UPDATE (Indonesia): 19 protesters still being detained while no action taken against the police officers responsible for the Bojong shooting

UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Update on Urgent Appeal
22 December 2004

[RE: UA-169-2004: INDONESIA: Police Officers shot live bullets to the protesters in Bojong Village, Kelapanunggal District]
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UP-83-2004: INDONESIA: 19 protesters still being detained while no action taken against the police officers responsible for the Bojong shooting

INDONESIA: Police impunity; Rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) has received updated information regarding the Bojong shooting in Indonesia, where police officers opened fire at demonstrators. The AHRC is concerned that no criminal charges have been brought and no independent inquiry held, even though the police disciplinary committee that was held regarding the incident has merely recommended that six of the responsible officers be transferred. Furthermore, 19 residents are still being detained in Bojor prison.

Your urgent intervention demanding police accountability is required. Please write a letter to the Attorney General and other relevant authorities demanding the immediate release of those being illegally detained, and an independent investigation into the violent behavior of the Bojor police officers that seriously injured six protesters.

For more information regarding the protest and police action, please see our previous appeal UA-169-2004: INDONESIA: Police Officers shot live bullets to the protesters in Bojong Village, Kelapanunggal District

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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Updated information:

On 10 December 2004 the Police's Code of Ethics Council found six officers guilty of violating Article 7 of the Police Code of Conduct in handling the demonstrations in Bonjong, Bojor District. The disciplinary committee subsequently imposed administrative sanctions on the officers and recommended that they be transferred. These officers are Second Insp. Parlaungan Simatupang of the Cileungsi Police subprecinct, Second Brig. Ahmad Walyuhri, Second Brig. Asep Saepul, Second Brig. Agus Gunawan, Second Brig. Sutopo and Second Brig. Roy Mustapa Dewa Samudra (all from the Bogor Police). However, no independent inquiry into the actions of the officers was held, and no criminal charges filed, even though six people were seriously injured as a result of their excessive use of force.

Meanwhile, nineteen Bojor residents who were illegally detained during the demonstrations on November 22 have still not been released. They are: Namin Bin Oman; Edi Ishandar bin Sahid; Dede Suparman; Akbar bin Yanto; Egan bin Nasah; Edi bin Egan; Adang bin Hermawan; Nazarudin bin Kustiwa; Atang bin Ontang; Amin Gunawan bin emi; Paing bin Isa; Jaluh bin Rasid; Ace bin Soma; Sanaan bin Ace; Mirda bin Umir; Dayat Supriyardin bin Nain; Rohim Suminta bin Tiung; Ata bin Naping and Wawan Alias Dadu. They have been charged with involvement in the protest and their case files submitted to the Cibinong Prosecutor's office.

Legal advocates of Bojong have filed charges against the Head of the Bojor regional police, Head of the Klapanunggal sectoral police and the Kedunghalang area BRIMOB [Mobile Brigade; Indonesia's paramilitary force] Commander. They have also demanded five billion rupiahs for each victim as compensation and a public apology from the six officers.

SUGGESTED ACTION:

Please write to the Attorney General of Indonesia to release the arrested persons who are still in detention, appoint an independent investigation team to conduct a proper, impartial and urgent investigation into the Bojong conflict and take appropriate action to compensate the victims. Send a copy of your letter to the following authorities:

Sample letter:

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Dear Attorney General,

Re: INDONESIA: 19 protesters still being detained while no action taken against the police officers responsible for the Bojong shooting

I am outraged to learn that six officers involved in the Bojong shooting, Second Insp. Parlaungan Simatupang of the Cileungsi Police subprecinct, Second Brig. Ahmad Walyuhri, Second Brig. Asep Saepul, Second Brig. Agus Gunawan, Second Brig. Sutopo and Second Brig. Roy Mustapa Dewa Samudra (all from the Bogor Police), have been merely subjected to a disciplinary hearing, conducted by the Police's Code of Ethics Council. The disciplinary committee imposed only administrative sanctions on the officers and recommended that they be transferred, after being found guilty of violating Article 7 of the Police Code of Conduct. These officers are guilty of using excessive force against demonstrators, seriously injuring six persons, and should be prosecuted with criminal charges.

Furthermore, the Bojong residents who were illegally detained have yet to be released or even brought to court. I urge you to release them immediately, in accordance with international human rights standards. Their names are: Namin Bin Oman; Edi Ishandar bin Sahid; Dede Suparman; Akbar bin Yanto; Egan bin Nasah; Edi bin Egan; Adang bin Hermawan; Nazarudin bin Kustiwa; Atang bin Ontang; Amin Gunawan bin emi; Paing bin Isa; Jaluh bin Rasid; Ace bin Soma; Sanaan bin Ace; Mirda bin Umir; Dayat Supriyardin bin Nain; Rohim Suminta bin Tiung; Ata bin Naping and Wawan Alias Dadu.

Legal advocates from the Bojong community have apparently filed charges against the police at the Cibinong District Court. They have also demanded compensation of 5 billion rupiahs for each of the 35 victims and a public apology from the responsible officers.

The Attorney General's Department is under obligation to ensure that the law of the country is being upheld, and that those who break the law are punished and victims served justice. I trust that you will undertake your responsibilities seriously and ensure that the guilty officers are prosecuted according to the charges filed and justice is served to the victims. Only through such action will the rule of law will be established in the country and people's confidence in the police and justice institutions regained.

Furthermore, I urge you to pressure the Government of Indonesia to ratify the International Covenant on Civil and Political Rights (ICCPR), and to implement the Convention against Torture (CAT), to which Indonesia is a state party, without further delay in order to prevent abuses by the law enforcement officers in the future.

Yours sincerely,

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SEND A LETTER TO:

Mr. Abdul Rahman Saleh
Attorney General of Indonesia
Attorney General's Office
Jakarta
INDONESIA
Fax: +62 21 720 8557

SEND A COPY TO:

1. Mr. Susilo Bambang Yudoyono
President
Republic of Indonesia
Presidential Palace
Jakarta Istana Negara
INDONESIA
Tel: +62 21 384 5627 ext. 1003
Fax: +62 21 345 7782
E-mail: presiden@ri.go.id

2. Governor Sutiyoso
Gedung Balaikota
21st Floor, Jl. Medan Merdeka
Selatan No. 8-9, Jakarta 10110
INDONESIA
Tel: +62 21 344 7005 or 345 6058
Fax: +62 21 384 8653

3. Gen. Dai Bachtiar
National Chief of Police
Jl. Trunojoyo
No. 3 Kebayoran Baru
Jakarta Selatan
INDONESIA
Tel: +62 21 7218001 / 726 0306
Fax: + 62 21 720 7277
E-mail: polri@polri.go.id

4. KOMNAS HAM [National Human Rights Commission of Indonesia]
Jl. Latuharhary No. 4B Menteng
Jakarta Pusat 10310
INDONESIA
Tel: +62 21 3925230
Fax: +62 21 3151042/3925227
E-mail: info@komnasham.or.id

5. Professor Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Mr. Safir Sayed
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9006/ 9016/ 9018
E-mail: ssyed@ohchr.org

6. Ms. Hina Jilani
Special Representative for human rights defenders
Att: Ben Majekodunmi
Room 1-040
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 93 88
Fax: +41 22 917 9006
E-mail: bmajekodunmi@ohchr.org

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (AHRC)