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Torture will always be portrayed by the state as a minor accident within an otherwise well-functioning system, if it is admitted at all. Yet in Indonesia, policemen can abuse their position with ease, torturing citizens and going unpunished, as explained and illustrated below.
First of all, you don't need to wear a uniform while harassing people.
Being a policeman is not necessarily a profession in Indonesia: it is, first of all, a position of social status. It does not matter whether you are on duty or not, whether you wear a uniform or not and what people expect from you. It is your persona that has to be respected. Dressed as a civilian, Maryono, a Jakarta policeman formally associated with the Intelligence and Protection Unit of the Metro Jaya police station in Tangerang in West Java, met Sumandi, an acquaintance known to him in the city. The events that followed illustrate how readily torture can occur.
The second step for a policeman: Make intimidating accusations that will make any future actions look justified.
Maryono accused Sumandi of trying to kill him in the past. Such an accusation without evidence would be illegal in many countries, but an Indonesian policeman does not need to worry about making allegations outside the boundaries of the criminal justice system. It is his persona that gives him a license to do so, not his profession.
Then you slowly start bullying.
A bit of slapping by Maryono, the Java policeman, ensured that Sumandi would start to defend himself. Defense can then be used as a rationale for further aggression, for no one can attack a police officer. Afterward, the floor is open to justify the escalation of violence by the police. This is not the moment to ensure security and order by deescalating the situation -- No! For a policeman, this is the moment to get his subordinates to join the beating. After two of Maryono's subordinates arrived, the beating went on until Sumandi was brought to the police station. The other two law enforcement officers were also not wearing uniforms. On the way to the police station, there was time for all three to maliciously and repeatedly step on Sumandi.
Next step: have your victim secured in the police station where the most brutal part of torture is hidden from the public.
After enough beating in public, deterrence is ensured. Other passersby will not dare complain, intervene or protest now or in any future acts of intimidation or violent interventions by the police. Seeing such action fosters public fear of the police. Once the team of police officers has brought the victim to the police station, it is easy to involve the policemen stationed there in the physical and verbal assault. The victim Sumandi was not able to resist the additional police officers, who joined the beating until his body was swollen, until bleeding open wounds covered the victim's face, until concussions ensured that not enough memory would be left to identify all of the perpetrators later -- clever and "professional" tactics.
Next, rush the victim to the hospital to avoid any trouble with corpses in the police station.
Finally, Sumandi was brought to a doctor who was able to apply first aid to the injuries. Depending on the hospital and the doctors, such a visit can result in the production of a medical record that can be used in court to prove the use of torture against the victim. Conversely, the medical record of a torture victim may not indicate a violent assault by law enforcement officers, and thus, no evidence of torture is produced -- which is the duty of a doctor -- during such a visit.
Do not allow anyone to visit the victim just after he has been tortured.
His family initially was not allowed to visit Sumandi. After two days, the worst injuries no longer appeared so shocking. At this point, Sumandi's family was allowed to visit him. It also took days until Sumandi was actually charged with a crime, namely, the attempted murder of a policeman. Sumandi's family members had to go to the Metro Jaya police station in Jakarta to file a case against Maryono.
The events above took place on July 4. An outcome is still awaited.
In a country where police officers, investigators and prosecutors do their job and fulfill their duties to the satisfaction of the people, this incident could be considered a disturbing, but isolated, case that would be dealt with by the systems in place. However, Indonesia is not known for compensating victims or enforcing its laws against the police and military. Given this context, Sumandi and his family do not have high expectations that justice will be done.
Why are such events repeated continuously? Is torture just a part of the culture? If culture is seen as an unchangeable aspect of society, then torture surely is not culture. Many societies have overcome violence by the police and armed forces, but whether Indonesia will also reach that stage is not an issue of culture but an issue of establishing and properly using a justice system -- a justice system that will not let a single police officer or soldier of any rank rest with the belief that they are above the law, that they are the law, that they enjoy impunity.
As long as a state officer knows that no criminal investigation or prosecution will follow, he can do what he wants or what he has been bribed to do. Whether moral or religious imperatives are present in his mind to restrain his behavior cannot be ensured. Protection for the people relies on the enforcement of laws and a criminal justice system free from corruption.
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(Philip Setunga is a staff member of the Asian Human Rights Commission in Hong Kong responsible for the organization's research on Indonesia. He has a doctorate in sociology.)
