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Indonesia: Police burned a man alive over private matter in Semarang, Central Java

Asian Human Rights Commission Urgent Appeal - May 19, 2008 (see sample letter below)

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from the Community Legal Aid Institute in Indonesia (LBH Masyarakat), a non-profit civil society organisation in Indonesia providing legal aid and building a community-based human rights monitoring system, that police officer allegedly tortured a man after illegal arrest and burned him alive in Semarang, Central Java on 14 May 2008. The man is currently in intensive care due to severe injuries.

Case details

Syamsul Hadi, 34-year-old was at his friend's house on 14 May 2008. According to the information received, police inspector Sugeng attached to Semarang Police Office in plain clothes and two others came to the house and arrested Syamsul Hadi without reason around midnight. Then, Sugeng took him to a minivan and dropped his two colleagues at the police office while Syamsul was still inside the van. Sugeng drove the van around the city for several hours.

The police inspector Sugeng severely beat Syamsul while Syamsul was blindfolded and his hands and feet were tied up. On arrival in Lingkar Peganjaran Road, Kudus district, Sugeng dragged him out of the van and poured gasoline on Syamsul's body and burned him alive. Then, Sugeng left him on the highway.

Syamsul managed to survive and was found by local villagers in the bushes with severe burn over his body. He is currently under the Intensive Care Unit of Kudus hospital. He is guarded by several policemen because he is the key witness to the incident.

Initial police investigation reported that the motive of this crime is love.. Sugeng was arrested on 15 May 2008 afternoon by the Central Java Regional Police and interrogated by Propam Division (Ethics Division) of the Semarang Police Office.

Additional information

There is no specific, effective, reliable and independent complaint system to investigate allegations of torture by the police in Indonesia. In the internal system of the police there is Profesi dan Pengamanan (PROPAM), Profession and Security, a mechanism, for reporting various kinds of abuses committed by members of the police. Cases can range from bribery to torture. An individual who wants to complain about such abuses can file a complaint to the PROPAM division which is provided for in most police offices. Therefore, if a police officer breaches a law, commits any offence in Indonesia, the officer will be investigated by the PROPAM division. If the officer is found guilty of committing a criminal offence, he or she will be then handed over to the criminal division for the investigation in the aspect of criminal offence.

The deliberate confusion in Indonesia created by the misleading definition of torture has resulted in the non-establishment of a mechanism for reporting, investigation and punishment that reflects the gravity of the crime, thereby rendering it impossible to obtain redress by the victims. The
PROPAM mechanism that is currently available is neither preventive nor remedial and is not specific to the cases of torture.

Suggested action

Please write to the authorities below to ensure that this incident is thoroughly and impartially investigated and the police officer who attempted to kill Syamsul Hadi are punished.

The AHRC has also written to the UN Special Rapporteur on Torture calling for an intervention in this case.

Sample letter

Dear __________,

Indonesia: Police burned a man alive over private matter in Semarang, Central Java

Name of victim: Syamsul Hadi, 34-year-old
Name of alleged perpetrators: Police Inspector Sugeng and two unidentified policemen of Semarang Police Office (Polwiltabes Semarang)
Date of incident: 14 May 2008
Place of incident: Peganjaran Road, Kudus district, Central Java province

I am writing to express my deep concern regarding the case of illegal arrest and torture of a man by police officer attached to Semarang Police Office on 14 May 2008.

According to the information that I have received, Police Inspector Sugeng and two unidentified policemen illegally arrested Syamsul Hadi from his friend's house and blindfold him and tied up his hands and feet by minivan. From the information that I have learned, Sugeng allegedly tortured him after he dropped two other officers at the police office, and poured gasoline and burned him alive at Lingkar Peganjaran Road, Kudus district and left him on the highway.

I am informed that while Syamsul was brought to Kudus hospital by villagers who found him in the bushes with severe burns and is now under the intensive care, Sugeng is arrested by the Central Java Regional Police on May 15 and being inquired by Propam Division (Ethics Division) of the Semarang Police Office.

In light of the above, I urge you to ensure an impartial and proper investigation into this alleged case. If it is proven to be true, the responsible police officers involved in torturing the victim should be prosecuted and accordingly punished according to the law. I also urge you to draw your special attention that the victim, who has been under intensive care, is afforded all necessary medical treatment. Effective remedy including adequate compensation must be provided the victim and his family.

Lastly, I take this opportunity to call upon you to take genuine steps to adopt implementing legislation for the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment without delay to which Indonesia is a state party since 28 October 1998. In this regard, I finally urge you to amend the Criminal Code in compliance with international standards.

I sincerely look forward to your quick and effective response in this matter.

Yours sincerely,

Please send your letters to:

1. Mr. Susilo Bambang Yudoyono
President
Republic of Indonesia
Presidential Palace
Jl. Medan Merdeka Utara
Jakarta Pusat 10010
INDONESIA
Tel: + 62 21 3845627 ext 1003
Fax: + 62 21 231 41 38, 345 2685, 345 7782

2. Mr. Hendarman Supandji
Attorney General
Kejaksaan Agung RI
Jl. Sultan Hasanuddin No. 1
Jakarta Selatan
INDONESIA
Tel: + 62 21 7221337, 7397602
Fax: + 62 21 7250213

3. Gen. Sutanto
Chief of National Police
Jl. Trunojoyo No. 3
Jakarta Selatan
INDONESIA
Tel: +62 21 721 8012
Fax: +62 21 720 7277

4. Mr. Ifdhal Kasim
Chairperson
KOMNAS HAM (National Human Rights Commission)
Jl. Latuharhary No. 4B Menteng
Jakarta Pusat 10310
INDONESIA
Tel: +62 21 3925230
Fax: +62 21 3151042/3925227

Thank you.

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

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