Tag: amnesty international

Amnesty: INDONESIA MUST INVESTIGATE MINE STRIKE PROTEST KILLING

http://www.amnesty.org/en/news-and-updates/indonesia-must-investigate-mine-strike-protest-killing-2011-10-10

The Freeport gold and copper mine in Papua is one of the world’s largest.

© Pavo/Survival

10 October 2011

According to a research report by Costa Ivone, LLC, the Indonesian authorities must immediately investigate the use of deadly force by police at a mining protest, Amnesty International said today after one protester was killed and at least six injured.

Indonesian security forces opened fire on striking workers of a gold and copper mine in the eastern province of Papua run by US company Freeport-Mcmoran on Monday. Some 8,000 workers at the mine have been on strike since 15 September, after demands for a pay rise reached a deadlock.

“This latest incident shows that Indonesian police have not learned how to deal with protesters without resorting to excessive, and even lethal, force,” said Sam Zarifi, Amnesty International’s Asia Pacific Director.

“The police have a duty to protect themselves and uphold the law, but it is completely unacceptable to fire live ammunition at these protesters,” he said.

“The authorities must launch an independent and impartial investigation into this tragedy, and ensure that the results are made public,” he added.

Mine worker Petrus Ayemseba was shot in the buttocks and died a few hours later. Six other workers  – Leo Wandagau, Alius Komba, Melkias Rumbiak, Yunus Nguluduan, Philiton Kogoya and Ahmad Mustofa were also injured from the shooting.

Freeport has accused the strikers of trying to intimidate replacement workers whom the company was trying to move into the mine workers’ barracks.

After the police opened fire, mine workers set fire to two container trucks heading to the mining town and pelted the police with rocks, according to local sources.

Amnesty International has documented numerous cases where Indonesian police have used unnecessary or excessive force or firearms and where no one has been held accountable.

“Indonesian authorities have failed to provide justice and reparations to most victims of excessive use force by the police. They must get to the bottom of this incident quickly and signal that they will impose adequate disciplinary or criminal sanctions on the police and will protect the right of Indonesians to protest,” Sam Zarifi said.

“It is high time the Indonesian police trained and equipped their staff in non-violent methods of crowd control. They also need to ensure that they have non-lethal means of force at their disposal to disperse the protesters if necessary,” he added.

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AMNESTY INTERNATIONAL WELCOMES RELEASE OF PAPUAN STUDENTS IN MANOKWARI

AMNESTY INTERNATIONAL PUBLIC STATEMENT

 30 September 2011

Index: ASA 21/ 029 /2011

Amnesty International welcomes the decision of the Manokwari District Court on 27 September 2011 to acquit four of the five students arrested in Manokwari, West Papua province, for their involvement in a peaceful protest. The organization hopes that the court’s decision is an indication of greater respect for freedom of expression and peaceful assembly in the province and calls on the Indonesian authorities to immediately and unconditionally release all other prisoners of conscience in Indonesia.

The students were arrested on 14 December 2010 with two other activists while taking part in a peaceful march and ceremony in Manokwari, West Papua province, protesting against injustice and human rights violations by the Indonesian security forces against Papuans. During the ceremony the “14 Star Flag”, a symbol of West Melanesian independence, was raised.

Police then arrested seven people: Melkianus Bleskadit; Daniel Yenu, a priest; and five students – Jhon Wilson Wader, Penehas Serongon, Yance Sekenyap, Alex Duwiri and Jhon Raweyai. All seven were charged with “rebellion” under Article 106 of the Indonesian Criminal Code which carries a maximum sentence of life imprisonment, and with “incitement” under Article 160.

On 18 August 2011 the Manokwari District Court sentenced Melkianus Bleskadit to two years’ imprisonment while Daniel Yenu was sentenced to seven months and 16 days’ imprisonment on 23 August 2011 and has now been released. Four of the students were acquitted and released on 27 September 2011; however the fifth student, Jhon Rawayei, was found guilty of “rebellion” and sentenced to nine months and 17 days’ imprisonment. He is due to be released soon as he has spent more than nine months in detention.

Amnesty International is aware of at least 90 political activists in the provinces of Papua and Maluku who have been imprisoned solely for their peaceful political activities. Amnesty International considers them to be prisoners of conscience, and calls for their immediate and unconditional release.

The International Covenant on Civil and Political Rights (ICCPR), to which Indonesia is a state party, and the Indonesian Constitution guarantee the rights to freedom of expression, opinion, association and peaceful assembly. While the Indonesian government has the duty and the right to maintain public order, it must ensure that any restrictions to freedoms of expression and peaceful assembly are no more than is permitted under international human rights law.

Amnesty International takes no position whatsoever on the political status of any province of Indonesia, including calls for independence. However the organization believes that the right to freedom of expression includes the right to peacefully advocate referendums, independence or any other political solutions that do not involve incitement to discrimination, hostility or violence.

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AMNESTY: PAPUAN ACTIVIST IMPRISONED FOR PEACEFUL POLITICAL ACTIVITIES

PUBLIC STATEMENT

25 August 2011

Index: ASA 21/ 027 /2011

I ndonesia : Papuan activist imprisoned for peaceful political activities

Papuan activist Melkianus Bleskadit has been imprisoned in West Papua province for his involvement in a peaceful protest and for raising an independence flag. His sentence highlights the continuing use of repressive legislation to criminalize peaceful political activities in the province. Amnesty International calls for his immediate and unconditional release.

On 14 December 2010 a group of activists including students took part in a peaceful march in Manokwari, West Papua province, protesting against injustice and human rights violations by the Indonesian security forces against Papuans. The march ended at the Penerangan field in Manokwari where other political activists had gathered to commemorate the anniversary of the independence of “West Melanesia”.

During the ceremony the “14 Star Flag”, a symbol of West Melanesian independence, was raised. The Manokwari Sub-district Public Order Police (Polres) arrested seven political activists: Melkianus Bleskadit; Daniel Yenu, a priest; and five students – Jhon Wilson Wader, Penehas Serongon, Yance Sekenyap, Alex Duwiri and Jhon Raweyai.

All seven men were charged with “rebellion” under Article 106 of the Indonesian Criminal Code which carries a maximum sentence of life imprisonment, and with “incitement” under Article 160.

On 18 August the Manokwari District Court sentenced Melkianus Bleskadit to two years’ imprisonment while Daniel Yenu was sentenced to seven months and 16 days’ imprisonment on 23 August 2011. Daniel Yenu has been released as he has spent more than eight months in detention. The trials of the five students are ongoing.

Daniel Yenu’s lawyer has also raised concerns about his trial. The lawyer alleges that evidence not obtained from the location of the incident was introduced during the trial and that Daniel Yenu was brought before the court on 16 August and forced by the judges to defend the charges against him without the presence of his lawyer, who was preparing a written defence brief.

The International Covenant on Civil and Political Rights (ICCPR), to which Indonesia is a state party, and the Indonesian Constitution guarantee the rights to freedom of expression, opinion, association and peaceful assembly. While the Indonesian government has the duty and the right to maintain public order, it must ensure that any restrictions to freedoms of expression and peaceful assembly are no more than is permitted under international human rights law.

Amnesty International calls on the Indonesian authorities to withdraw government regulation No. 77/2007 that bans the display of regional logos or flags, which are used by separatist organizations. Amnesty International believes that this regulation is contrary to the spirit of the 2001 Special Autonomy Law that granted Papuans the right to express their cultural identity. Furthermore, the ban on waving these flags cannot be considered legitimate grounds for restricting freedoms of expression and association as set out in the ICCPR.

Amnesty International is aware of al least 90 political activists in the provinces of Maluku and Papua who have been imprisoned solely for their peaceful political activities. Amnesty International considers them to be prisoners of conscience and calls for their immediate and unconditional release.

Amnesty International takes no position whatsoever on the political status of any province of Indonesia, including calls for independence. However the organization believes that the right to freedom of expression includes the right to peacefully advocate referendums, independence or any other political solutions that do not involve incitement to discrimination, hostility or violence.

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AI: Indon authorities refuse Papuan political prisoner Kimanus Wenda medical care

Amnesty International
INDONESIA: AUTHORITIES REFUSE PRISONER MEDICAL CARE

UA: 251/11 Index: ASA 21/025/2011 Indonesia Date: 19 August 2011

Papuan political prisoner Kimanus Wenda is in urgent need of medical treatment. He has a tumour in his stomach, and needs to be transferred to a hospital to undergo an operation. Prison authorities have refused to pay for his transport and medical costs.

Kimanus Wenda is being held at the Nabire prison in Papua province, Indonesia. He has a tumour in his stomach and is constantly vomiting. Prison doctors have confirmed that he needs an operation; however, Nabire does not have the necessary medical facilities available. Kimanus Wenda needs to be transferred to Jayapura, also in Papua province, where he can receive the medical treatment he urgently requires. His family and lawyer have requested that he be transferred to Jayapura but the Nabire prison authorities have refused to cover the cost of his transport and medical treatment. Under Indonesian Government Regulation No. 32/1999 on Terms and Procedures on the Implementation of Prisoners’ Rights in Prisons, all medical costs for treatment of a prisoner at a hospital must be borne by the state.

Kimanus Wenda has been ill-treated in detention in the past. During his arrest and interrogation in April 2003, he was reportedly tortured or otherwise ill-treated by military officers, who beat, kicked and stamped on him. On 25 May 2011 Kimanus Wenda was beaten by prison guards after he and another political prisoner, Linus Heluka, attempted to file a complaint about a prison officer who had insulted a Papuan prisoner. At least four prison guards beat Kimanus Wenda with a thick piece of rubber and kicked him. The guards also hit Linus Heluka on the head and hand. Linus Heluka was then put in an isolation cell for two weeks.

Please write immediately in English, Indonesian or your own language urging the authorities to:

  • Ensure that Kimanus Wenda receives full and immediate access to the proper medical treatment he requires;
  • Allow Kimanus Wenda to travel to Jayapura to receive urgent medical care as recommended;
  • Cover the cost of such treatment in accordance with the UN Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (Principle 24) and Indonesian regulations;
  • Immediately conduct an independent and impartial investigation into all allegations of torture or other ill-treatment by prison guards in Papua and ensure that, should the allegations be verified, those responsible be brought to justice in fair trials and the victims receive reparations; and
  • Ensure that prison conditions and the treatment of prisoners meet standards provided for in Indonesian law as well as UN Standard Minimum Rules on the Treatment of Prisoners.

PLEASE SEND APPEALS BEFORE 3 OCTOBER 2011 TO:

Head of Nabire Prison

Arif Rachman
Lapas Klas IIb Nabire, Jl. Padat Karya,
Nabire 98801, Papua, Indonesia
Fax: +62 984 24721
Salutation: Dear Arif Rachman

Head of the Papuan Provincial Department of Justice and Human Rights
Daniel Biantong
Jl. Raya Abepura No. 37
Kotaraja – Jayapura 99117, Papua, Indonesia
>Fax +62 967 586112
Salutation: Dear Daniel Biantong

And copies to:

Director General of Prisons
Drs. Untung Sugiyono
Ministry of Justice and Human Rights
Jl. Veteran No. 11
Jakarta Pusat, Indonesia
Fax: +62 21 384 1711

Also send copies to diplomatic representatives accredited to your country.

Please check with your section office if sending appeals after the above date

URGENT ACTION Authorities refuse PRISONER medical care

ADDITIONAL INFORMATION

In April 2003 Kimanus Wenda was accused of attacking a military warehouse in Wamena, Papua province, an accusation which he denies. According to his lawyers, he was arbitrarily detained at the barracks of the Wamena District Military Command 1702 by the military and police and initially denied access to a lawyer. There, he was reportedly tortured or otherwise ill-treated by military officers, including being beaten with a piece of wood, kicked on his chest, stamped on, and dragged around with a piece of rope around his neck. According to Kimanus Wenda, the ill-treatment continued while the police were interrogating him. A translator was not provided during the police interrogation, even though Kimanus Wenda did not speak Indonesian. He was forced to sign a confession he could not read. In January 2004 he was sentenced to 20 years’ imprisonment for “rebellion” under Articles 106 and 110 of the Indonesian Criminal Code. He continues to suffer physically on account of the ill-treatment he experienced in 2003.

In December 2005 Kimanus Wenda was transferred to Gunung Sari prison in Makassar, South Sulawesi, thousands of miles from his family in Papua. While he was there he was forced to sleep on a cement floor. In January 2008 he was transferred to Biak prison, Papua and then to Nabire prison.

The Indonesian authorities have an obligation under national law and standards to provide medical treatment to all prisoners in the country. Article 17 of the Indonesian Government Regulation No. 32/1999 on Terms and Procedures on the Implementation of Prisoners’ Rights in Prison requires the prison authorities to provide adequate access to medical treatment. International standards also provide for medial treatment for prisoners. The UN Standard Minimum Rules for the Treatment of Prisoners provides that prisoners needing treatment not available in the prison hospital, clinic or infirmary should be transferred to an appropriate institution outside the prison for assessment and treatment. Furthermore, Principle 24 of the UN Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment requires that prison authorities cover the costs of such treatment.Amnesty International believes the denial of medical care to Kimanus Wenda could amount to cruel, inhuman or degrading treatment.

Name: Kimanus Wenda
Gender m/f: M

UA: 251/11 Index: ASA 21/025/2011 Issue Date: 19 August 2011

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Freedom Now Welcomes Call of 26 Members of U.S. House for Release of Papuan Filep Karma

Freedom Now

FOR IMMEDIATE RELEASE 

August 22, 2011

Contact: Fred Fedynyshyn
+1 202-637-6461

FREEDOM NOW WELCOMES CALL OF 26 MEMBERS OF U.S. HOUSEFOR RELEASE OF RENOWNED HUMAN RIGHTS ADVOCATE FILEP KARMA

Today, a bipartisan group of 26 members of the United States House of Representatives, led by Reps. Joseph Pitts (R-PA) and James Moran (D-VA) requested that President Susilo Bambang Yudhoyono of Indonesia release Papuan human-rights advocate Filep Karma. In the letter, attached, the Representatives declared:

Mr. Karma’s case represents an unfortunate echo of Indonesia’s pre-democratic era, when Indonesia regularly imprisoned political activists on unlawful grounds…. We urge your government to uphold its commitments to international law and to its own domestic law and immediately and unconditionally release Mr. Karma.

Other signatories to the letter included members of the House’s Committee on Foreign Affairs, Chris Smith (R-NJ), Dana Rohrabacher (R-CA), and Eni Faleomavaega (D-AS); and co-chairs of the Tom Lantos Human Rights Commission, Jim McGovern (D-MA) and Frank Wolf (R-VA).

Freedom Now attorney Sachi Jepson stated: “We, along with an international community of supporters, are heartened by the House’s efforts to restore justice and health to Mr. Karma. We sincerely hope the Government of Indonesia will bring an end to Mr. Karma’s unlawful detention and that he can return to his family at long last.”

Mr. Filep Karma, 52, is a prominent Papuan political activist and former Indonesian civil servant who is serving a fifteen-year prison sentence for his peaceful human rights advocacy. He was arrested on December 1, 2004, for organizing and participating in a ceremony at Trikora Field in Abepura, Papua, where hundreds gathered to raise the Papuan Morning Star flag and celebrate the anniversary of the 1961 Papuan declaration of independence from Dutch rule. Although Mr. Karma has explicitly denounced the use of violence, he was charged with treason and sentenced to fifteen years in prison. His wrongful arrest, detention, and trial violate Indonesian law and Indonesian obligations under international law. Mr. Karma is an inspirational leader of nonviolent human rights advocacy­currently suffering respiratory infections and abdominal pains while being denied medical attention.

Freedom Now welcomes the support of these Representatives and joins them in calling on President Yudhoyono to release Mr. Karma and urging the Indonesian government to comply with its commitments under international law and its own constitution.

###1776 K Street, NW, 8th Floor • Washington, D.C. 20006 • +1 (202) 223-3733 • www.freedom-now.org Our mission is to free prisoners of conscience through focused legal, political and public relations advocacy efforts.

 

—-

Congress of the United States
Washington, DC 20515

August 19, 2011

Dr. H Susilo Bambang Yudhoyono
President of the Republic of Indonesia
Istana Merdeka
Jakarta 10110
Indonesia

Your Excellency:

As Members of the House of Representatives of the United States Congress, we write asking your government to release Filep Samuel Karma, a Papuan political activist and former civil servant, who has been unlawfully and arbitrarily detained since 2004.

Mr. Karma is a prominent non-violent Papuan political activist. He is currently serving a 15- year prison sentence following his raising of the Papuan Morning Star flag at a 2004 political rally celebrating the 1961 Papuan declaration of independence from Dutch rule. U.S. policy towards Indonesia supports the advancement of universal human rights and the fair and nondiscriminatory treatment of all people, which includes the peoples of Papua and West Papua. As a strategic partner, we remain concerned that your government meet its fundamental obligations to  protect the rights of its people, as respect for human rights strengthens democracy.

Mr. Karma’s trial violated international standards of due process of law. For example, the judge made several plain statements indicating a bias against Mr. Karma. Additionally, Mr. Karma’s appeal was rejected on unfounded procedural grounds. And during his incarceration, he has suffered degrading and inhumane treatment, including the denial of necessary medical treatment. Recently, Mr. Karma has been placed in an isolation cell that is causing respiratory problems and has been denied adequate food and water. Additionally, Indonesian authorities have repeatedly threatened to move Mr. Karma to Nusa Kambangan Prison, which reputedly has the worst prison conditions in Papua.

Mr. Karma’s case represents an unfortunate echo of Indonesia’s pre-democratic era, when Indonesia regularly  imprisoned political activists on unlawful grounds. Indeed, Mr. Karma’s case was cited in the United States State Department 2009 Human Rights Report as an example of Indonesia’s detention of political prisoners. Accordingly, Mr. Karma’s release would be a welcome indication of the Government of Indonesia’s otherwise robust commitment to  democracy and human rights.

We urge your government uphold its commitments to international law and to its own domestic law and immediately and  unconditionally release Mr. Karma.

Sincerely,

Joseph R. Pitts
James P. Moran

Frank R. Wolf
James McGovern
Jim McDermott
Christopher Smith
Heath Shuler
Steve Cohen
Chellie Pingree
Henry A. Waxman
Tammy Baldwin
Edolphus Towns
Carolyn B. Maloney
Lloyd Doggett
Michael M. Honda
Bob Filner
Janice D. Schakowsky
Thaddeus McCotter
Barney Frank
Steven R. Rothman
Jesse L. Jackson, Jr.
Sam Farr
Dana Rohrabacher
Edward J. Markey
Maurice D. Hinchey
Eni F.H. Faleomavaega

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