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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

Urgent Appeal

16 November 2005
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UA-210-2005: INDONESIA: A 28-year-old man tortured and detained over mistaken identity by Resort Police Belitung Timur

INDONESIA: Torture; arbitrary detention; impunity; rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the torture and arbitrary detention of a 28-year-old man, Fitriyanto (Sanep). Sanep was tortured allegedly by police officers attached to the Resort Police Office Belitung Timur, (Markas Kepolisian Resort Belitung Timur), Bangka Belitung on 12 September 2005. The police reportedly forced him to confess to a theft. When the police realized that they had arrested the wrong person, he was released from police custody. After his release, Sanep was confined to the hospital due to his severe injuries.

Although it was reported that the Safe and Profession section (Profesi and Pengamanan), a section of the same police station which investigates abuses by its police officers, has already conducted an investigation - they have not yet released its result. No actions have been taken so far against the policemen involved. It was learned that even though after the victim was confined to a hospital he was not afforded medical assistance for his treatment nor given compensation.

We urge your strong intervention by writing letters to the concerned agencies in Indonesia to ensure that those responsible police officers are brought to the court of law without delay. An independent investigation must be conducted. If the allegations are proven to be true, appropriate charges and sanctions must be filed against them. The victim must also be afforded with appropriate compensation.

Furthermore, please put pressure on the Indonesian government so that any action taken in this case must be in accordance with the provisions of the Convention against Torture (CAT), of which Indonesia is a state party. Domestic legislation must be introduced to make acts of torture a criminal offense without delay.

Urgent Appeals Desk,
Asian Human Rights Commission
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DETAILED INFORMATION:

Name of the victim: Fitriyanto (Sanep), 28-years-old. He is a driver of a motorcycle taxi (Tukang Ojek)
Alleged perpetrators: Some police officers of Resort Police Office Belitung Timur (Mapolres Belitung Timur), Bangka Belitung, Indonesia
Date of incident: 12 September 2005
Place of incident: Resort Police Office Belitung Timur (Mapolres Belitung Timur)

Details of the incident:

At 11am on 12 September 2005, Fitriyanto (Sanep) was waiting for a passenger in Manggar Belitung Bus Terminal. Suddenly, a police officer, whose name was Buya told him that Gantung Sector Police were looking for him. He forced Sanep to go with him to the Resort Police Office in Belitung Timur. In the police office, some of police officers accused Sanep of stealing money worth around Rp. 130.000.000 (USD 12, 967.2428), some gold and a generator from a Gantung resident. Although Sanep professed his innocence, the police began to assault him to make him confess. 

The police officers hit the victim one by one, using their hands, helmet and wood. They hit his face, head, back and legs. The officers then took him in a police car to look for Gajul--the other alleged criminal--and to bring him to the Gantung Resort Police. At the same time, two police officers from Resort Police Belitung Timur (one of them was Simanungkalit) ransacked Sanep's parents' house to search for incriminating evidence. It was done without a search warrant and they did not notify the head of the village.

At 11pm, Sanep's parents came to the Resort Police Belitung Timur to look for their son. They were told by the officers that Sanep had not been arrested and that his whereabouts were unknown by the police. The parents also looked for him at the Gantung Resort Police; when they asked the officers there about Sanep, they were told that the information was confidential and that they should come again tomorrow.

On 13 September 2005, in the morning, Sanep's parents went back to the Gantung Resort Police, but Sanep was moved to the Resort Police Belitung Timur. Finally, at 3pm, his parents and lawyer were able to meet Sanep. He had injuries on his face, head and legs, and could not walk very well. Among the police officers present at the time were Lili, Wahyudi and Buya. Before the officers released the victim, officer Lili apologized to Sanep's parents and said that Sanep was not guilty.

Sanep was then brought to a small hospital (Puskesmas), examined by a doctor and treated with traditional medicine, he was accompanied by his parents and officers Buya and Yuhri. After two hours at home, Sanep suffered acute headaches and threw up. He was then taken to the emergency room in a public hospital (Rumah Sakit Umum Daerah Tanjung Pandan), where he was treated for eight days. As a result of his injuries, Sanep still suffers from severe headaches.

SUGGESTED ACTION:

Please send a letter to the President of Indonesia, the Chief of Police, the National Commission of Human Rights and the Attorney General to demand an immediate and thorough investigation into the involvement of the police officers from Resort Office Belitung Timur in the torture and detention of Sanep.
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SAMPLE LETTER:

Dear___________,

Re: INDONESIA: A 28-year-old man tortured and detained over mistaken identity by Resort Police Belitung Timur

Name of the victim: Fitriyanto (Sanep), 28-years-old. He is a driver of a motorcycle taxi (Tukang Ojek)
Alleged perpetrators: Some of the officer of Resort Police Office Belitung Timur (Mapolres Belitung Timur), Bangka Belitung, Indonesia
Date of incident: 12 September 2005
Place of incident: Resort Police Office Belitung Timur (Mapolres Belitung Timur)

According to the information I have received, on 12 September 2005, Fitriyanto (Sanep) was arbitrary arrested and tortured by some officers of the Resort Police Office Belitung Timur (Mapolres Belitung Timur), Bangka Belitung, Indonesia.

At 11am on that day, Sanep was waiting for a passenger in Manggar Belitung Bus Terminal when he was told by one police officer Buya that the Gantung Sector Police were looking for him. Officer Buya forced Sanep to go with him to the Resort Police Office in Belitung Timur. There, Sanep was accused of stealing money worth around Rp. 130.000.000, some gold and a generator from a Gantung resident. Although Sanep professed his innocence, the police began to assault him to make him confess. 

The police officers hit the victim one by one, using their hands, helmet and wood. They hit his face, head, back and legs. The officers then took him in a police car to look for Gajul--the other alledged criminal--and to bring him to the Gantung Resort Police.
At the same time, two police officers from Resort Police Belitung Timur (one of them was Simanungkalit) ransacked Sanep's parents' house to search for incriminating evidence. The did this without a search warrant and they did not notify the head of the village.

At 11pm, Sanep's parents came to the Resort Police Belitung Timur to look for their son. They were told by the officers that Sanep had not been arrested and that his whereabouts were unknown by the police. The parents also looked for him at the Gantung Resort Police; when they asked the officers there about Sanep, they were told that the information was confidential and that they come again tomorrow.

On 13 September 2005, in the morning, Sanep's parents went back to the Gantung Resort Police, but Sanep was moved to the Resort Police Belitung Timur. Finally, at 3pm, his parents and lawyer were able to meet Sanep. He had injuries on his face, head and legs, and could not walk very well. Among the police officers present at the time were Lili, Wahyudi and Buya. Before the officers released the victim, officer Lili apologized to Sanep's parents and said that Sanep was not guilty.

Sanep was then brought to a small hospital (Puskesmas), examined by a doctor and treated with traditional medicine. He was accompanied by his parents and officers Buya and Yuhri. After two hours at home, Sanep suffered acute headaches and threw up. He was then taken to the emergency room in a public hospital (Rumah Sakit Umum Daerah Tanjung Pandan), where he was treated for eight days. As a result of his injuries, Sanep still suffers from severe headaches.

As I have raised deep concern in this case, I ask your immediate intervention to ensure that the responsible officers attached to the Resort Police Office Belitung Timur (Mapolres Belitung Timur) are brought to justice and that the victim is afforded compensation. I am aware that although the Safe and Profession Body (Profesi and Pengamanan), a section of the same police station that investigates abuses by its officers, has conducted an inquiry they have not released its result yet. An independent investigating body must be established to investigate the case.

I further urge the Indonesian government to comply with its obligations as state party to the Convention against Torture (CAT). Domestic legislation must be introduced to punish the acts of torture in accordance with the Convention.

Yours sincerely,

______________

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PLEASE SEND LETTERS TO:

1. Mr. Susilo Bambang Yudhoyono
President Republic of Indonesia
Presidential Palace
Jakarta Istana Negara
INDONESIA
Tel: +62 21 384 5627 ext. 1003
Fax: +62 21 345 7782

2. Gen. Sutanto
Chief of National Police Republic of Indonesia
Jl. Trunojoyo No. 3
Jakarta Selatan
INDONESIA
Tel.: +62-21-721 8012
Fax: +62-21-720 7277

3. Komisaris Besar Idrus Gasing
Chief of Bangka Belitung Provincial Police
Mapolda Bangka Belitung
Komplek Perkantoran Gubernur Bangka Belitung,
Provinsi Bangka Belitung
INDONESIA
Tel: 62-717-439442

4. Komisaris Polisi Yusron Cahyo, SIK
Chief of Belitung Timur Resort Police
Mapolres Belitung Timur
Manggar Kabupaten Belitung
Provinsi Bangka Belitung.
INDONESIA

5. Mr. Abdul Rahman Saleh
Attorney General of Indonesia
Attorney General's Office
Jakarta
INDONESIA
Tel: +62 21 720 8557
Mobile: +62 81 118 5009 (Adjutant)

6. Mr. Abdul Hakim Garuda Nusantara
Chairperson
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

7. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Mr. Safir Syed
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (general)

8. Ms. Manuela Carmena Castrillo
Working Group on Arbitrary Detention
Chairperson
c/o OHCHR-UNOG 1211
Geneva 10
Switzerland
Fax: +41 22 917 9006

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (AHRC)