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Update (Indonesia): Violence Against Kebumen Villagers

Asian Human Rights Commission - Urgent Appeals Programme

Urgent Appeal Update: AHRC-UAU-047-2011

20 October 2011

[RE: Military open fire on protesting villagers in Central Java]

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Indonesia: No Transparency In Military Proceedings Against Officers Responsible For Violence Against Kebumen Villagers

ISSUES: Military abuse; impunity; prosecution system
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Dear friends,

Regarding the military violence against Kebumen villagers on April 16-17, 2011, the Asian Human Rights Commission (AHRC) has learnt that there have been some legal proceedings against the villagers. Meanwhile, there is no information regarding any legal process against the alleged perpetrators. The reluctant and secretive nature of the military’s proceedings against the responsible soldiers shows its unwillingness to resolve the case in a just manner. (photo: injured Kebumen victim after incident)

Updated Information:

On 16 April 2011, members of the Indonesian national military (TNI) opened fire against protesters without any warning in Kebumen regency, Central Java. Military personnel also beat, kicked and shot the protesters, allegedly with rubber bullets, causing several injuries. Ten villagers were arrested after they protested against the occupation of their land by the military (who is using the land as a training camp), and sweeping operations continued in the evening and the following day. Further operations by more than 100 TNI members are being conducted presently, putting more villagers at risk of arbitrary arrest and violence.

Please see Urgent Appeal Case: AHRC-UAC-079-2011 for further information.

A few days after the incident, the IV/2-2 Purworejo sub-detachment military police (sub denpom IV/2-2 Purworejo) was examining relavent evidence and witnesses to construct the facts of the case. Nevertheless, until now there is no information regarding the progress and result of the examination into the military action. The Kebumen villagers sent at least three letters to the IV/ 2-2 Purworejo sub-detachment military police to ensure an effective investigation into the violence, but received no response.

Meanwhile, the trial against the villagers took place much faster. The trial began on July 3 in Kebumen district court, against six villagers: Solekhan, Mulyono, Adi Wiluyo, Sobirin, Asmarun alias Lubar bin Jaswadi and Sutriono alias Godreg bin Lamija. Asmarun and Sutriono were charged with maltreatment and violence against individuals under articles 170.1 jo. (in conjuction with) 351.1 jo. (in conjunction with) 55.1 of the criminal code, for allegedly maltreating a food carrier at the army research and development service (dislitbangad)'s office. The four others were charged with violence against property under articles 170.1 and 406.1 jo. (in conjunction with) 55.1 for allegedly destroying the military's entrance gate.

On September 8, the Kebumen court sentenced Asmarum and Sutriono to five months imprisonment, and the other four to six months. When this was appealed by the prosecutor at the Central Java high court, the villagers’ sentences were overall upheld; on October 6, the high court sentenced Asmarum and Sutriono to five months and 19 days imprisonment. They were released on the same day for having served their sentence. On October 12, the four other victims were also released for having served their sentence after the high court sentenced them to five months and 28 days.

Until now, the only information and/or response from the military regarding its investigation into its soldiers’ violent actions has been a statement by the commander of the IV/2-2 Purworejo sub-detachment, Captain Cpm Hadi Wahyudi, whereby he said he doesn't have the authority to explain the legal process the TNI members accused of shooting, maltreatment, and destruction of villagers’ motorcycles will be subjected to. He stated that it is the 4th Diponegoro commander of military area command military police (danpondam IV/Diponegoro) who has this authority. However, no formal statement has been made by him either. Considering the slow and opaque nature of the legal process against the TNI members responsible for the April 16-17 incident, the AHRC is concerned that justice and due process will once again fall foul of military impunity.

Suggested Action:

Please write to the authorities below and urge for a timely intervention and investigation into the disproportional use of violence by the military. Please also call on the Indonesian government to review the law on military courts, which continues to provide impunity for members of the Indonesian national army.
Please be informed that the AHRC is sending letters on this case to the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, calling for his strong intervention.

Name of victim: Solekhan, Mulyono, Adi Wiluyo, Sobirin, Asmarun alias Lubar bin Jaswadi and Sutriono alias Godreg bin Lamija

Names of alleged perpetrators: The commander of IV/2-2 Purworejo sub-detachment military police

Date of incident: 16 and 17 April 2011

Place of incident: Kebumen regency, Central Java

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Sample Letter:

Dear ___________,


I am writing to voice my deep concern at the Indonesian military's violence against Kebumen villagers on 16 and 17 April 2011. On April 16, members of the Indonesian national military (TNI) opened fire against protesters without any warning in Kebumen regency, Central Java. Military personnel also beat, kicked and shot the protesters, allegedly with rubber bullets, causing several injuries. Ten villagers were arrested after they protested against the occupation of their land by the military (who is using the land as a training camp) and sweeping operations continued in the evening and the following day. Further operations by more than 100 TNI members are being conducted presently, putting more villagers at risk of arbitrary arrest and violence.

A few days after the incident, the IV/2-2 Purworejo sub-detachment military police (sub denpom IV/2-2 Purworejo) was examining relavent evidence and witnesses to construct the facts of the case. Nevertheless, until now there is no information regarding the progress and result of the examination into the military action. The Kebumen villagers sent at least three letters to the IV/ 2-2 Purworejo sub-detachment military police to ensure an effective investigation into the violence, but received no response.

Meanwhile, the trial against the villagers took place much faster. The trial began on July 3 in Kebumen district court, against six villagers: Solekhan, Mulyono, Adi Wiluyo, Sobirin, Asmarun alias Lubar bin Jaswadi and Sutriono alias Godreg bin Lamija. Asmarun and Sutriono were charged with maltreatment and violence against individuals under articles 170.1 jo. (in conjuction with) 351.1 jo. (in conjunction with) 55.1 of the criminal code, for allegedly maltreating a food carrier at the army research and development service (dislitbangad)'s office. The four others were charged with violence against property under articles 170.1 and 406.1 jo. (in conjunction with) 55.1 for allegedly destroying the military's entrance gate.

On September 8, the Kebumen court sentenced Asmarum and Sutriono to five months imprisonment, and the other four to six months. When this was appealed by the prosecutor at the Central Java high court, the villagers’ sentences were overall upheld; on October 6, the high court sentenced Asmarum and Sutriono to five months and 19 days imprisonment. They were released on the same day for having served their sentence. On October 12, the four other victims were also released for having served their sentence after the high court sentenced them to five months and 28 days.

Until now, the only information and/or response from the military regarding its investigation into its soldiers’ violent actions has been a statement by the commander of the IV/2-2 Purworejo sub-detachment, Captain Cpm Hadi Wahyudi, whereby he said he doesn't have the authority to explain the legal process the TNI members accused of shooting, maltreatment, and destruction of villagers’ motorcycles will be subjected to. He stated that it is the 4th Diponegoro commander of military area command military police (danpondam IV/Diponegoro) who has this authority. However, no formal statement has been made by him either. Considering the slow and opaque nature of the legal process against the TNI members responsible for the April 16-17 incident, the AHRC is concerned that justice and due process will once again run foul of military impunity.

I therefore urge you to:

1. Ensure that the investigation against the TNI members involved in the violence is promptly completed;
2. Ensure that those military officers found guilty are not granted impunity;
3. Ensure that there is a transparent process through which the public may take note of military accountability;
4. Ensure that all victims receive adequate compensation and rehabilitation.
Yours sincerely,

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Please Send Your Letters To:
1.Military Commander in Chief
Mabes TNI, Cilangkap,
Jakarta 13870
INDONESIA
Tel: +62 21 8459-1244, 8459-1243
Fax: +62 21 845-6805

2. Mr. Pramono Edhie Wibowo
Army Chief of Staff
Jl. Veteran No. 5 Jakarta Pusat
INDONESIA
Tel: +62 21 3846002, 3456838
Fax: +62 21 3848300

3. Head of National Commission on Human Rights of Indonesia
Jalan Latuharhary No.4-B
Jakarta 10310
INDONESIA
Tel: +62 21 392 5227-30
Fax: +62 21 392 5227
Email: info@komnas.go.id

4. Mr. Kemal Azis Stamboel
The Chairman of the First Commission of House of Representative of Indonesia
Gedung DPR RI Nusantara II, Lantai 1
Jl. Jenderal Gatot Subroto
Jakarta 10270
INDONESIA
Tel: +62 21 5715518
Fax: +62 21 5715523

5. Chairman of Commission of The House of Representative
(Komisi III DPR RI)
Jl. Gatot Subroto No. 6 Jakarta
INDONESIA
Tel: +62 21 5715569
Fax: +62 21 5715566

6. Mayjen TNI Langgeng Sulistyono
PANGDAM IV Diponegoro Jawa Tengah
Jl. Ring Road Barat, Jawa Tengah 55292
INDONESIA
Tel: +62 274 580145


7. Commander of Military Area Command Military Police
Jl. Ring Road Barat, Jawa Tengah 55292
Indonesia
Tel: +62 274 580145


Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)

Visit our new website with more features at www.humanrights.asia.

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******

ENDS

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