Category: Urgent Action

Rallies to support Papuan leaders facing treason trials on Monday

January 28, 2012

by Nick Chesterfield at Westpapuamedia.info with sources

West Papua’s civil resistance movement is believed to be organising major demonstrations to support West Papuan leaders facing treason charges in Indonesia’s courts on Monday, January 30.

Indonesian prosecutors will begin proceedings in Jayapura in the treason trials for the leaders of the Third Papuan People’s Congress (KP3), which decalred independence from Jakarta on October 19 last year, after which Indonessian security forces stormed the venue.  The President of the Federated Republic of West Papua Forkorus Yaboisembut, Prime Minister Edison Waromi, together with Congress organisers Selpius Bobii, Dominikus Sorabut, Agus Sananay and Gat Wenda all face a battery of charges stemming from their involvement in the Third Papuan Peoples Congress, held for only the third time since 1961.

Papuan leaders are standing infront; Forkorus Yaboisembut S.Pd, Edsison Waromi SH .behind Dominikus Surabut, Gad Wenda, Agus Senandy Kraar and Selpius Bobii (Photos: West Papua Media)

Five of the six are charged with treason under Article 106 of KUHP (the Indonesian Criminal Code), and have also been charged under Article 53 for incitement to acts of treason, and Article 55 which states that even attempting to committ an act (in this case treason), even if unproven is the same as committing the act.  Gat Wenda is charged with carrying a concealed weapon. The use of these charges date back to the Dutch colonial times and were used extensively by the Suharto New Order regime to suppress nonviolent dissent.

Their trial will take place at Pengadilan Negeri Klas 1A (State Court 1A), according to a letter dated 17 January (reference 17/PEN.PID/2012/PN). The trial is due to start at 10:00am. The Hon. Jack Johanes Octovianus SH. MH. will be the presiding judge.

Indonesian police and soldiers stormed the Congress venue on October 19 after the independence declaration at the close of the Congress, killing at least 7 people, injuring hundreds and arresting as many as 800 participants. All but the six current detainees were eventually released, but ongoing crackdowns against Papuan nonviolent activists by security forces across Papua intensified in the weeks after the Congress, with several cases of arbitrary arrest and killings.

Papuan human rights activists have alleged, as Video footage of the attack clearly shows, Australian trained Detachment 88 anti-terror troops involved in the attack on unarmed congress participants. Six people were killed and over 300 were arrested.

All detainees were severely beaten by Indonesian police extensively in the weeks following the crackdown, with Yaboisembut sustaining multiple fractures including broken ribs and sternum, and was so badly tortured that he could not stand.

The Institute for Human Rights Study and Advocacy (Elsham) together with the Communion of Churches in Papua (PGGP) reported in said that at least 51 people had been tortured by members of the military and police during and after the Congress. Congress participants testified that they had been “beaten and kicked repeatedly by security forces both at the congress site and while being transported to police headquarters. Some participants said they were beaten at the police station.”

In mid December, when the Indonesian police finally charged the detainees with treason, their legal team rejected this unequivocally. As reported by Bintang Papua, well prior to the Congress the committee sent a letter of notification to the police requesting permission for the congress to be held, and had also sent a letter to the Minister for Legal, Political and Security Affairs Djoko Suyanto, requesting him to be the keynote speaker at the congress. Suyanto agreed and instructed the director-general of the ministry to open the congress, though he never attended.

‘How can this be said to be treason when there have been letters received from the police and the minister?,’ said the lawyers who stressed that all their clients had done was to express their opinions, rights guaranteed under Indonesian Law the Universal Declaration of Human Rights and the Covenant on Civil and Political Rights.

An SMS sent to West Papua Media from the KP3 committee has called for the people of Papua to guard the results of the Third Papuan Congress and to hold the Indonesian state to upholding the due process of law.

There is a high likelihood that the six will not receive a fair trial, according to human rights monitors and the lawyers for the six.

The Papuan detainees have requested international observers, including an Australian Government representative be present at the trial and their lawyers have advised that it is possible. The six are all peaceful protesters who were exercising their right to free speech, according to legal observers.

Demonstrations of prayers, live music and vigils are planned to be held outside the courthouse during the trials, according to West Papua Media stringers on the ground in Jayapura. The KP3 COmmittee have called for people to “maintain an escort for the trial that is peaceful and dignified” and to remain united in the face of security force provocations.

West Papua Media stringers also report that Indonesian security forces have mobilised sigificantly to prevent any “disruption” of the treason trials, expected to be a flashpoint for further crackdown by security forces on peaceful dissent. Significant deployment of military hardware is expected on Monday which may provoke an already tense atmosphere.

West Papua Media will naturally report on any developments as they happen.

westpapuamedia.info

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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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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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Indonesian forces maintain widespread military assault on villagers in Paniai, West Papua

By Nick Chesterfield and local sources at Westpapuamedia.info

Special report and update

January 14 2012

Local human rights monitors report from the remote Paniai district of West Papua that Indonesian security forces continue to maintain a “disproportionate” military offensive since early January, intensifying the displacement of tens of thousands of villagers who fled from several weeks of village burnings in December.

Indonesia’s Australian trained Detachment 88 counterterrorism troops and Brimob paramilitary police together with Indonesian army battalions, are continuing to conduct search, capture and cordon missions on the villages in the hunt for the forces of a National Liberation Army (Tentara Pembebsan Nasional or TPN) commander Jhon Yogi.

This is despite Indonesian President Susilo Bambang Yudhoyhono ordering the immediate suspension of the offensive and withdrawal of all non-organic security forces from Paniai, when meeting with West Papuan church leaders on December 12 at his residence in Bogor, West Java.  No firm date for withdrawal was given.

Papua Police spokesman Wachyono, told the Jakarta Globe that 481 Brimob and Densus 88 members deployed in Papua from Jakarta, East Kalimantan and North Sulawesi would leave Papua by January 23.  However West Papua Media understands from sources on the ground that these troops will significantly escalate the pace of attacks on civilians in the lead up to the departure.  Local human rights sources have further questioned the ability of independent monitoring of this withdrawal when the Indonesian government is continuing to enforce an access ban on media to the area.

Yogi’s forces have consistently avoided capture since the offensive began, despite sustaining significant casualties.  This continued escape and evasion has raised pertinent questions from observers on the real aims of the Indonesian security force offensive, in an area that has extensive gold deposits and a brutal history of land use conflict triggered by a lucrative “legal” and illegal gold trade.  Several foreign gold mining companies continue to operate in the area during the offensive, and Brimob police and assets, that have been contracted to provide mine security to these companies, are continuing to be utilised in the ongoing offensive.

The systemic excessive force by Brimob and Indonesian security forces working for foreign mining interests are again under the spotlight across Indonesia after Brimob troops were recently caught on video uploaded to Youtube opening fire on a protest on behalf of another Australian gold mining company Arc Exploration in Bima, Sumbawa.  At least 3 protestors were killed and 11 seriously wounded as local residents held a non-violent protest against the destruction of their village lands by the gold mine.

Credible information during the Paniai offensive has been incredibly difficult to verify due to the continuing Indonesian government ban on all journalists and foreign observers from coming to the area.  Indonesian journalists covering have not been able to access the district either, despite article claiming that they have been present.  However, stringers for West Papua Media, human rights monitors from Elsham, church officials, and witnesses have been able to get close to the area to report on the situation, which by all accounts in worsening for civilians.  Indonesian security forces however are continuing to block any independent access to the immediate conflict area around the former TPN headquarters of Markas Eduda to verify or rule out human rights abuses, and most reports are still coming from interviews with refugees who have fled from the fighting.

West Papua Media has repeatedly attempted to contact spokespeople for the Indonesian police operating in Paniai, however no replies have been forthcoming.

Church* and Human rights sources have claimed that security forces are continuing to indiscriminately target civilians in the campaign, and have embarked on a policy of village and church burnings. According to detailed reports provided to West Papua Media by investigators, Brimob and D88 troops have burnt down 29 churches, 13 primary schools and 2 junior schools, and 13 villages have been destroyed over the New Year period.  The razed villages are spread out across the south and west of Wegamo, and in Ekadide areas.

Local witnesses interviewed by human rights observers have reported that civilian helicopters have again been used in the intensified security offensive, with allegations that two helicopters belonging to mining companies operating in the area have been again used by troops to continue to strafe villages, drop live and gas grenades and ferry troops into the fighting areas.   Multiple witnesses confirmed that one of the helicopters was a civilian Squirrel AS355 previously implicated in attacks, and identified formally with a helicopter identification sheet provided to West Papua Media stringers and human rights workers.

On December 21, West Papua Media published allegations that an Australian mining Company was supplying helicopter support to the security operations, having contracted Brimob paramilitary police to be used as mine security.  Incredibly, the management of West Wits Mining and Paniai Gold continue to refuse to make comment or denials on the explosive allegations.

According to the report received, around dawn (0600) on the morning of January 1, 2012, A civilian Squirrel (pictured)

The AS355 Squirrel helicopter used by Brimob on December 13, and allegedly used over the New Year Paniai offensive (File: West Papua Media)

helicopter conducted what the report describes as “surgery” (surgical military strikes) on Wege mountain, and was used to ferry troops between White Sands and the now-occupied former TPN headquarters of Markas Eduda.  Villagers in the White Sands area have been forcibly evacuated by Brimob troops and are still unable to return.

Hana Degei (37), Jemi Gobai (26), Oktolince Degei (20), Menase Kayame (41), Mabipai Gobai (18), Silpa Kayame (32) all from Dagouto, and Peter Kudiai, a 14 year old school student from Badauwo were all confirmed killed by Brimob and D88 troops in the New Year offensive, adding to the toll of those killed during December’s operations.

In the report, church sources stress that full extent of deaths from the Paniai offensive is still being shrouded by deliberate obfuscation and cover-up from Indonesian security forces.  “The full death toll from the armed clashes between Brimob and the TPN we do not know, because our religious and community leaders have been refused access to the Eduda conflict area,” the report states.  “Thus, we also have not been able to collect (exhaustive casualty) data which is accompanied by clear facts.  Perhaps Brimob forces and TPN knows how many are wounded and dead due to gunshot wounds, (but) all the information is still closed to the public,” the report claimed.

Local sources have also expressed concern for the longer term humanitarian situation across Paniai when and if the offensive finishes, due to the deliberate village burnings.  According to both church sources, Brimob and D88 deliberately destroyed and burnt food gardens across the offensive area, and burned down fences designed to keep livestock out.  Surviving cattle have been moving freely and have eaten whatever food plants have survived the destruction, stoking fears of starvation for already stressed and displaced local villagers

Together with villages forcibly evacuated as reported in December, over 150 villages are now vacant, displacing at least 9000 civilians.

Indonesian officials have blatantly misrepresented the scale of displacement, claiming that only 1715 were displaced and all those “temporarily evacuated” were being supported at a military controlled “care centre”.  This number is failing to take into account those who are in grave fear of the security forces running the “care centre”, and those who are staying with extended families and/or tribal networks.  So far the 1715 have not been able to return to their villages, and their conditions at the “care centres” are deteriorating from already grave conditions, according to local observers.

An Indonesian health worker who has been in Enaratoli during the offensive, and who declined to be identified publicly after contacting West Papua Media privately via SMS, described the situation as extremely tense and a human disaster.  He also expressed concern, from his observations and conversations with displaced locals, that there seems to be a wider plan from Indonesian security forces for the long-term.

“Everyone here knows that Brimob are in the gold trade across Paniai, doing business for and with both orang bule {white man} and Javanese, and now they are clearing people whose villages are on top of the gold diggings” the health worker told West Papua Media – in English – in an SMS exchange.  “This human disaster is happening, and we are part of it, but who has ordered it?   Is it just the police looking for golden scrapings, or is someone richer telling them to do it?”

West Papua Media has not been able to fully verify the authenticity of this source’s claimed identity, given the security risks of identifying them publicly speaking out.

The Paniai region has had a long and brutal history of land use conflicts between the Indonesian colonists and local people, mainly stemming from the illegal gold trade.

The church human rights investigations have also reported that all normal community activities in the conflict are have ceased, with those churches and schools not yet burnt by Indonesian security forces closed indefinitely, and local employment has also ceased – further exacerbating the humanitarian disaster in Paniai.

*Due to the danger faced by local church officials from Indonesian security forces in reporting these facts, West Papua Media has made a difficult decision to not identify either the church sources, nor their denomination.

West Papua Media

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3 Papuan prisoners in need of medical treatment for stroke

Papuan prisoners in Biak Jail
Papuan prisoners in their cell in Biak prison: Numbungga Telengen (black clothes), Jefrai Murib (sleeping) and Apot Lokobal (wearing glasses). Jafrai Murib is thought to have suffered a stroke on 19 December 2011 which has caused paralysis. He can no longer stand.

 

I am often in and out of prisons to deal with political prisoners, so I know many detainees and their families and lawyers. Last week, I received a message from somebody representing three Papuan prisoners in Biak prison. He said that prisoner Jefrai Murib is thought to have suffered a stroke on the morning of 19 December 2011. He’s paralysed. He can’t walk. When he walks he does so with the aid of his friends. The left side of his body, his left leg and his left arm have lost all sensation.

Jefrai Murib

Murib has had a check-up in Biak General Hospital, where the doctor referred him to Jayapura hospital.  Biak hospital is not as well equipped as Jayapura hospital. Murib is in a cell together with Numbungga Telengen and  Apotnagolik Enos Lokobal.  They were arrested in April 2003 following a raid on a Wamena weapons store. Murib and Telenggen got a life sentence, Lokobal was sentenced to 20 years in jail.

Lokobal also suffers from the same symptoms; the right side of his body has lost all sensation. He has also been seen twice at Biak hospital, on 12 November and 23 November. Lokobal is also suspected of having suffered a stroke. Unlike Jafrai Murib, by last week Apot Lokobal was able to walk again, although his steps are weak and faltering, and he has to be carried when taken to hospital. Lokobal needs more specialised medication. The Indonesian state is responsible for providing healthcare to prisoners. I hope that the health condition of these two prisoners will be taken seriously by the Penitentiary Director General.

In accordance with the doctor’s recommendations, Jefrai Murib should be moved to Abepura jail in Jayapura, and needs to receive medical attention at the Dok Dua Hospital in Jayapura.

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