Daily Archives: February 26, 2013

AHRC: Guards torture 20 prisoners at the Abepura Correctional Facility, Papua

(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
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INDONESIA: Guards torture 20 prisoners at the Abepura Correctional Facility, Papua

ISSUES: Inhuman and degrading treatment; torture
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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.

CASE NARRATIVE:

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.

ADDITIONAL INFORMATION:

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:

SAMPLE LETTER:

Dear ___________,

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.

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Mr. Susilo Bambang Yudhoyono
President of Republic of Indonesia
Jl. Veteran No. 16
Jakarta Pusat
INDONESIA
Tel: +62 21 386 3777, 350 3088.
Fax: + 62 21 344 2223, 3483 4759
E-mail: presiden@ri.go.id

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
INDONESIA
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
Jakarta Pusat
INDONESIA
Tel: +62 21 385 7611
Fax: +62 21 345 2155, 231 2140

4. Gen. Timur Pradopo
Chief of the Indonesian National Police
Jl. Trunojoyo No. 3
Kebayoran Baru, Jakarta Selatan 12110
INDONESIA
Tel: +62 21 384 8537, 726 0306
Fax: +62 21 7220 669
E-mail: info@polri.go.id

5. Ir. Gen. Drs. Tito Karnavian
Chief of Papua Regional Police
Jl. Dr. Sam Ratulangi No. 8
Jayapura
INDONESIA
Tel: +62967 531 014, 533 396
Fax: +62967 533 763

6. Mr. Otto Nur Abdullah
Chairperson of the National Human Rights Commission
Jalan Latuharhary No.4-B,
Jakarta 10310
INDONESIA
Tel: +62 21 392 5227-30
Fax: +62 21 392 5227
Email: info@komnas.go.id

Thank you.

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

Response to Prosecutor’s exception in trial of KNPB TImika six

Apologies for the delay in translation and posting.

via KNPBNews

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Head KNPB Timika Region, Steven Itlay

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.

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Steven Itlay being led to caught by armed police (photo: KNPBNews.com)
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Indonesian police have show of force in treason trial (Photo: KNPBNews.com)
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Legal Counsel, Ms. Ivonia Tecjuari, SH memberika press conference after the hearing (Photo: KNPBNews.com)

 

Amnesty: Two men detained, feared tortured in Papua

UA: 48/13 Index: ASA 21/005/2013 Indonesia

22 February 2013

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.

Amnesty International