TEMPO.CO, Jakarta - National Police and the Armed Forces must be forthcoming in revealing what really led to the death of La Gode at a military post in North Maluku. This 34-year-old, who was being held there, accused of stealing, is believed to have been horribly mistreated, causing his death. His abusers clearly took the law into their own hands, thereby violating his rights.
La Gode was found dead at a Special Infantry Raider Battalion 732 Task Force Post in Banau North Maluku in October. The circumstances surrounding the death of this resident of Lede village in Lede subdistrict of Pulau Taliabu Regency are very distressing. The autopsy report on his body showed he had been whipped badly and had cuts all over his body. He lost eight of his teeth as well as all his toenails.
The tragic story began with La Gode's arrest by police in early October. On the grounds that police had no holding cells, they then handed over the victim, whom they accused of stealing grated cassava roots worth Rp20,000 to the 732 Task Force Post. La Gode did manage to flee in mid-October, but was later recaptured on October 23. A day later he was dead.
North Maluku Regional Police Command must investigate this tragedy. A police officer must never hand over a suspect to a military post. If there was no cell available to hold him in their area, police ought to have taken him to the closest police precinct with holding cells. Handing him over to a military post was clearly a violation of legal procedure. Military personnel has no authority to handle a civilian criminal case.
It must also be ascertained whether the police had officially arrested La Gode. Under the Criminal Code, detention must be accompanied by a formal arrest warrant naming the suspect, the reason for the arrest, details of his crimes, as well as where he will be held. A suspect may refuse any detention not based on an official warrant. Even if formally arrested, a suspect has the right to remain silent, and the freedom from any intimidation and mistreatment.
Police and the local Detachment of Military Police must get to the bottom of La Gode’s mistreatment, believed to be committed by soldiers. The victim’s wife can be a key witness. She heard the story of his abuse directly from La Gode when he returned home after fleeing his detention. After his death, his family was also intimidated by someone claiming to be a member of the armed forces. The family was offered Rp1.4 million a month for nine months as compensation on the condition that they do not complain to police. But the victim’s wife rejected the offer and opted to report the matter to North Maluku Regional Police Headquarters.
The tragedy of La Gode adds to the list of vigilante justice meted out to civilians. Several months ago, a community in Bekasi, West Java, burnt alive someone they suspected of stealing an amplifier at a mushala (prayer hall). In another case, villagers in Cikupa, Tangerang, Banten stripped a young couple naked and paraded them around after accusing them of indecent behavior last month. But what happened to La Gode was far more dangerous because it involved military personnel. These soldiers acted without any good reason, taking the law into their own hands, whereas their duty is to protect members of the community.
The government must ensure the Police and the Armed Forces really do get to the bottom of La Gode’s death. There must be no manipulation or intimidation of witnesses in revealing the details of this tragedy. All the perpetrators, be they police or military personnel, involved in such cruel abuse must be taken to court and punished in accordance with their crimes. The direct superiors of the personnel who acted in such a savage fashion ought to also be held accountable.
Read the full article in this week's edition of Tempo English Magazine
