Daily Archives: October 11, 2011

AHRC: Jayapura city district police and military arbitrarily torture and arrest Papuan civilians



Urgent Appeal Case: AHRC-UAC-202-2011

11 October 2011
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INDONESIA: Jayapura city district police and military arbitrarily torture and arrest Papuan civilians

ISSUES: Indigenous people; military, police violence; ill-treatment and torture; right to fair trial
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the arbitrary arrest and torture of 15 Papuan villagers, including several minors, in Horas Skyline village, Jayapura, Papua, committed by a joint team of Jayapura city district police and Cenderawasih military area command on 31 August 2011. Until now, there is no investigation into the incident.

CASE NARRATIVE:

According to information received from Persekutuan Gereja-Gereja Baptis Papua (The Fellowship of Baptist Churches of Papua), Koalisi Masyarakat Sipil Untuk Penegakan Hukum dan HAM di Papua (Civil Society Coalition to Uphold Law and Human Rights in Papua) and other activists, on 31 August 2011 at 5am, around 115 members of a joint team of Jayapura city district police (POLRESTA) and Cenderawasih military area command raided Papuan villagers in Horas Skyline village, Abepura district, Jayapura, Papua. All of the team members had guns and long barreled rifles, and some of them were wearing a black mask. When they were some 300 meters from the targeted houses, the team shot at the houses seven times.

(left: Siki Kogoya/ source: The Fellowship of Baptist Churches of Papua)

Siki Kogoya, a villager who was in his yard at the time, was shocked upon hearing the gunshot, after which he saw the joint team members make their way to him. One of the members pointed his gun at Siki’s mouth, while three others pointed their long barreled rifles at his neck. They then beat him with rifle butts and kicked his head, face, ribs and chest. Siki was ordered to lie face down on the ground, while the officers continued pointing their weapons at him and asked him questions regarding the location of Panius Kogoya, Etra Yanengga, and Arman Kogoya, and whether he knows Danny Kogoya. This was related to their involvement in a shooting accident in Nafri on 1 August 2011, and the killing of a taxi driver and burning of his taxi in Skyline on 6 July 2011.

(right: Panius Kogoya/source: The Fellowship of Baptist Churches of Papua)

At the same time, other joint team members went to Biben Kogoya (the neighbourhood leader)’s small house (this small house is separated from Biben Kogoya’s main house and is usually used by the community for worship, discussion or meeting) and raided it. The officers then brought 14 villagers (three of whom were sick), randomly picked up from the village, to Biben’s yard, ordered them to lie down and forced them to see the sun rise without blinking. The officers humiliated, kicked, beat and pointed their guns at the victims. The officers asked the victims who among them were Danny Kogoya, Panius Kogoya, Ekimar Kogoya, Etra Yanengga and Gidi Wenda, and forced them to disclose the location of Panius Kogoya, Ekimar Kogoya, and Etra Yanengga, and whether they know Danny Kogoya.

(left: Panius Kogoya/source: The Fellowship of Baptist Churches of Papua)

Being the neighbourhood leader, Biben had learnt from the urban village head (LURAH, an administrative leader for the regency/city area), that members of the regional Papua police (POLDA) and Jayapura city district police would raid his house. He did not expect to be beaten however. The joint team members placed a photo of the killed soldier in Nafri into a photo album at Biben’s house, then they showed it to him and forced him to admit that he was the killer.

Subsequently, Biben was dragged to an empty house which had been ransacked by the joint team members. There was a hole at the house, with bullets and papers around it. Biben was threatened with death if he did not admit that these belonged to him. When Biben refused to admit this, the officers dragged him towards the hole and tried to push him in. Biben managed to avoid falling in, but the joint team members then dragged him to another room. There, at the left corner, the officers ordered Biben to dig a hole while pointing a gun at him. Biben felt they would kill and bury him, and he tried to escape. He was caught and brought to his yard, where the other victims were held.

At 6:30pm Metius Kogoya, a Christian clergyman, heard of the news and at 9:30pm he came to the location where the victims were being held. There, he was asked by the joint team members to name all the victims. When he named Ekimar, the officers immediately beat and dragged him to an empty yard, where he was beaten repeatedly and forced to name another killer. Finally Ekimar named Panius, as a result of which Panius was also dragged to the yard and beaten together with Ekimar. Metius then sat with the other victims in solidarity. He observed the victims being humiliatiated and beaten for eight hours, until 1pm.

While the victims were being beaten and interrogated, other joint team members were raiding Biben Kogoya’s house for documents that could be used as evidence. They seized ‘weapons’ such as traditional arrows, a chopper, a knife. In the backyard, one officer shot a hole through a frying pan, stating, “With this frying pan, you cooked and gave food to members of the Free Papua Movement (OPM).” The joint team members also raided other victims’ houses.

Furthermore, the joint team also asked Novi Kogoya alias Pia (7 years) to answer where was the gun hidden by her parents. Even though Novi Kogoya anwered that she did not know, they kept repeating the question.

Approximately at 1pm, the chief of regional police (KAPOLDA) of Papua and the chief of Jayapura city district police (KAPOLRESTA) came to Biben’s yard and ordered the joint team members to stop their assault. Then the victims were brought to the Jayapura city district police headquarters and interrogated as witnesses of the Nafri and Skyline killings. In violation of articles 17 and 38 of the Indonesian criminal procedure law, the joint team officers did not show any arrest and seizure warrant when arresting the victims. The police officers also did not inform the victims of their rights and interrogated them without legal counsel in violation of articles 51 and 54.

The Jayapura police officers threatened to kill Ekimar and Panius if they did not confess to being the killers in the Nafri and Skyline incidents. As a result, the two victims made statements that they were the killers. Ekimar is a minor, and his rights were violated by being interrogated and detained in the same manner as an adult.

The police completed their interrogation of the victims at 11pm, excluding Ekimar and Panius, who were considered as suspects of manslaughter, murder, and violence under articles 338, 340 and 170.1 of the criminal code. The victims were taken to a prison truck and not given food until the following morning.

On the next day, September 1, at 11:40am, a representative from the national human rights commission in Papua, the Baptist church of Papua and several human rights activists came to the Jayapura city district police headquarters to see the victims. After several complaints submitted to the police and due to insufficient proof, the police released all the victims except Ekimar and Panius at around 3pm. The 13 victims are presently suffering from trauma and cannot conduct their daily activities as usual.

On September 3, at 9am, the Jayapura district police gave arrest and detention warrants to the families of Ekimar and Panius in violation of articles 17 and 21.1 of the Indonesian criminal procedure law.

SUGGESTED ACTION:
Please write letters to the authorities listed below asking them to intervene in the case immediately to ensure that all perpetrators are brought to justice in accordance with international human rights norms.

Please be informed that the AHRC is also sending letters to the Special Rapporteur on the rights of indigenous people, the working group on arbitrary detention, and the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, calling for their intervention into this matter.

To support this appeal, please click here:

SAMPLE LETTER:

Dear ___________,

INDONESIA: Jayapura city district police and military arbitrarily arrest and torture Papuan civilians

Name of victims: Siki Kogoya (male, 23 years, student), Tinus Wenda (male, 40, entrepreneur), Yeskiel Wenda (male, 23, student), Arinus Wenda (male, 25, student), Nusman Kogoya (male, 18, student), Manianus Kogoya (male, 23, student), Mis Kogoya (male, 25, student), Yawenus Kogoya (male, 21, student), Budi Kogoya (male,15, student), Demias Kogoya (male, 16, student), Biben Kogoya (male, 34, neighbourhood leader), Metius Kogoya (male, 34, Christian clergy), Uwen Kogoya (male, 26, student), Painus Kogoya (male, 23, student), Ekimas alias Ekimar Kogoya (male, 16, student)
Name of alleged perpetrators: Officers of the Jayapura city dictrict police, members of the joint team of Jayapura city district police and military who arbitrarily arrested, threatened and tortured the victims
Date of incident: 31 August 2011
Place of incident: Horas Skyline village, Abepura district, Jayapura, Papua

I am writing to voice my deep concern at the arbitrary arrest and torture of 15 Papuan civilians, including several minors, in Horas Skyline village, Abepura district, Jayapura, Papua, by the joint team of Jayapura city district police and Cenderawasih military area command on 31 August 2011.

I have learnt that on 31 August 2011 at 5am, around 115 members of the joint team of Jayapura city district police and Cenderawasih military area command raided the villagers’ homes. All of the team members had guns and long barreled rifles, and some of them were wearing a black mask. When they were some 300 meters from the targeted houses, the team shot at the houses seven times.

Siki Kogoya, a villager who was in his yard at the time, was shocked upon hearing the gunshot, after which he saw the joint team members make their way to him. One of the members pointed his gun at Mr. Kogoya’s mouth, while three others pointed their long barreled rifles at his neck. They then beat him with rifle butts and kicked his head, face, ribs and chest. Mr. Kogoya was ordered to lie face down on the ground, while the officers continued pointing their weapons at him and asked him questions regarding the location of Panius Kogoya, Etra Yanengga, and Arman Kogoya, and whether Mr. Kogoya knows Danny Kogoya. This was related to their involvement in a shooting accident in Nafri on 1 August 2011, and the killing of a taxi driver and burning of his taxi in Skyline on 6 July 2011.

At the same time, other joint team members went to Biben Kogoya (the neighbourhood leader)’s small house (this small house is separated from Biben Kogoya’s main house and is usually used by the community for worship, discussion or meeting) and raided it. The officers then brought 14 villagers (three of whom were sick), randomly picked up from the village, to Biben’s yard, ordered them to lie down and forced them to see the sun rise without blinking. The officers humiliated, kicked, beat and pointed their guns at the victims. The officers asked the victims who among them were Danny Kogoya, Panius Kogoya, Ekimar Kogoya, Etra Yanengga and Gidi Wenda, and forced them to disclose the location of Panius Kogoya, Ekimar Kogoya, and Etra Yanengga, and whether they know Danny Kogoya.

I am outraged to learn that the joint team members placed a photo of the killed soldier in Nafri into a photo album at Biben’s house, which they then showed him and forced him to admit that he was the killer. Subsequently, Biben was dragged to an empty house which had been ransacked by the joint team members. There was a hole at the house, with bullets and papers around it. Biben was threatened with death if he did not admit that these belonged to him. When Biben refused to admit this, the officers dragged him towards the hole and tried to push him in. Biben managed to avoid falling in, but the joint team members then dragged him to another room. There, at the left corner, the officers ordered Biben to dig a hole while pointing a gun at him. Biben felt they would kill and bury him, and he tried to escape. He was caught and brought to his yard, where the other victims were.

At 6:30pm Metius Kogoya, a Christian clergyman, heard of the news and at 9:30pm he came to the location where the victims were being held. There, he was asked by the joint team members to name all the victims. When he named Ekimar, the officers immediately beat and dragged him to an empty yard, where he was beaten repeatedly and forced to name another killer. Finally Ekimar named Panius, as a result of which Panius was also dragged to the yard and beaten together with Ekimar.

While the victims were being beaten and interrogated, other joint team members were raiding Biben Kogoya’s house for documents that could be used as evidence. They seized ‘weapons’ such as traditional arrows, a chopper, a knife. In the backyard, one officer shot a hole through a frying pan, stating, “With this frying pan, you cooked and gave food to members of the Free Papua Movement (OPM).” The joint team members also raided other victims’ houses.

Approximately at 1pm, the chief of regional police (KAPOLDA) of Papua and the chief of Jayapura city district police (KAPOLRESTA) came to Biben’s yard and ordered the joint team members to stop their assault. Then the victims were brought to the Jayapura city district police headquarters and interrogated as witnesses of the Nafri and Skyline killings. In violation of articles 17 and 38 of the Indonesian criminal procedure law, the joint team officers did not show any arrest and seizure warrant when arresting the victims. The police officers also did not inform the victims of their rights and interrogated them without legal counsel in violation of articles 51 and 54.

It has come to my grave attention that the Jayapura police officers threatened to kill Ekimar and Panius Kogoya if they did not confess to being the killers in the Nafri and Skyline incidents. As a result, the two victims made statements that they were the killers. Ekimar is a minor, and I am shocked that his rights were violated by being interrogated and detained in the same manner as an adult.

The police completed their interrogation of the victims at 11pm, excluding Ekimar and Panius, who were considered as suspects of manslaughter, murder, and violence as mentioned in articles 338, 340 and 170.1 of the criminal code. The victims were taken to a prison truck and not given food until the following morning.

On the next day, September 1, at 11:40am, a representative from the national human rights commission in Papua, the Baptist chuch of Papua and several human rights activists came to the Jayapura police headquarters to see the victims. After several complaints submitted to the police and due to insufficient proof, the police released all the victims except Ekimar and Panius Kogoya at around 3pm. The 13 victims are presently suffering from trauma and cannot conduct their daily activities as usual.

On September 3, at 9am, the Jayapura district police gave the arrest and detention warrants to the families of Ekimar and Panius Kogoya in violation of articles 17 and 21.1 of the Indonesian criminal procedure law.

Until now, I am not aware of any action taken against the perpetrators for their brutal and illegal behaviour towards the villagers. I urge you to seriously look into the victims’ allegations and take appropriate action against those found responsible. Appropriate action must also be taken against the authorities that have failed to intervene.

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Susilo Bambang Yudhoyono
The President of Indonesia
Jl. Veteran No. 16
Jakarta Pusat
INDONESIA
Tel: +62 21 3863777, 3503088.
Fax: +62 21 3442223

2. Mr. Kemal Azis Stamboel
The Chairman of the First Commission of House of Representative of Indonesia
Gedung DPR RI Nusantara II, Lantai 1
Jl. Jenderal Gatot Subroto
Jakarta 10270
INDONESIA
Phone: +62 21 5715518
Fax: +62 21 5715523

3. Chairman of Third Commission of The House of Representative of Indonesia
Jl. Gatot Subroto No. 6 Jakarta
INDONESIA
Tel:+62 21 5715569
Fax: +62 21 5715566

4. Mr. Erfi Triassunu
Commander of Regional Military Command XVII Cendrawasih
(Kemiliteran Daerah Papua / Kodam Papua)
Jl. Polimak atas Jayapura Provinsi Papua
INDONESIA
Fax: +62 967 533763

5. General of Police Timur Pradopo
Chief of Indonesian National Police
Markas Besar Kepolisian Indonesia
Jl. Trunojoyo No. 3
Kebayoran Baru
South Jakarta 12110
INDONESIA
Tel: +62 21 3848537, 7260306, 7218010
Fax: +62 21 7220669
Email: info@polri.go.id

6. Head of Division of Profession and Security of Indonesian Police
Markas Besar Kepolisian Indonesia
Jl. Trunojoyo No. 3
Kebayoran Baru
South Jakarta 12110
INDONESIA
Tel: +62 21 3848537, 7260306, 7218010
Fax: +62 21 7220669
Email: info@polri.go.id

7. Chairman of the National Police Commission (Kompolnas)
Jl. Tirtayasa VII No. 20 Komplek PTIK Jakarta Selatan
INDONESIA
Tel: +62 21 739 2352
Fax: +62 21 739 2317

8. Head of National Commission on Human Rights of Indonesia
Jalan Latuharhary No.4-B,
Jakarta 10310
INDONESIA
Tel: +62 21 392 5227-30
Fax: +62 21 392 5227
Email: info@komnas.go.id

9. Ms. Harkristuti Harkrisnowo
General Director of Human Rights
Department of Law and Human Rights Republic of Indonesia
Jl. HR Rasuna Said Kav.6-7 Kuningan, Jakarta 12940
INDONESIA
Tel: +62 21 525 3006, 525 3889, 526 4280
Fax: +62 21 525 3095

10. Chief of Regional Police of Papua province
Jl. Samratulangi No. 8 Jayapura
INDONESIA
Tel: + 62 0967 531014
Fax: +62 0967 533763

11. Chief of Jayapura city district police (POLRESTA)
Jl. A. Yani No.11
Jayapura
INDONESIA

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)

Greens concerned over escalation of conflict in West Papua

HomeGreens concerned over escalation of conflict in West Papua

 in Media ReleaseWest Papua

Greens’ spokesperson for West Papua, Senator Richard Di Natale, has expressed his deep concern for those involved in the violent clashes at the Grasberg mine site in West Papua, where ongoing pay disputes have led to one protester being killed and eight others injured by armed security forces.

“I was saddened to hear of this worker’s death and the injuries sustained by others protesting,” said Senator Di Natale.

What was a peaceful strike became violent when Indonesian police opened fire on the Freeport Mine workers. This conflict comes on the back of news that ten West Papuan activists were arrested by Indonesian authorities in Jayapura last week for being in possession of material that featured the banned West Papuan Morning Star flag.

“There needs to be a thorough investigation into the shooting and acts of violence that occurred against ordinary workers.”

“I am deeply concerned that the conflict in West Papua is escalating . The only long term solution is to ensure that the West Papuan people are free to determine their own future.”

Two Papuans arriving to attend congress in Jayapura are arrested

Bintang Papua, 9 October 2011Jayapura: About two thousand people intending to attend the Third Papuan People’s Congress due to open on 16 October have already arrived in Jayapura from other parts of Papua. Some arrived by plane  while the majority travelled here by ship. The police have taken measures to guard the roads leading into Jayapura by examining all  passengers who arrive aboard the white ships.

All passengers who alight from the ships are subjected to sweepings undertaken by the police. A delegation from Serui was also subject to investigation. Ten people were taken into custody. After being interrogated, eight were released while two were held. The two who were held, Noak Kandipi and Henok Dorri, were found to be in possession of sharp implement in violation of the law.

The chief of police of Papua confirmed these arrests, saying that they were carrying weapons without the necessary permit.

The chairman of the congress organising committee, Selpius Bobii described this as an action of terror against Papuans arriving from outside who were coming to attend the congress.

‘Their aim is to warn delegates from other parts of the country against coming to Jayapura to attend the congress.’  he said.speaking at a press conference held at the office of the Dewan Adat Papua. He called on the army and the police not to arrest people and damage the programme of the congress, saying that this was very dangerous indeed. ‘We call on the police to release the two people immediately,’ he said. He also called  on all Papuans not to be provoked by issues that are being launched to damage harmonious relations with the community.

A member of the monitoring and advocacy team express his deep regrets that emergency laws were being used in a part of the country which was not in a state of emergency. ‘Moreover,’ he said, ‘people coming from the kampungs know absolutely nothing about these laws.’ He said that the monitoring team would assist the two and said that they did not know whether the two had been designated as suspects.

Kontras condemns police shooting of Freeport workers

Kontras, the Commission for the Disappeared and Victims of Violence has condemned the shooting of Freeport workers who were seeking negotiations with the management of the company. Since the commencement of the strike on 15 September there has been no sign that the management is seeking to provide the space for dialogue which could accommodate the interests of the two sides.

During an action on 10 October, the workers protested against the company for recruiting new workers to replace those now on strike. We have received information that some eight thousand workers  were involved in this action. They marched from the secretariat of the SBSI, the trade union, to the culverts, a distance of about 500 metres along a road that was six metres wide. A short distance away, hundreds of policemen were standing on guard.

The police tried to disperse the workers action as they were seeking to meet the management of the company.. Having failed to meet the management, the workers burned some vehicles believed to belong to the company. The police then opened fire on the workers: Petrus Ayamiseba  who works in catering at the company  was shot in the waist and died. Six others were wounded, Leo Wandagau, Alius Komba, Melkius Rumbiak, Yunus Nguliduan, Philiton Kogoya and Ahmad. Some of the policemen were also injured.

We regard the shooting and violence as an act of intervention and intimidation against industrial relations as guaranteed in Law13/2003 on Labour Affairs. The government, in this case the Department of Labour and Transmigration, should be playing a role to guarantee the basic rights of the workers as stipulated in that law, in particular with regard to legal procedures in article 137.

Furthermore, it is clearly stated that no one shall interfere with strike actions undertaken by the workers. (article 143) and workers on strike may not be replaced by other workers in any form whatsoever (article 144).

The presence and acts of violence by hundreds of police have damaged the efforts of the workers  to seek negotiations with the namagement. The police have clearly sided with Freeport  by undertaking  patrols and protection of the company and have been receiving monthly contributions (see letter from head of operations no b/918/IV/2011). The function of the police should  be to protect the people,

The shooting and acts of violence have also violated a number of regulations. Internally, the police should implement the regulations of the police  Furthermore the police have also violated a number of other laws such as the Human Rights Law of 1999 and Law 12/2005 on Ratification of the Covenant on Civil and Political Rights.

Kontras therefore calls on the police:

1. To conduct a thorough investigation into the shooting and acts of violence that occurred on 10 October,

2. To pursue legal procedures  that are impartial, credible, accountable and transparent with regard  to the shooting and acts of violence.

3. Should take steps to ensure that the police maintain their independence in all industrial relations disputes so as to ensure that they do not trigger acts of violence and other breaches of the law.

Jakarta, 10 October 2011

[Translated by TAPOL]

Indonesian security forces open fire on West Papuan striking miners – kill one

from our partners at Pacific Media Centre

http://pacific.scoop.co.nz/2011/10/indonesian-security-forces-open-fire-on-west-papuan-striking-miners-%E2%80%93-kill-one/

October 11, 2011
Papua mineIndonesian security forces face striking miners at Grasberg copper mine in West Papua. Photo: AP

Pacific Scoop:
Report – By Karen Abplanalp and PMC news desk

Indonesian security forces have shot and killed at least one protester and  wounded eight others when they opened fire on striking workers at Freeport-McMoRan’s gold and copper mine in West Papua, union officials said.

Union leader Manuel Maniambo said thousands of striking workers were trying to prevent replacement workers from heading by bus to the mine.

Blocked by security forces, some protesters began throwing rocks.  Three food delivery trucks were burnt, according to an Agence France-Presse reporter at the scene.

The security forces began firing shots and at least one man was killed, one more unconfirmed dead, one man critically injured and at least 8 men wounded.

The dead man has been identified as 30-year-old Petrus Ayemsekaba.

Indonesian security forces said six of their men were also hurt during the demonstration.

Around 9000 workers from the Grasberg mine in West Papua began the strike on September 15, demanding that their current minimum wage of less than NZ$2.50 an hour be raised to globally competitive levels.

Lowest wages
Union representatives say that Freeport’s workers, who are mostly indigenous West Papuans, receive the lowest wages of any Freeport mining facility in the world.

Concerns for the miners safety has been mounting recently as reports of intimidation of union officials were reported.

Union spokesperson Juli Parrongan said: “Our personal safety going on strike is under pressure of the PT Freeport Indonesia management.”

Union officials have been complaining that PTFreeport, (the Indonesian unit of US-owned mining firm Freeport McMoran Copper & Gold Inc.) management has been breaking Indonesian laws regarding fair strike actions since the strike began.

The union has said the striking miners have been intimidated into going back to work and to signing contracts.

Workers in Indonesia have been granted the right to strike, and under Indonesian law, they are able to do this free from intimidation.

Reinforcements sent
In preparation for the strike, military and police reinforcements were sent to Timika, the closest town to the mine.

The Papua Police dispatched an extra 114 police Mobile Brigade (Brimob) personnel to Timika with an additional 100 Brimob personnel from Jakarta to join 850 personnel from the Indonesian military (TNI)-police joint task force.

AFP quoted police spokesman Wachyono as saying:  “So far, five policemen suffered head injuries and another had his leg  injured from being pelted with stones by workers. They have been taken  to hospital.”

Police fired warning shots into the air after the striking workers  pelted them with stones, Wachyono said, in scenes witnessed by an AFP  reporter at the site.

The Indonesian military and the Indonesian police are now under the international spotlight in the hope that its track record of human rights abuses in West Papua are not repeated during the current miners strike.

As chair of ASEAN Indonesia, with its goal to make ASEAN a people-centered community, it has a good incentive to be seen as a democratic country, free of human rights abuses.

Karen Abplanalp is an Auckland photographer and also an AUT University postgraduate student on the Asia-Pacific Journalism course.