Obtained from Amnesty International:
AMNESTY INTERNATIONAL
PUBLIC STATEMENT
Index: ASA 21/001/2012
10 January 2012
Government must ensure accountability for police violence in Bima
The Indonesian government must ensure accountability for the deaths of at
least three people and injuries to dozens of others at a peaceful protest
in Bima, West Nusa Tenggara province in late December.
If ongoing investigations find that the security forces committed unlawful
killings or torture or other ill-treatment, then those responsible,
including persons with command responsibility, must be prosecuted in
proceedings which meet international standards of fairness, and victims
provided with reparations.
On the morning of 24 December 2011, some 100 protesters blocked the road
to Sape port near Bima, demanding the revocation of an exploration permit
issued to a gold mining company. They cited environmental concerns and
fears it would threaten their livelihoods. An estimated 600 police
including the Police Mobile Brigade (Brimob) unit, Criminal investigation
unit and intelligence officers were mobilised to the port to disperse the
protesters. According to credible reports, the police opened fire and
used excessive force against the protesters, killing at least three people
and injuring around 80 others, including women and children. The police
subsequently arrested at least 56 Bima residents for their involvement in
the demonstration and for allegedly possessing weapons. According to local
sources, at least 37 are still detained.
An initial investigation by the National Human Rights Commission (Komnas
HAM) found indications that the police had committed human rights
violations. According to the commission, the Bima district police chief
had given orders to use force and the police punched, kicked and dragged
the protesters who had put up no resistance. The commission also found
evidence that the police had tampered with the crime scene by collecting
empty bullet shells scattered in the area of the shooting.
Amnesty International recognizes the challenges involved in policing
demonstrations. However, in this case the security forces appear to have
violated the rights to life and to freedom from torture and other cruel,
inhuman or degrading treatment or punishment, both non-derogable rights
under the International Covenant for Civil and Political Rights (ICCPR) to
which Indonesia is a state party.
The police also appear to have contravened the Indonesian police
regulation on the Use of Force in Police Action (No 1/2009). The
Regulation provides for, among other things, that force should be used
only as a last resort, in proportion to the threat posed, and designed to
minimize damage or injury.
Internal police disciplinary proceedings held in Mataram, the capital of
West Nusa Tenggara province, found five police officers in breach of
police procedures for beating and kicking the protesters while attempting
to disperse them. They were reportedly given punishments of three days’
detention, written reprimands and postponement of further training.
While Amnesty International welcomes any internal disciplinary process
into police misconduct, it must never replace bringing those suspected of
offences involving human rights violations before civilian courts.
The police leadership should also immediately conduct a thorough review of
police tactics and use of weapons during public order policing, with a
view to ensuring that they comply with international standards, in
particular the UN Code of Conduct for Law Enforcement Officials and the UN
Basic Principles on the Use of Force and Firearms by Law Enforcement
Officials.
Amnesty International also urges the Indonesian authorities to set up an
independent police complaints mechanism to deal with human rights
violations by police officers or empower existing bodies such as the
National Police Commission or the National Human Rights Commission so that
they can carry out independent investigations and submit their findings to
a public prosecutor or to the police internal disciplinary body.
ENDS/
Public Document
International Secretariat, Amnesty International, 1 Easton St., London
WC1X 0DW, UK www.amnesty.org
Link: http://www.amnesty.org/en/library/info/ASA21/001/2012/en
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