ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME
Urgent Appeal Case: AHRC-UAC-001-2022
March 14, 2022
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INDONESIA: Police officers in Northlubuklinggau Torture a Supect to Death
ISSUES: Torture, remedy, access to justice, impunity
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Dear Friends,
The Asian Human Rights Commission (AHRC) has received updated information regarding an alleged case of torture that resulted in the death of Mr. Hermanto (47 years old), a resident of Sumber Agung, North Lubuklinggau, South Sumatera. The victim is suspected of committing the crime of theft on Monday, February 12, 2022.
CASE NARRATIVE:
Based on the information we have received, the alleged act of torture began when Mr. Hermanto returned to his house for lunch after work since the morning. While he was getting out of the car and had not yet had time to set foot in his house, Mr. Hermanto was suddenly arrested by a number of police officers from the Lubuklinggau Utara Police Office without showing a summons letter.
Furthermore, in the afternoon, Hermanto’s child wanted to deliver rice to the North Lubuklinggau Police for his father. Arriving there, the police officer who guarded the office prohibited Hermanto’s child from entering the custody area to deliver the rice. The police stated that investigation processes are still going on. In the evening, at around 22.00 WIB, the victim’s family received information that Mr. Hermanto had died. Hermanto’s family then picked up the body at the Siti Aisyah Hospital. After Hermanto’s family arrived home with the body, Hermanto’s family found wounds on the body, and the family believe that Hermanto had allegedly become a victim of torture. The family found that Hermanto’s body was marked by bruises all over it, along with cracked lips, and bloody elbows. Because the victim’s family did not accept that the deceased had received such inhumane treatment, on the next day, the victim’s family took the victim’s body to Dr. Sobirin Musirawas to carry out an examination.
The AHRC finds strong indications of the alleged crime of torture which resulted in the death of Mr. Hermanto when he was arrested and interrogated by the North Lubuklinggau Police. Torture is prohibited under whatever condition, and the police officer who committed torture to take evidence or produce a forced acknowledgment from the suspect must be held accountable because torture violates international human rights law in particular the International Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Moreover, at the national level, torture also violates the criminal law, the code of conduct and the procedures of police investigation of the National Police in handling suspects of criminal cases.
The prohibition of acts of torture has been further regulated under the Chief Police Regulation (Perkap) Number 8 of 2009 concerning the Implementation of Human Rights Principles and Standards in Implementing Police Duties. Article 11 Paragraph (1) Letter B states that “Every officer/member of the National Police is prohibited from committing torture of detainees or against persons suspected of involvement in crime”.
Furthermore, if the legal process for the alleged criminal act of torture is pursued through an investigation, we assess that the appropriate Article to be suspected of, when a perpetrator of torture causes the death of a suspect, based on the findings of the legal facts, is Article 338 of the Criminal Code which essentially states that “Whoever intentionally kills a person is punished for being guilty of murder with a maximum imprisonment of fifteen years” or Article 353 (3) of the Criminal Code concerning persecution that results in death with a maximum imprisonment of nine years.
In addition, we also condemn the statement by the Head of Public Relations of the South Sumatra Police which stated that the family refused to carry out an autopsy on the victim’s body. Based on the information we have obtained, the victim’s family has firmly stated that they are ready if the deceased’s body is autopsied in order to obtain further information regarding the alleged crime of torture resulting in death. Furthermore, the victim’s family has not even received an offer of the victim’s body for an autopsy from the local law enforcement officials. We regret that the South Sumatra Police Public Relations attitude has manipulated information arbitrarily to the public.
In fact, as a law enforcement officer, it is appropriate to provide information in accordance with the facts. This has reflected the impartiality of local law enforcement officers to the victim’s family and tends to hinder the process of revealing the facts of the alleged crime that occurred.
SUGGESTED ACTION:
Please write to the Authorities listed below. Request the following action. Ask them to ensure:
1. The South Sumatera Regional Police Office (Polda Sumatera Selatan) to immediately conduct an investigation on the alleged torture that resulted in the death of Mr. Hermanto committed by police officers of the North Lubuklinggau Police Office, in a transparent and accountable manner;
2. The South Sumatra Police may dishonourably discharge suspected perpetrators of acts of torture and punish them with the maximum penalty if they are proven to have committed criminal acts and other violations related to acts of torture. This is important to do in order to provide a deterrent effect and so that similar cases do not occur in the future;
To support this case, please click here:
SAMPLE LETTER:
Dear ___________,
INDONESIA: Police officers in Northlubuklinggau Torture a Supect to Death
Name of victim : Mr. Hermanto (47)
Names of alleged perpetrators : Police officers of the North Lubuklinggau Police
Office
Date of incident : Monday, February 12, 2022
Place of incident : Sumber Agung, North Lubuklinggau, South
Sumatera
I am writing to voice my deep concern regarding an alleged case of torture that resulted in the death of Mr. Hermanto (47 years old), a resident of Sumber Agung, North Lubuklinggau, South Sumatera. The victim is suspected of committing the crime of theft on Monday, February 12, 2022.
Based on the information we have received, the alleged act of torture began when Mr. Hermanto returned to his house for lunch after work since the morning. While he was getting out of the car and had not yet had time to set foot in his house, Mr. Hermanto was suddenly arrested by a number of police officers from the Lubuklinggau Utara Police Office without showing a summons letter.
Furthermore, in the afternoon, Hermanto’s child wanted to deliver rice to the North Lubuklinggau Police for his father. Arriving there, the police officer who guarded the office prohibited Hermanto’s child from entering the custody area to deliver the rice. The police stated that investigation processes are still going on. In the evening, at around 22.00 WIB, the victim’s family received information that Mr. Hermanto had died. Hermanto’s family then picked up the body at the Siti Aisyah Hospital. After Hermanto’s family arrived home with the body, Hermanto’s family found wounds on the body, and the family believe that Hermanto had allegedly become a victim of torture. The family found that Hermanto’s body was marked by bruises all over it, along with cracked lips, and bloody elbows. Because the victim’s family did not accept that the deceased had received such inhumane treatment, on the next day, the victim’s family took the victim’s body to Dr. Sobirin Musirawas to carry out an examination.
The AHRC finds strong indications of the alleged crime of torture which resulted in the death of Mr. Hermanto when he was arrested and interrogated by the North Lubuklinggau Police. Torture is prohibited under whatever condition, and the police officer who committed torture to take evidence or produce a forced acknowledgment from the suspect must be held accountable because torture violates international human rights law in particular the International Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Moreover, at the national level, torture also violates the criminal law, the code of conduct and the procedures of police investigation of the National Police in handling suspects of criminal cases.
The prohibition of acts of torture has been further regulated under the Chief Police Regulation (Perkap) Number 8 of 2009 concerning the Implementation of Human Rights Principles and Standards in Implementing Police Duties. Article 11 Paragraph (1) Letter B states that “Every officer/member of the National Police is prohibited from committing torture of detainees or against persons suspected of involvement in crime”.
Furthermore, if the legal process for the alleged criminal act of torture is pursued through an investigation, we assess that the appropriate Article to be suspected of, when a perpetrator of torture causes the death of a suspect, based on the findings of the legal facts, is Article 338 of the Criminal Code which essentially states that “Whoever intentionally kills a person is punished for being guilty of murder with a maximum imprisonment of fifteen years” or Article 353 (3) of the Criminal Code concerning persecution that results in death with a maximum imprisonment of nine years.
In addition, we also condemn the statement by the Head of Public Relations of the South Sumatra Police which stated that the family refused to carry out an autopsy on the victim’s body. Based on the information we have obtained, the victim’s family has firmly stated that they are ready if the deceased’s body is autopsied in order to obtain further information regarding the alleged crime of torture resulting in death. Furthermore, the victim’s family has not even received an offer of the victim’s body for an autopsy from the local law enforcement officials. We regret that the South Sumatra Police Public Relations attitude has manipulated information arbitrarily to the public.
In fact, as a law enforcement officer, it is appropriate to provide information in accordance with the facts. This has reflected the impartiality of local law enforcement officers to the victim’s family and tends to hinder the process of revealing the facts of the alleged crime that occurred.
Therefore, I resepectfully urge you to ensure :
1. The South Sumatera Regional Police Office (Polda Sumatera Selatan) to immediately conduct an investigation on the alleged torture that resulted in the death of Mr. Hermanto committed by police officers of the North Lubuklinggau Police Office, in a transparent and accountable manner;
2. The South Sumatra Police may dishonourably discharge suspected perpetrators of acts of torture and punish them with the maximum penalty if they are proven to have committed criminal acts and other violations related to acts of torture. This is important to do in order to provide a deterrent effect and so that similar cases do not occur in the future;
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 of Police Listyo Sigit Prabowo
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. Ms. Poengky Indarti
Commissioner of the 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
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
