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ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal

12 January 2006
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UA-020-2006: INDONESIA: Torture of two villagers by police in South Sumatera over permission letters to buy cows

INDONESIA: Custodial torture; Police brutality; Rule of law
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Dear friends,

It has come to the attention of the Asian Human Rights Commission (AHRC) that two men were tortured by police officers in Buay Runjung, South Sumatera, Indonesia on 23 November 2005. Arafik Bin Amri and Hendri Bin Suandi were returning home after buying cows, and were stopped by police officers from the Sector Police Office of Buay Runjung, allegedly to check their permission papers. Although the men had the necessary documents, the police proceeded to harass and assault them.

While an inquiry into the incident is ongoing, there is a lack of transparency and there are concerns that the inquiry will not lead to any disciplinary sanctions or criminal proceedings, as is common in Indonesia. The AHRC therefore urges you to write to the relevant authorities and demand that criminal proceedings be instituted against the responsible officers, and they be suspended from their duty in the meantime. Adequate compensation must also be provided to the victims. Furthermore, it is essential that Indonesia amends its domestic legislation regarding torture in conformity with the provisions of the UN Convention against Torture, to which it is a party.

Urgent Appeals Programme
Asian Human Rights Commission
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DETAILED INFORMATION:

Name of victims: Arafik Bin Amri (25), Hendri Bin Suandi (20) and Hendra Gunawan (25)
Name of alleged perpetrators: Briptu Bram Fahlevi, Briptu Rahmat Dedi Kurniawan,  Bripda Meki Daniel Ortega, Bripda Niko Apero Atma, Bripda Hendy Afrizal, Bripda Okky Sakti, Bripda Herwindo, Bripda Andi Triana, the police officers in Sector Police Office of Buay Runjung, South Sumatera
Place of incident: Sector Police Office of Buay Runjung, South Sumatera
Date of incident: 23 November 2005

On 23 November 2005, at 10am Arafik Bin Amri and Hendri Bin Suandi went to buy two cows, one each from the villages of Kota Aman and Negeri Batin Baru, Buay Runjung Sub District, OKU Selatan District, South Sumatera. They went with Hendra Gunawan, a driver.

After buying the cows and obtaining the necessary permission and reference letters from the head of both villages, the three men began their journey home. On the way, at 8pm, two police officers from the Sector Police Office of Buay Runjung stopped them and ordered them to turn in to the police station, ostensibly so the police could check their permission letters. The officers asked Arafik and Hendri for a permit letter from the Resort Police Office of OKU Selatan, which in fact it was not necessary for the men to obtain as they were still in the same district.

After waiting for one hour, Arafik and Hendri asked the officers how much longer it would take. One officer became angry and began to hit Arafik with his gun and a flash light in the front yard. The second officer hit Hendri and threatened to shoot Hendra Gunawan if he attempted to help them.

After assaulting Arafik, the officers dragged him away by his legs to the back yard. They then stripped him naked and put him in the custody room until midnight. Subsequently, the Chief of the Sector Police of Buay Runjung came and questioned both Arafik and Hendri, as well as some officers. Arafik told him that he had been tortured by some police officer and asked for his clothes, wallet, mobile phone and money. Although his clothes and wallet were returned, Arafik lost his mobile phone and a sum of Rp. 200,000 (20 USD).

The police chief then allegedly went to question some other officers, leaving Arafik and Hendri with the officers inside his office. The victims were further assaulted at this time by these officers.

At 2:30 am, a police officer named Roni brought them to the Resort Police Office of OKU Selatan, where they were detained. At 7am, two officers in the detention room further assaulted them. A few hours later, they were released.

The next day, Arafik's family made a complaint to the Chief of the Sector Police, resulting in the arrest of the perpetrators a few days later. Although an inquiry into the incident is apparently ongoing, there are concerns that with the lack of transparency in the inquiry, there is likely to be little disciplinary or criminal action taken against the officers. This is a common occurrence in Indonesia, resulting in the perpetuation of impunity for perpetrators of such abuse.

The AHRC therefore urges criminal proceedings be instituted against the responsible officers, and they be suspended from their duty in the meantime. Adequate compensation must also be provided to the victims.

SUGGESTED ACTION:
Please write to the authorities below and demand that criminal proceedings be instituted against the responsible officers, and they be suspended from their duty in the meantime. Adequate compensation must also be provided to the victims.

Sample letter:

Dear______,

INDONESIA: Torture of two villagers by police in South Sumatera over permission letters to buy cows

Name of victims: Arafik Bin Amri (25), Hendri Bin Suandi (20) and Hendra Gunawan (25)
Name of alleged perpetrators: Briptu Bram Fahlevi, Briptu Rahmat Dedi Kurniawan,  Bripda Meki Daniel Ortega, Bripda Niko Apero Atma, Bripda Hendy Afrizal, Bripda Okky Sakti, Bripda Herwindo, Bripda Andi Triana, the police officers in Sector Police Office of Buay Runjung, South Sumatera
Place of incident: Sector Police Office of Buay Runjung, South Sumatera
Date of incident: 23 November 2005

It has come to my attention that Arafik Bin Amri and Hendri Bin Suandi were tortured by the above named police officers over permission papers to buy cows. I am gravely disturbed by this incident.

After buying two cows from the villages of Kota Aman and Negeri Batin Baru, Buay Runjung Sub District, OKU Selatan District, South Sumatera on 23 November 2005, Arafik and Hendri began their journey home with with Hendra Gunawan, a driver. The men had obtained the necessary permission and reference letters from the head of both villages.

On the way, at 8pm, two police officers from the Sector Police of Buay Runjung stopped them and ordered them to turn in to the police station, ostensibly so they could check their permission letters. The officers asked Arafik and Hendri for a permit letter from Resort Police Office of OKU Selatan, which in fact it was not necessary for the men to obtain as they were still in the same district.

After waiting for one hour, Arafik and Hendri asked the officers how much longer it would take. One officer became angry and began to hit Arafik with his gun and a flash light in the front yard. The second officer hit Hendri and threatened to shoot Hendra Gunawan if he attempted to help them. Arafik was then dragged him away by his legs to the back yard. They then stripped him naked and put him in the custody room until midnight. Subsequently, the Chief of the Sector Police of Buay Runjung came and questioned both Arafik and Hendri, as well as some officers inside his office. Arafik told him that he had been tortured by some police officer and asked for his clothes, wallet, mobile phone and money. Although his clothes and wallet were returned, Arafik lost his mobile phone and a sum of Rp. 200,000 (20 USD).

The police chief then allegedly went to question some other officers, leaving Arafik and Hendri with the officers inside his office. The victims were further assaulted at this time by these officers.

At 2:30 am, a police officer named Roni brought them to the Resort Police Office of OKU Selatan, where they detained. At 7am, two officers in the detention room further assaulted them. A few hours later, they were released. The next day, Arafik's family made a complaint to the Chief of Sector Police, resulting in the arrest of the perpetrators a few days later.

Although an inquiry into the incident is apparently ongoing, I am concerned that with the lack of transparency in the inquiry, there is likely to be little disciplinary or criminal action taken against the officers. This is a common occurrence in Indonesia, resulting in the perpetuation of impunity for perpetrators of such abuse. One of the main reasons for this is the inadequate domestic legislation on torture, despite Indonesia being party to the UN Convention against Torture. I therefore urge you to take all measures possible to ensure that the domestic legislation is amended immediately.

I further urge you to ensure that criminal proceedings are immediately instituted against the responsible officers, and they are suspended from their duty in the meantime. Adequate compensation must also be provided to the victims.

I look for your urgent attention in this matter.

Yours sincerely,

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PLEASE SEND LETTERS TO:

1. Mr. Susilo Bambang Yudhoyono
President Republic of Indonesia
Presidential Palace
Jakarta Istana Negara
INDONESIA
Tel: +62 21 384 5627 ext. 1003
Fax: +62 21 231 41 38/ 345 2685/ 345 7782

2. General Sutanto
Chief of National Police Republic of Indonesia
Jl. Trunojoyo No. 3
Jakarta Selatan
INDONESIA
Tel.: +62-21-721 8012
Fax: +62-21-720 7277

3. Chief of South Sumatera Provincial Police
Mapolda Sumatera Selatan
Jl. Jend. Sudirman KM. 4
Palembang
INDONESIA

4. Dr Chairul F
Chief of OKU Selatan Resort Police
Mapolres OKU Selatan
Kab. Oku Selatan Sumatera Selatan
INDONESIA

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)
E-mail: ssyed@ohchr.org

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission