Dear Friends,
The Asian Human Rights Commission (AHRC) has learned that the police brutally attacked members of a peaceful protest conducted by labor unions in front of the Presidential Palace on 30 October 2015. As a result of the attack, two of the Jakarta Legal Aid (LBH) Lawyers, 23 laborers and one university student were arrested and charged. They have been named as suspects and their cases will be submitted to the public prosecutor.
CASE NARRATIVE:
On 30 October 2015, various labor unions led by the All-Indonesia Workers Union Confederation (KSPSI) conducted a peaceful protest. They demanded cancelation of Government Regulation (PP) No. 78 of 2015 on wages. The protesters stated that PP 78 does not take into consideration the basic cost of living (KHL) survey of 84 basic commodities and the needs of laborers.
Prior to holding their public protest, the protesters had submitted a written permit to the police as regulated by Law No 9 of 1999 on freedom of expression in public. In general, the public protest was very peaceful. There was no violence and no destruction of public facilities by the laborers.
Two legal aid lawyers, Mr. Tigor Gempita Hutapea and Mr. Obed Sakti Luitnan, also attended the protest, to document the protest and to provide legal assistance for the protesters. At 06.00 pm the police warned the protesters to end their demonstration. The police argument was based upon the Internal Police Regulation No 7 of 2012, whereas the protesters argument was based upon Law No 9 of 1998. Before ending the protest, they requested one hour of additional time to wind up before leaving the palace. After several peaceful negotiations, conducted by representatives of the laborers and the police, many laborers prepared to leave the location. However, suddenly, the police officers, wearing “Turn Back Crime T-shirts,” turned around to brutally attack the protesters. According to the information we received, the police beat, kicked and dragged the protesters, many of whom were injured and traumatized. They used sticks to destroy the protestors’ vehicles.
Twenty-seven people, consisting of two legal aid lawyers, 23 laborers and one university student were arrested and brought to the Jakarta Metropolitan Police (Polda Metro Jaya). After more than six hours of being examined by the police, 26 people are named as suspects and charged with article 216 paragraph 1 and article 218 of the Penal Code (KUHP) on crimes against public authority. The protesters were also charged with Law No 9 of 1998 on freedom of expression in public and internal police regulation No 7 of 2012 on the procedure of public protest. Currently, the case has been submitted to the public prosecutor (jaksa).
On 12 February 2016, Jakarta Legal Aid, representatives of Labor unions and other civil society organizations have reported the criminal charges brought against the 26 people to the Ombudsman of the Republic of Indonesia.
Legal Aid found approximately four violations against the police. First, the police officers did not show professionalism in examining the 26 suspects; second, the police officers brutally attacked the protesters while the protestors were preparing to end the protest; third, the police officers did not wear official uniforms when they arrested the protesters; fourth, the police named 26 people as suspects without sufficient supporting evidence.
Moreover, on 16 February 2016 they reported to the high prosecutor’s office of Jakarta the fabrication of criminal charges and the fabrication of evidence by the police. They requested the prosecutor to stop and put an end to the prosecution. Lack of evidence was cited, considering that not one single crime or any serious crime was conducted by the protesters.
ADDITIONAL INFORMATION:
In the last six months, the AHRC has learned that the Indonesian police have used extreme restrictions against freedom of expression, opinion and assembly in public. This took place in Jakarta, since the Jakarta governor issued the Governor Regulation (Pergub) No 228 of 2015 on freedom of opinion in public. Though the governor finally revised the regulation, some cases of forced dissolution of peaceful protests occurred frequently. An example is the peaceful public protest conducted by university students of indigenous Papuans in Jakarta on 1 December 2015. In this instance the police forcibly dispersed the protestors and arrested most of them.
SUGGESTED ACTION:
Please write to the authorities listed below, asking them to cancel the criminal charges brought against the protesters. Request that the police properly investigate and prosecute the abuse of power and the brutal attacks conducted by police officers of the Jakarta Metropolitan Police. Moreover, the Ombudsman should quickly announce its findings to intervene in the alleged fabrication of criminal charges against the 26 protesters.
The AHRC will write a separate letter to the UN Special Rapporteur on the situation of human rights defenders, and the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, calling for their intervention into this matter.
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SAMPLE LETTER:
Dear ………………..,
INDONESIA: 26 suspects in peaceful protest are brutally attacked
Name of victims:
1. Two legal aid lawyers: Mr. Tigor Gempita Hutapea and Mr. Obed Sakti Luitnan
2. Twenty three laborers
3. One university student
Names of alleged perpetrators:
Police officers of the Jakarta Metropolitan Police (Polda Metro Jaya) and the Chief of Polda Metro Jaya police office
Date of incident: 30 October 2015
Place of incident: In front of the Presidential Palace
I am writing to voice my deep concern regarding the police brutally attacked members of a peaceful protest conducted by labor unions in front of the Presidential Palace on 30 October 2015. As a result of the attack, two of the Jakarta Legal Aid (LBH) Lawyers, 23 laborers and one university student were arrested and charged. They have been named as suspects and their cases will be submitted to the public prosecutor.
On 30 October 2015, various labor unions led by the All-Indonesia Workers Union Confederation (KSPSI) conducted a peaceful protest. They demanded cancelation of Government Regulation (PP) No. 78 of 2015 on wages. The protesters stated that PP 78 does not take into consideration the basic cost of living (KHL) survey of 84 basic commodities and the needs of laborers.
Prior to holding their public protest, the protesters had submitted a written permit to the police as regulated by Law No 9 of 1999 on freedom of expression in public. In general, the public protest was very peaceful. There was no violence and no destruction of public facilities by the laborers.
Two legal aid lawyers, Mr. Tigor Gempita Hutapea and Mr. Obed Sakti Luitnan, also attended the protest, to document the protest and to provide legal assistance for the protesters. At 06.00 pm the police warned the protesters to end their demonstration. The police argument was based upon the Internal Police Regulation No 7 of 2012, whereas the protesters argument was based upon Law No 9 of 1998. Before ending the protest, they requested one hour of additional time to wind up before leaving the palace. After several peaceful negotiations, conducted by representatives of the laborers and the police, many laborers prepared to leave the location. However, suddenly, the police officers, wearing “Turn Back Crime T-shirts,” turned around to brutally attack the protesters. According to the information we received, the police beat, kicked and dragged the protesters, many of whom were injured and traumatized. They used sticks to destroy the protestors’ vehicles.
Twenty-five people, consisting of two legal aid lawyers, 23 laborers and one university student were arrested and brought to the Jakarta Metropolitan Police (Polda Metro Jaya). After more than six hours of being examined by the police, 25 people are named as suspects and charged with article 216 paragraph 1 and article 218 of the Penal Code (KUHP) on crimes against public authority. The protesters were also charged with Law No 9 of 1998 on freedom of expression in public and internal police regulation No 7 of 2012 on the procedure of public protest. Currently, the case has been submitted to the public prosecutor (jaksa).
On 12 February 2016, Jakarta Legal Aid, representatives of Labor unions and other civil society organizations have reported the criminal charges brought against the 26 people to the Ombudsman of the Republic of Indonesia.
Legal Aid found approximately four violations against the police. First, the police officers did not show professionalism in examining the 26 suspects; second, the police officers brutally attacked the protesters while the protestors were preparing to end the protest; third, the police officers did not wear official uniforms when they arrested the protesters; fourth, the police named 27 people as suspects without sufficient supporting evidence.
Moreover, on 16 February 2016 they reported to the high prosecutor’s office of Jakarta the fabrication of criminal charges and the fabrication of evidence by the police. They requested the prosecutor to stop and put an end to the prosecution. Lack of evidence was cited, considering that not one single crime or any serious crime was conducted by the protesters.
Therefore, I respectfully request that you ensure that the brutal attack conducted by the police officers of the Jakarta Metropolitan Police (Polda Metro Jaya) under the command of Police Inspector General Tito Karnavian be investigated. If proven, they must be held accountable.
The government must guarantee and protect the right to freedom of opinion, assembly and peaceful demonstration without extreme restrictions.
The police and public prosecutor must cancel the criminal charges brought against the 26 protesters and stop the fabrication of evidence.
I look forward to your prompt action in this matter.
Yours Sincerely,
……………….
PLEASE SEND YOUR LETTERS TO:
1. Mr. Joko Widodo
President of the Republic of Indonesia
Jl. Veteran No. 16
Jakarta Pusat
INDONESIA
Tel: +62 21 3458 595
Fax: +62 21 3484 4759
E-mail: [email protected]
2. Mr. Yasonna Laoly
Minister of Law and Human Rights
Jl. HR Rasuna Said Kav. 6–7
Kuningan, Jakarta 12940
INDONESIA
Tel: +62 21 525 3006, 525 3889
Fax: +62 21 525 3095
3. Dr. Mualimin Abdi SH., MH
Director General of Human Rights
Office of the Director General of Human Rights
Jl. HR Rasuna Said Kav. 6–7
Kuningan, Jakarta 12940
INDONESIA
Tel: +62 21 5253006
Fax: +62 21 5253095
4. General Badroedin Haiti
Chief of National Police (KAPOLRI)
Jl. Trunojoyo No. 3 Kebayoran Baru, Jakarta Selatan 12110
INDONESIA
Tel: +62 21 384 8537, 726 0306
Fax: +62 21 7220 669
E-mail: [email protected]
5. Inspector General Tito Karnavian
The chief of the Jakarta Metropolitan Police Command
Kapolda Metro Jaya
Jalan Jenderal Sudirman Kav. 55, Jakarta Selatan, DKI Jakarta 12190,
INDONESIA
Tel: +62 21 5234000
Fax: +62 21 5709250
Email: [email protected], [email protected]
6. Mr. Luhut Binsar Panjaitan
Chairperson National Police Commission
Jl. Tirtayasa VII No. 20
Kebayoran Baru, Jakarta Selatan
INDONESIA
Tel: +62 21 739 2315
Fax: +62 21 739 2352
E-mail: [email protected], [email protected]
7. Mr. Danang Girindrawardana
Chairperson of Ombudsman of Republic of Indonesia
Jl. HR. Rasuna Said Kav. C-19 Kuningan (Gedung Pengadilan TIPIKOR) Jakarta Selatan
INDONESIA
Tel: +62 21 52960894/95
Fax: +62 21-52960904/05
8. Mr. Nur Kholis
Chairperson National Human Rights Commission
Jl. Latuharhary No. 4-B
Jakarta 10310
INDONESIA
Tel: +62 21 392 5227-30
Fax: +62 21 392 5227
E-mail: [email protected]
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission ([email protected])
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