| Home > South-East Asia >> Indonesia | |
Indonesia: Police in Medan protect torturers by failing to respond adequately to a torture complaint
Asian Human Rights Commission Urgent Appeal - November 27, 2012 (see Sample Letter below)
Dear friends,
The Asian Human Rights Commission (AHRC) has received the information regarding a torture case took place in Medan, North Sumatra. The victim was blindfolded by the police and taken to an unidentified place where he was severely beaten with a wood block on his head and back. The victim's mother submitted complaints in February this year to police, asking for an investigation but the authorities have not responded to her complaints.
Case narrative:
According to the information obtained by Medan Legal Aid Institute (LBH Medan), Rokki Hutapea was arrested by around 6-7 officers, who could not be identified by names and ranks, from Medan District Police on 30 January 2012. The police did not produce a warrant at the time of the arrest but the detention warrant shown later reveals that Rokki was arrested for his involvement in an aggravated theft case.
The police officers tied Rokki's hands behind his back, blindfolded him with double tapes and forced him to get into a car. Inside the car, Rokki was beaten by the officers until they reached the house of Aseng, another person also allegedly involved in the theft but was later released without any clear justification. Rokki and Aseng were later taken to a remote place that cannot be identified, as of today. The police officers took Rokki out of the car and forced him to sit on the ground. As he was sitting, the police started beating him on his back, arms and head using a wood block. As a result of the beating Rokki's head was injured. The officers later took the blindfold off and poured brake fluid over his head. The police told Rokki that the brake fluid will stop the bleeding.
Despite the fact that Rokki was severely injured, the police did not take him directly to the hospital but to Medan District Police. It is only after Rokki begged the police that he was finally taken to the hospital. At the hospital, the police asked Rokki not to tell the doctors on what actually had happened but that the injuries he suffered was a result of he was being in a fight or because he fell over. It is reported that Rokki had 12 stitches outside and 4 others inside the head. Other parts of body, including the back, were bruised.
Rokki's mother later decided to submit complaints concerning the torture suffered by her son at the hands of the police. She first filed the complaint to the Criminal Division of the North Sumatra Regional Police on 8 February 2012, with the hope that they would hold a criminal investigation on the abuse happened to her son. Her complaint was received by the police, as confirmed by a complaint receipt registered as STTLP/140/II/2012/SPKT I. She also submitted a complaint to the Professionalism and Security Affair Division (Propam) of the similar police station on 14 February 2012, as confirmed by a complaint receipt numbered STPL/36/II/2012/Propam.
Although the complaints were submitted almost 9 months ago, the police still have not provided Rokki's mother with any updates regarding the development of the case or with the information on whether any investigation had taken place. The lawyers of Rokki and his mother have been repeatedly sending letters to the police yet the police have been failing to provide them with any replies.
Additional information:
Indonesia has been a State Party to the UN Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (UN CAT) since 1998. The Convention imposes the obligation on its State Parties not only to criminalise torture but also to 'ensure that its competent authorities proceed to a prompt and impartial investigation, wherever there is reasonable ground to believe that an act of torture has been committed in any territory under its jurisdiction.' Article 13 of the Convention reaffirms this obligation by emphasising that a torture victim has the right to have his case promptly and impartially examined by the competent authorities.
Torture is yet to be criminalised in Indonesia and the complaint mechanism for torture cases are far from independent. The current system and mechanism only allows torture victims and/or their families to complain to the police who, due to their esprit de corps, are unlikely to conduct a criminal investigation on the case. There had been isolated cases in the past where the police took up torture complaints from the victims. Yet even in such cases, the perpetrators were sent to light punishments at the end, which is partly caused by the fact that they were charged with physical assault under Article 351 paragraph (1) of the Penal Code that only carries maximum punishment of two years and eight months.
Another legal venue can be pursued by torture victims and/or their families is by lodging a complaint to the Professionalism and Security Affair Division or Propam, which is an oversight body within the police. Since Propam is attached to the police, any proceeding taking place is often not transparent and difficult to scrutinise by the public. In addition to that, Propam can only impose disciplinary punishment to the police officers who committed torture.
Proceeding under the Propam shall not be understood as a substitution to a criminal investigation. The relationship between the two, instead, has to be understood as complementary. At the same time, these two proceedings are independent from each other that a criminal investigation should be conducted regardless whether a Propam proceeding is taking place or not, and whatever conclusion Propam had come to on a case.
Suggested action:
Please write to the listed authorities below, urging them to ensure an effective and adequate investigation upon the torture allegation lodged by Rokki's mother. Please remind them that the failure to investigate a torture case is a separate violation to the right not to be tortured itself.
The AHRC is writing separately to the UN Special Rapporteur on Torture and other Cruel, Inhuman or Degrading Treatment or Punishment seeking intervention in this matter.
To support this appeal, please click here: http://www.urgentappeals.net/support.php?ua=AHRC-UAC-197-2012.
Dear ___________,
Indonesia: Police in Medan
protect torturers by failing to respond adequately to a torture complaint
I was informed that he was arrested due to his allegedly involvement in an aggravated theft case. At the time of his arrest, Rokki's hands were tied at his back and he was forced to get into a car by the police officers. He was later severely beaten inside the car until they reached the house of Aseng, another suspect in the theft case. Rokki and Aseng were later taken to a remote place where Rokki was further tortured by the police officers. According to Rokki's statement taken by lawyers of LBH Medan, he was beaten on his back, arms and head by the police officers using a wood block that his head was injured. The officers also poured brake fluid to Rokki's head and said that it will stop the bleeding at Rokki's head.
Although Rokki was severely injured at that time, the police did not take him to the hospital but to Medan District Police Station. Rokki later begged the police to take him to the hospital, to which the police officers finally agreed. The police, however, asked Rokki not to tell the truth to the doctor who would examine him. Instead, the police asked Rokki to tell the doctor that the injuries he suffered was a result of he was being in a fight or because he fell over. I was told that, due to the torture, Rokki received 12 stitches outside and 4 stitches inside his head.
The mother of Rokki later found out what had happened to her son and decided to submit complaints to the relevant authorities. On 8 February 2012, she lodged a complaint to the criminal division of North Sumatra Regional Police, as confirmed by a complaint receipt registered as STTLP/140/II/2012/SPKT I. Later on 14 February 2012, she also submitted a complaint to the Professionalism and Security Affair Division (Propam) of the similar police station, as confirmed by a complaint receipt numbered STPL/36/II/2012/Propam. The police, however, have been failing to respond to her complaints as of today, even though her lawyers from LBH Medan had sent several letters to them asking for any updates and development on the torture case.
I am concerned not only with what happened to Rokki but also with the fact that police have not been responding properly to the complaints submitted by his mother and lawyers. I am aware that Indonesia is a state party to the UN Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment which prohibits both torture and ineffective investigation on such abuse. I wish to emphasise, therefore, violation on the right not to be tortured in this case is still ongoing as long as the police officers not seriously responding to Rokki's mother complaints and other law enforcement officials do not bring the perpetrators to justice.
Given this above, I am urging you to ensure that investigation on torture allegation on Rokki's case to take place, both the one under Propam and the one under the criminal justice system. Investigation under Propam should not be considered as a substitution to the criminal proceeding, but instead, only as a complementary. I am calling you also to ensure that these two proceedings will take place independently from each other.
I look forward for your adequate and positive response on this matter.
Yours sincerely,
Please send your letters to:
1. Mr. Susilo Bambang Yudhoyono
President of Republic of
Indonesia
Jl. Veteran No. 16
Jakarta Pusat
INDONESIA
Tel: +62 21 345 8595
Fax: +62 21 3483 4759
E-mail: presiden@ri.go.id
2. Ms. Harkristuti Harkrisnowo
General Director of Human
Rights
Ministry of Law and Human
Rights
Jl. HR Rasuna Said Kav.
6-7
Kuningan, Jakarta 12940
INDONESIA
Tel: +62 21 525 3006, 525
3889
Fax: +62 21 525 3095
3. Gen. Timur Pradopo
Chief of the Indonesian
National Police
Jl. Trunojoyo No. 3
Kebayoran Baru, Jakarta
Selatan 12110
INDONESIA
Tel: +62 21 384 8537, 726
0306
Fax: +62 21 7220 669
E-mail: info@polri.go.id
4. Wisjnu Amat Sastro
Chief of the North Sumatra
Provincial Police
Jl. Putri Hijau 14 Medan
INDONESIA
Tel: +62 61 54724, 556 680
Fax: +62 61 556 680.
5. Drs. Herman Effendi
Head of Professionalism
and Security Affairs
Indonesian National Police
Jl. Trunojoyo No. 3
Kebayoran Baru, Jakarta
Selatan 12110
INDONESIA
Tel: +62 21 384 8537, 726
0306
Fax: +62 21 7220 669
E-mail: info@propam.polri.go.id
6. Chairperson
National Human Rights Commission
Jl. Latuharhary No. 4-B
Jakarta 10310
INDONESIA
Tel: +62 21 392 5227
Fax: +62 21 392 5227
E-mail: info@komnasham.go.id
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission
(ua@ahrc.asia)
See also:
 |
Indonesia Indoleft Archive Indonesia links Indonesia News Digest News services on Indonesia Publications & videos on Indonesia Reports & articles on Indonesia Statements & press releases on Indonesia