27 February 2013Jayapura: Following the arrest earlier this week of two members of the OPM (Organisasi Papua Merdeka), a spokesperson for the police has stated that the two men, identified by the initials, AG and PG who were arrested in Kampung Ayaigo, sub-district of Kebo, District of Paniai will face charges in court.
The police officer stated that the men were in possession of explosive materials and ammunition in violation of Emergency Law 12/1951 which allows a sentence, if convicted, of twenty years or life imprisonment.
The spokesperson, I Gede Sumerta Jaya, head of public relations of the Paniai chief of police, also said that the police were engaged in operations to find other persons on the ‘wanted list’ (DPO) for a series of actions such as shootings and other acts of violence that have been occurring in the area. These other persons were identified by the initials JY, SY and DY.
The men are alleged to have been involved in shootings in Paniai,including the shooting of an ojek driver and holding nine employees of a contractor company as hostages who were building a school in Kampung Ukawo, District of Siriwo, Paniai. The men were also alleged to have assaulted women and demanded material goods from local people a short while ago.
”We do not know what the motives for the shootings and violence are because we are still interrogating the men,’ the spokesperson said.
Asked about the security situation following the arrest of the two OPM members, the spokesperson described it as ‘conducive’, following an armed skirmish between the TNI/Polri and the OPM.
The two men are currently undergoing intensive questioning at police command headquarters in Paniai. The two men were caught during sweeping operations by the TNI/Polri after having engaged in an act of terror against the command post of the Paniai Police.
They were said to have in their possession one unit of HT (?), one bullet calibre 7.56 , a hand-phone, personal identifications tabs and Morning Star flags.
Major Reprisals begin with house to house searches, village and church burnings in Tingginambut by Indonesian Security Forces after TPN shoot dead 8 Indonesian special forces soldiers.
from the West Papua Media investigative team*
February 28, 2013
EXCLUSIVE: Special Investigative Report
Local communities around Sinak, Gurage, Mulia and Tingginambut in Puncak Jaya regency have felt the first effects of Indonesian military reprisals, after West Papuan independence guerrillas under General Goliat Tabuni confirmed that they had killed eight Indonesian special forces soldiers and four non-Papuan civilians on February 21 in two separate incidents.
The shootings were carried out after Kopassus officers continued to build military posts on a local sacred burial site, despite being requested not to by both community representatives and emissaries from the West Papua National Liberation Army (Tentara Pembebasan Nasional Papua Barat – TPN-PB) under Tabuni. TPN spokespeople have said that the shootings were done “to assert West Papuan sovereignty against Indonesian colonial occupation”, and to assert West Papuan cultural rights to defend their customary practices against ongoing military brutality.
A spokesman for the Goliat Tabuni’s TPN-OPM command, Nikolas Tabuni, told West Papua Media in a statement that the killings were not without cause.
“Prior to the incident TNI had wanted to make a military post in the region of Tingginambut and the TPN OPM had sent a letter to the TNI asking them not to’ go ahead with the military post construction at Tingginambut. As that is an area of which the land is formally claimed to be owned by the TPN OPM, and as it is also a sacred area under indigenous customary law of the indigenous community of that area. However TNI disregarded the request (in principle) and continued with the construction. As a result TPN OPM carried out the shooting on 21 February,” the statement read.
Nikolas Tabuni also denied statements from the Indonesian President and Police that the shootings were connected with Indonesian election campaigns in Papua. “This shooting had absolutely nothing to do with the election of the Bupati (Regency leader) for the region of Ilaga in the Regency of Puncak Jaya in the Province of Papua, and had nothing to do with the general election of the Provincial Governor. The shooting was purely concerned with Papuan independence and the activities of the TNI in West Papua.”
Evidence of collective punishment emerges
Despite an effective information blockade imposed by thousands of Indonesian army (TNI) troops and Police, and unchallenged by a compliant Jakarta-based colonial media, detailed reports are beginning to filter through from independent sources in the area of the military offensive, painting a vastly different picture to that reported by Indonesian and international media since the shooting of the Kopassus soldiers.
At least 1000 members of various Indonesian security forces are currently occupying and laying siege to entire communities around Puncak Jaya, with thousands more troops being sent in from other centres in Papua, according to local church, human rights, and sources in contact with West Papua Media stringers across the conflict area.
According to these sources, the villages of Tingginambut, Trugi and Nelekom have been occupied by TNI forces since Sunday February 24, with villagers being forced to give all their food and houses to soldiers, and being subject to arbitrary and harsh interrogations. TPN sources have also stated that troops are using the villages as strategic hamlets to prepare for a hunt and destroy mission to flush out the forces of Tabuni, who have claimed they are well prepared for guerrilla defence.
In Nambut and Gurake (Gurage) villages in Sinak District, security forces began to carry out house to house sweeping operations on February 26, and in villages in Tingginambut, Puncak Jaya. According to our sources, the TNI Commander in the area has commanded “that the sweeping operation is to be continued until the culprits from last Thursdays killings are arrested”. The TNI have stated to local people they “need to see 11 persons sentenced,” according to the reliable source.
Two civilians were said to be arrested on February 27, according to Indonesian military reports, however independent sources could not confirm if any other civilians have been arrested.
As of February 26, at least 18 houses have been burned to the ground, 5 GIDI churches razed, 2 schools and a library have been destroyed by the combined Police/TNI forces in Tingginambut, according to reliable church sources who have safely relayed data from witnesses to West Papua Media stringers. Witnesses have also reported that soldiers are deliberately burning and destroying food gardens and shooting livestock, including over one hundred pigs. There are fears of a major humanitarian disaster unfolding with the reports of the destruction of food gardens and livestock, an act of collective punishment on a civilian population.
Thousands of people from the surrounding villages have fled to the high mountains and according to church sources, the entire community populations have fled throughout the area of Gurake, Sinak, Tinggi Neri, Trugi and Nelekom. Exact numbers are not currently known but local sources indicate that several thousand people, mainly subsistence farmers, live in the area.
Human rights workers have also reported from Mulia in Puncak Jaya that townspeople are greeting news of the offensive with panic and preparing to flee.
Reports are difficult to verify as the only media personnel allowed into the operations area are those with approval from the Indonesian army, and very few of these journalist have actually ventured into the area. Stringers for West Papua Media in Puncak Jaya and the Baliem Valley have reported that independent journalists and human rights workers have been prevented from travelling into the area by a de facto Military Operations Area being applied across the entire highlands, including the regional centre of Wamena.
Civilians are staying off the streets as reliable local sources report a massive combat army and police show of force, including house to house searches. On the morning of February 28, witnesses have reported to West Papua Media stringers that 8 Brimob trucks have left
Wamena heading to Puncak Jaya this morning, with large numbers of troops patrolling the streets across Wamena also..
Thousands more troops flooding in to attempt to destroy Tabuni’s TPN.
Thousands of heavily armed combat soldiers from Battalions 751 (Jayapura), 753 (Nabire) , and supported by the Wamena 756 Batallion, are reportedly being flown into Tingginambut over the next few days from several centres across Papua. They are joining together with over 1000 extra Brimob paramilitary police (in addition to the at least 1000 Polda Papua police already in the highlands), and allegedly several units of the notorious Australian-funded Detachment 88 anti-terror commando, to hunt for Tabuni’s forces. Several media reports in Indonesia are also claiming a Kostrad (Strategic Reserve) battalion is being deployed from outside Papua, though this has not been independently confirmed.
Local sources have reported that each TNI platoon is accompanied by a platoon of police, as the operation is officially under control of the Police as a “law enforcement” operation. However, the witnesses have reported that the TNI are clearly in command. TNI spokespeople in Jakarta have told Indonesian media outlets that there is no plan to increase non-organic troop presence in the area, but local sources are reporting a vastly different story.
West Papua Media sources in Wamena observing the airport have confirmed that two TNI Puma Helicopters are involved in the operation constantly ferrying troops between Wamena and Tingginambut, and stopping only for refuelling and crew changes. Three Hercules c130H aircraft have each made 3 drops to Wamena then the troops have entered by road from Wamena. Observers in Nabire have also noted daily departures of three trucks of troops from the notorious Battalion 753 Nabire, to the west of the highlands to reinforce the offensive in Tingginambut.
Human rights and church sources in Puncak Jaya and internationally have expressed deep concern about the potential for heavy civilian casualties to occur with the intensified military campaign, given extra impetus after the Indonesian President, General Susilo Bambang Yudoyhono, called for firm action on Tabuni.
Multiple narratives from Jakarta
The exact circumstances of the deaths of the eight Kopassus special forces soldiers are now mired in claim and counter-claim, with soldiers’ personal accounts of the attack conflicting with the official narrative picked up by Jakarta media. What is confirmed is that the eight commandos – Sertu (Chief Sergeant) Udine, Sertu Frans, Sertu Romadhon, Pratu (Private 1st class) Mustofa, Sertu Edy, Praka (Chief Private) Jojon, Praka Wempi and Sertu Mudin – were killed by a cascading attack led by guerrillas of Goliat Tabuni’s TPN group as they went to the Sinak airstrip to collect cellular monitoring equipment designed to track international phone communications in the area.
However, one survivor of the attack testified in the Jakarta Post that his group was attacked by men, women and children all carrying spears, machetes and knives. According to the TNI survivors as relayed to JP, the platoon of Kopassus was unarmed at the time of the attack, which happened as the soldiers were installing and moving communications monitoring equipment.
TPN forces also opened fire on a Puma helicopter that was evacuating the wounded commandos, lightly injuring three helicopter crew.
West Papua Media sources have provided a highly credible and technical but unconfirmed report that two “very large weapons” that were being moved into Sinak, and went missing during the raid by TPN. According to our sources, there is “extreme concern from the TNI around this particular issue.”
“Apparently they have been trying to find out the whereabouts of these weapons, which suggests they might be too heavy to quickly and easily move,” explained the source. Further investigation is still required, but credible observers in the area believe that these heavy weapons may be artillery pieces – the presence of which in Puncak Jaya represents a serious and dangerous escalation of TNI hardware to be used against civilians. West Papua Media believes any confirmed presence of artillery is connected with the TNI’s stated aim to destroy Goliat Tabuni’s group, but any use of these weapons will place a large number of civilians at risk. It is not the first time the TNI have used artillery against West Papuan civilians: the Bloody Wamena massacres of 2000 and 2003, as well as the aerial bombardment campaigns in the 1977 and 1984.
Indonesian outrage fuels civil society questions on Papuan motivations for resistance
The killings of the soldiers have generated outrage in Jakarta, with nationalist politicians calling for cordon and destroy missions in what human rights observers have said amount to collective civilian punishment by an occupying force.
Indonesian Deputy Defence Minister Lieutenant-General (LG) (Rtd) Sjafrie Sjamsoeddin – indicted as a war criminal by the UN for his role in East Timor – on Friday ordered the TNI to conduct heavy “tactical actions” in order to prevent the shooting from occurring again. “The tactical action includes to chase, apprehend and destroy,” the deputy minister said here on Friday. He said the latest shootings by the separatist rebels did not affect TNI`s strategic policies in Papua. TNI so far did not have a plan to send more troops to Papua, he added.
However SBY also claimed in an interview with MetroTV that “no violence” would be used to solve the situation. The situation on the ground has illustrated that security forces have no interest in making SBY’s words truthful.
Despite the nationalist rhetoric, there are many in Indonesia who are seeing this as a wake up call to end Jakarta’s use of state violence against civilians in Papua as it default policy.
The Indonesian Regional Representatives Council, or DPD, called for a necessary cessation of military operations to end the prolonged violence in Indonesia’s easternmost provinces, according to a report in the Jakarta Post on Wednesday.
The presence of the non-organic personnel from TNI special forces cause animosity among Papuan groups, who have launched attacks against them, according to the report. “If Jakarta wants to end violence, the militaristic approach has to stop, and all non-garrison troops from the military elite forces must be withdrawn from the two provinces because their presence and their irregular operations have triggered attacks on garrison troops and innocent civilians,” DPD deputy chairman Laode Ida said on Tuesday.
A coalition of Papuan human rights groups urged the National Commission on Human Rights (Komnas HAM) to conduct a thorough investigation into the soldiers’ killings, saying the presence of Komnas HAM could prevent human rights violations that occurred during TNI sweep operations after shooting incidents, according to a report in the Jakarta Globe.
“We encourage law enforcers to be professional in carrying out their tasks. They must ensure that their attempts to find the perpetrators do not turn into seeking revenge against all Papuans,” Ferry Marisan from the Institute for Policy Research and Advocacy (Elsam) said in Jayapura on Monday.
“One has to remember that soldiers who were shot were Kopassus special forces who have been involved in ongoing human rights abuses right across Puncak Jaya, including village burnings, collective arrests and punishment, burning of villages, and acts of torture. Many observers suspect these soldiers were part of units involved in conducting many OTK (Unknown persons) shootings blamed on West Papuans,” a long time human rights worker in the highlands told West Papua Media by email. “These are not innocence, nor babes in the woods; Kopassus are the original wolves in the forest.”
Still, other observers believe the actions point to an assertion of tribal identity, as a complex motivator behind the declaration of Papuan sovereignty inherent in the armed resistance against Indonesia’s militarist policy in the highlands. An Australian church worker who worked for many years with highland communities in Puncak Jaya made the observation to West Papua Media that this was not simply an act of resistance to Indonesian colonisation, but an assertion of traditional and indigenous Papuan law and cultural survival against the onslaught of an occupying colonial army.
“This must be looked at from another perspective that is relevant. As many indigenous communities including Australian Aboriginal Peoples and traditional highland Papuan people, observe around the world, if outsiders came into their sacred lands, they would also feel compelled at whatever cost to themselves to spear the outsider to compensate (violations of) their traditional law if they belonged to the clan that was legally responsible (under customary law) to guard that site,” she explained.
“Indigenous Law is simply not negotiable on things like that. Things have only changed in Australia because non-Indigenous systems have for years now in Australia been locking up those indigenous peoples who have acted to maintain their law,” the former church worker explained.
“As I understand the TNI despite warnings were acting in a way that broke the Papuans’ traditional laws regarding adat (Customary law), and as the TPN are still holding strong to their traditional laws, so they acted in accordance with the laws they are living by. I can’t see any difference at that level as Melanesian peoples separated historically but only a short distance of water. The difference is that the TPN OPM represent groups that have not yet been overcome by the laws of a colonising power whereas RI does not recognise the traditional Papuan customary laws,” she said
A prominent Papuan human rights activist, Yasons Sambon, has reported that the killings are causing many military families to reconsider their support for the Indonesian colonial occupation of Papua. In an interview with the wife of one of the eight soldiers killed at Sinak, recorded on February 23 after the soldiers funeral in a car by the old market in Sentani, the widow called for Indonesia to abandon its occupation of Papua.
The wife of an Indonesian soldier from Sentani said in a regretful tone, “SBY would be better off giving independence to the people of Papua if it meant our husbands wouldn’t become victims. Our husbands have been murdered. What will be my fate, and the fate of my children, now that my husband has been murdered? We want to hold onto our husbands but they also have a duty to the country. They are murdered and it’s the women and children who become victims, because if they aren’t at work, then what will we eat?”
“It’s better if independence is given to the people of Papua so that we can be safe,” she said.
*from the West Papua Media Editorial team, with additional reporting from stringers in Wamena, Tingginambut, Jayapura, Nabire and sources in Jakarta.
(Please Note: West Papua Media will as a matter of policy republish Urgent Appeals from AHRC and other renowned human rights networks such as Tapol, Amnesty, and Human Rights Watch, as these appeals continue to meet our standards of news verification. Whilst the structure of these letters technically fall under advocacy and not journalism as such, it is still a matter of great public interest that they are published, and we can attest to their factuality as we have independently verified claims therein)
ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME
Urgent Appeal Case: AHRC-UAC-025-2013 22 February 2013
INDONESIA: Guards torture 20 prisoners at the Abepura Correctional Facility, Papua
ISSUES: Inhuman and degrading treatment; torture
The Asian Human Rights Commission (AHRC) has received information regarding the torture of twenty prisoners at the Abepura Correctional Facility, Papua, on 21 January 2013. Information gathered by local activists reveals that the torture was conducted by three prison guards with the acquiescence of the head of the prison. The victims were beaten with bare hands as well as whipped with thick wire until some parts of their bodies were bleeding. Despite the injuries suffered the prison guards did not give any medical treatment to the tortured prisoners.
According to local activists from KontraS Papua, Bersatu untuk Kebenaran (BUK), and SKPKC Fransiskan Papua, three new prisoners were admitted to the Abepura Class II.A Correctional Facility at around 6pm on 21 January 2013. The other prisoners made spontaneous comments to welcome the new prisoners such as “welcome to the prodeo hotel” and “welcome to isolation”. Not long afterwards, two prison guards named Bonifasius Manuputy and Yulianan Wanane ordered the inmates’ coordinator (tahanan pendamping, tamping) to unlock cell number 5 and asked all the five prisoners staying there to exit the cells. The prisoners were ordered to walk in a crouch position to the guards’ office which is about 100-150 meters away from the cell.
Bonifasius Manuputy started beating the prisoners once they reached the guards’ office. At this stage, another prison guard called Eli Asip Wamuar also joined Bonifasius in torturing the prisoners by whipping them with a thick white wire. The diameter of the wire was about 10 inches and its length was around 2 meters. As the prisoners from cell five were being beaten, the other prisoners staying in other cells made noises, asking Bonifasius not to torture the prisoners from cell number 5. It was alleged that the beating took place because the guards got annoyed with the prisoners’ welcoming remarks addressed to the new enrolled prisoners.
At around 6.30pm on the same day, Eli Asip Wamuar ordered the inmates’ coordinator to unlock cell number 2 and 3. There were seven prisoners inside cell number 2 and eight prisoners inside cell number 3. All prisoners staying in both cells were asked to walk to the guards’ office in a crouch position as well. As their fellows from cell number 5, those prisoners were also whipped by Eli Asip Wamuar in their body using the thick white wire. As a result, the prisoners suffered wounds and injuries to different parts of their body including arms, back, and shoulder. Some parts of their body were also bleeding and bruised. One of the prisoners, Pelius Tabuni, had his left arm broken, allegedly caused by the severe beating with the thick wire. The head of the Abepura Correctional Facility, Nuridin, as well as the Head of the Correctional Facility’s Security Unit, Juwaini, were present as the torture was taking place.
After the beating the prison guards simply put the prisoners back in their cells without giving them any medical treatment which could have been made available at the prison’s clinic despite the injury they suffered.
This is not the first time that a report on the allegation of torture at the Abepura Correctional Facility has been received by the AHRC. Previously in June 2012, the AHRC released an urgent appeal concerning the torture of 42 prisoners and detainees at the same correctional facility. The AHRC was informed that after heavy criticism directed by human rights activists at that time, the then Head Correctional Facility Liberti Sitinjak was replaced by Nuridin in 2012. However, no criminal investigation was conducted on this matter that those responsible for such abuse remain unpunished.
In a greater picture, torture is no longer a new issue in Papua in general. In 2010, a video revealing military officers torturing a Papuan man was released but the perpetrators were sentenced only to 9-12 months imprisonment. The AHRC has also recently published an urgent appeal concerning the torture of seven Papuans by Indonesian police in Jayapura on false allegations for having a relationship with pro-independence activists.
SUGGESTED ACTION: Please write to the authorities listed below asking for their intervention in this matter. The torture allegation should be impartially and effectively investigated that those responsible for it will be punished proportionately. Please also urge the authorities to provide compensation and medical treatment needed for the loss and injury suffered by the victims.
The AHRC is writing separately to the UN Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
To support this appeal, please click here:
INDONESIA: Prison guards tortured 20 prisoners at Abepura Correctional Facility, Papua
Name of victims: 1. Pelius Tabuni, 32 year old, left arm got broken and suffer wounds in his shoulder and back;
2. Gidion Hanuebi (Bob), 37 year old, suffers wounds in his back;
3. Serko Itlai, 19 year old, suffers wounds in his back;
4. Yoris Fernando W. Rengil, 17 year old, suffers wounds in his back;
5. Ami Wenda (Soy), 25 year old, suffers wounds in his back and arms;
6. Roy Olvin Wally, 31 year old, suffers wounds in his back and left arm;
7. Ormi Wandik, 17 year old, suffers wounds in his back and arms;
8. Roy Kabarek, 37 year old, suffers bruises in his forehead and jaws as well as wounds in his back;
9. Irsan Mananggel (Irs), 19 year old, suffers wounds in his back and arms that he could not move his arms for a couple of days;
10. Yosua Merahabia, 41 year old, suffers wounds in his back and left arm;
11. Samuel Waren, 26 year old, suffers wounds in his back and arms;
12. Yakobus Bue, 20 year old, suffers wounds in his back and arms;
13. Hendro Wambrau, 21 year old, suffers wounds in his back, left arm and left elbow;
14. Ibe Huby, 22 year old, suffers wounds in his back as well as bruises in left ear;
15. Kaharudin, 28 year old, suffers wounds in his back and right arm;
16. Kaleb Mantanaway, 21 year old, suffers wounds in his back and arms;
17. Imanuel Mauri, 21 year old, suffers bruises in his back of head and ears;
18. Zikenele Hisage, 20 year old, suffers wounds in his back and right arm;
19. Widodo Santoso, 26 year old, suffers bruises in his forehead;
20. Ahmad Alia, age unidentified, suffers wounds in his back. Names of alleged perpetrators: 1. Eli Asip Wamuar, prison guard
2. Bonifasius Manuputy, prison guard
3. Yulianan Wanane, prison guard
4. Juwaini, Head of Abepura Correctional Facility’s Security Unit
5. Nuridin, Head of Abepura Correctional Facility Date of incident: 21 January 2013 Place of incident: Abepura, Papua
I am writing to express my deep concern regarding the torture of prisoners which took place in the Abepura Class II, a Correctional Facility. I received the information that 20 prisoners were tortured by three prison guards with the acquiescence of the Head of the Correctional Facility as well as the Head of the Correctional Facility’s Security Unit on 21 January 2013.
I have been informed that on the day in question at around 6pm, three new prisoners were admitted to the correctional facility. Responding to it, the other prisoners were making spontaneous welcoming remarks such as “welcome to isolation” as well as “welcome to the prodeo hotel”. Not long afterwards, two prison guards named Bonifasius Manuputy and Yulianan Wanane asked the inmates’ coordinator (tahanan pendamping, tamping) to unlock cell number 5 and ordered the prisoners staying there to walk to the guards’ office in a crouch position. Once they reached the office, the prisoners were beaten by Bonifasius and whipped with a thick white wire by another prison guard named Eli Asip Wanuar. The white wire was about 2 meters long. During the beatings and whippings, the other prisoners made noises asking the prison guards to stop torturing their fellow inmates.
Eli Asip Wanuar later ordered the inmates’ coordinator to unlock cell number 2 and 3 and also asked the prisoners staying there to walk in a crouch position to the guards’ office. Similarly, the prisoners from these two cells were beaten and whipped by the prison guards. Nuridin, the Head of Abepura Correctional Facility, as well as Juwaini, the Head of the Correctional Facility’s Security Unit were present during the torture and did not do anything to stop it from happening.
I was told that due to the beatings and whippings, the twenty prisoners suffer wounds and injuries to several parts of their body. It was reported that one of them, Pelias Tabuni, had his left arm broken. Even though the prisoners were injured and bleeding, the prison authorities did not provide them with any medical treatment afterwards and just put them back in their cells.
I am concerned that torture is still practiced in your country, despite the fact that Indonesia is a state party to the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the right not to be tortured is guaranteed under the 1945 Constitution. I am particularly disturbed knowing that this is not the first time I received the report that torture is taking place in Abepura Class II.A Correctional Facility. I am aware it was previously reported that 42 prisoners and detainees were tortured at the same correctional facility in April last year and that the perpetrators are still unpunished as of today. It saddens me that the Indonesian government and law enforcement officials do not take torture as a serious matter that deserves serious concern and efforts. Those who are responsible for such abuse are hardly taken before the court. Even for cases that managed to reach the court, the perpetrators have always been punished with light sentence that does not reflect the gravity of the abuse.
I therefore urge you and your institution to prove your commitment in combating torture and enforcing law and human rights in your country. The torture allegation in this case should be impartially and effectively investigated that those responsible for it are punished proportionately according to law. I also wish to emphasise that, under international human rights law, not providing detainees or prisoners with adequate medical treatment may also constitute torture that you are also obliged to give any health assistance needed by the victims in this case. Compensation should also be adequately granted to them.
I look forward for your positive and prompt response in this matter.
2. Ms. Harkristuti Harkrisnowo
General Director of Human Rights
Ministry of Law and Human Rights
Jl. HR Rasuna Said Kav. 6-7
Kuningan, Jakarta 12940
Tel: +62 21 525 3006, 525 3889
Fax: +62 21 525 3095
3. Mr. Mochamad Sueb
General Director of Corrections
Ministry of Law and Human Rights
Jl. Veteran No. 11
Tel: +62 21 385 7611
Fax: +62 21 345 2155, 231 2140
On Thursday 28th Feburary 2013 at 11.oo o’clock Papuan time the third session of responses to the Public Prosecutor was held regarding the Legal Council’s Letter of Exception from the 14th February 2013.
In the Letter of Exception, concerning the indictment read by the Legal Council, there was the following:
1. 1. Procedures were undertaken without compliance to regulations set out by KUHAP (the law code of criminal procedure), with the consequence that the investigation conducted with the publication of the Prosecution’s Indictment Letter is invalid.
2. The indictment letter by the brother of the Public Prosecutor isn’t accurate, isn’t clear and doesn’t comprehensively state the charges against the defendant.
3. The actions of the defendants can be categorised as criminal offences intended in the first indictment:
Article 2, Paragraph (1) Emergency Act 12 (1951)
Article 55, Paragraph (1) The first KUHAP and/or the second indictment
Article 106, KUHP (Indonesian Criminal Code)
Article 55, Paragraph 1 (the first)
4. It states the process of the investigation into the defendant is flawed.
5. It states the letter of indictment is not clear, accurate or complete.
6. It states the criminal actions of the defendant are not in fact criminal actions as included in the Indictment: Article 2 paragraph (1) Emergency Law 12, 1951. Article 55 paragraph (1) the Criminal Code (KUHP) and/or Indictment 2 : Article 106 Criminal Code (KUHP). Article 55 paragraph (1) Ke-1
7. It states ‘null and void’ or at the very least, cannot receive the indictment letter by the Public Prosecutor numbered Reg.PDM-02/TMK/Ep.2/01/2013 from the 17th January 2013.
8. Releasing the defendant of all charges and lawsuits.
9. Freeing the defendant from custody and reinstating the defendant’s good name. But, the Public Prosecutor’s brother is Andita.
Riskianto, SH rejected the Exception Letter by the Legal Counsel and requested that the Timika District Court have the power to investigate and prosecute this case. A further hearing will be held on Thursday 7th March, 2013.
Meanwhile, Legal Counsel Ivonia Tecjuri told reporters and family that the exception wouldn’t be changed. “We’re keeping the original exception,” she said.
AMNESTY INTERNATIONAL URGENT ACTION
Two Indonesian men now arbitrarily detained in Jayapura, Papua province, are believed to have been tortured or otherwise ill-treated by police.
Daniel Gobay and Matan Klembiap are currently detained at the Jayapura district police station in Papua province. Police officers allegedly tortured or other otherwise ill-treated them and five other men while interrogating them about the whereabouts of two pro-independence activists. They have not received medical treatment and they have not had access to a lawyer since their arrest.
According to credible sources, plainclothes police officers arbitrarily arrested Daniel Gobay and two other men on the morning of 15 February 2013 in Depapre, Papua province. The three men were first forced to crawl on their stomachs to the Depapre sub-district police station approximately 30 metres away and then moved to the Jayapura district police station an hour later. There they were then forced to
strip, were kicked in the face, head and back, and beaten with rattan sticks. Police officers allegedly pressed the barrels of their guns to their heads, mouth and ears. They were interrogated until late at night and in the morning of the following day.
Matan Klembiap and three other men were arbitrarily arrested separately by plainclothes police officers on the morning of 15 February in Depapre and taken to the Jayapura district police station.
The four men were also forced to strip and were kicked and beaten with rattan sticks and wooden blocks by police officers. One of the men has testified on video that police gave him electric shocks.
On 16 February, five of the men were released without charge but Daniel Gobay and Matan Klembiap remain in police custody and are reportedly to be charged with “possession of a sharp weapon” under the Emergency Regulation 12/1951.
Amnesty International has asked that readers “Please write immediately in English, Indonesian or your own language calling on authorities in Indonesia” to take the following urgent action:
To ensure that Daniel Gobay and Matan Klembiap are not tortured or otherwise ill-treated;
To ensure that the two men have access to medical treatment, and to lawyers of their choosing; and
To immediately order an effective and independent investigation into the allegations of torture and other ill-treatment of the seven men by police officers. Suspected criminal offences involving human rights violations must be dealt with through the criminal justice system, rather than only internally and as disciplinary breaches to ensure that all those responsible for torture and other ill-treatment, including persons with chain of command responsibility, are brought to justice in fair trials, and that victims are provided reparations. Particular attention must be paid to the protection of victims, witnesses and their families.