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Indonesia: Ombudsman concludes that the police fabricated evidence in the case of a senior Corruption Eradication Commission investigator
Asian Human Rights Commission Urgent Appeal - January 13, 2016
Dear Friends,
The Asian Human Rights Commission (AHRC) has received updated information regarding the case of criminal charges brought against a senior Corruption Eradication Commission investigator, Mr. Novel Baswedan. The Indonesian Ombudsman on December 2015 has issued a recommendation stating that the police have fabricated evidence and therefore the Chief of National Police has to examine police officers involved in the investigation process. The Ombudsman's recommendation is welcome news to Mr. Baswedan and his lawyer team; considerable efforts had been made by Mr. Baswedan's team to establish that this case is built on fabricated evidence.
Updated information:
Since Mr. Novel was named as a suspect by the police, he has been questioned by the Regional Police of Bengkulu Province on several occasions. The police investigators have insisted that Novel tortured and shot robbery suspects when he was a police detective in Bengkulu in 2004.
In October 2015, the Mr. Baswedan's lawyer team filed a complaint with the Indonesian Ombudsman that the police had fabricated evidence and documents in this case; in December 2015, the Ombudsman found proof of fabricated evidence and issued its recommendation to the police.Mr Novel signed a document in front of public prosecutor (AHRC File Photo)
In its recommendation, the Ombudsman has stated that the police have fabricated evidence, having falsified a decision letter on disciplinary punishment (SKPD), Police Number: SKPD/30/XI/2004/P3D on 24 November 2004. Furthermore, the police also fabricated the evidence of the projectile (bullet) in the criminal laboratory report.
The Ombudsman has also stated that when the police searched Mr. Baswedan's house and took properties and documents from the house, they violated the criminal procedure code (KUHAP).
Therefore, the Ombudsman has recommended to the Chief of National Police, Police General Badrodin Haiti, that he should examine and monitor police officers involved in the investigation of Novel Baswedan's case.
The background to the Novel Baswedan case is his involvement, along with investigation team of KPK, in the investigation of Commissaries General (Komjen) Budi Gunawan.
For detailed information please read the following Urgent Appeal: AHRC-UAC-070-2015
Additional information:
Criminal charges brought against the senior Corruption Eradication Commission investigator have continued. This is despite the ex-President Susilo Bambang Yudhoyono having ordered the police in 2012 to stop investigations and drop criminal charges against Mr. Baswedan. The ex-President stated that continuing the prosecution will endanger the work of the Corruption Eradication Commission (KPK). Under current President Joko Widodo, the case has been allowed to continue, with related activity accelerating after the KPK named Police Commissaries General (Komjen Pol) Budi Gunawan as a graft suspect.
Suggested action:
Please write to the authorities listed below, asking them to ensure that the Indonesian government, especially the police, re-examine and monitor the investigation processes against Mr. Novel Baswedan. The police must obey the recommendation of the Indonesian Ombudsman.
The AHRC is writing separate letters to the UN Special Rapporteur on the independence of judges and lawyers, calling for the Rapporteur's intervention into this matter.
To support this case, please click here: http://www.urgentappeals.net/support.php?ua=AHRC-UAU-001-2016
Sample letter:
Dear....................,
Indonesia: Ombudsman concludes that the police fabricated evidence in the case of a senior Corruption Eradication Commission investigator
Since Mr. Novel was named as a suspect by the police, he has been questioned by the Regional Police of Bengkulu Province on several occasions. The police investigators have insisted that Novel tortured and shot robbery suspects when he was a police detective in Bengkulu in 2004.
In October 2015, the Mr. Baswedan's lawyer team filed a complaint with the Indonesian Ombudsman that the police had fabricated evidence and documents in this case; in December 2015, the Ombudsman found proof of fabricated evidence and issued its recommendation to the police.
In its recommendation, the Ombudsman has stated that the police have fabricated evidence, having falsified a decision letter on disciplinary punishment (SKPD), Police Number: SKPD/30/XI/2004/P3D on 24 November 2004.
Furthermore, the police also fabricated the evidence of the projectile (bullet) in the criminal laboratory report. The Ombudsman has also stated that when the police searched Mr. Baswedan's house and took properties and documents from the house, they violated the criminal procedure code (KUHAP).
Therefore, the Ombudsman has recommended to the Chief of National Police, Police General Badrodin Haiti, that he should examine and monitor police officers involved in the investigation of Novel Baswedan's case.
The background
to the Novel Baswedan case is his involvement, along with investigation
team of KPK, in the investigation of Commissaries General (Komjen) Budi
Gunawan.
Therefore, I
respectfully call upon the Indonesian government and the Chief of National
Police to ensure that an impartial invetigation is conducted into this
matter. The Indonesian Ombudsman has found fabricated evidences in the
case of Mr. Novel Baswedan.
Please also ensure that the police obey the recommendation of the Indonesian Ombudsman.
For detailed information please read the following Urgent Appeal: AHRC-UAC-070-2015
I look forward to your prompt action in this matter.
Yours Sincerely,
...................
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
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. 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
6. Mr. Luhut Binsar
Panjaitan
Chairperson 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
7. Mr. Nur Kholis
Chairperson 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-UAC-004-2016.
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