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Indonesia: Surabaya police beat journalists – regional police cover up the case

Asian Human Rights Commission Urgent Appeal - June 28, 2011

Urgent Appeal Case: AHRC-UAC-120-2011

Dear friends,

Surabaya District Police officers attacked several journalists during a public parade when they refused to stop video recording the arrest and beating of a fellow journalist. The journalists later reported the case to the Surabaya resort police. The East Java Regional Police who had later taken over the case gave a false announcement of a suspect being arrested and refused to apply law no. 40/1999 regarding the press in this case. The regional police instead filed the case as ordinary violence, trying to cover up the serious nature of this attack against freedom of the press.

Case narrative:

On 7 May 2011, a number of journalists were covering the parade of the anniversary of the Falun Gong, a spiritual group, in Surabaya Indonesia. The parade started at 12.00 PM in Surabaya, East Java. At 2.00 PM, the Surabaya District Police officers disbanded the parade activities by grabbing the banner of the Falun Gong members. After Oscar Eko Nugroho, a journalist from the New Tang Dynasty newspaper complained to the police about the unnecessary force used in disbanding the crowd, he was arrested by the Surabaya district police and detained in a police truck. The local police considered his complaint as a humiliation. Inside the truck, police commissioner Subagyo, vice head of intelligence and the security unit of the Surabaya district police beat Mr. Nugroho. The violence resulted in bruises on Mr. Nugroho's head and body. (photo: Sefta's verbal investigation at provost police mechanism, source: Surabaya Press Legal Aid Institute)

Journalists captured the event of Mr. Nugroho's beating and the officers present demanded that the journalists who were recording the incident by video stop their cameras. The Police then started beating journalists who did not obey this request. Lukman Abdul Rozaq, a reporter of Trans 7 television, who had taken some pictures, was slapped and beaten by a number of police officers who wore official uniforms with masks, black vests and helmets. He was kicked in his stomach during the assault by police. Following the violence, Mr. Rozaq suffered a 2 cm deep injury on the right side of his head. Sefta Rudianto, a reporter of Elshinta radio, who tried to protect Mr. Rozaq was also beaten by the police officers. Other journalists who were violently attacked by police include: Wahyu Pratama, reporter from Java Post Media Television at that time, Joko Hermanto, a reporter from TVRI, a national TV station and Andreas Wicaksono, a reporter of Sun TV.

Around 4.00 PM, dozens of journalists together with Mr. Rozaq and Mr. Rudianto reported to the Surabaya district police. During the visit of the journalists police grand commissioner, M. Iqbal, vice head of the Surabaya District Police apologized to the journalists on behalf of the police institution.

After filing the report of their case with the police the police officers prepared a referral letter for Mr. Rozaq and Mr. Rudianto to be checked at the police clinic for visum et repertum (medical report). In the clinic, there was no doctor available and it became evident by the conduct of the clinic officer that he was attempting to delay the process. Heru Dwi Sudamanto, a reporter of Trans TV who accompanied the two victims asked for a referral to the Dr. Soetomo Hospital in Surabaya to avoid further delays.

After the doctor at the Soetomo Hospital had completed the medical report the victims returned to the Surabaya District Police to appear as witnesses to the police investigation regarding the report they had made earlier. The investigation finished at 3.00 AM. (photo: Lukman questioned by a police officer, source: Surabaya Press Legal Aid Institute)

Chief Inspector General, Untung Suharsono Radjab, head of East Java regional police, then took over the case to prevent a conflict of interest regarding this case by the Surabaya District Police. Then on Monday, 9 May 2011, journalists held a demonstration in front of the East Java Police office. The head of the police office immediately agreed to speak with them and promised to investigate the case in a transparent, professional and timely manner.

Mr. Rozaq and Mr. Rudianto had appointed the Surabaya Press Legal Aid Institute as their legal representative. Prior to the meeting with the police investigators, the legal counsel of the victims verbally requested investigators to add charges against the police based on article 18(1) jo. (in conjuction with) article 4 law no. 40/1999 concerning the press which penalises any hampering or obstructive action against the freedom of the press since the summons letter from the police only referred to article 170 and 351 of the Indonesian criminal code, concerning assault and joint-maltreatment. In response to the request to invoke the press law, investigators only stated that they would inform their superior.

Rachmat Mulyana, head of public relations of East Java regional police, explained to the public that the police would not apply the press law since it would "badly affect the relationship between the police and the journalists". He would not give further details. He also said that one of the perpetrators had been identified, first police brigadier, Bondan from Surabaya police district.

Mulyana explained that the charges of the criminal code would sufficient to punish Mr. Bondan and that by using the criminal code, the sentence will be higher than when applying law 40/1999 on the press. However, the victims believed that by using the law on press, the media profession would receive the appropriate protection.

To identify the perpetrators the police relied on the information given by the attacked journalists, however, some of the perpetrators were not identified. The police did not appear to make any effort to investigate further to establish the identities of the other police officers involved.

While officially, police grand commissioner, Rachmat Mulyana stated that the police had already determined one suspect, first police brigadier Bondan, according to other investigators no suspect has yet been determined. So far, the police investigators only examined police commissioner Rasyad, vice head of Genteng Sector Police, as a witness. Mr. Rasyad stated that at the incident he was protecting Mr. Rozaq when he was about to be attacked by the police officers. Mr. Rasyad also said that he did not see the assault but he did see police officers running towards Mr. Rozaq.

With regard to Mr. Nugroho's beating, the Surabaya district police held a disciplinary hearing against police commissioner Subagyo. Although the police had informed journalists that the hearing would start at 1.00 PM and media attention to the case was expected. However, the police suddenly rescheduled to an earlier time and as a result many journalists were not able to cover and monitor the event.

Suggested action:

Please write letters to the authorities listed below asking them to intervene in the case immediately.

Please be informed that the AHRC is sending letters on this case to Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, calling for strong intervention

To support this appeal, please click here: http://www.urgentappeals.net/support.php?ua=AHRC-UAC-120-2011


Sample letter:

Dear _____,

Indonesia: Surabaya police beat journalists – regional police cover up the case

I am writing to express my serious concern regarding the attack on several journalists by the Surabaya district police on 7 May 2011, at Sedap Malam street, Surabaya, East Java.

According to the information I have received from the Asian Human Rights Commission, on 7 May 2011, a number of journalists were covering the parade of the Falun Gong anniversary, which began at 12.00 PM in Surabaya, East Java. At 2.00 PM, the Surabaya district police officers disbanded the parade activities by grabbing the banner of the Falun Gong members. After Oscar Eko Nugroho, a journalist from the New Tang Dynasty newspaper complained about the unnecessary force used in disbanding the crowd, he was arrested by the Surabaya district police and detained in a police truck. The local police considered his complaint as a humiliation. Inside the truck, police commissioner Subagyo, vice head of intelligence and the security unit of Surabaya district police beat Mr. Nugroho. The violence resulted bruises on Mr. Nugroho's head and body.

I am informed that while journalists captured the event of Mr. Nugroho's beating, police officers demanded those who were using their video cameras to stop recording. The police then started beating journalists who did not obey this request. Lukman Abdul Rozaq, a reporter of Trans 7 television, who had taken some pictures, was slapped and beaten by a number of police officers who wore official uniforms with masks, black vests and helmets. He was kicked in his stomach by the police. Following the violence, Mr. Rozaq suffered a 2 cm deep injury on the right side of his head. Sefta Rudianto, reporter of Elshinta radio, who tried to protect Mr. Rozaq was also beaten by the police officers. Other journalists who were violently attacked by police include: Wahyu Pratama, reporter from Java Post Media Television at that time, Joko Hermanto, a reporter from TVRI, a national TV station and Andreas Wicaksono, a reporter of Sun TV.

At around 4.00 PM, dozens of journalists together with Mr. Rozaq and Mr. Rudianto reported to the Surabaya district police. During the report, police grand commissioner, M. Iqbal, vice of head surabaya police district apologized to the journalists on behalf on the police institution.

I also know that the officer at the police clinic attempted to delay the process when the victims wanted to conduct visum et repertum (Medical report). Then, Heru Dwi Sudamanto, a reporter of Trans TV that accompanied the two victims subsequently asked for a referral to the Dr. Soetomo Hospital in Surabaya to avoid further delays. Then, to prevent a conflict of interest at Surabaya police district, Chief Inspector General, Untung Suharsono Radjab, head of East Java regional police, then took over the case.

I wish to point out that Rachmat Mulyana, head of public relations of the East Java regional police, explained to the public that the police would not use the law on the press which punishes any hampering or obstructing action against the press freedom, to lay charges against the perpetrators. The charge against the perpetrators only referred to article 170 and 351 of the Indonesian criminal code. His reason was that using the law on the press would badly affect the relationship between the police and the journalists. He would not give further details. He also gave wrong information that one of the perpetrators had been identified, first police brigadier, Bondan from Surabaya police district and was convinced that the charges of the criminal code would be sufficient to punish him. Yet, to date, according to the police investigators, no one has been determined as the suspect in this case. Even until now, the police investigators only examined police commissioner Rasyad, vice head of Genteng Sector Police, as a witness.

I am of the opinion that the police relied on the information given by the attacked journalists, however, some of the perpetrators were not identified. The police did not appear to make any effort to investigate further to establish the identities of the other police officers involved.

So far, I am not aware of any investigation conducted on the allegations against the perpetrators. No actions were likewise taken despite the gravity of the allegations. I urge you to seriously look into the victim's allegations and take appropriate action against those found responsible.

Yours sincerely,

Please send your letters to:

1. Mr. Susilo Bambang Yudhoyono
The President of Indonesia
Jl. Veteran No. 16
Central Jakarta
INDONESIA
Phone: +62 21 3863777, 3503088
Fax: +62 21 3442223

2. Chairman of the National Police Commission (Kompolnas)
Jl. Tirtayasa VII No. 20
Komplek PTIK
South Jakarta
INDONESIA
Phone: +62 21 739 2352
Fax: +62 21 739 2317

3. Head of Indonesian Police
Markas Besar Kepolisian Indonesia
Jl. Trunojoyo No. 3
Kebayoran Baru
South Jakarta 12110
INDONESIA
Phone:+62 21 3848537, 7260306, 7218010
Fax:+62 21 7220669
Email: info@polri.go.id

4. Head of Division of Profession and Security of Indonesian Police
Markas Besar Kepolisian Indonesia
Jl. Trunojoyo No. 3
Kebayoran Baru
South Jakarta 12110
INDONESIA
Phone:+62 21 3848537, 7260306, 7218010
Fax:+62 21 7220669
Email: info@polri.go.id

5. Head of East Java Regional Police
Jl. Jend. Ahmad Yani
Surabaya, East Java
INDONESIA
Phone: +62 31 839008, 8291050
Fax: +62 31 8290562, 8280817

6. Head of Division of Profession and Security of East Java Regional Police
Jl. Jend. Ahmad Yani
Surabaya, East Java
INDONESIA
Phone: +62 31 8390084,8291050
Fax: +62 31 8290562, 8280817

7.Head of National Commission on Human Rights of Indonesia
Jalan Latuharhary No.4-B,
Jakarta 10310
INDONESIA
Phone: (+62 21) 392 5227-30
Fax: (+62 21) 392 5227
E-mail: info@komnas.go.id

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)

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