Strange conduct in the Pastor Frederika murder trial

from our friends at SuaraPapua.com

Sunday March 3rd, 2013

Investigation by Oktovianus Pogau

There is much that is strange in the process of the trial over the killing of Pastor Fredrika Metalmeti (38) on November 21st 2012 in Boven Digoel, Papua.  The conduct of Military Tribunal III-19 Jayapura gives the impression of protecting the shooter. What is this process? Read below.

On November 21st 2012, a dark history began for the big Metalmeti and Imogoti families in Boven Digoel province and Merauke province, Papua, Pastor Frederika Metalmeti (38), first child of George Metalmeti (68) and Ida Imogoti, was found horribly killed on the Trans Asiki road, Boven Digoel, Papua.

Terdakwa oknum anggota TNI, Sertu Irfan (kanan) sedang mengenakan topi (Foto: Oktovianus Pogau/SP)
Unscrupulous members of the military, Defendant Sergeant Irfan (right) is wearing a hat (Photo: Oktovianus Pogau / SP)

Initially, at around 6:00am, the Head of Komba District, Manyu Waremba (46) together with his wife and child came to the scene of the crime, and found the victim’s body lying in bushes, near the Trans Asiki Road.

“My house is about 200 metres from the scene, early in the morning around 3:30am I heard someone calling for help accompanied by the sound of gunfire. Because I was scared, I intended to investigate in the morning together with my family” said Waremba, in Military Tribunal testimony Dock 5, Jayapura, 11th February 2013.

Waremba immediately reported his discovery of the corpse to three police officers on guard at the police post not far from the location of the body. The three police officers together with local residents eventually came to the scene. Indeed, the body of the woman lay bloody, motionless and stiff.

“After this I called the police station and together with local people we went to the scene, and we found the victim sprawled in bushes with much blood on her body” said Manggaprouw, member of Boven Digoel Police, in their testimony at the Military Tribunal, Jayapura.

Then, the Boven Digoel Police Chief immediately arrived at the scene, accompanied dozens of his men. When attending the crime scene, police found three pieces of ammunition, type FN 45, that were still active.

A pink helmet, belonging to the victim, was also found, as were jeans (denim) shorts. The victim’s shirt was opened to cover her face, which was a men’s shirt reading ‘Kwarcab Digoel District Scouts’.

At approximately 8:00am, police took the body to the Regional General Hospital for autopsy.

Before this, several nuns were asked to bath the victim who later became known to be Frederika Metalmeti, Pastor of the Bethel Church of Indonesia (GBI), Boven Digoel.

The nuns who bathed the corpse claimed to find three gunshot wounds on the victim’s body. The first of these shots on the side right of the head, the second on the left of the chest, and the third on the victim’s right arm.

According to the nuns, the face and back of the victim’s head had been shattered by a blow from a blunt object. Allegedly, the accused wanted to erase the remains of the gunshot wound on the victim’s head.

To determine the perpetrators of the shooting, the police summoned parties believed to have been close to the victim for questioning. There were seven witnesses from the Metalmeti family that were interrogated by Boven Digoel police.

One witness that was summoned was the victim’s younger sister, Helen Metalmeti (30). In testimony to the investigator, Helen told of all she know of the victim whilst she lived, including whom the victim was close to.

“Mr Lieutenant Colonal Eko Supriyanto, former commander of 1711/Boven Digoel, who now serves as the Head of Korem 174/ATW Merauke, was the person most close to the victim.  We know that my sister was dating him, and Mr Eko had come to our home to announce it,” said Helen, when meeting with suarapapua.com recently in Jayapura, Papua.

According to Helen, the relationship between the former Commander of 1711/Boven Digoel and the victim could be said to be very close, as there was an intention to hold a wedding in Malang, East Java, the home region of the former commander.

Whilst the Boven Digoel police were investigating the case which scandalised the residents of Boven Digoel, the Indonesian Military (TNI) in District Military Command 1171/Boven Digoel also conducted an investigation into several of their men.

In Boven Digoel district, no entity, including the Police and the Special Forces Task Force, has arms of type FN 45, except for members of the TNI Intelligence Unit, District Military Command 1711/Boven Digoel.

“After the Boven Digoel Police Chief Commander called the Dandim (Regional Military Commander), I together with several members also visited the scene to see the victim’s body, but because it had already been closed off by police, we could not enter,” said Captain Riki Pelani of District Military Command 1171/Boven Digoel Intelligence unit, when giving a testimony to the Military Tribunal on 19th February 2013.

According to Captain Riki, after knowing of the discovery of ammunition type FN 45, all men of the District Military Command 1171/Boven Digoel Intelligence Unit, totalling 12 people, were gathered to investigate each weapon.

Because, he says, if one has just recently been used to shoot with, then when smelt there will be the smell of smoke at the end of the weapon.

“I ordered First Sergeant (Sgt) Sumarlianto to gather all of our men’s guns, and after this I, together with (the) Dandim, investigated all of their guns in the room. Only the gun of Sgt Irfan was very clean and shiny because it had been cleaned with oil,” said Captain Riki.

According to Captain Riki, since then both himself and Dandim suspected Sgt Irfan as the culprit, as it also became known that Sgt Irfan was close with the victim for the past few months.

“We also received news that indeed Irfan was close with the victim. Dandim ordered us to hold Irfan, and First Sgt Marlianto and I were ordered to investigate Sgt Irfan,” asserted Captain Riki.

Then on November 22nd 2012, at 8:00am after morning assembly, Sgt Irfan was detained in the intelligence room and examined until 6:00pm that afternoon.

“Sgt Irfan did not confess during the questioning. At a meeting with Dandim at 7:00pm that evening, we received a report that Sgt Irfan had escaped.” said Captain Riki.

The escape strengthened the Dandim’s and his suspicions that the person who shot Frederika was Sgt Irfan, so he spread his men to several places to arrest Sgt Irfan.

During two days of searching, the members did not find Sgt Irfan. On the third day, 25th November 2012, he received news that the culprit was hiding in transit, in the Sudirman family home.

“Together with Dandim, several men and I immediately headed to the hiding place of the accused, and we immediately arrested him, and then took him to Korem 174/ATW Meruake for further investigation,” said Captain Riki.

Later, on his way to Korem 174/AWT Merauke. Sgtt Irfan confessed to the shooting of Pastor Frederika Metalmeti, on 21st November 2012.

How is the investigation of the accused progressing with the Police/Military in Merauke? Are the families being informed of the latest of the case investigation? Why did Sgt Irfan recklessly kill Pastor Frederika so sadistically?

Part 2 of this investigation will soon be presented.

Oktavianus Pogau is an independent Papuan journalist and founder of indigenous media outlet SuaraPapua.com.

Paniai: TWO OPM members to face charges: Others are being hunted by police

Bintang Papua
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.

End of Translation

 

Eight soldiers and four civilians reported killed in West Papua: Plus Comment

Bintang Papua
22 February 2013

Jayapura: Following the deaths of eight members of the Indonesian army, it is reported that four civilians were also killed in the shooting by an armed group in the district of Tingginnambut, Puncak Jaya.  The names of the four civilians are given as well as the names and ranks of the soldiers who lost their lives.

The chief of police in the area said that the bodies of the victims, the soldiers and the civilians, would be moved  and a team will be set up, in co-ordination wih the army to investigate  the killings. Furthermore, he said that security forces in the area will be strengthened.

[The above is s very much abridged translation of many lengthy reports which have appeared in the press about the fate of the eight  soldiers.]

COMMENT:  While huge attention is being given to the fate of eight members of the Indonesian army, we who have been closely  following the situation in West Papua for years are struck by the fact that little, if anything, is ever reported by the media or the security forces about the scores of Papuans who have been killed or injured, their homes burnt down, villagers evicted from their land, their forests despoiled and trees cut down, with devastating consequences for the local villagers whose lives depend on the forest lands and rivers for hunting and fishing.. With journalists and human rights organisations strictly prohibited from visiting West Papua, the outside world is being kept ignorant of what has been happening to the indigenous population ever since West Papua was fraudulently incorporated into Indonesia in 1963. Carmel Budiardjo]

MAJOR INVESTIGATION COMING SOON FROM WPM

 

Seven Papuans are arrested and tortured on false allegations of having a relationship with pro-independence activists

By Asian Human Rights Commission

Urgent Action report

19 February 2013

The Asian Human Rights Commission (AHRC) has received information regarding the arbitrary arrest and torture of seven Papuans which took place on 15 February 2013. The victims were driving home in two cars when the police stopped them as they were looking for two pro-independence activists. The victims were later brought to the police station where they were further questioned on the whereabouts of the activists. They were severely beaten, kicked and electrocuted before being five of them were released without charge the next day. However, as at the time of writing two of the victims remain in police custody.

CASE NARRATIVE:

According to interviews and fact gathering conducted by local activists, including Yasons Sambom, on 15 February 2013 at 9am, a silver painted car stopped Daniel Gobay, Arsel Kobak and Eneko Pahabol who were driving on their way home from Depapre to Doprena. Five police officers, one of whom was identified as Iptu Beduh Rahman, got out of the silver-painted car and pointed their weapons at Daniel, Arsel and Eneko. The police then ordered the three men to crawl on their stomachs to Depapre Sub-District Police Station which is approximately 30 metres away from the place where they were stopped. (Picture 1: Eneko Pahabol, source: local activist).

An hour after they arrived at Depapre Sub-District Police Station, Daniel, Arsel and Eneko were taken to Jayapura District Police Station. The police started questioning three of them on the whereabouts of Terianus Satto and Sebby Sambom, two pro-independence activists whom Daniel, Arsel and Eneko do not have any relationship with. Eneko Pahabol told the local activists that he was repeatedly kicked in his face by officers who were wearing police boots. The officers kicked him both in his left and right knees which caused them to bleed. Eneko and his friends were also beaten with a rattan stick as well as being electrocuted on their legs. The police officers pressed the barrels of their guns to their heads, forced them into their mouths and ears. Arsel Kobak told the AHRC that he was asked to take his clothes off and kicked on his head, face and back by the police officers. As a result, his mouth and nose were bleeding, his forehead was wounded and he is now experiencing hearing difficulties.

On the same day at around 10am, the police separately stopped another car which was carrying Yosafat Satto, Salim Yaru, Matan Klembiap and Obed Bahabol. As with Daniel, Arsel and Eneko, they were also stopped by police officers in a silver-painted car in Depapre on their way home. The police officers were wearing civilian clothes and carrying Pindad SS-1 assault rifles which they pointed at Yosafat and his friends. They firstly took Yosafat, Salim, Matan and Obed to Depapre Police Station but later moved them to Jayapura District Police Station. As they arrived at Jayapura District Police Station, Yosafat and his friends were ordered to take their clothes off before the police officers started beating and electrocuting them. The officers also pressed their guns to the heads of Yosafat, Salim, Matan and Obed and asked whether they know anything about the whereabouts of Terianus Satto and Sebby Sambom. None of them know Terianus and Sebby Sambom so Yosafat as well as his three other friends told the police that they do not know anything, an answer that made the officers tortured them even more severely. The officers kicked, beat them with rattan sticks on their backs until they were bleeding, as well as electrocuted them in the face. (Picture 2: Yosafat Satto, source: local activist)

Obed Bahabol told the local activists that they later were interrogated separately and he was the first person to be questioned by a police officer. The police officer jammed the barrel of his gun to his mouth so forcefully that his tooth was broken. The officer also repeatedly beat Obed on his forehead that it was bleeding because Obed told the police that he had no idea on the whereabouts of Sebby Sambom. (Picture 3: Obed Bahabol, source: local activist).

On the next day on 16 February 2013, five of the seven arrested persons were released without charge. As the time of writing, Daniel Gobay and Matan Klembiap are still detained in the police custody, allegedly for possessing bladed articles. However, the charge and their reason of detention are still subject to clarification. Neither Daniel nor Matan has any legal representation as of the time of writing.

ADDITIONAL INFORMATION:

In his report in 2008, the UN Special Rapporteur on Torture and other Cruel, Inhuman or Degrading Treatment or Punishment highlighted that torture is practised widely across Indonesia, including Papua. In 2010, for instance, the AHRC released a video online which depicts military officers brutally torturing an indigenous Papua. Last year, the AHRC also issued an urgent appeal on the torture of 42 prisoners and detainees by prison authorities at Abepura Correctional Facility.

Despite the abuse took place, little have been done by the Indonesian authorities to make sure the perpetrators are punished proportionately to provide justice for the victims. Military officers who were responsible torturing a Papuan on the video in 2010 were sentenced only to 9-12 months imprisonment while the allegation on torture at Abepura Correctional Facility has never been investigated by the police.

Indonesia has been a state party to the UN Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment since 1998. Torture is not yet a crime under the country’s legal system that state officials who conducted such abuse are usually unpunished or charged with provisions on assault under the Penal Code whose punishment do not reflect the gravity of the act. For example, the Muaro Sijunjung District Court recently sentenced four police officers responsible for the torture and death of two minors only to 18 months to three years imprisonment.

Response to Call to Apply Indonesia’s Anti-Terrorism Law in West Papua

by Ed McWilliams

February 2, 2013

Edmund McWilliams is a retired U.S. Foreign Service Officer who served as the Political Counselor at the U.S. Embassy in Jakarta 1996-1999. He received the American Foreign Service Association’s Christian Herter Award for creative dissent by a senior foreign service official. He is a member of the West Papua Advocacy Team and a consultant with the East Timor and Indonesia Action Network (ETAN).
In a December 5, 2012 lecture at Stanford University’s International Policy Studies program ( revised January 22, 2013), the respected Southeast Asia analyst Sidney Jones discussed the Indonesian government’s unwillingness, thus far, to categorize the Papuan “ethno-nationalists/separatists” as “terrorists.” Jones identifies these Papuan “ethno-nationalists” and “separatists” as the armed Papuan opposition, Operasi Papua Merdeka (OPM) and what she describes as “an extremist faction of KNPB, the West Papua National Committee, a militant pro-independence organization.” Jones cites various incidents of violence in West Papua that she claims were committed by these “ethno-nationalists and separatists.”


The authors of violence in the Indonesian archipelago, especially violence with complex motives, are never so clear cut as her lecture implies. This is especially true of West Papua where police-military rivalries over access to resources and sources of extortion monies is well known.



Her analysis focuses on the different approaches employed against the West Papuan “ethno-nationalists/separatists” and against Islamic militants (“jihadists”) by prosecutors and the security forces (police, military and Detachment 88). Jones contends that “the discrepancy between the way the two groups are treated by the legal system is untenable.” She considers two alternatives: One would be to employ anti-terrorism law in West Papua, and the other would entail moving away from the use of anti-terror law against “jihadists.” She argues extensively against the latter approach of “pulling back from the use of the anti-terror law.”

Jones contends that pressure for use of the anti-terror law against “ethno-nationalists/separatists” is growing among Islamic observers. In particular, she cites Harits Abu Ulya, director of the Community of Ideological Islamic Analysts (CIIA): “If the government is consistent, then it should acknowledge that attacks motivated by ethno-nationalism and separatism be considered terrorism because they are carried out by an organization with a political vision that uses terrorism to influence the security environment and challenge(s) the sovereignty of the state. Why aren’t we seeing forces being sent en masse to cleanse Papua of separatism?”

Jones’ argument warrants a more detailed critique than space here allows, but even a brief review reveals a number of problems.

Jones summarily credits recent violent acts in West Papua to the “ethno-nationalists and separatists.” This is surprising insofar as Jones is a highly regarded observer of the Indonesian political scene with a deep human rights background. She knows, or should know, that the authors of violence in the Indonesian archipelago — especially violence with complex motives — are never so clear cut as her lecture implies. This is especially true of West Papua where police-military rivalries over access to resources and sources of extortion monies is well known. Jones should know also that military, police and intelligence agencies, have long played the role of provocateur, orchestrating acts of violence which advance agendas that are invariably obscure.

Jones cites what she claims is recent “ethno-nationalist” pressure on the giant Freeport McMoRan mining operation. She ignores the reality that such pressure in the past has frequently been orchestrated by the military, specifically the Indonesian Special Forces (Kopassus). To be fair, Jones alludes to this complexity but largely dismisses it. Her analysis similarly ignores the reality that the Indonesian state has long blocked international monitoring of such security force skullduggery and manipulation of the security environment in West Papua by restricting travel by international journalists, human rights researchers and others to and within the region.

Jones also fails to acknowledge the reality, widely noted in international and local human rights circles, that the Indonesian government has long sought to smear peaceful dissent in West Papua as “separatist.” Jakarta, through the aegis of a corrupt court system and often criminal state security forces, has repeatedly employed the “separatist” label to arrest and prosecute or detain peaceful political dissenters, such as those who display the Papuan morning star flag. Courts regularly resort to charges of treason that date to the Dutch colonial era and widely used by the Suharto dictatorship to intimidate dissidents. Jones’ call for Indonesia to define “separatism” as “terrorism” would deepen Jakarta’s targeting of peaceful dissent and the intimidation of Papuans generally. Use of the anti-terror law would enable the police to detain “separatist” suspects, including those engaging in peaceful protest, for a week rather than 48 hours. The law also empowers the police to employ electronic surveillance. Ongoing efforts would strengthen the anti-terror law to give the police even broader powers to limit the freedom of speech and assembly.


The argument to employ the “terrorist” label against “ethno-nationalist and separatist” groups and individuals in West Papua could have direct legal implications for international solidarity movements.



Jones claim that the West Papua Nationalist Committee (KNPB) is a “extremist,” is without substantiation. Criminal activity by some alleged members of the KNPB is generally not well corroborated and usually reflects efforts by the State to undermine the organization. The KNPB, and many other Papuan organizations and individuals are indeed ever more strongly pressing for Papuan rights, importantly including the long-denied Papuan right to self determination. But these efforts are largely nonviolent.

In recent years, this struggle has found growing support within the international community. Employing the “terrorist” label against “ethno-nationalist and separatist” groups and individuals in West Papua could have direct legal implications for international solidarity movements. In the U.S., groups or individuals who advocate on behalf of groups designated by the U.S. government as “terrorists” are subject to criminal prosecution. Given the close relations among governments, including those of the U.S. and Australia and Indonesia’s security forces, Indonesian government labeling dissidents in West Papua as “terrorist” could have dire implications for the solidarity network. How long would it be before the U.S. and other governments themselves begin to label various Papuan groups and individuals as ‘”terrorist.” U.S. and other international groups acting in solidarity with Papuans seeking to attain their rights could be criminally targeted and charged.

In sum, the Jones analysis is hobbled by the very term “terrorism” which is so poorly defined international law and procedure as to threaten and intimidate even those groups and individuals engaged in peaceful dissent.

In a final note, Sidney Jones, who was the Asia Director for Human Rights Watch from 1989 to 2002, should at a minimum explicitly reject the call by Harits Abu Ulya that she cites in her lecture for the Indonesian government “to cleanse Papua of separatism.” Such rhetoric gives license to the kind of atrocities already visited on the people of the Indonesian archipelago, including Timor-Leste, for far too long.

Also

Posted here: http://www.etan.org/news/2013/01response.htm

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