ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Update: AHRC-UAU-026-2008

25 April 2008

[RE: UP-135-2007: INDONESIA: Fair trial not guaranteed in the prosecution of killers of four villagers under military court]
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INDONESIA: Autopsy revealed that four deceased were shot and several were injured

ISSUES: Extrajudicial killing; fair trial; military court; right to land
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Dear friends,

The Asian Human Rights Commission (AHRC) has received updated information from the Legal Aid Institute of Surabaya (LBH Surabaya) that autopsy reports confirmed that four persons died due to gunshots. Several others were injured due to shooting by naval officers. Questions have been raised on the fairness of the trial and possibility of effective remedy. In addition, the trial has failed to point out the responsibility of the naval commander.

UPDATE INFORMATION:

Since the extrajudicial killing of five civilians reported in Pasuruan, East Java which occurred 30 May 2007 (See further UA-175-2007), thirteen navy personnel were indicted for murdering, participating in maltreatment resulting death and persons who with united forces openly committing violence against persons or properties (See further UP-135-2007).

While the case has been tried in the military court of Surabaya, no translator has been provided for the victims, relatives and witnesses even though they did not understand the language used in the trial. It is also reported that an oditur, military prosecutor, has been very passive in assisting the victims.

Meanwhile, during the trial held on 26 March 2008, an autopsy reported that three out of the four dead victims were shot in the back of the head and another died from bullet wounds to his chest. The other eleven injured persons were hit by projectile fragments. However the commander of the naval unit has not taken any responsibility for this incident.

Since this incident occurred, no compensation has been provided to the victims, except for the medical expenses for the injured victims by way of a National Insurance Programme for the Poor, which is targeted for the members who become sick and injured (UA-175-2007).
 
ADDITIONAL COMMENTS:

The law in Indonesia, (Law number 26/2000) regarding Human Rights Court provides a compensation mechanism only for gross human rights violation victims; which are categorized as genocide and crimes against humanity. As a result of this limitation, individuals of human rights violations have been denied effective remedy from the government if they are outside the two categories of crime.

SUGGESTED ACTION:
Please write letters to the government authorities below urging them to ensure fair trial of this case and investigate whether this case comes under the commander's responsibility.

Please be informed that the AHRC has written separate letters to the UN Special Rapporteur on extrajudicial, summary or arbitrary execution calling for an intervention in this case.

SAMPLE LETTER:

Dear ___________,

INDONESIA: Please ensure fair trial

Details of victims:
1) Ms. Dewi Khotidja binti Juma'atun, aged 21; died of gun-shot on 30 May 2007
2) Ms. Mistin, aged 21, died of gun-shot on 30 May 2007
3) Mr. Rohman bin Saumar, aged 17, died of gun-shot on 30 May 2007
4) Mr. Sutam Saruyan, aged 45, died of gun-shot on 30 May 2007
5) Mr. Erwanto, aged 17, injured by gun-shot on 30 May 2007
6) Mr. Misdi, aged 40, injured by gun-shot on 30 May 2007
7) Mr. Satiran, aged 45, injured by gun-shot on 30 May 2007
8) Mr. Nasum, aged 27, injured by gun-shot on 30 May 2007
6) Mr. Rohman, aged 29, injured by gun-shot on 30 May 2007
7) Mr. Tosan, aged 25, injured by gun-shot on 30 May 2007
(All of them are resident of Alas Tlogo Village, Pasuruan, East Java)
Name of alleged perpetrators:
1) First Lt. Budi Santoso
2) Second Sgt. Wahyudi
3) Second Sgt. Abdul Rahman
4) Chief Corp. Lihari
5) Second Corp. Muhammad Suratno
6) Second Corp. Totok Lukistantoto
7) Second Corp. Warsim
8) Second Corp. Helmi Widiantoro
9) Second Corp. Slamet Riyadi
10) Private Agus Triyadi
11) Private Mukhamad Yunus
12) Private Sariman
13) Private Suyatno
(All are the navy forces attached to Navy Eastern Fleet in Surabaya; guarding a dispute land in Alas Tlogo Village, Pasuruan, East Java)

I am writing to voice my deep concern regarding the trial process of the thirteen marines involved in the case of killing of four civilian and at least eleven injured in Alas Tlogo, Pasuruan, East Java occurred on 30 May 2007.

According to the information that I have received, while the case has been tried in the military court of Surabaya, no translator has been provided for the victims and witnesses from the beginning of the trial. It is also reported that the oditur has been very passive in defending for the victims. If this description is true, the fair trial in the military court may be doubtful.

From the information that I have learned, I am surprised that no investigation has been conducted regarding the commander's responsibility and the connection between the Rajawali Nusantara Corporation and the Navy. In addition, no compensation has been provided to the victims or the family of the victims except the medical expenses by way of the Askeskin (Asuransi Kesehatan Masyarakat Miskin) Programme which is targeted for members of poor families.

I therefore urge you to ensure that the fair trial in the military court is secured in order to found out all truth and bring those responsible to justice. This will strengthen the justice system in Indonesia and regain trust from the people. I further urge that the commander's responsibility and the role of the Navy, who worked for the company be conducted.

I take this opportunity to remind you that as a state party to the International Covenant on Civil and Political Rights, the government has a responsibility to provide effective remedies to the victims. In this regard, I finally urge you to establish proper compensation mechanisms in order to fulfill your responsibility.

Yours sincerely,

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PLEASE SEND A COPY OF YOUR LETTER TO:

1. Mayor CHK Agung Iswanto
Head of Military Oditur III-12
Jl. Bundaran Tol Waru
Sidoarjo
East Java
INDONESIA
Fax: +62 31 8554261
Tel: +62 31 8554263

2. Mr. Hendarman Supandji
Attorney General
Kejaksaan Agung RI
Jl. Sultan Hasanuddin No. 1
Jakarta Selatan
INDONESIA
Fax: + 62 21 7250213
Tel: + 62 21 7221337, 7397602

3. Mr. Susilo Bambang Yudoyono
President
Republic of Indonesia
Presidential Palace
Jl. Medan Merdeka Utara
Jakarta Pusat 10010
INDONESIA
Fax: + 62 21 231 41 38, 345 2685, 345 7782
Tel: + 62 21 3845627 ext 1003

4. Mr. Ifdhal Kasim
Chairperson
KOMNAS HAM (National Human Rights Commission)
Jl. Latuharhary No. 4B Menteng
Jakarta Pusat 10310
INDONESIA
Fax: +62 21 3151042/3925227
Tel: +62 21 3925230

5. Air Chief Marshal Djoko Suyanto
Military Commander in Chief
Mabes TNI, Cilangkap
Jakarta 13870
INDONESIA
Fax: +62 21 845-6805
Tel: +62 21 8459-1244, 8459-1243

6. Admiral Slamet Subijanto
Commander in Chief of Indonesian Navy Forces
Mabes TNI, Cilangkap
Jakarta 13870
INDONESIA
Fax: +62 21 845 6805
Tel: +62 21 8459 1244, 8459-1243

7. Chief of Navy's Eastern Fleet
Ujung, Surabaya
INDONESIA
Fax: +62 31 328 4609
Tel: +62 31 3294421 or 3294151

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)