Arrest of Andi Arief

Please note: The Lampung LBH office confirmed on Sunday 29 March that the Attorney general had isued an arrest warrant for Andi Arief. We do not yet have details of charges or when the warrant was issued.

LBH PRESS STATEMENT ON ANDI ARIEF'S ARREST


Saturday, March 28, 2pm.

Press statement by the Indonesian Legal Aid Institute and the Lampung Legal Aid Institute regarding the arrest of Andi Arief by security officers today

The Indonesian Legal Aid Institute (YLBHI) and the Lampung Legal Aid Institute have received a complaint from the family of Andi Arief represented by his father, Arief Makhya and his older brother, Edy Irawan.

In the complaint they stated that at around 11am, a group of people arrived in two Toyota Kijang vehicles at the house owned by Andi Arief's family, which also functions as a shop renting musical instruments. Two of them went to the second floor of the house and met the shop's security guard. The guard asked them what they wanted and if they wanted to rent musical instruments. At the time, Andi Arief was sitting near the telephone on the second floor. The two then approached Andi Arief, arrested him, took him outside and put him in one of the Kijang vehicles. The vehicles then drove away. According to the shop's security guard, one of those that arrested Andi Arief was heavily built, around 170cm tall with short cropped hair and carried a pistol.

When they arrested Andi Arief, the two men did not identify themselves or present an arrest warrant. Andi Arief's family have asked YLBHI and LBH Lampung to provide legal assistance for Andi Arief. With regard to the above, YLBHI and LBH Lampung state the following:
1. That the actions by the security officers in arresting Andi Arief are in violation of Article 17 of the Indonesian Criminal Code which states: "An order to arrest a person who is strongly suspected of committing a criminal act must be based upon sufficient prior evidence". And Article 19, section (1) which says: "Arrests are to be carried out by police officers of the Republic of Indonesia [who must] present an arrest warrant to the suspect which includes the identity of the suspect, states the grounds for the arrest, a brief explanation of the suspects crime and the place where they will be questioned". Because of this the arrest of Andi Arief by security officers is to be deplored.

2. That with regard to the arrest of Andi Arief, the principal of the assumption of innocence must be respected. A person can only be said to be guilty or innocent after there has been a decision from the courts where the case is being tried.

3. That the arrest of Andi Arief was not legal because prior to and after arrest, his family have not been informed by the security personnel of Andi Arief's status, whether his name was on a wanted list or if he is a fugitive from justice. For this reason there are no grounds for the arrest. Moreover, the arrest was made without mention what criminal actions were made by Andi Arief.

Lampung, March 28, 1998

The Indonesian Legal Aid Institute
The Lampung Legal Aid Institute

Signed

Director - Abi Hasan Mu'an
Operation division - Iberahim Bastari

[Slightly abridged translation by James Balowski, Action in Solidarity with Indonesia and East Timor (ASIET).]

From: Max Lane
e-mail: asiet@peg.apc.org
Sun, 29 Mar 1998 13:37:59 +1000


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