Tag: brutality

The Past That Has Not Passed: Human Rights Violations in Papua Before and After Reformasi

June 28, 2012

A joint report released today by the International Center for Transitional Justice (ICTJ) and the Institute for Human Rights Study and Advocacy (ELSHAM-Papua) provides important insight into the ongoing debate on steps required to achieve a sustainable peace in Papua.

Based on more than 100 interviews carried out in 2011 in the districts of Sorong, Manokwari, Biak, and Paniai, the report reviews Papua’s recent history, including the Special Autonomy Law governing the relationship between the Papua province and Indonesia, within a transitional justice framework. It also reveals new information provided in testimonies by victims and witnesses who experienced human rights violations going back to the earliest days of Indonesia’s history as a nation.

“Even as we were conducting this research, new outbreaks of violence and cases of gross human rights violations continued to take place,” said Ferry Marisan, director of ELSHAM. “We interviewed more than 100 victims, many of whom have deep feelings of distrust that are deeply rooted in the past and present experiences of human rights abuse. Official acknowledgement of this violent past is a prerequisite to building peace in Papua,” he added.

“Unless these grievances are not only recognized, but also addressed in a practical way, reconciliation will remain elusive”
Unless these grievances are not only recognized, but also addressed in a practical way, reconciliation will remain elusive. A comprehensive transitional justice strategy could provide effective redress, and should include truth-seeking, criminal accountability, reparations, institutional reform to prevent recurrence of human rights violations, and a focus on the rights of indigenous women.

“The Indonesian government must urgently develop a comprehensive policy for dealing with this legacy of past violations. We are at risk of repeating the past through using force to deal with unrest, instead of opening a process of genuine dialogue. The first step is acknowledgment,” said Galuh Wandita, ICTJ’s senior associate.

Download the full publication here

This joint report by ICTJ and the Institute for Human Rights Study and Advocacy (ELSHAM-Papua) provides important insight into the ongoing debate on steps required to achieve a sustainable peace in Papua. The report reviews Papua’s recent history within a transitional justice framework, and provides expert recommendations on truth seeking, justice, reparations, institutional reform, and enforcing the rights of women victims. Based on more than 100 interviews carried out in 2011 in the districts of Sorong, Manokwari, Biak, and Paniai, the report reviews Papua’s recent history, including the Special Autonomy Law governing the relationship between the Papua province and Indonesia, within a transitional justice framework.

Date published:
6/28/2012
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GKI Report: Report about violent incidents in Papua between May and June 2012

JPIC Desk, GKI di Tanah Papua
15/06/2012

Several violent incidents and shoot outs have occurred almost every day during the last three weeks. Some of the shoot outs have been committed by unknown perpetrators, whereas for some incidents the perpetrators have been found. JPIC has collected, investigated and analyzed several cases, which are described below.

Cases Covered include:

  • A. Mysterious Shootings and Violence against Civilians in May 2012
    • 1. Security Forces attack civilians with firearms at Degeuwo (15.05.2012)
  • B. Incidents related to KNPB Demonstrations
    • 1. Yesa Mirin tortured and killed after escalations at Kampung Harapan (04.05. 2012)
    • 2. Death of Fanuel Tablo
    • 3. Sweeping Operations at Sentani
  • C. Mysterious Shootings and Violence against Civilians in June
    • Brutal Acts of Retaliation by the TNI Batalyon 756 at Wamena (06.06.2012)

For the full report, please download or read the embedded pdf below.

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Giay: West Papua – Land of Mourning, Bloodshed (Peace?) and Humanitarian Intervention

From Kingmi Church  – Papua

edited by WPM for clarity

Also at Numbay Media — posted on Engage Media website

June 28, 2012

Rev. Benny Giay
Diplomatic Briefing, Hotel Trefa
Jakarta, June 27, 2012

Papua Land of Mourning And Bloodshed (Peace????) And Humanitarian Intervention[1]

Rev. Benny Giay

Since May 2012 until June there has been a series of shootings in Jayapura in the context of our struggle to fulfill our “Papua land of peace” dream. The government has claimed the shooting has been carried out by separatist groups. Papuans respond to such claim is as usual: “Oh itu lagu lama. The authorities are playing the old song.”

One way to respond to that “old song” is to look at the root cause of shootings that ended with the killing of Mako Tabuni on 14 June, followed by the arrest of other members of KNPB in Papua a few days ago. In my view this development has something to do with (a) first of all how 2 different actors (Indonesia and Papua) that belong two {separate} cultures (Malay and Melanesia) view themselves and their past. Indonesia’s view is that Papua has become part of Indonesia and has been in contact since 8th century with them. Therefore Papuans are brothers.

Papuans on the other hand believe that it might be true that Papuans has been dealing with the ancestors of the rest Indonesians for several centuries, but that contact occurred in context of domination, slave trade and oppression. The contact between the two parties was one of master – slave  relations. Therefore, Papuans see their past relations with Indonesia (Tidore, Ternate and Maluku etc.) as history of robbery, slavery, destruction of their villages and burning of Papuan community settlements.

Secondly since 1960s when Indonesia took over Papua,  Papuans were viewed {By Indonesians} (and have been viewed until now) as primitives, backward, uncivilized people; and therefore Jakarta since that time promoted itself as the guru, the teacher of new civilization to “lift up socio-economic welfare of Papuans”. Jakarta then formulated what an Indonesian scholar call: migrant biased development policy (which in brief is a policy made by central government to guarantee the interest, safety and future of Indonesian migrants in Papua, while ignoring Papuan identity, culture and their future.) Papuans have no place in such a development scheme. Papuans are non humans. Second class citizens. This Indonesian neo-colonial policy (if we can use that term) was from the beginning up to now has been guarded by security institutions. Papuans who resisted this undemocratic policy has been dealt with by security forces.

Thirdly, as a result Papua has become “site of mourning”, “site of collective trauma”, and a site of oppression and mourning”. Three days of mourning that we had (June 14-16) as we gathered in Post 7 Sentani after the killing of Mako Tabuni, was not a new thing.  We only repeat what our past generation went through since 1960s. Facing such migrant biased development (or Indonesian colonial policy) as shown above, we, Papuans since 1960s are like the Javanese of 1900s Central Java, who were treated as second class citizens by the Dutch (as Indonesian history books say today); or Black South Africans of 1940s who suffered under apartheid policy. In fact this “migrant biased development policy” I think is “an Indonesian version of apartheid racial policy” toward Papuans. Theologically speaking Papuans of today and in the past have  been living under modern Pharaoh or modern Goliath, supported by the international community and multinational companies who had come to Papua and robbed the natural resources, killing off the Papuans.

Fourthly, the killing of Mako Tabuni by Indonesian Police has to be seen in the light of history of Papuan resistance to Jakarta’s migrant development policy pointed out above. Mako Tabuni and other civilians who voiced their right and grievances have been and are stigmatized as separatist. Mako, who was leading a civilian {civil society} group using peaceful means in demanding Referendum, has been seen as a threat to Indonesian political interest. This strategy to stigmatize was used by Erfi Triassunu, former Military Chief, in March 2011. He issued a confidential document saying that Papuan Christian Church (Kingmi – of which I am the Chairman of its Synod) is a religious arm of the Papuan Liberation organization (OPM). Other Church leaders of Papua in September 1966 were accused by security forces in Papua as an umbrella organization of OPM. Similarly Papuan NGOs who {promote advocacy around} human right abuses in the past have been seen in the same light.

The question now is who is behind the shootings that started May? According to Government it is Mako of KNPB, and Mako or KNPB is OPM. I can see the shootings from the point of view 3 actors, each of with their agendas.  First party is Mako or KNPB who represent Papua demanding referendum to deal with new modern Pharaoh. Second actor is a small and insignificant group of international solidarity group with agenda for democracy and promotion Papuan human right. Third actor is Jakarta: who fears the threat of disintegration and panic; not willing to change the approach to Papua; hold on to the sacred doctrine “territorial integrity” with the support of international community”. And that it is OK to use military or Police force to kill or annihilate separatist group to maintain “the territorial integrity”. Looking at the history of civilian’s resistance the shooting since May of this year was carried out by agents of Government to weaken the civilians struggle for referendum using means of non violence. Jakarta’s fear that is the international solidarity groups would promote the cause of Papuan civilians at the international niveau (level).

Jakarta is now on safer ground. They have has shot dead Mako Tabuni whom they accused as OPM agent. But the dream for “Papua: Land of Peace” remains a dream. Police and military are still searching for the members of KNPB. Military and Police are in control. Papua is still a land of mourning, a land of trauma and bloodshed. Modern Pharaohs and Goliath are in control in Papua today.  It is here that we need “third party” as it is in the case of Israelites and Pharaoh (Exodus 3:7-9). Papua need a moratorium”. Now is the time for Papua and Jakarta to formulate “new Indonesia”. But to do this we need a “humanitarian intervention”.

Toch, perpetrators of Human right violations in Papua will never be taken to court. They in fact will be promoted. Paulus Waterpauw (Deputy Police Chief of Papua) and Bigman Lumban Tobing (Papua Police Chief) will follow the footsteps of Col. Hartomo, the Kopassus commander who ordered the abduction and the killing of the late Theys Hiyo Eluay in November 2001; he was promoted last week as another high ranking military elite in Jakarta.

Jakarta, June 27, 2012

Rev. Benny Giay

Ketua Synode Kingmi di Tanah Papua

(Papuan Christian Church)

[1] I am dedicating this reflection to pastors and the ministers of the Lord, in Papuan Church History who were shot dead by Indonesian Security Officers in the past out allegation that they were agents of Papua Liberation Organization.

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KONTRAS: Torture Increased Drastically! A Report on the Practice of Torture in Indonesia

http://www.kontras.org/eng/index.php?hal=siaran_pers&id=160

PRESS RELEASE:

KONTRAS
Torture Increased Drastically!
A Report on the Practice of Torture in Indonesia
International Day in Support of Victims of Torture 2012

Commemorating the International Day in Support of Victims of Torture (June 26), the Commission for the Disappeared and Victims of Violence (KontraS) released its annual report entitled, “Torture Increased Drastically!” This report is excerpted from the various incidents of torture that have raised the public attention (both nationally and internationally) from July 2011 to June 2012, particularly the elaboration of numerous reports on complaints of torture that were directly handled by KontraS. This report is KontraS evaluation of the situation of torture that continues to use the assessment framework used by the Committee against Torture and the mechanisms under the UN Human Rights Council (either by the Special Rapporteur Against Torture as well as through the Second Cycle of Universal Periodic Review session on May 23 2012).

Contrast notes that there are numerous state policies that facilitate the practice of torture. Although in fact, the State should be able to accommodate the policies preventing or reducing the occurrence of torture. These issues include:

– The absence of criminalization of crimes of torture and punishment for the perpetrators because there is a revision of the Criminal Code and Criminal Procedure Code has been entered in the program even though the national legislation (Prolegnas) 2010-2014

– Continue maintenance of the death penalty policy. Abolition of the death penalty in Indonesia should be done with the goal of doing a moratorium on executions that had been imposed de facto in the last 4 years. However, in the last year there were six new death row decided by the court
– Policy caning in Aceh. Caning is a form of cruel punishment (corporal punishment) is not in accordance with the Convention against Torture and the International Covenant on Civil and Political Rights. In the period June 2011-June 2012 there were 47 people sentenced to caning in Aceh.

KontraS notes several state policies that facilitate the practice of torture. Although in fact, the State should also be able to accommodate the policies that should prevent or reduce the occurrence of torture. These issues include:

– The absence of criminalization of crimes of torture and punishment for the perpetrators due to the absence of a revision of the Criminal Code and Penal Code, despite both codes having been included within the national legislation program (Prolegnas) 2010-2014

– The maintenance of the death penalty policy. Abolition of the death penalty in Indonesia should be done with the goal of doing a moratorium on executions that had been imposed de facto in the last 4 years. However, within the last year there were six new death rows decided by the court.

– Policy caning in Aceh. Caning is a form of cruel punishment (corporal punishment) and is not in accordance with the Convention against Torture and the International Covenant on Civil and Political Rights. Within the period June 2011-June 2012 there were 47 people sentenced to caning in Aceh.

– Still relying on internal accountability mechanisms to prosecute acts of torture. The practice of torture is still an issue of impunity because the punishment mechanism is still very dependent on the internal mechanism, both within the Military and the Police that as a cause has negated the deterrent effect. It is therefore important to ensure the existence of various state institutions that have the authority to conduct an independent investigation (independent external oversight body) against the allegations of torture and begin to identify the names of the perpetrators held responsible.

– Ratification of the State Intelligence Law is deemed potential to open room for the use of torture, particulatly Law on National Intelligence No.17/2011. This Act directly authorizes a special form of extracting information to the intelligence apparatus. Extracting information will be applied to the targets associated with the interests and activities that threaten national security, especially terrorism and separatism, which is known widely growing in several regions in Indonesia.

Based on KontraS’s monitoring, for the period of July 2011 – June 2012, there has been a tremendous surge in allegations of torture. In the period July 2010 – June 2011, KontraS noted that there were 28 events alleged torture with a number of victims of 49 people, while during the period of July 2011 – June 2012 there were 86 allegations of torture with the number of cases of 243 victims. Meanwhile, for the categories of alleged perpetrators of this period a number of police officers were alleged for 14 cases, 60 cases by military officers and prison guards as much as 12 cases. For this period, there is a region where the alleged torture occurred relatively large that is the area of ​​Papua. For the past year, the security situation and the intensity of violence in Papua are very problematic.

Table of Torture
June 2010-July 2011 and June 2011-July 2012
Perpetrator
Year 2011
Year 2012
Victims
Cases
Victims
Cases
Police
31
21
118
60
Military
18
7
64
14
Warden
–
–
61
12
49
28
243
86

From the table above, several hypotheses that can be taken are: First, there has been a number of victims and the alleged use of torture that is so prominent in Papua when compared with other regions. There are 11 torture cases and 98 victims in Papua. The number of allegations of torture in Papua is strongly correlated with the warming of the political situation and the increasing intensity of violence in general in there for the past year. The victims generally are indigenous Papuans and consider them to be victims of false arrest and arbitrary detention by security forces. This reinforces the stigmatization and discrimination against people of Papua up to the criminalization of them.

Second, the practice of torture generally occurs in situations where the victims were so helpless against the perpetrators; common situation happens where the detention rooms are closed. The situation becomes worse when the victim is merely an ordinary citizen, who was suspected of a crime- representing the structure of the lower class. This also occurs in Indonesia where most of the alleged victims of torture are criminal suspects or convicts who came from the laity group (the enemy of public opinion such as terrorists, drug dealers, separatist, and others) and is often not accompanied by a legal representative. Until now, KontraS monitoring report has not found the alleged practice of torture against perpetrators of corruption that generally are state officials or wealthy businessmen.

This situation confirms the importance of the immediate need to stop the acts of torture as well as create rules that can prevent the occurrence of torture. Based on the above mentioned points, KontraS recommends that:

– The Government and the Parliament should speed up the discussion of the Penal Code and Criminal Procedure Amendment Bill, or prepare a separate bill against Torture. It is intended to answer the urgent need for regulation to efforts to criminalize acts of torture;
– Relevant state institutions such as the Military, Police, and Ministry of Justice and Human Rights (which oversees the prison system and prisoners in Indonesia) to ensure the maximum punishment to the offender to provide a deterrent effect and implement a mechanism for internally vetting for officials, officers, or officers who conduct, give commands, or fail to prevent the practice of torture;

– State institution which has a mandate to monitor or control functions that are independent (independent external oversight bodies), such as the National Human Rights Commission, Ombudsman, or Kompolnas should also apply a vetting mechanism to narrow the room of action for perpetrators of torture;

– The Government should be able to stop the practice of torture based on the pattern of stigmatization and discrimination that are occurring in Papua, given the sharp rise of torture in the region that is able to aggravate the problematic situation in Papua;

– The Government and Parliament to take immediate ratification of the Convention on the Protection of All Persons from Enforced Disappearance and the Optional Protocol to the Convention against Torture;

– Government and Parliament to review the various state policies that facilitate the practice of torture and other cruel, inhuman, or degrading treatment.

Jakarta, 22 June 2012
Working Committee,

Indria Fernida Papang Hidayat
Deputy Coordinator I Head of the Research Bureau
(+62816.146.6341) (+62812.959.8680)
—
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Unreliable Police allegations against Mako Tabuni

ALLEGEDLY INVOLVED IN SEVEN CASES
Bintang Papua, 14 June 2012

Following the assassination of Mako Tabuni, the deputy chairman of the KNPB (National Committee of West Papua), the police are now alleging that the man they murdered was responsible for seven cases of violence perpetrated by the KNPB, and say they are now conducting investigations to see whether he was responsible for seven acts of violence including the shot fired against a German visitor. They are alleging that this is based on confessions made by the Buchtar Tabuni, the chairman of the KNPB, and other KNPB members who are now facing charges. The chief of police is quoted as saying: ‘According to confessions by KNPB members, Mako Tabuni was responsible for a numbe of violent actions, all of  which are now under investigation,’

The police also claim that they found a pistol and bullets among Tabuni’s possessions which have now been sent to Jakarta to establish whether the bullets are the same as those found in the bodies of persons who have been shot.

Asked about the furore that has followed in the wake of the killing of Tabuni, the police chief said that was ‘incidental’  ‘In some cases the members act as if they are wiling to surrender but then put up resistance and try to seize weapons which is why the police opened fire.’

He also said that his men are now hunting down eight members of the KNPB who are alleged to have been involved in recent acts of violence.

According to the police, Tabuni was shot four times, twice in the thigh, once in the head and once in the waist.

[Comment by TAPOL: Can we now draw the conclusion that the police themselves have been responsible for the recent spate of shootings that have occurred, so as to be able to pin the blame on an organisation such as the KNPB which has been involved in peaceful advocacy such as calling for a referendum to be held in West Papua?]

[Translated by TAPOL]

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