Daily Archives: January 15, 2011

Amnesty Urges Torture Charges On Indonesia Soldiers

Amnesty Urges Torture Charges On Indonesia Soldiers

Jan 14 (AFP) — Indonesian soldiers on trial for the alleged brutal
abuse of two Papuans should be charged with torture rather than the
minor offence of disobeying orders, Amnesty International said

The three soldiers appeared Thursday before a military tribunal, after
the online broadcast of a video showing the torture of unarmed men
sparked an outcry.

But they were charged with disobedience to orders rather than more
serious crimes such as illegal detention and abuse.

In the video, posted on YouTube last year, soldiers place a burning
stick to the genitals of an unarmed man and threaten another with a
knife as part of an interrogation about the location of weapons.

“Amnesty International urges the Indonesian authorities to ensure that
the three soldiers… (are) tried in full criminal procedures for
torture or similar crimes,” Amnesty’s Asia-Pacific Deputy Director
Donna Guest said.

Military prosecutors have said they lacked evidence of torture because
the victims would not testify, despite the existence of a CD of the
video and detailed statements given by the victims to human rights

According to the National Human Rights Commission, the victims would
like to testify but were terrified of military reprisals, and had not
received adequate safety guarantees.

“Amnesty International believes that the civilian courts are much more
likely to ensure both prosecution for the crimes involving human
rights violations and protection for witnesses than the military
system,” Guest said in a statement received by AFP.

Indonesia had pledged to rein in military abuses in regions such as
Papua and the Maluku islands in return for renewed US military
exchanges. The soldiers face a maximum sentence of two and half years
in jail.

US Gov: State Dept spokesperson on TNI

From http://www.state.gov/r/pa/prs/dpb/2011/01/154607.htm

U.S. Department of State

Philip J. Crowley
Assistant Secretary

Daily Press Briefing
Washington, DC
January 13, 2011

Trial of Three Indonesian troops
Indonesia must hold Security Forces to High Human Rights Standards
U.S. Closely Monitoring Cases
Indonesian Commitment to additional Human rights training for Police
Indonesia’s performance Very Important in to U.S. Cooperation

QUESTION: A question on Indonesia. Three Indonesian troops have just gone on trial at a military tribunal. They are accused of the torture of two Papuan separatists. But apparently, they’re only facing charges of a disciplinary infraction. Do you have any comment on that and whether it casts any doubt over the sincerity of Indonesia to reform its security forces?

MR. CROWLEY: Well, it’s vitally important for Indonesia to reform its security forces and hold those forces to high standards in terms of individual conduct and human rights. We have called upon Indonesia to aggressively investigate evidence of wrongdoing in violation of human rights, and we will be closely monitoring these cases.

QUESTION: Does – can I have one follow-up on that? Is there additional concern because last year, the United States reinstated military ties with the commando unit in Kopassus?

MR. CROWLEY: Right. And at the time, we obtained a commitment from Indonesia that it would undertake additional training and police its security forces and make sure that they were held to a high standard, and where there was concerns about a violation of human rights, that they would be fully investigated and, where necessary, face legal action. We’re going to hold Indonesia to those commitments.

QUESTION: So if there were continued signs of abuse such as this —

MR. CROWLEY: Again, we are —

QUESTION: — and (inaudible), those ties could be —

MR. CROWLEY: Trust me, we are closely monitoring Indonesia’s performance, and that will be very important in terms of the cooperation. And remind that we’ve undertaken limited cooperation, but we’re – this is still an area that we are closely watching.


Reader reply: Australia and Kopassus


Security Scholar

Reader reply: Australia and Kopassus

by Natalie Sambhi

Associate editor at Australian Policy Online and Researcher with the Monash Global Terrorism Research Centre at Monash University, Andrew Zammit provides comment to my post on Australia’s options with Kopassus.

Comer’s critique of the Leahy amendment highlights many flaws in its implementation, but his suggested modifications don’t really provide a way forward for dealing with Kopassus. His suggestion that Leahy should include a mechanism to re-legitimise units which have cleaned themselves up and purged human rights-abusers is perfectly sensible. But the problem with Kopassus, made clear in the human rights reports mentioned in the Deutsche Welle article you cited, is not only past violations but continuing ones, albeit on a far lesser scale. So a Leahy amendment with Cromer’s modifications would probably continue to restrict aid to many Kopassus units.

A theme underlying Comer’s piece was that efforts to tackle human rights abuses are more likely to be successful when they are consistent. I’d suggest it follows from that that Australia’s position should be closer to that of the US Congress.

US Congressional efforts to hold the Indonesian military accountable have repeatedly been undermined by those who, I’d argue, should have been supporting them. In the mid 1990s the Clinton administration provided high levels of assistance to the Indonesian military that at very least violated the spirit of the Congressional restrictions. The Bush administration criticised the restrictions publicly and repeatedly, which may have signalled to the Indonesian military that the US was not completely serious about human rights reform. As your post pointed out, Obama also undermined Congressional efforts in 2010. In addition to this, throughout these past two decades Australia provided military assistance to Indonesia with fewer restrictions than the US (excluding the period immediately after the East Timor referendum, when both the US and Australia cut off military aid).

These inconsistencies would have greatly weakened the pressure that the Leahy amendment and other restrictions were intended to apply, and may well be more important than the specific flaws in the Leahy amendment described by Comer.

Current Kopassus commander, Major General Lodewijk Paulus, has stated that he hopes America’s position on assistance to the Indonesian military becomes closer to Australia’s; I hope it’s the other way round.


Australia’s options on Kopassus and human rights

by Natalie Sambhi

Last week, the Indonesian National Commission on Human Rights (Komnas HAM) released its preliminary report into the alleged torture of Papuans by the Indonesian military (TNI). Quoted in a Deutsche Welle report on 4 January, the head of the commission, Ifdhal Kasim, confirmed that members of TNI had “grossly violated human rights”. The DW piece finished with Phil Robe’s (deputy director of Human Rights Watch’s Asia Division) call for Australia to put pressure on Indonesia to reform TNI’s Army Special Forces, Kopassus, or risk losing credibility as a country that respects human rights. I was curious to know exactly what HRW meant by “pressure”.

In their open letter of 26 October 2010, HRW recommended two lines of action for the Australian Prime Minister: first urge the Indonesian government to undertake further investigations and disciplinary action into allegations of abuse by the military, to adopt legislation to provide civilian criminal court jurisdiction over military personnel responsible for offenses against civilians, and to investigate allegations against Detachment 88; and second tighten up and make public Australia’s vetting procedures for Indonesian security forces.

While there have been perennial calls (ostensibly by HRW but also within the Australian press, most recently here) for Australia to get involved, here I examine how much credence HRW’s recommendations deserve.

The first set of recommended actions­even if they are in keeping with Australia’s foreign policy leanings­is tantamount, from Indonesia’s perspective, to meddling in another country’s affairs; President SBY warned Prime Minister Gillard ahead of her November visit to Jakarta that Australia’s interference in torture cases was not welcome. Later, during her trip, Prime Minister Gillard accepted President SBY’s assurance that a “full and transparent investigation” would take place. In light of the resultant investigations carried out by Komnas HAM, it is highly unlikely that any other tangible and productive outcome would have transpired from more vocal chiding on behalf of Australia.

The second set of HRW recommendations­that is, for Australia to adjust its own rather than Indonesia’s approach to human rights concerns­is far more appropriate. As I have proposed elsewhere, the adoption of a legal standard against which Australia can measure human rights reform within foreign militaries is, albeit complex and ambitious, a pragmatic way of reconciling our foreign policy with our defence engagement. A useful departure point could be the Leahy Amendment to the Foreign Assistance legislation (see s502B and subsequent appropriationslegislation). In short, Leahy prohibits US security assistance to military units where there is credible evidence that they have committed “gross violations of human rights”.

That said, Leahy is no silver bullet, and it is worth examining some of the challenges involved in adopting a similar legalistic approach. Many of the finer points of these challenges are elaborated further in Charles K. Comer’s critique, but here, I will draw out a few.

First, the wording of any test for human rights standards and vetting must be carefully constructed. In the case of Leahy, funding is barred for units rather than individuals where credible evidence demonstrates a gross violation of human rights. In the case of the US and Indonesia, two TNI officers with exemplary records who were denied US funding despite having been born after the violations alleged to have been carried out by their unit occurred (Comer: 63-64). This situation is somewhat mitigated by Australian vetting procedures which seek to minimise contact with individuals who have backgrounds of concern, however there remains a lack of accountability to which standards these backgrounds are compared. The framework provided by Leahy could complement current vetting procedures.

Second, if adopted, Leahy must be applied consistently to all foreign military partners. As Comer notes, “[i]n the case of Indonesia, units, either cohort or composite, receiving training must undergo full vetting to include the history of the unit itself. By comparison, unit vetting in the Philippines consists of vetting only the unit commander or most senior individual in the case of a composite unit.”

Third, Wikileaks cables released in December 2010 revealed that a ban on training (enacted by Leahy) between the US military and Kopassus was lifted due to pressure by Indonesian President SBY (Indonesia denies pressure was applied to lift the ban). Unsurprisingly, this brings to light the ways in which legal protection of human rights standards can be trumped by realpolitik concerns. In the words of Australian Defence Force Academy associate professor Clinton Fernandes, ”[t]he decision to renew links shows contempt not only to the victims of gross human rights violations but to members of the US Congress.” Nonetheless, that Leahy continues to serve as a yardstick of US expectations on human rights remains important, when applied and upheld correctly.

By no means should Australia be merely reactive to the calls by organisations like HRW, however, it is worth continuing to debate options proposed and perhaps draw closer to reconciling a desire to uphold human rights and an imperative to engage with Indonesia’s military.