Year: 2011

KONTRAS: Torture acts are not taken seriously

(WEST PAPUA MEDIA has edited this article for linguistic clarity)

Summary for International Day in Support of Victims of Torture

To commemorate International Day in Support of Victims of Torture (26 June), the Commission for the Disappeared and Victims of Violence (KontraS) published an annual report titled, “Torture: Cruel Acts That Are Not Taken Seriously”.  This report is a summary of several torture incidents that received broad public attention (both nationally or internationally) throughout July 2010 – June 2011, especially elaboration of various complaints on torture cases, which were handled directly by KontraS.

The report checks how far the state has implemented human rights standards in their policies and national regulations produced.

KontraS’ advocacy work regarding torture cases are still to become part of the main agenda and needs to be mainstreamed to the public.   This agenda, besides pressuring the state to proactively deliver positive outcomes in human rights protection through policies and regulation reform,  also will provide public education to keep pushing for maximum protections on non-derogable (inalienable) rights, in all spheres of life.

State  “stuttering”  in responding to torture incidents can be seen from the cancellation of President Susilo Bambang Yudhoyono’s visit to The Netherlands at the end of last year.  The cancellation was in response to a legal suit submission to  a Netherlands court by activists of South Maluku Republic (RMS) residing in the Netherlands.   The Lawsuit was a legal-political action against Indonesian National Police officers  who tortured alleged RMS activists after a Cakalele dance performed in front of SBY, present with many foreign diplomats and guests during their visit to Maluku in 2007.

The next failure continues at the end of 2010.  Two torture videos circulated freely and widely on Youtube website.  In the short video  shown several people in military uniform are committing brutal and inhuman treatment followed by intimidating interrogation questions.  The SBY regime responded swiftly, confirming torture practice (did occur) in Tingginambut, Puncak Jaya District, Papua Province.   Although in the end, the Military tribunal III-9 (of Military Command District Cenderawasih, Jayapura, Papua) fall short by giving only light sentences to the 7 defendants which were all military personnel.

Beside two case exposed above, KontraS documented at least 28 cases of torture done by Indonesian military and police.   Quantitatively, we believe torture practices have happened even more.   Difficulties occur in monitoring torture acts because often it occurs inside the military and police compound – and due to lack of victim’s courage to report any torture case because the perpetrators are the law enforcer itself.  Cases directly handled by KontraS, among others are:

(1) Torture case of RMS activists in Ambon,
(2) Torture of Hermanus in Maluku,
(3) Torture lead to fatal casualties of Charles Mali in NTT,
(4) Engineered case of Aan Susandhi in Artha Graha.

KontraS also highlighted other cruel, inhuman and degrading treatment including caning punishment in Aceh.

In particular, KontraS highlight Komnas HAM capabilities to investigate and uncover the patterns and causal roots of torture, especially of torture cases in conflict area such as Papua.   The degree of seriousness in torture cases often fit the requirement of a pattern that is widespread and systematic, but in several case (such as on the torture video and violence upon Reverand Kinderman Gire cases), torture is framed as an (isolated or) individual case , but is still a serious violation of human rights subject to the international law norm ‘Jus Cogens’.

Komnas HAM neglectfulness in resolving torture cases paves the way for further impunity and lack of respect of victims’ rights. From various complaint reports sent by KontraS together with victims’ family, not a single case has ended up with justice where the perpetrators are given a fair punishment.   These made worse by the absence of reparations toward victims of torture and their families. Those conditions are in line with the small numbers of torture cases resolved fully in trial. Torture in Indonesia is a typically a crime practiced with impunity.

Criminalization of perpetrators of torture must be done under a legal framework,  with respect of human rights, and by ensuring preventions so that similar cases will not repeat in the future.   Therefore, KontraS urge the state to highlight recommendations below:

1. Hasten criminalization of acts of torture – The Indonesian government, especially the Ministry of Law and Human Rights, must draft a special legislation on efforts in preventing and punishing acts of torture. Criminalization of torture will be an important benchmark for Indonesia in fighting future torture practice.   This effort will become an alternative step while efforts to enact a new Criminal Code procedure is yet to be fulfilled;

2. Indonesian Police and Military must have a vetting mechanism in their rank and file (promotions) process, that considers their officers track record as to who has committed torture, in order to further their members professionalism.

3. Police must increase their personnel capacity in conducting investigations and probes, whilst also maximizing effective and deterrent punishment for torture perpetrators. Torture cases continue to occur due to a lack of capacity for adequate investigation technique, thus Police resort to shortcuts in gathering evidence and gain confessions through torture;

4. Indonesian military must improve their internal accountability mechanisms by revising Military Tribunal Bill to ensure acts of torture are classified as criminal acts and receive maximum punishment.

5. National Commission of Human Rights must be able to resolve patterns and causal roots of torture practices, especially those committed by security forces, so they can provide adequate recommendations for relevant state institutions to make strategic policies to combat torture practices;

6. The government must implement recommendations from the UN Committee Against Torture; Follow up results from the country visits of the Special Rapporteur on Torture, Manfred Nowak in 2007; and the Universal Periodical Review (UPR) of 2008.

With the election of Indonesia to the United Nations Human Rights Council for the second time, the implementation of those recommendations is an indicator of Indonesia’s seriousness on human rights enforcement.

Jakarta, 26 June 2011

Executive Board

Haris  Azhar
Coordinator

5

5 VIDEOS ON STRIKE AT PT FREEPORT INDONESIA, Timika, Papua

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Freeport Workers willing to meet and speak directly to James R. Moffett and Richard C. Adkerson

THOUSANDS WORKERS of PT.Freeport Indonesia, Privatization and Contractor Strike

Statement by Frans Bernhard Okoseray, PUK FSP KEPmuSPSI PT Freeport Indonesia

July 9, 2011

In preparation for the Joint Working Agreement negotiations on the Welfare PT.Freeport Indonesia thousands of workers, there were problems in the Organization of Trade Unions of the Regional Leadership FSP KEP SPSI and SPSI PT Freeport Indonesia’s Trade Union Committee, the Chairman and Board Member in charge of PUK SPSI PTFI solve the problem.

At the Chairman of the Board PUK SPSI PT Freeport Indonesia and resolve the internal problems of the organization, the Management Department of Industrial Relations PT.Freeport Indonesia issued a
Violation Call Work.

Team SPSI PTFI PUK, led by Chairman Sudiro, invitation and clarifies the issue.

In the absence of good faith on the part of Management PT.Freeport Indonesia, to conduct negotiations of the Joint Working Freeport, after the union SPSI PUK PTFI solve problems of organization and filed a Request for Collective Labor Agreement Negotiations, Department of Industrial Management PT.Freeport Indonesia convey Disciplinary Action Letters Termination of Employment and laid-Chairman and Board SPSI PUK PUK PTFI the Union FSP KEP SPSI deliver Notice of Strike Action Peace to the Leadership Company PT.Freeport Indonesia, from June 4 to 11 July 2011.

On July 30, 2011 The meeting was held in the building between the Union Bappeda Mimika PUK FSP KEP SPSI PT Freeport Indonesia, Chairman of the SPSI Branch, Regional and Central and Time States Interagency Committee established by the Chairman of the Workers Union Local FSP KEP SPSI (Nurhaidah), Head of Department of Labor Mimika regency, Assiten Mimika District III Secretary and Management PT.Freeport Indonesia.

In the meeting of the Central Executive FSP KEP SPSI Workers Union issued a decision letter from the post of Chairman of Dismissal Nurhaidah Regional Leadership FSP KEP SPSI.

The meeting resulted in 3 (three) things:
1. Troubleshooting Internal Organization
2. Troubleshooting layoffs given to the Chairman and Administrator SPSI
3. And Revocation of Letters Strike

Stage of completion:
1. Night On July 30, 2011 issue of Internal Organization has been completed with each of the Chairman of FSP KEP SPSI
2. On 1-2 July 2011 meetings were held with the Head of Department of Labor Mimika. In the meeting request of Trade Unions to Revoke Management PTFI the Termination Letter is given to the Chairman of PUK SPSI PT Freeport Indonesia and board members, and recognize the existence of Sudiro as Chairman of PUK SPSI elected democracy by Freeport Workers with board members to conduct the Joint Working Deliberations PT.Freeport Indonesia the period 2011-2013. If the request is accepted by Management, the Mail Strike in Disconnect. The willingness of the parties PTFI Management is to lose the status of Termination of Letter of Warning to a 3 (three), whereas the Union offer a Warning Letter 1 (one), in bidding between the two sides between the Unions and Management PT Freeport Indonesia, the Head of Department of Labor Work offers a Warning Letter 2 (two), the Offer will not be received by the Management PTFI, so that the two sides, namely the Trade Unions and Management PTFI SPSI PUK declared there was no agreement, resulting in strike action of workers in accordance with the Notice.

With distrust Workers Union of Management PT.Freeport Indonesia, so in today’s day meeting Wednesday, July 6, 2011 at the Administration Building of Kuala Kencana and Freeport as well as thousands of workers who struggle to walk from Tembagapura to Timika, the entire Workers’ demands and requested that the Supreme Leader Freeport McMoran James R. Moffett and Richard C. Adkerson soon came to Timika in Papua to meet and talk with the PUK SPSI PT Freeport Indonesia under the leadership SUDIRO Chairman.

On July 4, 2011 6:00 Thousands of workers had gathered at the Bus Terminal Bus Tembagapura waiting to escort workers to Timika. At 08:00 Hour Management PT.Freeport Indonesia will not provide bus transport, so that thousands of workers took the decision to walk away. In as far as 40 mile trip, many workers are thirsty, hungry, and tired. On the day evening Management PTFI send two buses to transport workers, but workers will be transported back to Tembagapura below, so that workers do not want to ride the bus and the workers told the other workers there apabilah workers no longer able to walk because of fatigue can increase the bus to return to Tembagapura.

Workers who thirst and hunger in the support by the Escort (PTFI Security Guard Unit) and Executive Board members Trade Unions and the PUK led by Union Chairman Sudiro (PUK SPSI PTFI).

Seeing the conditions that do not allow for workers who are tired, tired and sore feet that already then, at 18:00 Board of Trade Unions under the leadership of Chairman PUK SPSI Sudiro lobbied several parties to urgently provide transportation PTFI Management Bus.

At about 22:30 three (3) buses imported from Tembagapura to transport workers still on the trip and 15 buses imported from mile 28Timika to transport thousands of workers who had gathered at the check point Mile 50.

With tears and blood that comes out of the thousands of workers who walk as far as 80 km from Tembagapura to Timika, then we ask Mr.James R. Moffett and Mr.Richard C. Adkerson must come to Timika in Papua, to meet and talk with us. Any strike action PT.Freeport Indonesia thousands of workers have been extended to July 18, 2011.

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Shocking footage emerges from Sunset Merona raids

Highly distressing video footage has emerged showing the aftermath of the Sunset Merona operation on West Papuan refugee settlements in Vanimo, Papua New Guinea earlier this year. The Sunset Merona operation was conducted by members of Papua New Guinea’s police and defence forces following heavy diplomatic pressure by the Indonesian authorities.

The footage provides compelling evidence of violation of the UN Charter for Refugees, and is being forwarded to the UN.

Highly distressed women and children are seen amongst the charred remains of their villages, and there are also interviews with those who fled describing what happened. More than 6 months on, many of these refugees are still hiding in the jungle with limited access to food, water and shelter.   The footage was filmed by Australian filmmaker David Fedele.

Please follow the link below to see this report. http://www.youtube.com/watch?v=a1FxPnBqNGY

If you are from a media organisation and would like to get access to further footage for national media reporting, please get back in touch to alezev(at)riseup.net

 

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BREAKING NEWS: WAR IN TINGGINAMBUT, WEST PAPUA

REPORTS OF 600 TNI SURROUNDING VILLAGES IN TINGGINAMBUT

by Nick Chesterfield @ Westpapuamedia.info

Monday July 10, 2011

Confirmed reports emerged on Sunday from Puncak Jaya, West Papua, that over 600 Indonesian Army (TNI) troops have been conducting daily full combat operations since July 4 in and around villages in the Tingginambut area.  Troops have reportedly attacked a series of villages said to be the refuge of the West Papuan Guerrilla leader Goliat Tabuni.

Troops from the notorious 753 Nabire battalion have reportedly surrounded the General Headquarters area of the West Papua National Liberation Army (TPN-PB) faction led by Tabuni, and have occupied several villages including Kalome, where three soldiers were shot by unknown assailants last Tuesday.  The Indonesian government news agency Antara reported that armed men stopped TNI soldiers from carrying out what it described as a “routine patrol” in Kalome village.  An exchange of fire occured – it is unclear who shot first – and three TNI were all struck by bullets to their arms sustaining non-life-threatening gunshot injuries.

According to reliable human rights activists in the immediate area, villagers in Kalome were rounded up and subject to harsh treatment by returning soldiers from 753Btn, and reportedly forced to watch as several houses were torched.  West Papua Media has been unable to verify these reports, but 753Btn has a well documented history of burning villages suspected of sympathies or harbouring TPN-PB.  (Extensive video footage of previous village burnings is available to any interested party).

Firefights have been occurring daily between TPN and TNI forces, with local sources describing it as “a 7-day shootout”.  “The current death toll, according to our intelligence data, is that Indonesia have killed 20 TPN fatalities, and according to reports from the field in Puncak Jaya, TPN have claimed five Indonesian military casualties”, said the source upon condition of anonymity.  Several civilian casualties have been reported, though exact figures are unconfirmed.  West Papua Media cannot at this stage confirm exact numbers.

Battalion 753, the battalion responsible for the well documented torture of West Papuan civilians and village burnings across Puncak Jaya in 2010 (including the infamous Tunaliwor Kiwo torture video), has been recently engaged in a much publicised heart-and-minds Bakti (Service) campaign, gardening and house-building cynically named “Love and Peace are Beautiful”, to mend the bridges damaged by the Army’s human rights abuses, torture and village burnings.  It was unclear whether this campaign was mending the houses that 753 had previously burnt down.

Puncak Jaya has been the scene of regular human rights abuses on civilians, with major combat operations ongoing since 2009.  TNI and BRIMOB paramilitary Police, as well as the Australian trained Detachment 88 counter-terrorist unit, have regularly targeted civilians whom they accuse of supporting the guerrilla TPN-PB of Tabuni.

Local sources have expressed fear to West Papua Media that their villages are being targeted for pacification and punitive operations after the failure of a much touted Social service campaign to heal the image of brutality that surrounds the 753 battalion.  It is feared by local activists that civilians are especially at risk as collective punishment for the potential escape of Tabuni’s forces, in a strategy by the TNI designed to flush out the TPN.

According to the adjutant of General Tabuni in a statement sent to West Papua Media, the purpose of the social activities by the TNI was to create a trojan horse for the eradication of armed resistance from Tabuni and his men.  “TNI’s Bakti social mission in Puncak Jaya is really a guise to avoid gross violations of human rights because the TNI Papua Commander was in the area and needed good press”.  According to the Jakarta Globe, the head of the Cenderawasih Military Command, Maj. Gen. Erfi Triassunu, said the TNI would provide psychiatrists to help residents traumatized by the widespread violence in the area.  The campaign was due to run from 2 May to 28 August, but almost all the troops who were building houses are now burning them down again, according to local sources.

Local human rights activists described the failure of this program being caused by the simple issue of trust.  “All their talk of caring for our human rights and welfare is shown to be a lie by this latest operation.  We have never trusted them, but now we trust them even less,” said the human rights worker, who cannot be named for his safety.

The TPN spokesperson was more blunt.  “People doubted the presence of top military who were proclaiming their victory in Puncak Jaya.  The TNI social service campaign is merely a shield.  It was evident from July 6,  that (these) military forces ….suddenly stopped and all directed to Tingginambut to conduct  military sweeps.  All TNI Bakti activities stopped completely. Since July 6 to the 8th all military forces here, with full combat equipment, have surrounded the headquarters of  TPN / OPM…. Tabuni is currently under siege”.

Reports of major abuse by Indonesian security forces in the West Papuan highlands are notoriously difficult to verify, as international human rights monitors and journalists are banned by the Indonesian government from travel to West Papua.

Please stay tuned to West Papua Media for more updates.

westpapuamedia.info

for media enquiries, please call +61450079

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