Year: 2012

AHRC: Authorities refuse to treat political prisoner with tumour

January 27, 2012

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-008-2012

ISSUES: Indigenous people; inhuman and degrading treatment; prison conditions

The Asian Human Rights Commission (AHRC) has received information regarding the condition of Kimanus Wenda, a political prisoner at Nabire prison, Papua, who has a tumor in his stomach and must be operated on. Although Indonesian law clearly notes that it is the state’s obligation to provide medical fees, the Papua legal and human rights department is refusing to pay for Mr. Wenda’s surgery due to a lack of funds. Moreover, the goverment is now claiming that Mr. Wenda does not require surgery, although local activists found the opposite to be true.

CASE NARRATIVE:

According to the information received from KontraS, ALDP and SKPHP, on April 4, 2003, at around 1am, there was a burglary at 1702/ Jayawijaya Wamena military district staff headquarters armory.

Eight perpetrators were arrested in connection to this theft: Yafrai Murib, Numbungga Telenggen, Enos Lokobal, Linus Hiluka, Kanius Murib, Kimanus Wenda, Des Wenda and Mikael Haselo. On January 15, 2004, according to the verdict declared by the Wamena district court, all the victims were found guilty for rebellion under articles 106 and 110 of the Criminal Code. Yafrai Murib and Numbungga Telenggen were sentenced to lifetime imprisonment, while the others were sentenced to 20 years imprisonment. Civil society considers this verdict to not be based on legal facts.

Since 2010, Mr. Wenda has had a tumor in his stomach and is constantly vomiting. He informed the health staff at Nabire prison but was not given any adequate response. On February 2, 2011, the Nabire hospital issued a reference letter regarding Mr. Wenda’s sickness and the need for him to be operated at Jayapura hospital. Two days later, Mr. Wenda’s legal counsel sent a medical leave letter to the head of Papua’s regional office of law and human rights and the head of Nabire prison, but received no response. On September 19, SKPHP met the head of Papua legal and human rights department but the department said it has no money and thus cannot pay for Mr. Wenda’s operation. This violates Indonesian law under Indonesian Government Regulation No. 32/1999 on Terms and Procedures on the Implementation of Prisoners’ Rights in Prisons, which states that it is a state obligation to provide medical fees and treatment. While civil society is now gathering funds to pay for the operation in Jayapura hospital, it is not yet enough.

Furthermore, on December 16, at the hearings between KontraS and the ministry of law and human rights, the staff of Nabire prison said that based on their report and the statement of the prison chief, Mr. Wenda was seen playing volley ball in prison and therefore his stomach tumour is not dangerous and does not need to be operated in Jayapura hospital. However, on December 21, when local activists brought Mr. Wenda to be examined at Nabire hospital, John, the surgery doctor who examined Mr. Wenda, stated that the tumour is severe and should be operated as soon as possible. The government denial to treat Mr. Wenda has resulted in much civil society concern about his safety.

ADDITIONAL INFORMATION:
The AHRC has recorded that political prisoners, especially in Papua, face ill-treatment and torture in prison, as in the case of Fendinand Pakage, who was tortured by a Abepura prison officer in 2008, resulting in permanent damage to his right eye, and in the case of Buchtar Tabuni in 2009, also beaten and tortured by a Abepura prison officer. Political prisoners’ rights are bare fulfilled, especially the right to health, as seen by Filep Karma, who was neglected at Dok II Jayapura hospital although his ureter should be operated.

Furthermore, on August 28, 2007, Mikael Haselo, a political prisoner arrested and charged in the same case as Mr. Wenda, died after being treated at Bayangkara hospital, Makasar, South Sulawesi, due to the complication of some diseases, such as cough, enteritis, bronchitis and lung inflammation.

for suggested actions please visit http://www.humanrights.asia/news/urgent-appeals/AHRC-UAC-008-2012

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Three political prisoners are ill

JUBI, 26 January 2012Three political  prisoners from Papua , who were arrested for their alleged involvement in the case of the assault on the ammunitions dump of Kodim 1702, Wamena on 4 April 2003, are now ill. Their names are: Enos Lokobai, Jefrai Murib and Numbunggan Telenggen.

Wirya, the co-ordinator of the NGO Foker in Biak Numbir, said  that Enos Lokobal and his colleagues have been suffering from lumbago  and have been taken to hospital for treatment but they are still in pain.

According to Wirya, Jafrai Murib went to hospital to be treated for malaria. [Several types of malaria are mentioned here.] As a result of his condition, he has become very pale. Apok Lakobal has been ill since November last year. His right side is paralysed and he is unable  to move; the doctor at the hospital said that he has had a stroke.

After the ammunitions dump was attacked, Enos Lakobal was sentenced to fifteen years, while Jafrai Murib and Numbangga  were given life sentences.

[This has been abridged in translation owing to our inability to identify some of the illnesses mentioned in the article. TAPOL]

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Identity Politics in Papua

Unofficial Morning Star flag, used by supporte...
Image via Wikipedia

JUBI, 27 January 2012

In the days before the special autonomy law for Papua (OTSUS), identity politics in Papua was focussed primarily on culture. It was his awareness of the richness of Papuan culture that encouraged Arnold Ap to set up his Mambesak group in the 1970s. [Not to mention the fact that he paid with his life for his activities.]

Brother Budi Hernawan, a human rights activist, said that the identity politics movement  had made some progress and was in the process of further development. ‘In fact,’ he said, ‘there are certain impacts of the inconsistency of the central government’s attitude towards the identity politics movement among the Papuans.’

He said that Papuan identity politics  emerged alongside the Indonesian identity politics movement  in the 1940s. But the way of defining Papuans referred to their tendency to being slender in build, dark skinned and with fuzzy curly hair as part of the Melanesian race; this led to the stagnation of this process.  At the core of the issue is the interaction between cultural and social issues, according to Brother Budi.

Cressida Hayes writes, in the 2007 Stanford Encyclopaedia of  Philosophy, that identity politics  has a far broader definition  and the theory has a far broader definition with regard to injustices that are encountered by people in certain social groups.

Rather than their being organised on the basis of ideology or party affiliation, identity politics is related to the group’s identity and of its not being marginalised  as a group as well as the question of belonging to the group in a much broader sense.

Demographically speaking, Papuans are no longer dominant in the land of Papua.  This has been reinforced by the role of capital  and limitations within the political sphere. While procedures are set in place to ensure that the head of region is an indigenous Papuan, no affirmative action has been taken by any legislative body to protect the interests of the indigenous Papuan people.

Apart from this, he said, Jakarta always bases its policies on economics and politics.The result is that there has been no comprehensive or ‘calm’ definition. ‘The word “calm”  is used here in the sense that the Dewan Adat Papua should be able to draft a definition of Papua-ness without being accused of being separatist or accused of subversion.’

Back in the days of President Abdurrachman Wahid,  the space being given to identity politics was broadening. Gus Dur, as he was affectionately known, granted permission for the Morning Star flag to be flown, which is regarded by Papuans as a cultural symbol, while at the same time stipulating that it should be held ten centimetres lower that the Red-and-White flag. But this has never been backed up by any government regulation.

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West Papua violence hits Indonesian RSF media rankings – NZ, Fiji fall

Thursday, January 26, 2012

Item: 7803

PARIS (Reporters sans frontières / Pacific Media Watch): An Indonesian military crackdown in the West Papua region, where at least two journalists were killed, five kidnapped and 18 assaulted in 2011, is the main reason for the country’s fall to 146th position in the annual Reporters Without Borders press freedom index.

A corrupt judiciary that is too easily influenced by politicians and pressure groups and government attempts to control the media and Internet have prevented the development of a freer press, said the 2011 RSF report released today.

West Papua strongly featured in an earlier Pacific Journalism Review media freedom report which condemned Indonesia’s human rights record in October.

Fiji, which has a draconian media decree imposed by the military backed regime that seized power in a 2006 coup, dropped again to 117th. The survey was completed before the Pacific country lifted  its Public Emergency Regulations (PER) earlier this year.

Countries that have “traditionally been good performers in the Asia-Pacific region did not shine in 2011”, the RSF report said.

“With New Zealand’s fall to 13th position, no country in the region figured among the top 10 in the index.

“Hong Kong (54th) saw a sharp deterioration in press freedom in 2011 and its ranking fell sharply.

“Arrests, assaults and harassment worsened working conditions for journalists to an extent not seen previously, a sign of a worrying change in government policy.

“In Australia (30th), the media were subjected to investigations and criticism by the authorities, and were denied access to information, while in Japan (22nd) coverage of the tsunami and the Fukushima nuclear accident gave rise to excessive restrictions and exposed the limits of the pluralism of the country’s press.”

The best ranked Pacific Islands nation was Papua New Guinea (35th), three places above France (38th) which has territories in the region.

Samoa (54th) ranked equal with Hong Kong, just ahead of the United States territories and well clear of Tonga (63rd) and Timor-Leste (86th). Vanuatu, which has been a problem over the past year, was not listed. Nor was the Solomon Islands.

“In the Philippines (140th), which rose again in the index after falling in 2010 as a result of the massacre of 32 journalists in Ampatuan in November 2009, paramilitary groups and private militias continued to attack media workers,” the RSF report said.

“The judicial investigation into the Ampatuan massacre made it clear that the response of the authorities was seriously inadequate.

“In Afghanistan (150th) and Pakistan (151st), violence remained the main concern for journalists, who were under constant threat from the Taliban, religious extremists, separatist movements and political groups.

“With 10 deaths in 2011, Pakistan (151st) was the world’s deadliest country for journalists for the second year in a row.”

Full RSF world press freedom report index – Asia-Pacific

Pacific Journalism Review 2011 media freedom report

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AHRC: Military officers arbitrarily arrest and torture civilians based on false claims of rebel activity

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME
Urgent Appeal Case: AHRC-UAC-005-2012
26 January 2012
———————————————————————
INDONESIA: Military officers arbitrarily arrest and torture civilians based on false claims of rebel activity
ISSUES: Freedom of assembly; indigenous people; torture; military violence; police negligence
———————————————————————
Dear friends,
The Asian Human Rights Commission (AHRC) has learnt that on 2 November 2011, seven commanding officers of the Kurulu military sub-district command (danramil Kurulu), arrested and ill-treated three local activists and nine Umpagalo villagers in Kurulu, Papua. This incident occurred without any command letter of authorization, following allegations of rebel activities. The AHRC noted that in Papua, people are frequently victimised based on arbitrary allegations of rebellion, and subsequently tortured. (photo: Kurulu victim)
CASE NARRATIVE:
A Kurulu villager named Alex, who reportedly drank and gambled with members of the pro-Jakarta militia Barisan Merah Putih, provoked Indonesian national military (TNI) officers by claiming there was a meeting between the Free Papua Movement (OPM) and the villagers at Umpagalo on the night of 2 November 2011, at Umpagalo village, Kurulu sub-district, Jayawijaya, Papua without specific evidence. Responding to this vague information, seven armed officers of the Kurulu military sub-district command (danramil Kurulu) prepared to handle the situation without any command letter of authorization (surat izin komando).
After the armed officers came to Umpagalo at around 11pm, they beat three local activists, Melianus Wantik, Edo Doga and Markus Walilo, as well as nine villagers, Pilipus Wantik, Wilem Kosy, Elius Dabi, Lamber Dabi, Othi Logo, Nilik Hiluka, Hukum Logo, Martinus Mabel and Saulus Logo, then stabbed them with bayonets for two hours, forced them to crawl and doused them with water for one hour. The officers also humiliated, beat with big wood sticks, kicked and stepped on them with their boots, pointed their guns and threatened that they would cut their heads, and shot at them four times. After that, the officers brought all the victims to the 176/ Kurulu military headquarters of Wim Anesili Wamena battalion branch (Pos TNI Batalyon 756 kurulu cabang Batalion Wim Anesili Wamena) and allegedly examined them for two hours. The victims were then released without clear reason. Too scared to go to the hospital located around 50 meters from the military post for medical treatment, they made do with traditional remedies. (photo: wounds of beatings and stabbing)
The victims’ colleagues complained to the Kurulu sector police following the incident, but the police refused to process the complaint since there is no substantial evidence to prove the allegations and the military officers are beyond their jurisdiction based on law no. 31 of 1997 regarding military court.
Meanwhile, the head of the military district command (Korem) 172/PWY Ibnu Tri Widodo acknowledged the violence. He stated that the seven soldiers who mistreated the civilians were now held in custody of the Wamena Military Police. They would be brought to the military court. Following the mistreatment, all soldiers on duty in the Kurulu sub-district had been transferred. He further promised that the military would no longer act “arrogantly” towards civilians. However, in many cases of military trials, which are not open to the public, the sentences are merely a light punishment, such as a transfer, which is inadequate given the seriousness of the human rights violations committed. Therefore, the TNI jointly with the National Human Rights Commission (Komnas HAM) should send an independent investigation team to transparently resolve this case, as well as ensuring the adequate punishment of those responsible. The military court law should be reviewed to ensure that members of the military are brought exclusively before a competent, objective and impartial civilian court that is compliant with the internationally-accepted standards of fair trial, including public access to the process, in cases of human rights abuses by members of the military against civilians. (photo: Kurulu victim)
ADDITIONAL INFORMATION:Torture is used in a widespread way by the police and military against indigenous Papuans, notably on persons suspected of supporting independence movements. Such suspicions are often leveled arbitrarily against members of the indigenous community and result in stigmatisation. This case is a clear example of this pattern.
Furthermore, according to the law on military courts, members of the military that commit crimes against civilians, such as extrajudicial killings or torture, can only be held accountable by military justice systems. Military courts are not open to the public, are notorious for only giving lenient punishments, and show a clear lack of impartiality.

for details of Appeals and to take action, please visit
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