latuharhary No. 4B Menteng
Jakarta Pusat
FAX: (62 21) 392 5227
EMAIL: info@komnas.go.id
SALUTATION: Dear Mr. Nababan

Document Type :
Urgent Appeal Update
Document ID :
UP-43-2001
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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.