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KontraS (The Commission for the Disappeared and Victims of Violence)
 

URGENT APPEAL: Forced Dissolution of Peace Action, Torture, and Arbitrary Arrests of Kendeng Mountain Village Citizens by the Rembang Police officers Degrading Human Dignity

INDONESIA: Forced Dissolution,  Torture, and Arbitrary Arrests of Peaceful Demonstration of Kendeng Mountain Village Citizens by the Rembang Police officers Degrading Human Dignity

 

Dear Friends,

The Commission for the Disappeared and Victims of Violence (KontraS) writes to inform you that the Forced Dissolution,  Torture, and Arbitrary Arrests of Peaceful Demonstration of Kendeng Mountain Village Citizens by the Rembang Police officers Degrading Human Dignity

CASE DETAILS:

The Commission for the Disappeared and Victims of Violence (KontraS) has received reports from the public related to the peaceful protest to refuse the construction of cement factory by PT. Semen Indonesia at Kendeng Mountains, Rembang Regency, Central Java. But the peaceful protest activities led to the action of forced dissolution, persecution which resulted injuries of two (2) people fainted namely: Suparmi (40) and Murtini (30), and the arbitrary arrest of seven (7) people namely: Susilo (29), Ngatiban (33), Nurwanto (21 ), Supion (25), Suwater (23), Sulijan (33), and Yani (25) by the Rembang police officers.

On June 16, 2014 the citizens who consist of women, held a peaceful demonstration, in front of to the construction site of the PT. Semen Indonesia. But when the demonstration took place, suddenly the Rembang police officers conducted a forced dissolution and persecution, which resulted injuries to faint and then conducted arbitrary arrest some people into a police vehicle. Forced dissolution in intimidating way like using sniffer dog is traumatized and degrading people’s dignity. The refusal of citizens toward the construction of cement factory by PT. Semen Indonesia is because it is based on the result of the environmental damages that will occur so that it has an impact on local economic and social conditions.

 Besides, the local government and the company did not socialize the Environmental Impact Assessment (EIA) documents to the citizens. Moreover, the construction area violates the provision of forest logging refers to the letter of approval in principle for the exchange of forest area by the Minister of Forestry, No. S.279/Menhut-II/2013 letter dated 22 April 2013. Facts on the ground also said that PT. Semen Indonesia has illegally cutting down the Kadiwono forest, Bulu district of approximately 21,13 acres for a tread mill.

Toward those incidents above, there are number of law and human rights violations:

First, Local Regulation No.14 of 2011 on the Spatial Regulation of Rembang regency, that the Bulu district is not intended as a major industrial area so that the presence of the factory, will disturb the residents and environmental sustainability;

Second, violations of civil and political rights such as arbitrary arrests (Article 18 paragraph 1 of the Criminal Procedure Code, Article 9 paragraph 1 and 2 of Law No. 12 of 2005 on the International Covenant on Civil and Political Rights and Article 34 of Law No. 39 Year 1999 on Human Rights), persecution (Article 351 of the Criminal Code, Article 33 of Law No. 39 Year 1999 on Human Rights, Article 7 of Law No. 12 of 2005 on the International Covenant on Civil and Political Rights) and Human Degrading acts (Article 12 of The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment);

Third, reasonably suspected there have been violations of economic, social, and cultural rights. Though they are entitled to the right to land, the right to a decent life, the right to the opportunity to gain his living by work as stipulated in Article 25 (1) of the Universal Declaration of Human Rights, article 36 of Law 39 of 1999 on Human Rights, Article 6 (1) and Article 11 (1) International Covenant on Economic, Social and Cultural Rights.

SUGGESTED ACTION:

Please send a letter to the authorities listed below expressing your concern about this case and requesting their intervention.

1. Mr. Susilo Bambang Yudhoyono
President Republic of Indonesia
Presidential Palace
Jl. Medan Merdeka Utara
Jakarta Pusat 10010 INDONESIA
Fax: + 62 21 231 41 38, 345 2685, 345 7782
Phone: + 62 21 3845627 ext 1003
E-mail: presiden@ri.go.id

2. Mr. Amir Syamsyudin
Ministry of Law and Human Rights
Jl. HR. Rasuna Said Kav.6-7 Kuningan
Jakarta Selatan, Indonesia
Phone: +62 21 5253004
Fax: +62 21 5253139

3. Mr. Hafid Abbas
National Commission on Human Rights
Jl. Latuharhary No.4B Menteng
Jakarta, Indonesia 10310
Phone: +62 21 3925230
Fax: +62 21 3925227

4. Mr. Zulkifli Hasan
Ministry of Forestry
Gd. Manggala Wanabakti, Jl. Jenderal Gatot Subroto, Senayan, Jakarta 10270
Phone: +62 21 5704501-04

Fax: +62 21 021-570 0226

5. Mr. Abdul Haris Semendawai
Agency of Witness and Victim Protection (Lembaga Perlindungan Saksi dan Korban)
Gedung Perintis Kemerdekaan (Gedung Pola) Lt. 1
Jl. Proklamasi No. 56
Jakarta Pusat 10320
Phone: +62 21 3190 7021
Email: lpsk_ri@lpsk.go.id

6. Mr. Ganjar Pranowo
Governor of Central Java Province
Government of Central Java Province
Jl. Pahlawan 9 Semarang
Central Java 50241
Phone: +62 24 8311150
Fax. +62 24 8316872

7. Mr. Sutarman
Indonesian National Police Headquarter
Jl. Trunojoyo, Selong Kebayoran Baru
Jakarta Selatan 12110
Phone: +62 21 7218555

8. Irjen Pol Drs. Noer Ali
Central Java Regional Police (Polda Jateng)
Jl. Pahlawan No. 1 Semarang
Phone: +62 24 8311382, 8449681, 8449683, 8413044

 

SAMPLE LETTER:

Dear [name of the authority]

INDONESIA: Forced Dissolution,  Torture, and Arbitrary Arrests of Peaceful Demonstration of Kendeng Mountain Village Citizens by the Rembang Police officers Degrading Human Dignity


Alleged perpetrators:
 Rembang Police Officers

Date of incident: 16 June, 2014

Place of incident: Construction site of the PT. Semen Indonesia at Kendeng Mountains, Rembang Regency, Central Java

I am writing to raise my serious concerns on the case related to the peaceful protest to refuse the construction of cement factory by PT. Semen Indonesia at Kendeng Mountains, Rembang Regency, Central Java. But the peaceful protest activities led to the action of forced dissolution, persecution which resulted injuries to two (2) people fainted namely: Suparmi (40) and Murtini (30), and the arbitrary arrest of seven (7) people namely: Susilo (29), Ngatiban (33), Nurwanto (21 ), Supion (25), Suwater (23), Sulijan (33), and Yani (25) by the Rembang police officers.

On June 16, 2014 the citizens who consist by the majority of women held a peaceful action moving to the construction site of the PT. Semen Indonesia. But when the action takes place suddenly the Rembang police officers take a forced dissolution action and persecution which resulted in injuries to faint and then arrest some people into a police car. Forced dissolution in intimidating way like using sniffer dog is traumatized and degrading people’s dignity. The refusal of citizens toward the construction of cement factory by PT. Semen Indonesia is because it is based on the result of the environmental dangers that will occur so that it has an impact on local economic and social conditions. In this case, the local government and the company did not socialize the Environmental Impact Assessment (EIA) documents to the citizens. Moreover, the construction area violates the provision of forest logging refers to the letter of approval in principle for the exchange of forest area by the Minister of Forestry, No. S.279/Menhut-II/2013 letter dated 22 April 2013. Facts on the ground also said that PT. Semen Indonesia has illegally cutting down the Kadiwono forest, Bulu district of approximately 21,13 acres for a tread mill.

Toward those incidents above, there are number of violations:

First, Local Regulation No.14 of 2011 on the Spatial Regulation of Rembang regency, that the Bulu district is not intended as a major industrial area so that the presence of the factory, will disturb the residents and environmental sustainability;

Second, violations of civil and political rights such as arbitrary arrests (Article 18 paragraph 1 of the Criminal Procedure Code, Article 9 paragraph 1 and 2 of Law No. 12 of 2005 on the International Covenant on Civil and Political Rights and Article 34 of Law No. 39 Year 1999 on Human Rights), persecution (Article 351 of the Criminal Code, Article 33 of Law No. 39 Year 1999 on Human Rights, Article 7 of Law No. 12 of 2005 on the International Covenant on Civil and Political Rights) and Human Degrading acts (Article 12 of The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment);

Third, reasonably suspected there have been violations of economic, social, and cultural rights. Though they are entitled to the right to land, the right to a decent life, the right to the opportunity to gain his living by work as stipulated in Article 25 (1) of the Universal Declaration of Human Rights, article 36 of Law 39 of 1999 on Human Rights, Article 6 (1) and Article 11 (1) International Covenant on Economic, Social and Cultural Rights.

Based on the above informations, we urge:

  1. National Police Headquarter should conduct a strict evaluation and supervision against any of its members in Rembang, Central Java related to the acts of persecution and arbitrary arrest against citizens. In addition, National Police Headquarter should strengthen the law enforcement of internal procedures for handling cases related to the delivery of public opinion;
  2. The chief of Central Java Police must conduct inquiries and investigations related to arbitrary arrest of the 7 (seven) residents and 2 (two) residents were injured and fainted;
  3. Central Java Governor to revoke the license of the construction of PT. Semen Indonesia at Kendeng Mountains, Rembang for having violated the provision of forest logging refers to the letter of approval in principle for the exchange of forest area by the Minister of Forestry, No. S.279/Menhut-II/2013 letter dated 22 April 2013 and breaking the Spatial Regulation No.14 of 2011 of Rembang regency.

Sincerely,

[Your Signature]
[Your Name/Organization]