Torture to three staffs of the Regional Office of the Attorney General: The Police should be free from torture
The fact that police officers of Banda Aceh did torture to three staffs from regional office of the Attorney General on 19 January 2007 at 23.30 PM is unpleasant. The three staffs are Agus Dewi (Intelligence Staff), Fauzi Fuadi and Susantu (Pidsus staff). Ironically, they were beaten at the office of Banda Aceh Police and based on their testimonies, they were beaten for thirty minutes. As a result, Agus Dewi has been wounded on close to his right eyes and on his head close to to left ear. Susanto has been wounded on his left chin and head. The two were arrested after they had dispute in front of their office after Agus Dewi asked the police to move a car (a black Honda Stream with registered number BK 74 ME). The car was parked in front of the main gate of the office of Agus Dewi. In case of Fauzi Fuadi, he was beaten at the office of regional Attorney General.
The case shows that the police as legal apparatus are still using its authorities to fear the people. In addition to this, one of the police officers said during the torture that he is a nephew of the Head of Banda Aceh Police Department. Moreover, when they were beaten, the victims heard that the police planned to frame them up by putting drugs on their pocket.
The fact that the tragedy takes place at the police office is also disappointing. That office should play its role as mentioned in the law, that is to say, providing security including law supremacy, protection, caring and service to the people by following human rights principle.
In more details, protection the citizens from torture is mentioned in the Constitution article 28G verse 2, Law No 5/1998 on the ratification of international convention on anti-torture, the Penal Code article 351, Law No. 39/1999 on Human Rights, Law 11/2006 article 227 verse 2 point b on the Aceh Government. Also in Law No. 2/2002 on the National Police, article 19 verse 1 clearly says “when the police officers are doing their dutues and authorities, they should follow legal norms and respect to religious norms, manner, and upholding human rights”. Therefore, police officers should be free and clean from torture or other human rights activities.
People are still remembering the case of Husaini that found dead inside the police office in Lhokseumawe. His dead is allegedly linked of torture on 10 January 2008. This should be a lesson for the police for reflection as they are currently implementing Community Policing model as their strategy.
We also feel very disturbed to the statement made by the Head of Banda Aceh Police as he said that tragedy was only due to misunderstanding. We believe that is an incorrect statement and it is not appropriate since the activity is a crime and should be processed by the law. This is important to avoid a view that the police practicing discrimination in upholding the law since the case involved police officers. We fully support the promise made by the Head of Banda Aceh Police to put sanction to the officers involved in the tragedy.
Banda Aceh, 22 January 2008
KontraS Aceh – Human Rights NGO Coallition – Legal Aid Foundation Banda Aceh
Asiah Uzia (Koordinator KontraS Aceh)
Faisal Hadi (Director, Human Rights NGO Coallition of Aceh)
Hospinovizal Sabri (Head Division, Political and Cvili Rights, Legal Aid Foundation, Banda Aceh)
Police Commisioner (Pol) Ilsaruddin (Banda Aceh Police Department)