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Investigation warned of police torture claims in Jakarta school case
Sydney Morning Herald - September 13, 2016
A report by the National Commission on Human Rights (Komnas HAM), obtained by Fairfax Media, outlines claims by some of the suspects, who were cleaners at the school, that "they were forced to admit their action because they could not stand being tortured any longer".
"With regards to the allegations of torture, Komnas HAM needs to further investigate to uncover the truth," the report says. "We also urge that the legal process is not carried out in ways that violate the law and human rights."
Five Indonesian cleaners, Canadian teacher Neil Bantleman and Indonesian teaching assistant Ferdinant Tjiong have been jailed for up to eleven years for the alleged sexual abuse of three kindergarten children at the school in 2013 and 2014.
Lawyers and family members of the cleaners and teaching staff insist they are innocent and plan to request a judicial review of the case, which is the last legal resort.
Komnas HAM conducted an investigation after receiving complaints in September and October 2014 from lawyers for the cleaners and teachers, lawyers for an alleged victim's family and parents from the Jakarta Intercultural School, who all requested the commission monitor the legal process.
The Komnas HAM investigation was completed while the trial was ongoing in the South Jakarta District Court. The report has never been publicly released.
It details horrific allegations of cigarette burns and beatings that were so severe the wife of one of the cleaners, Syahrial, did not recognise her husband's face because of the wounds and bruises.
Another cleaner – Agun Iskandar – alleged a police investigator covered his face with duct tape, whipped him with a hose, hit his chest, electrocuted him and smeared his genitals with balm and chilli sauce.
"The corroboration is when Epi Gunawan [his brother] paid a visit to the suspect, there were wounds around the eyes and face and scars from cigarette burns," the report says.
"Based on these findings it is clear that the actions committed by investigators of the PPA (women's and children's affairs) Unit of the Jakarta police against the suspects were cruel and inhumane and degraded human dignity."
The report does not explicitly state if it believes the alleged sexual abuse occurred.
However Komnas HAM found at least four human rights violations in the event of the alleged sexual assault at the Jakarta Intercultural School. One of these was a violation of children's rights, especially the right not to be a victim of abuse.
There was also a violation of the right to live (a sixth cleaner, Azwar, died in custody), a violation of the right not to be treated in a cruel, inhumane and demeaning way (the alleged torture of the cleaners) and a violation of the right to a feeling of security.
Police claimed Azwar died from drinking bleach he found in the toilet while in custody. The Komnas HAM report says further evidence, such as an autopsy, was required to establish the actual cause of death.
"In this case, Jakarta police investigators were negligent in failing to prevent actions that could endanger the suspect under their care," the report says.
Its recommendations included that the Indonesian police chief investigate the alleged torture of the cleaners and the alleged network of perpetrators of sexual violence against children at Jakarta Intercultural School and that the school increase its security, such as installing CCTVs on every corner.
Yayah Heriyah told Fairfax Media she did not see her husband, Syahrial, who was a cleaner at Jakarta Intercultural School, until five days after his arrest in 2014. Police said she could not visit prior to this because the investigation was ongoing.
Asked if she was shocked when she saw Syahrial for the first time, she said: "I wasn't just shocked, I didn't recognise him at all. There were bruises all over his body and face but there were more bruises on his face, especially around his eye."
Ms Yayah said the judicial review was the family's last legal avenue. "I hope the Supreme Court will decide that my husband is innocent. There is nothing else we can do, we are just poor people, we can only hope for the best."
The alleged sex abuse at Jakarta Intercultural School has attracted intense international scrutiny and raised questions about the integrity of the Indonesian legal system.
Canadian Prime Minister Justin Trudeau brought up Mr Bantleman's case with Indonesian President Joko Widodo at the G20 summit in China this month. "I'm constantly talking about how important it is to respect the rule of law and to defend Canadians' rights abroad," Mr Trudeau said.
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