February 11,2012
Prof. Harkristuti Harkrisnowo
Human Rights General Director
Ministry of Law and Human Rights
Jl. HR Rasuna Said Kav. C-1 Kuningan
Jakarta Selatan 12920
INDONESIA
Tel: +62 21 252 1344
Fax: +62 21 45555 5676
E-mail: info@ham.go.id
Re: INDONESIA: Police killed two student protesters and injured 82 others in anti-gold mining protest
Dear Prof. Harkristuti Harkrisnowo,
Name of victims: At least two protesters died (Arif Rahman, 18-years-old; Syaiful a.k.a Fu, 17-years-old); 77 persons injured due to the shootings, five persons injured due to police violence.
Name of alleged perpetrators: Police officers in Bima District Police, led by AKBP Kumpul KS
Date of incident: 24 December 2011
Place of incident: Sape Seaport, Bima, West Nusa Tenggara, Indonesia
I am writing to express my deep concern regarding the shooting of farmers in Sape Seaport, Bima, which took place on 24 December 2011. I was informed that the farmers were conducting a peaceful demonstration in Sape Seaport when approximately 500 armed police officers led by the Head of Bima District Police, AKBP Kumpul K.S., came and started shooting at the protesters. I am aware that the shooting resulted in the deaths of at least two student protesters and the injury of 77 others. I was also told that the excessive use of force by the police towards the protesters had caused the injury of five people and that at least 37 people were arrested due to their involvement in the demonstration.
The demonstration held on 24 December 2011 in the seaport was part of the long campaign conducted by the farmers against the gold exploration permit given by the Regent of Bima, Mr. Ferry Zulkarnaen, to PT. Sumber Mineral Nusantara (SMN). This permit had allowed SMN to conduct an exploration on 24,980 hectares of land located in the sub-district of Sape, Lambu and Langgudu. Despite their disagreement with the local government regarding the exploration plan, the farmers conducted the demonstrations peacefully. In fact, on the day before the shooting took place, the representatives of the local farmers had agreed to leave the seaport on the condition that their safety will be guaranteed. Mr. Hassanudin, who led the demonstration, had also informed this to police before the police officers started firing at them. Therefore, there were no legitimate reasons for the police to deploy excessive use of force towards the protesters at that time. The necessity of locating snipers on the rooftop of the residents' houses is to be questioned as well.
The decision to excessively use force and firearms again the protesters in this case are in contradiction to the Head of Indonesian National Police Regulation No.16 Year 2006 regarding Guidance on Mass Control, which obliges the police officers to respect human rights and protect lives when they are dealing with protesters. I am aware that according to this regulation as well as the Head of Indonesian National Police Regulation No. 1 Year 2009 on the Use of Force, live ammunition should not be used against peaceful protesters and can only be used to stop aggressive activities which require urgent response, that is, activities which may cause severe injury or death, threaten the decency of police officers or threaten public safety. I was informed that the activities of the protesters at that time did not amount to such 'aggressive activities requiring urgent response'.
I am writing this letter also to express my disappointment with the slow and inadequate response of the Indonesian government, especially the Indonesian National Police, on this particular issue.
Despite the findings of the National Human Rights Commission (Komnas HAM) which reveals that the shooting amounted to the violations of right to life, a criminal investigation in this case has yet to be conducted. Instead, on 17 January 2012 two members of the Mobile Brigade (Brimob), First Brig. Wahidin and First Brig. Furqon, were only sentenced to two days imprisonment and a two-month delay of their educational programmes for ‘insubordination and violating procedures’ during the shooting at Sape Seaport.
I would like to take this opportunity to emphasise that this case should not be merely seen as a violation of police internal rules and procedures but, even more seriously, a criminal act as well as a human rights violation. As pointed out by the UN Human Rights Committee in its General Comment on the Right to Life, '[t]he deprivation of life by the authorities of the State is a matter of the utmost gravity.' The Basic Principles on the Use of Force and Firearms by Law Enforcement Officials further emphasises that the government is obliged to ensure that any arbitrary or abusive use of force should be punished as a criminal offence. Therefore, it is essential for the relevant authorities in Indonesia to investigate this case effectively, promptly and adequately as well as punish those who are responsible according to the law, otherwise the Indonesian government will be in a further breach of the International Covenant on Civil and Political Rights (ICCPR) which it ratified in 2006. I am of the opinion that the police internal accountability mechanism repeatedly gives lenient punishment to officers and lacks impartiality. Furthermore, the prosecutor often avoids criminal proceedings when the police internal mechanism addresses the case. It must be noted that not only does the police internal disciplinary mechanism not provide sufficient accountability, but more essentially, it is not a replacement of criminal procedure.
While I welcome the recent decision of the Bima Regent revoking the permit granted to SMN, it is regrettable that the relevant principles were not initially respected in this case, thus leading to the clash between the police and local residents. As set out by the UN Special Rapporteur on the right to food in the Minimum Human Rights Principles Applicable to Large-scale Land Acquisition or Leases, the Indonesian government has the obligation to ensure that '[t]he negotiations leading to investment agreement should be conducted in a fully transparent manner, and with the participation of the local communities whose access to land and other productive resources may be affected as a result of the investment agreement'. Furthermore, it has to ensure that 'any shifts in land use can only take place with the free, prior, and informed consent of the local communities concerned'. The Indonesian government should have paid more attention to this matter as the Special Rapporteur himself has highlighted this issue in his previous communications report with the government regarding a similar case in East Nusa Tenggara.
In this regard, I urge you to ensure that an effective and prompt criminal investigation on the shooting in Sape Seaport is conducted, those who are responsible are properly punished, and that adequate reparation is given to the victims. I further urge you to take steps to ensure that no exploration concessions or permits are granted to companies but in accordance to legal and human rights principles, and after an independent environmental, social and cultural assessment has first been conducted.
Yours sincerely,
William Nicholas Gomes
William's Desk
Download: INDONESIA- Police killed two student protesters and injured 82 others in anti-gold mining protest
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