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Advocate-kazi M Iqbal - Home

Movement For Human Right

Dear President of Republic of Indonesia,

INDONESIA: Victim of torture and fabrication of charges in Surabaya is left without reparation

Name of victim: Mr. Syamsul Arifin
Names of alleged perpetrators: Police Brigade Idihuda, Police Brigade Gatot Mulyono, and two others unidentified police officers from East Java Regional Police
Date of incident: 8 February 2011
Place of incident: Surabaya, East Java

I am writing to voice my deep concern regarding the torture and fabrication of charges by police officers against Syamsul Arifin in Surabaya. I was informed that Syamsul was arrested by two officers from East Java Regional Police on 8 February 2011 on the false allegation of television theft. I have learned that Syamsul was taken by Police Brigades Idihuda and Gatot Mulyono on a motorcycle to an empty mosque where he was forced to confess that he had stolen a television. The two police officers were beating Syamsul on his body with a wooden stick and threatened that he would be treated like an animal if he refused to ‘admit’ that he has committed the crime. Under such threat and torture, Syamsul eventually confessed to a crime he did not commit.

Syamsul was later taken by a car from the mosque to East Java Regional Police station. There were two unidentified police officers inside the car who, along with Police Brigades Idihuda and Gatot Mulyono, repeatedly beat Syamsul during the journey to the police station. Syamsul’s head was wrapped with three layers of black plastic bag and his hands were handcuffed. The ends of the plastic bags were tied to his neck that Syamsul was strangled and it was difficult for him to breath.

I had been informed that Syamsul was detained for fifty three days without anybody being allowed to visit him. His theft case was examined by Surabaya District Court which acquitted him on 4 July 2011 (Judgement No. 1214/pid.B/2011/PN). In the judgment, the Court ordered the state to provide Syamsul with rehabilitation. The acquittal of Syamsul as well as the order for rehabilitation were reaffirmed by by the Supreme Court last year (Judgement No. 2151/Pid./2011).

Despite the judgements of the courts, Syamsul’s right to rehabilitation is yet to be fulfilled as of today. In accordance with the view of the courts, I firmly believe that the police should be responsible for providing rehabilitation for Syamsul not only for the fabrication of charges and the torture, but also for the consequences of such abuses. Syamsul had lost his job as a furniture maker and had his wedding plan cancelled due to the criminal proceeding taken against him. Syamsul is currently working as a brick maker who only got paid IDR 7000 (less than USD 1) per 1000 bricks he made.

In addition to the fact that Syamsul’s right to rehabilitation is still being denied, I am concerned with the fact that police officers who are responsible for the torture and fabrication of charges are still left unpunished. There had been no investigation conducted over the allegation, not even one with the administrative nature. Syamsul had submitted a complaint to PROPAM, the internal monitoring division of the police on 25 August 2012 (Police Report No. LP 273/VIII/2011/YANDUAN) yet there has been no measures taken by the division to follow up his complaint. In this opportunity, I also wish to express my concern on how fabrication of charges in Indonesia is still treated as an administrative violation instead of a crime as evidenced by the failure of the Penal Code or any law to criminalise such abuse.

Given these above, I am urging to ensure that the police will comply with the judgement of the courts by providing Syamsul with adequate compensation and rehabilitation. An impartial and effective investigation on the allegation of Syamsul’s torture and fabrication of charges should take place and officers responsible for his torture and fabrication of charges should be criminally and adequately punished. I am also calling for the criminalisation of fabrication of charges by state officials and torture as crimes under your justice system.

Yours sincerely,
Advocate kazi M.Iqbal
Bangladesh

Dear President of Republic of Indonesia,

INDONESIA: Victim of torture and fabrication of charges in Surabaya is left without reparation

Name of victim: Mr. Syamsul Arifin
Names of alleged perpetrators: Police Brigade Idihuda, Police Brigade Gatot Mulyono, and two others unidentified police officers from East Java Regional Police
Date of incident: 8 February 2011
Place of incident: Surabaya, East Java

I am writing to voice my deep concern regarding the torture and fabrication of charges by police officers against Syamsul Arifin in Surabaya. I was informed that Syamsul was arrested by two officers from East Java Regional Police on 8 February 2011 on the false allegation of television theft. I have learned that Syamsul was taken by Police Brigades Idihuda and Gatot Mulyono on a motorcycle to an empty mosque where he was forced to confess that he had stolen a television. The two police officers were beating Syamsul on his body with a wooden stick and threatened that he would be treated like an animal if he refused to ‘admit’ that he has committed the crime. Under such threat and torture, Syamsul eventually confessed to a crime he did not commit.

Syamsul was later taken by a car from the mosque to East Java Regional Police station. There were two unidentified police officers inside the car who, along with Police Brigades Idihuda and Gatot Mulyono, repeatedly beat Syamsul during the journey to the police station. Syamsul’s head was wrapped with three layers of black plastic bag and his hands were handcuffed. The ends of the plastic bags were tied to his neck that Syamsul was strangled and it was difficult for him to breath.

I had been informed that Syamsul was detained for fifty three days without anybody being allowed to visit him. His theft case was examined by Surabaya District Court which acquitted him on 4 July 2011 (Judgement No. 1214/pid.B/2011/PN). In the judgment, the Court ordered the state to provide Syamsul with rehabilitation. The acquittal of Syamsul as well as the order for rehabilitation were reaffirmed by by the Supreme Court last year (Judgement No. 2151/Pid./2011).

Despite the judgements of the courts, Syamsul’s right to rehabilitation is yet to be fulfilled as of today. In accordance with the view of the courts, I firmly believe that the police should be responsible for providing rehabilitation for Syamsul not only for the fabrication of charges and the torture, but also for the consequences of such abuses. Syamsul had lost his job as a furniture maker and had his wedding plan cancelled due to the criminal proceeding taken against him. Syamsul is currently working as a brick maker who only got paid IDR 7000 (less than USD 1) per 1000 bricks he made.

In addition to the fact that Syamsul’s right to rehabilitation is still being denied, I am concerned with the fact that police officers who are responsible for the torture and fabrication of charges are still left unpunished. There had been no investigation conducted over the allegation, not even one with the administrative nature. Syamsul had submitted a complaint to PROPAM, the internal monitoring division of the police on 25 August 2012 (Police Report No. LP 273/VIII/2011/YANDUAN) yet there has been no measures taken by the division to follow up his complaint. In this opportunity, I also wish to express my concern on how fabrication of charges in Indonesia is still treated as an administrative violation instead of a crime as evidenced by the failure of the Penal Code or any law to criminalise such abuse.

Given these above, I am urging to ensure that the police will comply with the judgement of the courts by providing Syamsul with adequate compensation and rehabilitation. An impartial and effective investigation on the allegation of Syamsul’s torture and fabrication of charges should take place and officers responsible for his torture and fabrication of charges should be criminally and adequately punished. I am also calling for the criminalisation of fabrication of charges by state officials and torture as crimes under your justice system.

Yours sincerely,
Advocate kazi M.Iqbal
Bangladesh