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Indonesia: Torture victims sentenced to life imprisonment on fabricated charges while allegations of their abuse are not investigated
Asian Human Rights Commission Urgent Appeal - November 8, 2012 (see Sample Letter below)
Dear friends,
The Asian Human Rights Commission (AHRC) wishes to inform you about a case of arbitrary arrest, detention and torture, as well as the fabrication of charges experienced by two men charged for murder in Medan. The abuses took place in 2011 and the two persons were sentenced to life imprisonment by the court in the same year. Until today, no investigations have taken place regarding their allegations of torture and other human rights abuses.
Case narrative:
According to information gathered by KontraS, Ang Ho and his wife were about to check out of the JW Marriot Hotel in Medan on 1 April 2011 at 8am when five or six people claiming to be police officers approached them in front of their room. The police officers questioned Ang Ho about his involvement in a murder case and tortured him to extract information on it. The police officers forcibly took Ang Ho's necklace and ordered him to take off his clothes. They also gave a gun to Ang Ho and took a picture of him carrying it. Ang Ho was subjected to continuous beatings while being interrogated by the police.
Ang Ho was later taken to another room at the same hotel in which his cousin, Sun An, was staying. The beatings and interrogation continued in this other room with two police officers present. One officer forced Ang Ho to take off his underwear and sexually assaulted him.
The police officers then drove Ang Ho around the city in a car, before taking him to Medan Timur Sub-District police station. Inside the car, the police officers beat Ang Ho while asking questions concerning places he had no idea about. The beatings and interrogation continued even after Ang Ho reached the police station. A police officer kicked Ang Ho's private parts, and the Head of the Police Station at that time, Tagam Sinaga, slapped him on his face so hard that Ang Ho's false teeth fell out. The police also used hypnosis to interrogate Ang Ho.
On April 2 at around 1:30am, Ang Ho's wife managed to speak to him for five minutes. The police officers asked her to persuade her husband to confess to the crime charged by the police. Later at 7am on the same day, the officers of Asahan District Police arrested Sun An without any arrest warrant. Both Sun An and Ang Ho were later brought to the headquarters of the Mobile Brigade of Command in Medan. In this place, Ang Ho was beaten by approximately ten police officers. He was severely beaten so that he could not move his jaw and the police also strangled him. Cigarette burns were also applied to Ang Ho's body.
During the investigation, an officer named Rahmat Ginting typed up the investigative dossier. He assigned a lawyer to Ang Ho which Ang Ho initially disagreed with. Another police officer forced Ang Ho to sign the dossier by painfully squeezing his hand which was holding a pen. Ang Ho did not understand what was written in the dossier as he was not fluent in Bahasa Indonesia. Although Ang Ho is an Indonesian, he did not finish his elementary education and speaks mostly Hokkian (a Chinese dialect) in his daily life.
At 4 pm on the same day, the police took Ang Ho to the Mobile Brigade Command Headquarters of the Provincial Police of North Sumatera (Mako Brimob Poldasu). His wife followed him to the headquarters. At around the same time, Sun An was tortured by around twenty police officers wearing civilian clothes in another room at the Headquarters. He was subject to beatings and kicking upon the order of the First Police Inspector Adjutant, Aiptu Baharuddin from the Medan City District Police Station. He was also forced to sign the investigative dossier.
On April 3 at around 12am, Sun An was moved from the Mobile Brigade Command Headquarters of North Sumatra Provincial Police (Mako Brimob Poldasu) to the Medan City District Police (Polresta Medan) station. He was further tortured there by Tagam Sinaga. He beat Sun An on his eyes and face and another officer named Ronald FC Sipayung put a chair on Sun An's head and sat on it.
At the middle of the night on the same day, the same police officer blindfolded Ang Ho and tied his hands and foot with duct tapes. He ordered Ang Ho to take off his clothes and sleep on the floor. The police officer later showered Ang Ho's face with cold water so that it was difficult for Ang Ho to breathe. He also trampled Ang Ho's hand, stomach and foot. Police officers present when the torture was taking place threatened Ang Ho saying that they will torture him in this manner 65 times. Sun An was tortured in the same way and his ATM card as well as its pin number were forcibly taken by a police officer named Bahruddin. It was found later that the police officer stole fifty million rupiah (around USD 5000) from his bank account, as confirmed by the police officer's thank you letter addressed to Sun An.
Both Ang Ho and Sun An were tortured by the officers of Medan City District Station for about two weeks. At 12am every day during this period, the police took them to a room where they were subjected to beatings, kicking and cigarette burns. The torture took place for about four hours everyday.
Ang Ho and Sun An were sentenced to life imprisonment by the local court despite reports of a lack of evidence. Their appeal to the Supreme Court was also dismissed.
Additional information:
Indonesia is a state party to the UN Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (UN CAT) since 1998. As of today however, there is no law that criminalises torture in the country. Furthermore, while the perpetrators can be charged with provisions concerning physical assault, the corresponding punishment does not reflect the gravity of abuses committed. Most cases of torture conducted by police officers are investigated by the police's oversight mechanism, the Professionalism and Security Division (Propam), which only has the authority to impose disciplinary punishment. Similarly, military officers who have committed torture can only be tried by the Military Tribunal, making impartial and independent legal proceedings unlikely.
A report from KontraS issued in 2012 reveals a 'tremendous surge in allegations of torture' during the period of July 2011-June 2012. KontraS reported that it had recorded 86 allegations of torture with a total of 243 victims in this period, far more rampant than in the period of July 2010-June 2011, when only 28 allegations with 49 victims were documented.
Suggested action:
Please write to the authorities listed below urging for an impartial and effective investigation into the allegations of torture made by Ang Ho and Sun An. Those found responsible for such human rights abuse must be punished proportionally by an independent court applying the principles of criminal law. Please also urge the authorities to investigate the allegation of false charges. Ang Ho and Sun An should be promptly released and adequately compensated if these allegations are found to be correct.
The AHRC is writing separately to the UN Special Rapporteur on Torture and other Cruel, Inhuman or Degrading Treatment or Punishment as well as the UN Working Group on Arbitrary Detention.
To support this appeal, please click here: http://www.urgentappeals.net/support.php?ua=AHRC-UAC-193-2012.
Dear ___________,
I was told that Ang Ho was ambushed by the police in the JW Marriot Hotel on 1 April 2011 as he was about to leave his room with his wife. Around five or six police officers approached him and interrogated him in the hotel room regarding a murder case. According to my information, Ang Ho was beaten, humiliated and sexually assaulted by the police officers during the investigation. He was later taken to the police station and was asked several questions regarding places he had no idea about. No arrest warrant was produced upon his arrest. Ang Ho's cousin, Sun An, was also arrested and subjected to torture while being interrogated. Both of them were forced to sign investigative dossiers whose contents they did not understood due to their lack of proficiency in Bahasa Indonesia.
The torture of Ang Ho and Sun An was conducted mostly in the middle of the night during their two week detention by the police. Methods of torture performed by the police include blindfolding, kicking, applying cigarette burns and sexual assaults. I also learnt that a police officer named Bahrudin forcibly took fifty million rupiahs (around USD 5000) from Sun An's bank account.
Although Ang Ho and Sun An were found guilty by the court, I am aware that there was actually not enough evidence to find them guilty. Judgments by the courts were only based on the investigative dossiers signed by Ang Ho and Sun An under threats and torture. I am therefore concerned that the charges against them were fabricated.
I am aware that although torture has not been criminalised under the Indonesian legal system, Indonesia is a state party to the UN Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (UN CAT). As can be found in the text of the convention, it mandates state parties to 'take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction'. The Chief of Indonesian National Police Regulation No. 8 Year 2009 also emphasises that police officers have to adhere to human rights principles as they carry out their duties, including the obligation to refrain from the practice of torture. I am also aware that interrogation of criminal suspects shall be conducted in registered places such as police stations; the interrogation of Ang Ho in a hotel is thus a violation of Indonesian law.
Given the above, I am calling upon you to ensure that an impartial and effective investigation on the torture allegations in this case takes place. Similarly, a serious investigation must also be conducted on the allegation of false charges. Those responsible for the torture, fabrication of charges and other human rights abuses experienced by Ang Ho and Sun An must be punished according to law, and their punishment must reflect the gravity of abuses committed. Ang Ho and Sun An must also be provided with adequate rehabilitation.
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. 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)
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