Urgent Appeal Case: AHRC-UAC-155-2009

Dear friends,

The Asian Human Right Commission (AHRC) continues to receive reports of violence perpetrated by police officers against peaceful demonstrators. Most recently police officers attacked a demonstration being held by members of the motorcycle taxi community (known as Ojeg) and the Bau – Bau Legal Aid Institute in Bau – Bau City, injuring six protestors. Though an internal police inquiry is being conducted, a criminal investigation is necessary.

Case details:

On 22 October 2009 the Bau – Bau Legal Aid Institute and solidarity members of the Ojeg community in Bau – Bau City, South East Sulawesi Province, held a peaceful demonstration involving around 3000 members of the community. The demonstration was to protest against the implementation of the new Law No. 22 of 2009 regarding regulations for motorcycle riders (claiming that the new law is disadvantageous to motorcycle taxi drivers and would burden them financially). The day before the demonstration they informed the Bau – Bau district police of it in writing.

The procession started in Pelataran Kamai at 8.30am and traveled around the city before arriving at the Police District Headquarters at 9.45am, the Mayor's office at 10.20am and finally the parliament office, outside which the demonstration continued from 11. 45 to 1.30pm. 10 representatives were received there by members of parliament.

However at just past noon while the delegation was waiting, Bau – Bau police officers conducted an aggressive raid, which was triggered, according to the legal aid Institute, by an officer who claimed to have been hit by a bottle of mineral water thrown by a participant. The police officers attacked the demonstrators without warning, arrested some of them and beating and kicking others. As a result six demonstrators suffered serious injuries such as broken teeth and bruising on their chests, heads and bodies.

After the delegation finished the meeting, members of the institute brought the victims to the hospital for medical treatment. Although the internal disciplinary unit (Propam) of the district police have started inquiries regarding the police officers involved in the violence, a criminal investigation is also clearly required. Police aggression against demonstrators is a common phenomenon in Indonesia and the AHRC continues to receive cases of excessive violence being used. This was the case recently at a peaceful demonstration held by members of the Pancasila Students Group (Mapancas) In Medan, North Sumatra Province, as seen in our urgent appeal: UAC-135-2009.

Additional comments:

It is evident that the Indonesian government is failing to guarantee and protect the right to freedom of expression and opinion in public areas. As a state party of the International Covenant on Civil and Political right (ICCPR), it is obliged to respect and implement this covenant, under which free expression is protected in article 18.

The AHRC has frequently stated that Indonesia does not consistently implement this right through national laws, in particular article 28 E in the constitution and the Indonesian Law no 39/1999 regarding Human Rights, in article 23 paragraph 2, and article 25. Indonesia also has Law No 9 of 1998 which deals with freedom of opinion in public areas, especially article 9 and article 2. In 2009 Indonesia also enacted much needed regulations for police conduct: Regulation of the Chief of Indonesian National Police Number 8 of 2009 on the Implementation of Human Rights Principles and Standards in the Discharge of Duties of The Indonesian National Police.

Suggested action:

Please write a letter to the following authorities calling for disciplinary and legal action against officers of the Bau – Bau Police District found to be involved, and call for compensation for medical expenses and losses suffered by the victims.

The AHRC has written to the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression calling for their intervention.

Sample letter:

Dear _______________,

Indonesia: Police attack a peaceful demonstration seriously injuring six people

Name of victims:

1) La Dia
2) Rendy Saputra
3) Herman
And 3 other members of the Ojeg community

Alleged Perpetrators: Police officers of Bau – Bau City Police District
Date of the incident: 22 October 2009
Place of the incident: Bau-Bau City, South East Sulawesi

I am writing to voice my deep concern regarding violence perpetrated by police officers against peaceful demonstrators among the motorcycle taxi community (Ojeg) and the Bau – Bau Legal Aid Institute in Bau – Bau City, injuring six protestors. Though an internal police inquiry is being conducted, a criminal investigation is clearly necessary.

According to the information I have received, on 22 October 2009 the Bau – Bau Legal Aid Institute and solidarity members of the Ojeg community in Bau – Bau City, South East Sulawesi Province, held a peaceful demonstration involving around 3000 members of the community. The demonstration was to protest against the implementation of new Law No. 22 of 2009, regarding regulations for motorcycle riders and the day before the demonstration they informed the Bau – Bau district police of it in writing.

I hear that the procession started in Pelataran Kamai and traveled around the city before arriving at the Police District Headquarters, the Mayor's office and finally the parliament office, outside which the demonstration continued from 11.45 to 1.30pm, and where 10 representatives were received by members of parliament.

However at just past noon while the delegation was waiting, I hear that Bau – Bau police officers conducted an aggressive raid, which was triggered, according to the legal aid Institute, by an officer who claimed to have been hit by a bottle of mineral water thrown by a participant. The police officers attacked the demonstrators without warning, arrested some of them and began beating and kicking others. As a result six demonstrators suffered serious injuries such as broken teeth and bruising on the chest, head and body.

Although the internal disciplinary unit (Propam) of the district police have started inquiries regarding the police officers involved in the violence, a criminal investigation is also required. Police violence against demonstrators is a common phenomenon in Indonesia and cases of it are regularly documented.
It is evident that the Indonesian Government is failing to guarantee and protect the right to freedom of expression and opinion in public areas. As a state party of the International Covenant on Civil and Political right (ICCPR), the Indonesian Government has to respect and implement this covenant, in particular article 18.

I understand that Indonesia consistently fails to implement this right through national laws such the constitution of Indonesia (article 28 E) and the Indonesian Law no 39/1999 regarding Human Rights, article 23 paragraph 2, and article 25, which protect freedom of opinion in public areas. Indonesia also has various other laws regarding this right and in 2009 enacted new regulations for police conduct.

I call for these to be properly implemented, and for disciplinary and legal action to be taken against officers of the Bau – Bau Police District found to be involved. Compensation must also be arranged to cover medical expenses and losses suffered by the victims.

Yours sincerely,

Please send your letters to:

AKBP Jafriedi, MM
Bau – Bau Police District
Kapolres Baubau.
Jln. Kelapa, Kel. Wangkanapi,
Kota Baubau,
INDONESIA
Tel/Fax: 0402-2821019.

Brigadier General Pol Sukrawardi Dahlan
South East Sulawesi Police Regency
Polda Sultra Komp,
Bumi Praja Andonuhu
INDONESIA
Tel/fax (0401) 391555

General Bambang Hendarso Danuri
Chief of National Police Headquarter
Jl. Trunojoyo No. 3
Jakarta Selatan
INDONESIA
Tel: +62 21 721 8012
Fax: +62 21 720 7277
Email: polri@polri.go.id

Mr. Adnan Pandu Praja
Chief of the national police commission (Kompolnas)
Jl. Tirtayasa VII No. 20 Komplek PTIK Jakarta Selatan
INDONESIA
Tel. +62 21 739 2352
Fax. +62 21 739 2317

Mr. Ifdhal Kasim
Chairman of the National Human Rights Commission (KOMNAS HAM)
Jl. Latuharhary No. 4B Menteng
Jakarta Pusat 10310
INDONESIA
Tel: +62 21 3925230
Fax: +62 21 3151042/3925227
Email: info@komnasham.go.id

Thank you.

Urgent Appeal Programme
Asian Human Rights Commission (ua@ahrc.asia)