• INDONESIA: Resident of Taliabu Island tortured to death in military post

    21 Jan, 2018

    THRD Alliance - Urgent Appeals Programme

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    8 January 2018

    INDONESIA: Resident of Taliabu Island tortured to death in military post

    ISSUES: Torture; Rule of Law; impunity; Military abuse; Police abuse

    Dear Friends,

    The Asian Human Rights Commission (AHRC) has received information from the Commission for the Disappeared and Victims of Violence (KontraS), a national human rights organization, and Maromoi Legal Aid, regarding an alleged torture to death against Mr. La Gode, a resident of Taliabu Island, North Moluccas province, Indonesia. After arrested by police officer and detained in the Military Post of Task Force (Satgas) 732/Buana, Gode passed away with serious injured in the body, in particular in the back and lateral. Up until present the investigation process is still being conducted by the Military Police.

     

    CASE NARRATIVE:


    On 10 October 2017, Mr. La Gode was arrested by police officers, accused of stealing cassava. Subsequently, Gode was transferred to the military post of Satgas 732/Banua for further examination. However, on October 15 Gode escaped from the military post. On October 23, Gode and one witness were arrested by police officers and two military personnel, and brought them to the Military Post again. Suddenly, there was information that on October 24, at 4 p.m. Gode passed away in the military post Satgas 732/Banua. 

    There is a strong indication that the police officers have violated the Indonesian Criminal Procedure Code. The police did not inform Gode’s family when he was arrested, on the contrary the police brought him to the Military Post Satgas 732/ Banua, whereas under the Criminal Procedure Code, the military does not have any authority to examine a public criminal case. According to a key witness (initial LM), since he and Gode were arrested and detained in the Military Post between 23 and 24 October 2017, Gode was tortured by military personnel of Satgas 732/Banua.

    On November 20, Gode’s family along with Maromoi Legal Aid and KontraS filed a report on the allegation of torture to death to the Ternate Military police (Denpom). In addition, Gode’s family also filed a report to the North Molluccas Regional Police Office (Polda Maluku Utara) with police registration number STPL/29/XI/2017/Yanduan dated 22 November 2017.

    After the report was filed, the Ternate Military Police conducted an investigation, and between 2 and 3 December 2017, the military investigators have examined eight witnesses, all of whom are local residents. 

    Moreover, the police investigators of North Mollucas Regional Police Office have also examined witnesses. On December 14, the police conducted an autopsy upon La Gode’s dead body, but there is no clear result. In addition, military investigators of Ternate Military police XVI have examined 14 military personnel, one police officer and 12 local residents. So far, the Military Police has named 10 military personnel, member of task force (Satgas 732/Banua) as suspects; they have been detained for further examination. Their names have not been disclosed however.

    According to Maromoi Legal Aid and KontraS: 

    First, the Military Police did not take into account the request of witnesses and family of victim to have legal counsel. The Military police insisted to proceed with the examination without the presence of lawyers. While it is not legally mandatory for witnesses to be accompanied by lawyers, however, considering the security of witnesses and family of victim and also to avoid threats and intimidation, the presence of lawyers is very important to ensure that the examination process is conducted under fair trial principles. This is even more important when considering that witnesses and Gode’s family live in remote areas and far away from legal access, information and public transportation. 

    In addition, according to Maromoi Legal Aid and KontraS, there was an illegal effort to stop La Gode’s family from advocating the case of torture. The military has offered money to Gode’s family amounting to IDR 1,400,000 each month for nine months. Besides money, the military also gave rice and collected signature from local residents. 

    Furthermore, the investigation into Gode’s torture is conducted merely because of an order from the commander and to achieve the target of quick investigation process, rather than for any genuine reason. This can be seen in the statement by the military spokesperson, saying that no strong indication of involvement of military personnel has yet been found.

    SUGGESTED ACTION:

    Please write to the authorities listed below, asking them to ensure that the military officer and police officer who allegedly tortured La Gode are held accountable. The military and the police should investigate the case under fair trial principles, and they must cooperate with the National Commission on Human Rights (Komnas HAM) as well as the National Police Commission. If the military personnel and police officers are found guilty, the case should be brought to the criminal court with fair and high standards of law. In addition, adequate remedy should be given to the victim’s family.


    To Support this case : Please Send an Appeal Letter



    Please send my letter to :

    • 1.

       Mr. Joko Widodo
      President of the Republ
      Email: mekapilbasnet@gmail.com

    • 2.

      Mr. Yasonna Laoly
      Minister of Law and Human Rights
      Jl. HR Rasuna&
      Email: basnetkapil1@gmail.com

    Thank You.

    THRD Alliance - Urgent Appeals Programme

    Send an Appeal Letter
  • NEPAL: Dalit woman beaten after rejecting illicit sexual relationship

    21 Jan, 2018

    THRD Alliance - Urgent Appeals Programme

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    9 January 2018 
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    NEPAL: Dalit woman beaten after rejecting illicit sexual relationship

    ISSUES: Caste based discrimination, violence against women, women’s rights
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    Dear Friends,

    The Asian Human Rights Commission (AHRC) has received information from the Terai Human Rights Defenders Alliance (THRDA) that a Dalit woman was beaten after she rejected a demand to have an illicit sexual relationship with a non-Dalit man in Siraha District of Nepal. The woman has been receiving treatment at the local hospital for her injuries, and is seeking justice.

    CASE DETAILS
    The Asian Human Rights Commission (AHRC) has received information that a 30-year-old Dalit woman, resident of Kataha Tole ward number 19, Lahan Municipality, of Siraha district, was beaten mercilessly after she rejected the offer of an illicit sexual relationship by a local non-Dalit man named Bidhyananda Yadav. 

    Bidhyananda Yadav visited the Dalit woman on January 3. He wanted to have an illicit sexual relationship with her, as her husband is working abroad. The woman rejected it flatly, and told him to stop bothering her. When Bidhyananda kept on insisting, the woman told him that she would inform his family members. Upon being rejected, Bidhyananda became angry and left.

    Later that day, the Dalit woman informed Bidhyananda’s family about the illicit sexual relationship he was seeking, but they were not interested to listen to her.

    On the following day, January 4, Bidhyananda came with his father Ramasis Yadav at around 10 a.m. to her home. They pulled her hair and dragged her. Ramasis hit her with a bamboo stick. The woman has sustained injuries all over her body, and blue marks are visible. She has been admitted at Lahan hospital for treatment. Her two children are taking refuge at her maternal home.

    Relatives and close friends of Bidhyananda and Ramasis accept the beating of the Dalit woman, but deny knowing the reason. The police have not made any arrests so far. 

    The AHRC requests a prompt and proper investigation into this case. The victim and her family members must be provided safety and security. The perpetrators must be punished as per the Caste-based Discrimination and Untouchability (Crime and Punishment) Act 2011. The guilty must be punished so that others are deterred from seeking unwanted sexual advances against women and minorities in the country.

    SUGGESTED ACTION

    Please write letters to the following authorities, calling on them to take necessary action against the people involved in this incident. The police need to immediately arrest the alleged perpetrators, and start a prompt and proper investigation into this case.

    The AHRC is writing a separate letter to the UN Special Rapporteur on Minority Issues, requesting her intervention in this case.


    To Support this case : Please Send an Appeal Letter



    Please send my letter to :

    • 1.

      Mr. Sher Bahadur Deuba 
      Prime Minister&l
      Email: mekapilbasnet@gmail.com

    • 2.

       Mr. Anupraj Sharma
      Chairperson
      Email: basnetkapil1@gmail.com

    Thank You.

    THRD Alliance - Urgent Appeals Programme

    Send an Appeal Letter
  • INDIA: Ensure whistleblower Thounaojam Herojit Singh is provided protection, his statement recorded, and his diaries produced as evidence by the CBI

    21 Jan, 2018

    THRD Alliance - Urgent Appeals Programme

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