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Indonesia: Senior Corruption Eradication Commission investigator arrested, charged
Asian Human Rights Commission Urgent Appeal - June 16, 2015
The Asian Human Rights Commission (AHRC) has received information regarding a criminal charge being brought by the Indonesian police against Mr. Novel Baswedan, an investigator of the Corruption Eradication Commission (KPK). The police have been trying to arrest Novel since 2012, when KPK named then Chief of the National Police Traffic Police Corps (Korlantas), Inspector General Djoko Susilo, as a suspect in a case of graft.
In 2012, President Susilo Bambang Yudhoyono had requested that Novel's case be discontinued to diffuse high tension between KPK and the Police, in light of the case having endangered stability of law enforcement. Now, in 2015, under the President Joko Widodo, when the KPK named Commissaries General (Komjen), Budi Gunawan, the appointed candidate of the Chief of National Police, as a suspect in a case of graft, the police have gone ahead and arrested Novel from his home.
Case narrative:
The police officers of the criminal investigation department (Badan Reserse dan Kriminal) of the police headquarters of the Republic of Indonesia (Mabes POLRI) have arrested Mr. Novel Baswedan from his home in Kelapa Gading, North Jakarta, Indonesia, on 30 April 2015, at around 12 a.m. (midnight). Subsequently, he was transferred to the Office Command of Police Mobil Brigade, Mako BRIMOB, in Kelapa Dua, Depok City, West Java Province, Indonesia.
AHRC has been informed that Novel's lawyers (from various national human rights NGOs) have not been able to provide legal assistance for him, due to the Commander of Brimob having refused to issue a permit for the lawyers. After around three hours of negotiations conducted by the lawyers with the chief of national police, General Badrodin Haiti, finally, the lawyer team was permitted to provide legal assistance to Novel.
After a 10-hour interrogation at the National Police Headquarters in South Jakarta, Novel, who was handcuffed and ordered to wear a detainee's jacket, was transferred for further questioning to the police's Mobile Brigade (Brimob) headquarters, located in Depok, West Java, and widely known as a detention center for terrorist suspects.
At night, around 10 p.m., the police brought Novel to Bengkulu Province without his lawyer's consent. Although his lawyer has issued an objection, the police ignored it; the police insisted that they would provide an appointed lawyer to assist Novel in Bengkulu Province. In Bengkulu, the police wanted to force Novel to go through an event reconstruction process conducted by the Police Headquarters, along with the Bengkulu Police Resort. This reconstruction concerns allegations of Novel having caused suspected thieves to be shot in 2004 when he was the Chief of the Intelligence and Criminal Unit at the Bengkulu Police Resort. Novel has been alleged to be responsible for the shooting conducted by a subordinate.
Novel refused to check out from the Bengkulu Airport and, accompanied by the police investigators, remained in the waiting room, insisting that his lawyer team be invited to assist him during the reconstruction. Then, due to the police having failed to fulfill Novel's request, finally, the reconstruction was conducted without Novel and on May 2 he was transferred back to Jakarta.
Novel's lawyer team has stated that the alleged involvement of Novel in the shooting case remains unclear. The Police never conducted investigation properly and failed to explain transparently what happened in the case in 2004.
Novel's lawyer has stated publicly that Novel was arrested due to his involvement, along with investigation team of KPK, in the investigation of Commissaries General (Komjen) Budi Gunawan. The lawyer team concludes that the reopening of the Novel case is a form of revenge conducted by Commissaries General Budi due to his failure to become the Chief of National Police after KPK named him as suspect in a case of corruption.
AHRC-UAC-070-2015-02.jpgWhen Novel was still under arrest, on 1 May 2015, the police investigators from the Indonesian Police Headquarters searched Novel's house to gather relevant evidence. According to the lawyer team, the search of Novel's house was in violation of the Indonesian Law of Criminal Procedure (KUHAP), Article 33, paragraph 1, which states, "With a warrant from the head of the local district court, an investigator in carrying out an investigation may perform a house search as required." The police have seized around twenty documents from the home that actually do not have any relevance to Novel's case, such as land certificate and laptop belonging to his children.
The police officers have failed to produce any warrant when they searched Novel's home; the police also ignored an objection made by the lawyer team to stop the search.
On 2 May 2015, due to a lot of pressure and massive media coverage, the police finally released Novel on bail. But, the investigation process will continue and it means anytime Novel can be detained and brought to court.
On 4 May 2015, Novel's lawyer team filed the first pretrial at the South Jakarta District Court. The sue focuses on four items, namely:
After passing several trial processes, on 9 June 2015, the judge issued a verdict, which refused the pretrial complaint filed by Novel's lawyer. Novel's lawyers have informed the AHRC that the judge did not take into serious consideration all evidence submitted. The judge's refusal means that the police investigators can continue with their prosecution of Novel. Meanwhile, the second pretrial on the house search and the seizure of Novel's property is still ongoing.
President Joko Widodo finally canceled the candidacy of Commissaries General Budi and replaced him with another candidate, namely Commissaries General Badroedin Haiti, and on 17 April 2015, Badroedin was approved by the Parliament and inaugurated by the President to be the Chief of National Police.
The AHRC notes that due to President Joko Widodo cancelling of the candidacy of Budi, shortly thereafter, Budi's lawyer team sued KPK through a pretrial mechanism in the South Jakarta District Court, and after several trial processes, judge Sarpin Rizaldi, who led the trial, issued a verdict that KPK having named Budi as a suspect is illegal and in violation of the Indonesian Law of Criminal Procedure (KUHAP). The verdict has been controversial news in the national media. Judge Sarpin was finally examined by the Judicial Commission, due to the "unclear reason" for Sarpin ruling Budi's status as suspect to be illegal.
Ironically, although judge Sarpin is still under examination of the Judicial Commission, President Joko Widodo has promoted Commissaries General Budi Gunawan as the Deputy Chief of Indonesia's National Police (WAKAPOLRI), and the President has ignored public protest and objection to this matter. The promotion of Commissaries General Budi will make the investigation of his case more difficult.
The Novel case was reopened after KPK named Budi Gunawan as a suspect of graft. The police charged Novel with Article 351, paragraph 1 and 3, of the Indonesian Penal Code (KUHP), and Article 52, paragraph 2 of the KUHP, for allegedly causing suspected thieves to be shot when he served as police Chief Detective in Bengkulu Police Municipality (Polresta Bengkulu) in 2004.
These facts constitute fabrication and have resulted in the unfair trial of Novel Baswedan.
Therefore, AHRC would respectfully request you to:
Novel Baswedan was originally a police officer, serving as an investigator in the KPK. Novel Baswedan decided to resign from the police and devote himself to the KPK as a permanent employee. In 2012, the police attempted to arrest Novel, but this triggered a massive public protest and social media campaign tag-lined "cicak vs buaya" (gecko vs. crocodile). Finally, President Susilo Bambang Yudhoyono ordered the Police to stop pursuing the case, and both institutions not to intervene in each other's work.
However, since President Joko Widodo has replaced former President Yudhoyono, Novel's case has been reopened. The police argue that Novel is allegedly responsible for a criminal action when he became the chief of intelligence and criminal unit at the Bengkulu Police Resort in 2004. The police investigators insist that Novel was involved in a shooting case against six thieves. Novel has been alleged to be responsible for the shooting conducted by his subordinate.
Novel's arrest has come soon after Commissaries General Budi Gunawan, a candidate for the National Police Chief, has been named by KPK as a suspect of graft. Previously the police have named two commissioners of KPK as suspects in different cases related to events that occurred before they become commissioners. They are Bambang Wijayanto and Abraham Samad.
Though, President Joko Widodo ultimately replaced them with new appointed commissioners, the cases involving those two commissioners remain controversial. This is because they constitute minor cases related to events that occurred before they become commissioners, and they have already passed the screening of a Selection Committee established by previous President Yudhoyono. Therefore, the cases remain controversial and are understood to constitute fabrication.
The KPK investigated the Budi case, following up the news of Tempo weekly magazine, edition of 28 June 2010, on suspicious bank accounts related to high-ranking police officers, one of the police officers being Commissaries General Budi Gunawan.
Beside his involvement in the investigation of Budi's case, Novel was also involved in the investigation of Mr. Adriansyah, a Member of Parliament from the ruling party, the Indonesian Democratic Party of Stragle (PDIP). Adriansyah was arrested while attending the Fourth Congress of PDIP in Sanur, Bali Province, Indonesia. He was accused by KPK to be involved in a case of bribery.
Suggested action:
Please write to the authorities listed below, asking them to ensure that the fabrication case against Novel Baswedan must be closed. The government of Indonesia has to ensure its commitment to eradicate corruption without any discrimination.
The AHRC is writing a separate letter to the UN Special Rapporteur on the independence of judges and lawyers calling for his intervention into this matter.
To support this case, please click here: http://203.86.237.28/web28/web/support.php?ua=AHRC-UAC-070-2015
Sample letter:
Dear ....................,
Indonesia: Senior Corruption Eradication Commission investigator arrested, charged
Novel lawyer team concludes that the reopening of the Novel case is a form of revenge conducted by Commissaries General Budi due to his failure to become the Chief of National Police after KPK named him as suspect in a case of corruption.
Novel's lawyer team has stated that the alleged involvement of Novel in the shooting case remains unclear. The Police never conducted investigation properly and failed to explain transparently what happened in the case in 2004.
When Novel was still under arrest, on 1 May 2015, the police investigators from the Indonesian Police Headquarters searched Novel's house to gather relevant evidence. According to the lawyer team, the search of Novel's house was in violation of the Indonesian Law of Criminal Procedure (KUHAP), Article 33, paragraph 1, which states, "With a warrant from the head of the local district court, an investigator in carrying out an investigation may perform a house search as required." The police have seized around twenty documents from the home that actually do not have any relevance to Novel's case, such as land certificate and laptop belonging to his children.
The police officers have failed to produce any warrant when they searched Novel's home; the police also ignored an objection made by the lawyer team to stop the search.
On 2 May 2015, due to a lot of pressure and massive media coverage, the police finally released Novel on bail. But, the investigation process will continue and it means anytime Novel can be detained and brought to court.
On 4 May 2015, Novel's lawyer team filed the first pretrial at the South Jakarta District Court. The sue focuses on four items, namely:
After passing several trial processes, on 9 June 2015, the judge issued a verdict, which refused the pretrial complaint filed by Novel's lawyer. Novel's lawyers have informed me that the judge did not take into serious consideration all evidence submitted. The judge's refusal means that the police investigators can continue with their prosecution of Novel. Meanwhile, the second pretrial on the house search and the seizure of Novel's property is still ongoing.
President Joko Widodo finally canceled the candidacy of Commissaries General Budi and replaced him with another candidate, namely Commissaries General Badroedin Haiti, and on 17 April 2015, Badroedin was approved by the Parliament and inaugurated by the President to be the Chief of National Police.
I note that due to President Joko Widodo cancelling of the candidacy of Budi, shortly thereafter, Budi's lawyer team sued KPK through a pretrial mechanism in the South Jakarta District Court, and after several trial processes, judge Sarpin Rizaldi, who led the trial, issued a verdict that KPK having named Budi as a suspect is illegal and in violation of the Indonesian Law of Criminal Procedure (KUHAP). The verdict has been controversial news in the national media. Judge Sarpin was finally examined by the Judicial Commission, due to the "unclear reason" for Sarpin ruling Budi's status as suspect to be illegal.
Ironically, although judge Sarpin is still under examination of the Judicial Commission, President Joko Widodo has promoted Commissaries General Budi Gunawan as the Deputy Chief of Indonesia's National Police (WAKAPOLRI), and the President has ignored public protest and objection to this matter. The promotion of Commissaries General Budi will make the investigation of his case more difficult.
The Novel case was reopened after KPK named Budi Gunawan as a suspect of graft. The police charged Novel with Article 351, paragraph 1 and 3, of the Indonesian Penal Code (KUHP), and Article 52, paragraph 2 of the KUHP, for allegedly causing suspected thieves to be shot when he served as police Chief Detective in Bengkulu Police Resort (Polresta Bengkulu) in 2004. Novel has been alleged to be responsible for the shooting conducted by his subordinate.
These facts constitute fabrication and have resulted in the unfair trial of Novel Baswedan.
Therefore, I would respectfully request you to:
Please send your letters to:
1. Mr. Joko Widodo
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. Mr. Yasonna
Laoly
Minister of Law
and Human Rights; and
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. Dr. Mualimin
Abdi SH., MH
Director General
of Human Rights
Office of the
Director General of Human Rights
Jl. HR Rasuna
Said Kav. 6-7
Kuningan, Jakarta
12940
INDONESIA
Tel: +62 21 5253006
Fax: +62 21 5253095
4. General Badroedin
Haiti
Chief of National
Police
KAPOLRI
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
5. Mr. Tedjo Edhy
Purdijatno
Chairperson of
National Police Commission
Jl. Tirtayasa
VII No. 20
Kebayoran Baru,
Jakarta Selatan
INDONESIA
Tel: +62 21 739
2315
Fax: +62 21 739
2352
E-mail: secretariat@kompolnas.go.id,
skm@kompolnas.go.id
6. Mr. Nur Kholis
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
7. Mr. Danang
Girindrawardana
Chairperson of
Ombudsman of Republic of Indonesia
Jl. HR. Rasuna
Said Kav. C-19 Kuningan (Gedung Pengadilan TIPIKOR) Jakarta Selatan
INDONESIA
Tel: +62 21 52960894/95
Fax: +62 21-52960904/05
Thank you.
Urgent Appeals
Programme
Asian Human Rights
Commission (ua@ahrc.asia)
Source: http://www.humanrights.asia/news/urgent-appeals/AHRC-UAC-070-2015.
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