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Indonesia: Police shoot to death two farmers in Pekanbaru
Asian Human Rights Commission Urgent Appeal – June 15, 2010 (see sample letter below)
Urgent Appeal Case: AHRC-UAC-087-2010
Dear friends,
The Asian Human Rights Commission (AHRC) has received information regarding the shooting of Ms. Yusniar and Mr. Disman. The shooting was allegedly conducted by police officers from Kuansing Police Station and Mobile Brigadier (Brimob) Unit of Riau Police Station. Due to the shooting, both Ms. Yusniar and Mr. Disman died.
Case narrative:
A group of villagers and farmers of Koto Cengar village held a protest against a palm company, Tribakti Sari Mas, Inc. (PT TBS) on 8 June, 2010. The protest was triggered by local farmers believing that the share of profits awarded to them by the palm company was not enough.
The protest turned into a clash between police and villagers which resulted in the death of Ms. Yusniar and Mr. Disman, two villagers involved in the protest. Ms. Yusniar was shot on her back and the bullet penetrated into her chest, while Mr. Disman was shot in the chest. Ms. Yuniar died instantly, while Mr. Disman died on his way to the hospital.
According to Public Relations Head of Riau Police Station, Adjutant Senior Commissioner (AKB) Zulkilfli, the police had to shoot Ms. Yusniar and Mr. Disman because the villagers supposedly "harvested the palm illegally, burnt a police car, and 30 houses of PT TBS". Head of Kuantan Singingi Police Station Adjutant Senior Commissioner RA Kasenda said that the villagers attacked the police first that, and in response, the police had no option but to shoot them. Police fired warning shots but they were ignored. He argued that there were about 500 villagers involved in the protest, most of whom were carrying sharp weapons, whereas there were only 200 police officers.
However, villagers and eyewitnesses told different story. According to eyewitness testimony, it was the police who started the clash first and provoked the villagers.
Suggested action:
Please send your letter to authorities listed below calling for them intervention into this case. Urge the relevant authorities to investigate the case properly and punish the perpetrators according to law.
The AHRC writes a separate letter to UN Special Rapporteur on extrajudicial, summary or arbitrary executions calling for his intervention into this case.
To suppor this appeal, please click here: http://www.ahrchk.net/ua/support.php?ua=UAC-087-2010.
Dear __________,
Indonesia: Police shoot to death two farmers in Pekanbaru
I seriously regret and condemn the use of excessive force on the part of the police which caused the death of civilians. Article 3 of Code of Conduct for Law Enforcement Officials clearly states that 'law enforcement officials may use force only when strictly necessary and to the extent required for the performance of their duty'. Furthermore, Principle 5 letter (a) and (b) of Basic Principles on the Use of Force and Firearms by Law Enforcement Officials mentions that even in condition when lawful use of force and firearms is unavoidable, the law enforcement shall exercise restraint in such use and act in proportion to the seriousness of the offence and the legitimate objective to be achieved as well as to 'minimise damage and injury, and respect and preserve human life'.
Such provision is not only recognised in the international instruments I have mentioned but also in domestic regulations in Indonesia. The Regulation of the Chief of the Indonesian National Police Number 8/2009 has clearly emphasized that it is important for police officers to respect human rights in exercising their duties and obligations.
I would like to highlight that what has happened in this case is not only a violation of international standards and Indonesia domestic regulations,but worse, it is a violation of human rights, particularly the right to life of Ms. Yusniar and Mr. Disman. Article 28A and article 28I paragraph (1) of 1945 Constitution guarantees the right to life of every single person within Indonesia's territory. Indonesia has also ratified the International Covenant on Civil and Political Rights in 2005 which recognised right to life as a right which cannot be derogated in any conditions.
Based on all of this fact, it is your obligation to ensure that the perpetrators who shot Ms. Yusniar and Mr. Disman will be punished according to law. The death of these both villagers alone was a failure of Indonesian government to protect their inhabitants' life. If this case vanishes, and the perpetrators go unpunished, this will prove yet another failure of the Indonesian government's duty to protect and promote human rights.
I am looking forward to your swift actions.
Yours sincerely,
Please send your letters to:
1. Brig. Gen Pol. Adjie Rustam
Ramdja
Head of Riau Police Station
Jl. Senepelan 10
Riau
INDONESIA
Tel: +62 761 20084
Fax: +62 761 31783
2. General Bambang Hendarso
Danuri
Chief of Indonesian National
Police
Jl. Trunojoyo No. 3
Jakarta Selatan
INDONESIA
Tel: +62 21 721 8012
Fax: +62 21 720 7277
Email: polri@polri.go.id
3. Ms. Harkristuti Harkrisnowo
General Director of Human
Rights
Department of Law and Human
Rights Republic of Indonesia
Jl. HR Rasuna Said Kav.6-7
Kuningan,
Jakarta 12940
INDONESIA
Tel: +62 21 525 3006, 525
3889, 526 4280
Fax: +62 21 525 3095
4. Mr. Susilo Bambang Yudhoyono
President of Republic of
Indonesia
Presidential Palace,
Jl. Medan Merdeka Utara
Jakarta Pusat 10010
INDONESIA
Tel: +62 21 384 5627, ext.
1003
Fax: +62 21 231 4138, 345
2685, 345 7782
Email: mallarangeng@yahoo.com
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission
(ua@ahrc.asia)
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