Helmut's Health Rights Are Not Fulfilled By Police, Legal Counsel: This Is A Humanitarian Tragedy And Criminalization

Illustration. (Photo: Unsplash)

JAKARTA - Helmut Hermawan's attorney, Rusdianto Matulatuwa, opened his voice regarding the health condition of his client who should still need the handling of a competent medical team.

" Helmut's condition can now only sleep and a half-sit, so what the police are doing is a real humanitarian tragedy and criminalization," Rusdianto told reporters, Monday, April 10.

Whereas previously, he said, the National Human Rights Commission (Komnas HAM) had written to the South Sulawesi Regional Police to grant health rights to Helmut, who was sick in detention.

"This means that Komnas HAM's recommendation letter pays attention to Helmut's sick state as it is today and has not been able to sit perfectly. His current condition can only sleep and half a seat, like sleeping being given a pillow handle. It has been criminalized now that his right to health is not fulfilled, wrong!" said Rusdi.

Rusdi also told that his client was sick at first and reported the South Sulawesi Police to Komnas HAM.

"At that time, Mr. Helmut had experienced a nerve illness which could cause people to experience paralysis if not treated quickly," he said.

His party also found it difficult by the police to undergo medical examination procedures or see a doctor for treatment.

"Humans whose treatment should be facilitated in an emergency, his access to health is made easier. Because it involves the safety of himself and his life, we do not know what side effects will occur in the future from this issue," said Rusdi.

However, the main point of Komnas HAM's recommendation is that the police give Helmut the right to health is deemed not fulfilled.

"This means that people must be given access to health and given a way if they want treatment. This is a real criminalization," he said.

In fact, he said, the police have the authority that has been regulated in the Regulation of the Chief of Police (Perkap), KUHAP and there have been recommendations from Komnas HAM.

"People who have authority but he does not exercise authority are also part of an act against authority. This means that it is a humanitarian tragedy," said Rusdi.

Because according to him, everyone who is prosecuted must be humanized, not to carry out the legal process by eliminating the sense of humanity itself.

"I don't think that is the noble goal of law enforcement. That to uphold justice, it creates an injustice. This is clear evidence that legal instruments are used to criminalize certain people, causing injustice," he said.

Furthermore, Rusdi also said that until now Helmut, who is sick, is still forced to undergo an examination related to his case even though the laws and regulations have mandated that people who are examined for a case must be in good health in order to provide proper information and not cause doubt.

Meanwhile, Police Observer Bambang Rukminto said that the forced detention without seeing the condition of the suspect would have the potential to violate human rights and abuse of power.

"It will potentially violate human rights, which creates abuse of power that comes out of the spirit of law enforcement, which can provide a deterrent effect," he told reporters.

He also urged Helmut to report this to the Propam Division and Kompolnas.

"If there are indications of violations or abuse of the investigator's authority, the defendant or suspect can report to the Divpropam, Irwasum and Kompolnas," he said.

Meanwhile, Commissioner of Kompolnas Poengky Indarti said that if there are detainees who need further examination, the provisions must be fulfilled as stated in Articles 24 and 25 of Perkap Number 4 of 2015 concerning Prisoner Care.

"For police detainees who are sick, the provisions are Articles 24 and 25 of Perkap Number 4 of 2015. Basically, if someone is sick, they will be examined by a police doctor first," said Poengky.