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Indonesia: High Court acquits two victims of torture and fabrication of charges

Asian Human Rights Commission Urgent Appeal - April 30, 2014

Urgent Appeal Case: AHRC-UAU-017-2014

Dear friends,

The Asian Human Rights Commission (AHRC) has received updated information from the Jakarta Legal Aid Institute (LBH Jakarta) regarding the fabrication of charges against and torture of two street singers in Cipulir. We are pleased to inform you that the Jakarta High Court has overturned the judgment of the South Jakarta District Court which found the two street singers guilty of murder. The High Court judges acquitted the two men for lack of evidence.

Updated information:

As previously reported in our earlier appeal: INDONESIA: Jakarta police apply beatings and electric shocks to obtain confessions from teenagers and a young adult two street singers in Cipulir named Andro and Nurdin as well as other four minor street singers – AP, BF, FP, and F – were charged with murder under Article 338 of the Penal Code. Andro and Nurdin were later convicted by South Jakarta District Court and were sentenced to 7 years of imprisonment, whereas the four minor street singers were sentenced to 2 years of imprisonment. The district court judges named them guilty, despite indications that they were innocent. Officers of Jakarta Metropolitan Police were reported to have subjected the six street singers to beatings and electrocution during the interrogations in order to obtain confessions. One of the real perpetrators of the murder charge against them has also come out and confessed.

However, the LBH Jakarta has recently reported that the South Jakarta District Court's judgment on Andro and Nurdin was overturned on 5 March 2014 by a panel of judges of Jakarta High Court. The panel of judges – Justices Gatot Suparmono, Kresna Monen, and Panusunan Harahap – concluded that there was not enough evidence to find Andro and Nurdin guilty for the crime of which they were accused. The information available, instead, indicated that the murder was perpetrated by other persons.

The AHRC welcomes the judgment of Jakarta High Court on this case and believes that it will significantly support Andro and Nurdin's – as well as their four street singer fellows – case against the police officers who tortured and falsely charged them.

The full judgment of the High Court is yet to be available to the public. There is no information on whether the prosecutor will file for an appeal to the Supreme Court.

Suggested action:

Whereas the acquittal is certainly a positive development, more things need to be done on this case. The officers of the Jakarta Metropolitan Police, who are responsible for torturing and fabricating the charge against Andro, Nurdin, and the other four street singers, should be criminally tried and punished. The four minor street singers whose case is being examined separately by the Supreme Court should also be acquitted.

Please write to the listed authorities below, asking them to ensure the fulfilment of the demands above. The AHRC is writing separately to the UN Special Rapporteur on torture and other cruel, inhuman, or degrading treatment or punishment asking for his intervention on this matter.

To support this appeal, please click here: http://www.urgentappeals.net/support.php?ua=AHRC-UAU-017-2014.

Sample letter:

Dear ___________,

Indonesia: High Court acquits two victims of torture and fabrication of charges

I am writing to inform you the most recent development in the case of six street singers in Cipulir, South Jakarta, who were charged with murder under Article 338 of the Penal Code. Four of them – who were minors – were convicted guilty by South Jakarta District Court and sentenced to two years of imprisonment, whereas the other two – Andro and Nurdin – were also found guilty in a separate proceeding and sentenced to seven years of imprisonment. Such conclusions were reached by the District Court judges, despite evidence pointing out the street singers' innocence and the fact that they were severely tortured during the interrogation and at Jakarta Metropolitan Police station.

However, I have been informed by the street singers' lawyers of the Jakarta Legal Aid Institute (LBH Jakarta), that the South Jakarta District Court's unjust judgment on Andro and Nurdin has been overturned by Jakarta High Court. The judgment – numbered 50/PID/2014/PT.DKI – was delivered on 5 March 2014 by a panel of judges consisted of Justices Gatot Suparmono, Kresna Menon, and Panusunan Harahap. The judges concluded that there were not enough evidence to find Andro and Nurdin guilty for the crime accused.

Such judgment of the High Court indicated that there were wrongdoings perpetrated by police officers who investigated the case. Therefore, while warmly welcoming the judgment, I believe that there are more things need to be done in this case. The torture and fabrication of charges allegations should be independently, criminally, and effectively investigated. The police officers who are responsible for torturing Andro, Nurdin, and the other four street singers should be tried in a criminal court open for public and sentenced with adequate punishment.

I am aware that the case against the other four street singers (AP, FP, BF, F) is still pending at the Supreme Court. Unlike Andro and Nurdin, they are yet to be acquitted even though they are equally innocent. I strongly urge that the Supreme Court judges examining the other four street singers also take into account the judgment delivered by Jakarta High Court on Andro and Nurdin, and to acquit them.

As a state party to the UN Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (UN CAT), Indonesia is obliged to provide full reparation for the victims of torture and their family. Given this, I am calling you to ensure that the street singers are granted adequate compensation, satisfaction, restitution, and other forms of reparation as needed.

I look forward for your swift and positive actions on this matter.

Yours sincerely,

Please send your letters to:

1. Mr. Susilo Bambang Yudhoyono
President of the Republic of Indonesia
Jl. Veteran No. 16
Jakarta Pusat
INDONESIA
Tel: +62 21 3458 595
Fax: +62 21 3484 4759
E-mail: webmaster@setneg.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. Drs. Putut Eko Bayuseno
Chief of Jakarta Metropolitan Police
Jl. Jendral Sudirman No.55
Jakarta 12190
INDONESIA
Tel: +62 21 523 4302, 523 4240
Fax. +62 21 523 4070
E-mail: reskrimum@metro.polri.go.id

5. Mr. Abdul Haris Semendawai
Chairperson of Witnesses and Victims Protection Agency
Gedung Proklamasi
Jl. Proklamasi No. 56
Jakarta Pusat 10320
INDONESIA
Tel: +62 21 3190 7021
Fax: +62 21 3192 7881
E-mail: lpsk_ri@lpsk.go.id

6. Mr. Hafid Abbas
Chairperson of the National Human Rights Commission
Jl. Latuharhary No. 4-B
Jakarta 10310
INDONESIA
Tel: +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)

Source: http://www.humanrights.asia/news/urgent-appeals/AHRC-UAU-017-2014.

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