URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

15 October 2003

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UA-63-2003: INDONESIA/ACEH: The Military Court released 12 soldiers from torture charges

INDONESIA/ACEH: Torture; Unfair Trial; Rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) has learned that the Lhokseumawe Military Court in Aceh released 12 soldiers from Infantry Battalion (Yonif) 301, who had tortured the civilians, even though they had confessed their crime. In Aceh area, the military soldiers arbitrarily arrested and tortured the civilians with genuine impunity, accusing them of being rebels or in order to get information regarding the Free Aceh Movement (GAM). Your urgent action is required to urge the Government of Indonesia to correct this matter.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

On 10 October 2003, the Lhokseumawe Military Court released 12 soldiers from Batalyon Infantery (Yonif) 301, who had tortured the civilians from two villages in Aceh.

They were charged of torturing the citizens of two villages, West Gleumpang Sulu village and East Gleumpang Sulu Village in Dewantara District, North Aceh. The Military Oditur (Military prosecutor) set them free and the judges, lead by Major (Chk) E Trias Komara, acquitted the perpetrators of a charge because of lack of evidence.

Ironically, in the court, the 12 soldiers confessed that they tortured villagers to get the information about a member of Free Aceh Movement (GAM), Syaiful Bachri. But they said that they could not give exact names of the victims because it was too dark to recognize them. In their decision, the judges stated that there was not enough evidence "Because it was too dark at that time, the witnesses and the victims couldn't clearly give the name of the soldiers who assaulted them. Also, the soldiers can't tell the exact name of each victim whom were beaten by them" (Read Kompas, 11 October 2003 page 8). Moreover, even though the court defined the villagers as the victims, the court announced that they could not receive compensation according to law because the perpetrators were not found yet. The Government of Indonesia has ratified the Convention Anti Torture (CAT) however, it was not implemented into domestic law.

SUGGESTED ACTION:
Please send a letter, fax or email to the addresses below to express your concern of this matter.

1. Mrs. Megawati Sukarnoputri
President, Republic of Indonesia
Presidential Palace, Jakarta,
Jalan Veteran 16
Jakarta
INDONESIA
Fax: +62 21 344 2223 / 345 2685
E-mail: presiden@ri.go.id

2. General Susilo Bambang Yudhoyono
Minister of Coordinator Politics and Secure
Jalan Merdeka Barat 15
Jakarta
INDONESIA
Fax: +62 21 345 0918

3. Prof. Bagir Manan
The Chairman of the Supreme Justice
Jalan Merdeka Utara 9 - 13
Jakarta
INDONESIA
Fax: +62 21 381 2347

4. Yusril Ihza Mahendra
Menteri Hukum dan Hak Asasi Manusia (Minister of Law and Human Rights)
Jl. HR Rasuna Said Kav. 6-7
Kuningan
Jakarta-Selatan 12950
INDONESIA
Fax: +62 21 314 1625, 513095 or 5253095

5. Mr. Theo C. van Boven
Special Rapporteur on the Question of Torture
OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917-9016
E-mail: secrt.hchr@unog.ch


Sample letter:

Dear

RE: The Military Court released 12 soldiers from torture charge

I am very concerned by the report that the Lhokseumawe Military Court released 12 soldiers from Infantry Battalion (Yonif) 301 on 10 Octorber 2003, who had tortured the civilians of two villages, West Gleumpang Sulu village and East Gleumpang Sulu Village in Dewantara District, North Aceh. More seriously, even though they confessed their crime at the court, the Military Oditur (Military prosecutor) set the perpetuators free and the judges, lead by Major (Chk) E Trias Komara, acquitted them of a charge on the basis of lack of evidence.

Nonsensically, the judges stated in their decision, that there was not enough evidence "Because it was too dark at that time, the witnesses and the victims couldn't clearly give the name of the soldiers who assaulted them. Also, the soldiers can't tell the exact name of each victim whom were beaten by them". It clearly shows that the Government of Indonesia does not have a strong will to eliminate torture by the police and soldiers which have been frequently happening in Aceh area.

I strongly urge you to bring this case before an impartial and independent court and bring the perpetrators before justice as soon as possible. I also urge the Government of Indonesia to provide compensation to the victims according to law. I further urge the Government of Indonesia to implement CAT into domestic law and take strong action to end torture in the country. Finally, the Government of Indonesia should ensure that soldiers and police who violate people's human rights are detained and subjected to effective judicial process.

Thank you.

Sincerely yours,



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Thank you.

Kim Soo A
Urgent Appeals Programme
Asian Human Rights Commission (AHRC)