The Coalition on Advocacy for Violence Actions against Identity and Sexual Minority Groups, currently assisting a number of victims from the gay community raided and arrested in an inhumane manner at Atlantis Gym & Sauna would like to make the following statements:
First, we strongly criticize the actions taken by North Jakarta Resort Police Unit (Polres Jakut) in raiding and arresting a group of gay individuals in an inhumane and degrading manner. The arrest is deemed inhumane as upon the raid, many victims were brought to Polres Jakut and subject to an examination in a state of undress or barely dressed. Furthermore, the arrest and examination process on the victims was accompanied with images of the victims in this state being taken and distributed. This type of treatment by the police is highly against the rights of any individual whose liberty is being revoked to be treated in a humane and dignified manner, as regulated in Article 10 paragraph (1) of the International Covenant on Civil and Political Rights, ratified by the Indonesian government since 2005. In addition, according to the Head of National Police Regulation (Perkap) No. 8/2009 on the Implementation of the Principles and Standards of Human Rights in Enforcing the Duties of National Police, particularly Article 30, Article 32 and Article 33, the police unit must remain respectful of an individual’s rights, not conduct any breach of privacy and not be excessive in examining an individual and investigating a crime scene. This means that when officers from Polres Jakut were about to bring the victims to the police office, the victims should have been given time to get dressed properly.
Second, following the raid, we have mobilized our team to the location and found a number of violations on fair trial made by Polres Jakut, including: prevention of access to legal aid; lack of cooperation with legal aid teams; lack of access for family members of the victims to pay a visit; lack of access to translator and consular for victims of foreign nationalities and acts of violence, both psychological and verbal, against the victims. This arbitrary treatment by the police is a major violation of access to justice for any individual facing the criminal justice system, the protection for which is ensured in the Criminal Code (KUHP), particularly Chapter V, Chapter VI and Chapter VII, as well as a violation of the International Covenant on Civil and Political Rights, particularly Article 9, Article 10 and Article 14.
Third, some of the victims of the arbitrary arrest at Atlantis Gym & Sauna have been accused of violating Article 36 jo Article 10 as well as Article 30 jo Article 4 Paragraph 2 of Law No. 44/2008 on Pornography. In the general scheme, we regard the existence of the Pornography Bill as dangerous to the privacy rights of the people, as this bill allows the state to intervene with an individual’s private space at any given time and place. It is in this context of privacy that the Atlantis incident, which took place in a private space, should have rendered itself an untouchable domain for the bill. We also regard that the bill contains provisions that may lead to multi-interpretations, especially with its main elements regulating legal proceedings without any strict or clear definition, rendering its implementation prone to misappropriation and dependent on the subjectivity of law enforcers. Any enforcement of law that depends on the subjectivity of its enforcers is highly dangerous since it does not guarantee legal certainty and has the potential to be implemented in a discriminative and arbitrary manner, especially against minority and vulnerable groups, be it in the aspect of economy, gender or sexual orientation.
Fourth, we observe the potencies of long-term trauma and stress as an impact of arbitrary treatment by the police unit in raiding and arresting the victims. Moreover, the violation on the private data of the victims being distributed to the media and the public will make it more difficult for the victims to overcome their trauma. With their personal data being distributed to an adamantly homophobic society, the victims will find it difficult to return to their daily lives or access their education or work as usual. On that note, the Coalition would like to invite all parties to stop distributing the images or personal data of the victims as well as to continue supporting the victims in their recovery from trauma.
Thus the joint statement by the Coalition on Advocacy for Violence Actions against Identity and Sexual Minority Groups is conveyed.
Jakarta, May 23, 2017.
Pratiwi Febry, LBH Jakarta, +62 813 8740 0670
Ricky Gunawan, LBH Masyarakat, +62 812 10 677 657
Asep Komarudin, LBH Pers, +62 813 10 72 87 70
Supriadi Widodo, Institute for Criminal Justice Reform (ICJR), +62 815 8631 5499
Muhammad Isnur, Yayasan LBH Indonesia, +62 815 100 14395
Yuli Rustinawati, Arus Pelangi, +62 817 600 4446
Lini Zurlia, Arus Pelangi, +62 8111 72 701