A Written Submission to the 50th Regular Session of the UN Human Rights Council by the Asian Legal Resource Centre

INDONESIA: State Curbs Freedom of Expression amidst Non-stop Human Rights Violations in Papua

The Asian Legal Resource Centre (ALRC) strongly condemns all forms of police brutality against demonstrators who refused the New Autonomous Province (DOB) in Papua Island on 10 May 2022. Based on the monitoring and information we received, there were several actions of brutality such as forced dispersal, beatings, pursuits, shootings, and arbitrary arrests. A number of violence and human rights violations occurred in various areas such as Abepura and Heram.

The objection of the new autonomous province voiced by the Papuan people is a legitimate and constitutional expression as regulated under Article 28 of the 1945 Indonesia Constitution (UUD1945). Freedom of public opinion and expression should be responded through dialog processes, not repression against peaceful protesters. The violence that occurred in the field once again demonstrated that the State was not reliable in responding to public criticism, especially related to the Papua issue.

The case also emphasized that the State is still very discriminatory and often prioritizes a security approach in responding to the aspirations of the Papuan people. Evidently, almost all demands of the Papuan people have always been responded to or ended up with violence. The same patterns also occurred against Special Autonomy in Papua and racial discrimination.

In addition, the actions of the security forces in the field can also be categorized as systematic, because they are based on orders from the Papuan Police via Telegram Letters. This is clearly a form of excessive use of force. In the telegram, it was stated that several areas such as Jayapura, Jayawijaya Regency, Biak Numfor Regency, Yahukimo Regency and Deiyai Regency were raised to alert I. This proves that the Police view demonstrations as a serious threat.

It is proven, these instructions have real implications for the actions of the Police in the field. The steps taken by the police have caused at least 10 (ten) people to suffer injuries from blows, to tear gas from the police. Even from a number of videos circulating, the police are seen to be brutal in their handling of the action by attacking demonstrators first without clear reasons. This clearly violates the internal police regulations such as Chief Police Regulation Number. 7 of 2012 concerning Procedures for Service Implementation, Security and Handling of Public Opinion Cases. In addition, based on Article 5 of the Chief Police Regulation Number 1 of 2009, the purpose of using force in police action is to prevent, hinder and stop actions suspected of committing unlawful acts. But what happened on the contrary, members of the Police actually used their power to injure the peaceful protesters.

The Jayapura Police also conducted arbitrary arrests against some activists, one of whom was take place inside the KontraS Papua office. Based on the information we got, at around 01.30 PM the officers had already blocked the road in front of KontraS Papua. No longer after that, the officers broke into the KontraS Papua office and took items such as computers, printers, books, and several files. In addition, the Police also immediately arrested several people in the office.

At least we noted that there were seven activists who were arrested for unclear reasons, including:

1. Jefry Wenda
2. Ones Suhuniap
3. Omikzon balingga
4. Max Mangga
5. Esther Haluk (Staff of KontraS Papua)
6. Iman Kogoya
7. Abbi Douw

The reason applied by the Jayapura Police to arrest a number of people, such as Jefry Wenda, was only because the person involved in the peaceful protest did not have a permit. This is clearly wrong, because the demonstration as stated in Law Number 9 of 1998 regarding Public Opinion does not recognize the concept of permit, but merely notification. In addition, people who were arrested were also charged with alleged violations of the ITE Law—because they had made an appeal to the wider community. Even though the call for peaceful demonstrations is absolutely not a violation of the law because it is not part of hate speech.

The wave of public protest of the indigenous Papuans against the new autonomous province in Papua island made by the central government has been carried out since 1999, but the policy on additional autonomous province was continued by the central government in 2003, and then legalized in 2021. The rejection of the Papuan people started from a formulation process that did not participatory, because the Orang Asli Papua/Indigenous Papuans (OAP) are never serious to be invited in to peaceful dialogue. In addition, this new autonomous region has the potential to create a sense of insecurity, because there are fears that a number of security forces will be re-deployed which could increase the occurrence of various human rights violations in Papua.

Based upon fact and information above, we respectfully request the Council to urge:

1. The government, in particular the President and the Parliament, immediately to cancel the discussion of the Bill on the Province of South Papua, Central Papua Province, and the Papua Central Mountains Province of. In addition, the Special Autonomy Law as the basis for new autonomous regions must also be postponed until the judicial review process at the Constitutional Court is completed;

2. The National Police to immediately withdraw the police officers in Papua and impose strict sanctions, both discipline, code of ethics, and criminal charges against the police officers who are proven to have committed violence against peaceful demonstrations. As well as the unconditional release of a number of Papuan activists who were arbitrarily arrested;

3. The National Commission on Human Rights (Komnas HAM) must conduct investigation upon allegation of human rights violations in relation with the police’s policy and action against peaceful protest on rejection new autonomous province in Papua Island.

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The Asian Legal Resource Centre (ALRC) works towards the radical rethinking & fundamental redesigning of justice institutions in Asia, to ensure relief and redress for victims of human rights violations, as per Common Article 2 of the International Conventions. Sister organisation to the Asian Human Rights Commission, the ALRC is based in Hong Kong & holds general consultative status with the Economic & Social Council of the United Nations.

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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)

Read this UAC online

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