Human Rights Council

Complaint Procedure Form

RAUZATUL JANNAH
1703101010077

- You are kindly requested to submit your complaint in writing in one of the
six official UN languages (Arabic, Chinese, English, French, Russian and
Spanish) and to use these languages in any future correspondence;
- Anonymous complaints are not admissible;
- It is recommended that your complaint does not exceed eight pages,
excluding enclosures.
- You are kindly requested not to use abusive or insulting language.

I. Information concerning the author (s) of the communication or the alleged victim (s)
if other than the author

Individual Group of individuals NGO Other

Last name: : Independent Journalist Alliance on behalf of leaders and activists in the
Indonesian Journalist Union………

First name(s): ………….

Nationality: Indonesia ………
Address for correspondence on this complaint: Alamat: Jl. Kembang Raya No.6, Senen,
Jakarta Pusat 10420………..
Tel and fax: +62975100413 (Indonesia)
E-mail: Rauzatuljannah@ajiindonesia.or.id
Website: https://aji.or.id/

Submitting the complaint: Rauzatul Jannah, Head of Advocacy Division of the Independent
Journalist Alliance (AJI)

Tel and fax: (please indicate country and area code) ……….
E-mail: ……….
Website: ……….

Submitting the complaint:

On the author’s own behalf:

On behalf of other persons: Elected leaders and union activists in Indenpenden
Journalist Alliance

(Please specify: ………………..)

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 II. Information on the State concerned

Name of the State concerned and, as applicable, name of public authorities responsible for the
alleged violation(s): Indonesian Republic Police, Indonesia

…………..

III. Facts of the complaint and nature of the alleged violation(s)

The complaint procedure addresses consistent patterns of gross and reliably attested
violations of all human rights and all fundamental freedoms occurring in any part of
the world and under any circumstances.

Please detail, in chronological order, the facts and circumstances of the alleged violations
including dates, places and alleged perpetrators and how you consider that the facts and
circumstances described violate your rights or that of the concerned person(s).

- On 10 November 2019, Agung one of journalist from Fakta.id was being treated. He
was taken to the hospital because he was physically abused. He was hit which injured
his shoulder. The violence was carried out by a police officer when he was recording
the action of a police officer stepping on a student who was demonstrating to reject
the increase in the price of basic foodstuffs.

- On 16 Desember 2019 another case happened to journalist Time.id, Dadang Saputra

and Narasi TV journalist, Jia Fitria. Dadang and Jia were also victims when covering
the #ReformasiDikorupsi demonstration. Dadang was caught by the police and almost
put into a detention car, Jia was seized and his cell phone was destroyed.

- On 9 September 2020 Riana and other members of the journalist team who came
from the online news media TinTin.id were assigned to cover news of the
demonstration that was taking place around the DPR RI building. The demonstration
was carried out because of the issuance of a law on labor which seizes workers' rights
in Indonesia. During the day the peaceful demonstration became chaotic because one
of the demonstrators was arrested by the police. The tension ensued, Riana followed
her instincts as a journalist to approach and record all the events. She saw the police
officers beat the students. A student tried to help his friend from the grip of the police
but unfortunately the policeman hit the head of the student who approached with the
police baton he was holding. The student lay unconscious. The atmosphere of the
demonstration was getting more and more chaotic. Student victims fell. Riana
captured the details of the incident. The action was discovered by other police who
asked for the tape to be deleted. In front of the DPR RI Building, Riana had an
argument with the police. She said that as a journalist, she was protected by the Press
Law. The policeman ignored her and tried to seize her smartphone. Her bag and hand
were pulled. One policeman even hit her in the face. She is bleeding. Some journalists

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 from other media protected and took Riana away from the police and immediately
took her to the nearest hospital.

The forms of violence are censorship or reporting prohibition, destruction of tools or data
from coverage, expulsion / prohibition of coverage, punishment / criminalization, physical
violence, intimidation, and threats of violence or terror, which are committed by a number of
police officers to be AJI's main concern. AJI and LBH continue to try to submit reports of
violence against journalists and ask the perpetrators to be firmly brought to justice
- ……..
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IV. Exhaustion of domestic remedies

1- Steps taken by or on behalf of the alleged victim(s) to exhaust domestic remedies– please
provide details on the procedures which have been pursued, including recourse to the courts
and other public authorities as well as national human rights institutions 1, the claims made, at
which times, and what the outcome was:

The Jakarta Alliance of Indonesian Journalists (AJI) accompanies journalists who are victims
of violence allegedly committed by police officers while covering the demonstration at the
DPR / MPR officially reporting to Polda Metro Jaya. However, the report was rejected due to
lack of evidence.

…………………..

2- If domestic remedies have not been exhausted on grounds that their application would be
ineffective or unreasonably prolonged, please explain the reasons in detail:

Most of the perpetrators of violence were police personnel. AJI's data shows that out
of 93 cases during 2019-2020, 30 cases were the perpetrators of these law enforcement
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National human rights institutions, established and operating under the Principles Relating to the Status of National
Institutions (the Paris Principles), in particular in regard to quasi-judicial competence, may serve as effective means of
addressing individual human rights violations.
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officers. Meanwhile, other perpetrators are citizens, Indonesian Army (TNI), unknown,
government officials, and mass organizations. The high rate of violence is not linear with the
law enforcement process. Only 10 percent of the total cases recorded by the Legal Aid
Institute (LBH) in 2020 have been processed legally. This includes reported violence by the
police. The number of cases that have been completed until the verdict stage is even smaller.
One of the obstacles is that the Republic of Indonesia Police (POLRI) insists that violence
perpetrated by its members must be resolved through the Professional and Security Division
(Propam), aka code of ethics trial hearing. In fact, the Press Law clearly regulates that those
who commit violence against journalists or obstruct journalistic work must be prosecuted
criminally.

…………………………

V. Submission of communication to other human rights bodies

1- Have you already submitted the same matter to a special procedure, a treaty body or other
United Nations or similar regional complaint procedures in the field of human rights?

AJI make a complaint to Komnas HAM and the Ombudsman regarding cases of violence
experienced by journalists. AJI also urged KOMNAS HAM to assist in investigations into
cases of violence and actions to obstruct the reporting process by the police.

AJI and LBH also assist journalists who are victims of violence to complain to the Press
Council. The press council said it would bridge the victim and the police so that the legal case
was handled until it was finished. In handling cases of violence against journalists, the Press
Council can only act as a bridge. They cannot bring the perpetrators to court.

……………

2- If so, detail which procedure has been, or is being pursued, which claims have been made,
at which times, and the current status of the complaint before this body:

The Journalist Safety Committee visited the National Human Rights Commission
(Komnas HAM) in order to follow up on the resolution of cases of violence experienced by
journalists. The Journalist Safety Committee which consists of the Independent Journalist
Alliance (AJI), the Press Legal Aid Institute (LBH Pers) and the Syndicated Union., there
were 20 cases of violence against journalists. Of the 20 cases, only two cases were reported
regarding violence perpetrated by the police, namely physical violence, seizure of tools and
obstruction of coverage. In addition, Aji from INews was subjected to physical violence and
blocked coverage. Only 2 cases have entered the Investigation Report (BAP) stage and Aji's
case, the results of the Minutes of Investigation, has been processed at the Mobile Brigade
Command Headquarters. The other 18 cases still cannot be processed due to reasons and lack
of evidence.

According to the Komnas HAM Law, it has the capability to conduct investigations
into gross human rights violations and supervise them, this institution can only provide
recommendations to the government.The recommendation is only morally binding - there is
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no legal obligation for parties who accept Komnas HAM's recommendation to follow up.
This factor causes the number of complaints to the National Commission on Human Rights to
be handled optimally.

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VI. Request for confidentiality

In case the communication complies with the admissibility criteria set forth in Council
resolution 5/1, kindly note that it will be transmitted to the State concerned so as to
obtain the views of the latter on the allegations of violations.

Please state whether you would like your identity or any specific information contained
in the complaint to be kept confidential.

Request for confidentiality (Please tick as appropriate): Yes No

Please indicate which information you would like to be kept confidential

Date:: ………………… 8 November 2020 Signature: Rauzatul

Jannah, Head of Advocacy ……………………. Division of the Independent Journalist
Alliance (AJI)

N.B. The blanks under the various sections of this form indicate where your responses are
required. You should take as much space as you need to set out your responses. Your
complaint should not exceed eights pages.

VII. Checklist of supporting documents

Please provide copies (not original) of supporting documents (kindly note that these
documents will not be returned) in one of the six UN official languages.

- Decisions of domestic courts and authorities on the claim made (a copy of the relevant
national legislation is also helpful):

- Complaints sent to any other procedure mentioned in section V (and any decisions taken
under that procedure):

- Any other evidence or supporting documents deemed necessary:

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 VIII. Where to send your communications?

Office of the United Nations High Commissioner for Human Rights

Human Rights Council Branch-Complaint Procedure Unit
OHCHR- Palais Wilson
United Nations Office at Geneva
CH-1211 Geneva 10, Switzerland
Fax: (+41 22) 917 90 11
E-mail: CP@ohchr.org
Website: http://www.ohchr.org/EN/HRBodies/HRC/Pages/HRCIndex.aspx