Urgent Appeal Case: AHRC-UAC-178-2009

Dear friends,

The Asian Human Right Commission (AHRC) has received information that police officers of the sector police of the Beji subdistrict of Depok city in West Java illegally arrested Mr. J.J. Rizal with the heavy use of violence which resulted in serious injuries.

Case details:

According to information from the Commission for The Disappeared and Victims of Violence (KontraS) in Jakarta, Mr. J.J. Rizal was arrested on Saturday night, December 5, 2009, during a music concert at the Margo City Shopping Centre in Depok city. Prior to his arrest there had been numerous reports of pick pocket thefts in this mass gathering and these were reported to the sector police of Beji. Mr. JJ Rizal had just arrived moments before at the nearby train station (Pondok Cina KRL Station) from Jakarta and was trying to find a motorcycle taxi to get to his home, when he was suddenly grabbed by a group of policemen. The police suspected Mr. Rizal to be one of the alleged pickpockets and arrested him. When arresting the victim, the police officers beat him about the head and pointed a gun at him. Mr. Rizal shouted for help; however, the bystanders did not dare to interfere with the police action. The violence perpetrated on the victim resulted in a split upper lip, bleeding from the nose, swollen eyes and cheeks.

He was also struck about the ears which resulted in damage to his hearing. Some of the officers involved in the arrest did not were uniforms. Others only identified themselves as police officers after the victim was detained.

After some inquiries about this serious incident to the police station, on the following morning, Sunday, December 6, 2009, Police Commissioner Adjutant Mr. Sukardi the head of the Beji sector police, acknowledged to the media that four of his subordinates arbitrarily arrested Mr. J.J. Rizal and falsely accused him of theft. Mr. Rizal then filed a complaint against the police at the Jakarta Metropolitan Police. The internal disciplinary unit of the Jakarta Metropolitan police investigated the complaint of the victim against the four police officers Brigadier S., Brigadier I, A., Brigadier I, M.S. and Brigadier I S. Head of the Beij sector police station thereupon requested his subordinates to go to the victims house and apologize, which they did.

Additional comments:

It is common for Indonesian police to use disproportionate violence against suspects. In most cases they are wearing civilian clothes, offer no formal identification and show no respect for formal police procedures and the rights of the victim are ignored.

As a state party of the International Covenant on Civil and Political Right (ICCPR) the Indonesian government must respect and fulfill the contents of this covenant. This case violated several articles of the ICCPR such as article 2 (guarantee of human right), article 7 (right to freedom of inhuman treatment), article 9 p. 1 (right to freedom of arbitrary and arrest detention), article 15 (presumption of innocence). Furthermore, the victim is also entitled to compensation as laid out in Article 14 of the CAT and Articles 2 (3) and 9 (5) of the ICCPR.

At the national level, protection of human rights has been legally enshrined in the law no 39 of 1999 regarding Human Right in particular article 2 and chapter XA of the 1945 constitution.

In 2009, the Chief of the Indonesian National Police enacted the regulation of the Chief of Indonesian National Police Number 8 of 2009 which deals with the Implementation of Human Rights Principles and Standards in the Discharge of Duties of The Indonesian National Police.

Suggested action:

Please send your letters to the authorities listed below to asking their intervention and call on the National Police Commission to investigate the violence which conducts by police officers.

The AHRC has written to the Special Rapporteur on the Question of Torture.

Sample letter:

Dear _______________,

Re: Indonesia: Innocent person arrested on false charges and tortured in police custody

Name of Victim: Mr. J.J. Rizal
Name of alleged perpetrators:
Police officers of sector police Beji of Depok city;
1. Brigadier, S
2. Brigadier (1), A
3. Brigadier (1), MS
4. Brigadier (1), S

I am writing to voice my deep concern regarding police violence that was conducted by police officers of sector police Beji of Depok city against Mr. J.J. Rizal in front of Depok Town Square of Depok city of West Java Province.

According to information from the Commission for The Disappeared and Victims of Violence (KontraS) in Jakarta, Mr. J.J. Rizal was arrested on Saturday night, December 5, 2009, during a music concert at the Margo City Shopping Centre in Depok city. Prior to his arrest there had been numerous reports of pick pocket thefts in this mass gathering and these were reported to the sector police of Beji. Mr. JJ Rizal had just arrived moments before at the nearby train station (Pondok Cina KRL Station) from Jakarta and was trying to find a motorcycle taxi to get to his home, when he was suddenly grabbed by a group of policemen. The police suspected Mr. Rizal to be one of the alleged pickpockets and arrested him. When arresting the victim, the police officers beat him about the head and pointed a gun at him. Mr. Rizal shouted for help; however, the bystanders did not dare to interfere with the police action. The violence perpetrated on the victim resulted in a split upper lip, bleeding from the nose, swollen eyes and cheeks.

He was also struck about the ears which resulted in damage to his hearing. Some of the officers involved in the arrest did not were uniforms. Others only identified themselves as police officers after the victim was detained.

After some inquiries about this serious incident to the police station, on the following morning, Sunday, December 6, 2009, Police Commissioner Adjutant Mr. Sukardi the head of the Beji sector police, acknowledged to the media that four of his subordinates arbitrarily arrested Mr. J.J. Rizal and falsely accused him of theft. Mr. Rizal then filed a complaint against the police at the Jakarta Metropolitan Police. The internal disciplinary unit of the Jakarta Metropolitan police investigated the complaint of the victim against the four police officers Brigadier S., Brigadier I, A., Brigadier I, M.S. and Brigadier I S. Head of the Beij sector police station thereupon requested his subordinates to go to the victims house and apologize, which they did.

I urge you to ensure a thorough investigation and that disciplinary and legal action be imposed on the police officers involved. I also call for the effective implementation of the Regulation of the Chief of Indonesian National Police Number 8 of 2009, which was enacted to deal with the Implementation of Human Rights Principles and Standards in the Discharge of Duties of The Indonesian National Police.

I look forward to your action in this matter.

Yours sincerely,

Please send your letters to:

1. AKP. Sukardi
Head of sector police Beji of Depok city
Jl. H Amawi No. 23 Beji of Depok city of West Java
INDONESIA
Fax: +62 21 7520532
Tel: +62 21 7520532

2. Inspector General Pol. Wahyono
Head of Jakarta Metropolitan Police
Kepala Kepolisian Daerah Metro Jakarta Raya
Kapolda Metro Jaya
Jalan Sudirman Kavling 55
Jakarta Selatan
INDONESIA
Fax: +62 21 5234051
Tel: +62 21 5234262

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

4. Mr. Susilo Bambang Yudhoyono
President of Republic of Indonesia
Presidential Palace,
Jl. Medan Merdeka Utara Jakarta Pusat 10010
INDONESIA
Fax: +62 21 231 4138, 345 2685, 345 7782
Tel: +62 21 384 5627, ext. 1003
Email: mallarangeng@yahoo.com

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

6. Mr. Patrialis Akbar
Minister of Justice and Human Rights
JI. H.R. Rosuna Said Kav. 6-7
Kuningan, Jakarta Selatan
INDONESIA
Fax: +62 21 525 3095

7. Mr. Beny K Harman
Chairman of Commission one of The House of Representative
(Komisi III DPR RI)
Jl. Gatot Subroto No. 6 Jakarta
INDONESIA
Fax: +62 21 5715566
Tel: +62 21 5715569

8. Mr. Ifdhal Kasim
Chief of Indonesian Commission on Human Rights (KOMNAS HAM)
Jln. Latuharhary No. 4B, Menteng,
Jakarta Pusat 10310
INDONESIA
Fax: +62 21 3925227
Tel: +62 21 3925230 ext. 225/221
Email: info@komnasham.go.id

Thank you.

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