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Indonesia: Further investigation needed in activist killing despite indictment of 35 persons
Asian Human Rights Commission Urgent Appeal - February 25, 2016
Dear Friends,
The Asian Human Rights Commission (AHRC) has received updated information that the high prosecutor (Kejaksaan Tinggi) in East Java province, Indonesia has announced 35 suspects in the brutal attack of two land rights activists. Although the ARHC appreciates this achievement, the investigation should be continued to uncover any alleged involvement of the state apparatus.
Updated information:
On 26 September 2015, two human rights defenders were brutally attacked due to their effort to protect the environment and eradicate illegal mining. The thugs involved in the attack were sent by the Selok Awar-Awar village chief, Mr. Haryono. As a result of the attack, Mr. Salim died, whereas Mr. Tosan was seriously injured and hospitalized.
On 9 February 2016, the high prosecutor of East Java province named 35 people as suspects of the attack and murder of Mr. Salim and Mr. Tosan in Selok Awar-Awar Village, Lumajang Regency. The suspects consist of Selok Awar-Awar village head, Mr. Hariyono, and others who are mostly thugs.
Recently the trial process took place in Surabaya District Court, East Java province. However, the victims' families and residents of Selok Awar-Awar expected the trial to be held in Lumajang District Court, which is much closer to their village.
The prosecutor indicted Mr. Haryono for violating the national law on money laundering (TPPU) with maximum 10 years imprisonment. Nevertheless, he will not be tried in the Anti-Corruption Court, but at the Surabaya District Court. The prosecutor also indicted Mr. Haryono for violating Article 338 of the Indonesian Penal Code on murder, with a maximum penalty of 15 years imprisonment.
Though Mr. Haryono and 34 people have become suspects, we note that there is no further investigation undertaken by the police to uncover or disprove the alleged involvement of police officers, local parliamentarians and other stake holders who benefited from the illegal sand mining in Selok Awar-Awar Village.
We also question the result of the field investigations conducted by the National Commission on Human Rights (Komnas HAM) and the Commission III of the House of Representative (DPR RI); both institutions should ensure that their conclusion and recommendations should be followed up by the relevant law enforcement agencies.
Additional information:
The AHRC has documented and reported the murder case of land rights activist in Selok Awar-Awar, Mr. Salim Kancil, through Urgent Appeal AHRC-UAC-130-2015. The AHRC along with its local partner in East Java province has also monitored and collected information upon the progress of the case. In the past one year, the AHRC has also documented and reported other cases of murder and attacks against human rights defenders, particularly those working on the issue of land rights, such as AHRC-HAC-004-2015 andAHRC-UAC-062-2015.
Suggested action:
Please write to the authorities listed below, asking them to ensure that the government, in particular the police, conducts further investigation to uncover the alleged involvement of police officers, local parliamentarians and other state officers in this case.
The AHRC is writing a separate letter to the UN Special Rapporteur on the Situation of Human Rights Defenders and the Special Rapporteur on extrajudicial, summary or arbitrary executions asking for their intervention into this case.
To support this case, please click here: http://www.urgentappeals.net/support.php?ua=AHRC-UAU-003-2016
Sample letter:
Dear....................,
Indonesia: Further investigation
needed in activist killing despite indictment of 35 persons
I am writing to voice
my deep concern regarding updated information that the high prosecutor
(Kejaksaan Tinggi) in East Java province, Indonesia has announced 35 suspects
in the brutal attack of two land rights activists. Although the ARHC appreciates
this achievement, the investigation should be continued to uncover any
alleged involvement of the state apparatus.
On 26 September 2015, two human rights defenders were brutally attacked due to their effort to protect the environment and eradicate illegal mining. The thugs involved in the attack were sent by the Selok Awar-Awar village chief, Mr. Haryono. As a result of the attack, Mr. Salim died, whereas Mr. Tosan was seriously injured and hospitalized.
On 9 February 2016, the high prosecutor of East Java province named 35 people as suspects of the attack and murder of Mr. Salim and Mr. Tosan in Selok Awar-Awar Village, Lumajang Regency. The suspects consist of Selok Awar-Awar village head, Mr. Hariyono, and others who are mostly thugs.
Recently the trial process took place in Surabaya District Court, East Java province. However, the victims' families and residents of Selok Awar-Awar expected the trial to be held in Lumajang District Court, which is much closer to their village.
The prosecutor indicted Mr. Haryono for violating the national law on money laundering (TPPU) with maximum 10 years imprisonment. Nevertheless, he will not be tried in the Anti-Corruption Court, but at the Surabaya District Court. The prosecutor also indicted Mr. Haryono for violating Article 338 of the Indonesian Penal Code on murder, with a maximum penalty of 15 years imprisonment.
Though Mr. Haryono and 34 people have become suspects, we note that there is no further investigation undertaken by the police to uncover or disprove the alleged involvement of police officers, local parliamentarians and other stake holders who benefited from the illegal sand mining in Selok Awar-Awar Village.
We also question the result of the field investigations conducted by the National Commission on Human Rights (Komnas HAM) and the Commission III of the House of Representative (DPR RI); both institutions should ensure that their conclusion and recommendations should be followed up by the relevant law enforcement agencies.
Therefore, I respectfully call upon the police to further investigate the alleged involvement of police officers, local parliamentarians and other state officers who benefited from the illegal sand mining. Furthermore, the government should fully support the police and National Commission on Human Rights to examine anybody involved in the case, without any exception.
I also urge the government to stop all illegal sand mining and protect the local environment.
The Agency for Victim and Witness Protection (LPSK) should ensure protection and remedy for victims and their families.
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. 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
5. General Badroedin Haiti
Deputy National Police Chief
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
6. Police Inspector General
Anas Yusuf
The Chief Police of East
Java Province Police Area
Kapolda Jawa Timur
Jalan Ahmad Yani 116 Kota
Surabaya, Jawa Timur
INDONESIA
Fax: +62 31 8290058/+ 62
31 829 0333
7. 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
8. 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
9. 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
10. 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-UAU-002-2016.
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