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Indonesia: Public lawyer of Padang Legal Aid and university students brutally attacked by civil service police unit

Asian Human Rights Commission Urgent Appeal - April 1, 2016

Urgent Appeal Case: AHRC-UAC-028-2016

Dear Friends,

The Asian Human Rights Commission (AHRC) has received information provided by Padang Legal Aid (LBH Padang) regarding the civil service police unit (Satpol PP)'s brutal attack on public lawyer Mr. Asrul Azis Sigalingging, and seven students of the University of Andalas, in Padang, West Sumatra, Indonesia. The police has not shown any significant progress in investigating or charging the responsible Satpol PP personnel.

Case narrative:

On 25 March 2016, at 12:00 am, seven students who were enjoying street food at Tugu Gempa Padang were suddenly targeted by a sweeping operation and attacked by Satpol PP personnel. The Satpol PP accused them of disturbing public order, and six of the students were beaten and kicked. One student, Gianesha, was arrested after he tried to clarify that his girlfriend Berlian, who is also a student, has an identity card and they were there only for sightseeing and enjoying street food. Subsequently, Gianesha was brought to the Satpol PP office.

Shortly after receiving this information, Mr. Sigalingging came to the Satpol PP's office and tried to negotiate with the personnel to provide legal assistance to Gianesha. Mr. Sigalingging was told by another student that Gianesha was brutally attacked during the sweeping operation, kicked and beaten. Rather than given access to Gianesha to provide legal assistance, Mr. Sigalingging was instead brutally attacked, pushed to the ground and forcibly drugged by the personnel of Satpol PP. Moreover, Mr. Sigalingging's advocate identity card was also taken from him.

The attack by the Satpol PP on Mr. Sigalingging constitutes an insult on the advocate profession, and a violation of Law No. 18 of 2003 on Advocates, which mandates respect to advocates or lawyers who are on duty providing legal assistance or legal services.

Therefore, on March 28, Mr. Sigalingging along with a group of 37 public lawyers (TP2A), filed a complaint at the West Sumatra Regional Police Office (Polda Sumatera Barat). They demanded an investigation into the brutal attack against Mr. Sigalingging and the students, which is in violation of the Indonesian Penal Code (KUHP) Article 170.1, Article 351.1, Article 335.1and Article 55.1.

Additional information:

Insulting and disrespecting the public lawyer profession is a frequent occurrence in Indonesia. Previously, public lawyers of Jakarta Legal Aid were also a target of brutal attack when they advocated in a forced eviction case. The case can be read here.

Suggested action:

Please write to the authorities listed below, asking them to ensure that comprehensive investigation is undertaken to prosecute the Satpol PP personnel involved in the brutal attack of the legal aid lawyer and university students. The police should immediately summon the personnel or commander of Satpol PP for further investigation. Moreover the government should provide remedies to the victims.

The AHRC will write a separate letter to the UN Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment calling for their intervention into this matter.

To support this case, please click here: http://www.urgentappeals.net/support.php?ua=AHRC-UAC-028-2016


Sample letter:

Dear ....................,

Indonesia: Public lawyer of Padang Legal Aid and university students brutally attacked by civil service police unit

I am writing to voice my deep concern regarding the civil service police unit (Satpol PP)'s brutal attack on public lawyer Mr. Asrul Azis Sigalingging, and seven students of the University of Andalas, in Padang, West Sumatra, Indonesia. The police has not shown any significant progress in investigating or charging the responsible Satpol PP personnel.

On 25 March 2016, at 12:00 am, seven students who were enjoying street food at Tugu Gempa Padang were suddenly targeted by a sweeping operation and attacked by Satpol PP personnel. The Satpol PP accused them of disturbing public order, and six of the students were beaten and kicked. One student, Gianesha, was arrested after he tried to clarify that his girlfriend Berlian, who is also a student, has an identity card and they were there only for sightseeing and enjoying street food. Subsequently, Gianesha was brought to the Satpol PP office.

Shortly after receiving this information, Mr. Sigalingging came to the Satpol PP's office and tried to negotiate with the personnel to provide legal assistance to Gianesha. Mr. Sigalingging was told by another student that Gianesha was brutally attacked during the sweeping operation, kicked and beaten. Rather than given access to Gianesha to provide legal assistance, Mr. Sigalingging was instead brutally attacked, pushed to the ground and forcibly drugged by the personnel of Satpol PP. Moreover, Mr. Sigalingging's advocate identity card was also taken from him.

The attack by the Satpol PP on Mr. Sigalingging constitutes an insult on the advocate profession, and a violation of Law No. 18 of 2003 on Advocates, which mandates respect to advocates or lawyers who are on duty providing legal assistance or legal services.

Therefore, on March 28, Mr. Sigalingging along with a group of 37 public lawyers (TP2A), filed a complaint at the West Sumatra Regional Police Office (Polda Sumatera Barat). They demanded an investigation into the brutal attack against Mr. Sigalingging and the students, which is in violation of the Indonesian Penal Code (KUHP) Article 170.1, Article 351.1, Article 335.1and Article 55.1.

Therefore, I respectfully request you to ensure that comprehensive investigation is undertaken to prosecute the Satpol PP personnel involved in the brutal attack. The police should immediately summon the personnel or commander of Satpol PP for further investigation. Finally, the government should provide remedies to the victims.

I look forward to your prompt action in this matter.

Yours Sincerely,

...................

Please send your letters to:

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. 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

6. Professor. Amzulian Rifai S.H, LL.M, PhD
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

7. Dr. HM. Azis Syamsuddin, SH
Chairperson of the Commission III of The House of Representative
Ketua Komisi III DPR RI
Gedung Nusantara II DPR RI, Lt I
Jalan Jenderal Gatot Subroto, Jakarta,
INDONESIA
Telp: +62 21 -5715566, +62 21-5715569, +62 21-5715864
Fax: +62 21 5715566

8. Mr. Abdul Haris Semendawai
Chairperson of the Agency for Victims and Witness Protection
Lembaga Perlindungan Sakdi dan Korban (LPSK)
JL. Proklamasi No 56 Jakarta Pusat 10320
Tel: +62 21 31907021
Fax: +62 21 3190606/+62 21 31927881

9. M. Imdadun Rahmat
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-028-2016.

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