Tag: Detachment 88

AP: Military Vows Crackdown in Papua Province [+Reject Calls for Referendum: Lawmaker]

From Joyo

also: JP: Reject Calls for Papua Referendum: Lawmaker

The Associated Press
August 4, 2011

Military Vows Crackdown in Papua Province

Indonesia’s army chief vowed Thursday to hunt down separatist rebels
after a swell in violence in the restive province of Papua killed two
soldiers and three civilians in less than a week.

They will be “chased down” and “cleaned up” by local military units,
said Gen. Pramono Edhie Wibowo, a day after gunmen shot a military
helicopter in the hilly district of Puncak Jaya, a rebel stronghold
and longtime hotbed of separatist violence.

The chopper had flown into the remote region to evacuate Fana Hadi, an
army private who was wounded during an attack on his post Tuesday
morning.

Gunmen opened fire as it passed a hill, killing Hadi with a shot to
his left rib, local military officials said.

That shooting followed the killings of one soldier and three civilians
Monday, shot and hacked to death during an ambush on their minibus and
taxi near the provincial capital of Jayapura.

Five other people were injured.

It was not immediately clear what sparked the uptick in violence.

Papua is a former Dutch colony on the western part of New Guinea. It
was incorporated into Indonesia in 1969 after a U.N.-sponsored ballot.

A small, poorly armed separatist group known as the Free Papua Movement has battled for independence ever since.

Nineteen people were killed in clashes between supporters of rival
political candidates in a seemingly unrelated violence Sunday. Because
of the violence, elections for district chief scheduled for Nov. 9
will be delayed, local media reported Thursday.

———————————-

The Jakarta Post [web site]
August 4, 2011

Reject Calls for Papua Referendum: Lawmaker

by Mariel Grazella

The chairman of the Papua and Aceh special autonomy supervisory team,
Priyo Budi Santoso, urged the government to send the military to Papua
if the referendum movement escalated to a mass rebellion.

Thousands of Papuans across the province have demonstrated to call for
a referendum on independence.

The demonstrations coincided with a series of attacks on police and
military posts in Puncak Jaya that have been blamed on the Free Papua
Movement (OPM).

“I urge law enforcers not to hesitate in taking firm action,” he said.

He added that if the situation escalated to rebellion, the “military
should be sent in if necessary”.

“We should remain persuasive but if the situation leads to [demands
for] a referendum; [we] should not hesitate in sending in the
military,” he said, adding that special autonomy was the “best formula
in addressing the problems of Papua”.”Therefore, I urge the government to firmly reject [the calls for a
referendum] because Papua is part of Indonesia and that is final,” he
added.

Related articles
2

Comprehensive Report of Human Rights Violations in Papua since 1969

Bintang Papua, 23 July 2011[Something to look forward to. TAPOL]

Jayapura: With the help of an NGO in the USA  and the European Union, ELSHAM-Papua has drawn up a comprehensive report of cases of human rights violations that have occurred in West Papua during the period since it became part of the Republic of Indonesia.

ELSHAM co-ordinator in Papua, Ferdinand Marisan S.Sos told Bintang  Papua that they had already completed their collection of data.

‘We have collected data about human rights violations in Papua from the year 1969 up to 2010,’ he said. He said that they had been doing the work since February  this year and had completed it in April.

They are now going through the process of  putting all the data together in a book. ‘We plan to produce the data in a book which we hope to publish in October this year.’

He said that the compilation had been done together with the ICTJ, the International Center of Transitional Justice, a body that has the support of the European Union.

, , , , , , , , , , , , , , , , , ,

Related articles
4

KONTRAS: Torture acts are not taken seriously

(WEST PAPUA MEDIA has edited this article for linguistic clarity)

Summary for International Day in Support of Victims of Torture

To commemorate International Day in Support of Victims of Torture (26 June), the Commission for the Disappeared and Victims of Violence (KontraS) published an annual report titled, “Torture: Cruel Acts That Are Not Taken Seriously”.  This report is a summary of several torture incidents that received broad public attention (both nationally or internationally) throughout July 2010 – June 2011, especially elaboration of various complaints on torture cases, which were handled directly by KontraS.

The report checks how far the state has implemented human rights standards in their policies and national regulations produced.

KontraS’ advocacy work regarding torture cases are still to become part of the main agenda and needs to be mainstreamed to the public.   This agenda, besides pressuring the state to proactively deliver positive outcomes in human rights protection through policies and regulation reform,  also will provide public education to keep pushing for maximum protections on non-derogable (inalienable) rights, in all spheres of life.

State  “stuttering”  in responding to torture incidents can be seen from the cancellation of President Susilo Bambang Yudhoyono’s visit to The Netherlands at the end of last year.  The cancellation was in response to a legal suit submission to  a Netherlands court by activists of South Maluku Republic (RMS) residing in the Netherlands.   The Lawsuit was a legal-political action against Indonesian National Police officers  who tortured alleged RMS activists after a Cakalele dance performed in front of SBY, present with many foreign diplomats and guests during their visit to Maluku in 2007.

The next failure continues at the end of 2010.  Two torture videos circulated freely and widely on Youtube website.  In the short video  shown several people in military uniform are committing brutal and inhuman treatment followed by intimidating interrogation questions.  The SBY regime responded swiftly, confirming torture practice (did occur) in Tingginambut, Puncak Jaya District, Papua Province.   Although in the end, the Military tribunal III-9 (of Military Command District Cenderawasih, Jayapura, Papua) fall short by giving only light sentences to the 7 defendants which were all military personnel.

Beside two case exposed above, KontraS documented at least 28 cases of torture done by Indonesian military and police.   Quantitatively, we believe torture practices have happened even more.   Difficulties occur in monitoring torture acts because often it occurs inside the military and police compound – and due to lack of victim’s courage to report any torture case because the perpetrators are the law enforcer itself.  Cases directly handled by KontraS, among others are:

(1) Torture case of RMS activists in Ambon,
(2) Torture of Hermanus in Maluku,
(3) Torture lead to fatal casualties of Charles Mali in NTT,
(4) Engineered case of Aan Susandhi in Artha Graha.

KontraS also highlighted other cruel, inhuman and degrading treatment including caning punishment in Aceh.

In particular, KontraS highlight Komnas HAM capabilities to investigate and uncover the patterns and causal roots of torture, especially of torture cases in conflict area such as Papua.   The degree of seriousness in torture cases often fit the requirement of a pattern that is widespread and systematic, but in several case (such as on the torture video and violence upon Reverand Kinderman Gire cases), torture is framed as an (isolated or) individual case , but is still a serious violation of human rights subject to the international law norm ‘Jus Cogens’.

Komnas HAM neglectfulness in resolving torture cases paves the way for further impunity and lack of respect of victims’ rights. From various complaint reports sent by KontraS together with victims’ family, not a single case has ended up with justice where the perpetrators are given a fair punishment.   These made worse by the absence of reparations toward victims of torture and their families. Those conditions are in line with the small numbers of torture cases resolved fully in trial. Torture in Indonesia is a typically a crime practiced with impunity.

Criminalization of perpetrators of torture must be done under a legal framework,  with respect of human rights, and by ensuring preventions so that similar cases will not repeat in the future.   Therefore, KontraS urge the state to highlight recommendations below:

1. Hasten criminalization of acts of torture – The Indonesian government, especially the Ministry of Law and Human Rights, must draft a special legislation on efforts in preventing and punishing acts of torture. Criminalization of torture will be an important benchmark for Indonesia in fighting future torture practice.   This effort will become an alternative step while efforts to enact a new Criminal Code procedure is yet to be fulfilled;

2. Indonesian Police and Military must have a vetting mechanism in their rank and file (promotions) process, that considers their officers track record as to who has committed torture, in order to further their members professionalism.

3. Police must increase their personnel capacity in conducting investigations and probes, whilst also maximizing effective and deterrent punishment for torture perpetrators. Torture cases continue to occur due to a lack of capacity for adequate investigation technique, thus Police resort to shortcuts in gathering evidence and gain confessions through torture;

4. Indonesian military must improve their internal accountability mechanisms by revising Military Tribunal Bill to ensure acts of torture are classified as criminal acts and receive maximum punishment.

5. National Commission of Human Rights must be able to resolve patterns and causal roots of torture practices, especially those committed by security forces, so they can provide adequate recommendations for relevant state institutions to make strategic policies to combat torture practices;

6. The government must implement recommendations from the UN Committee Against Torture; Follow up results from the country visits of the Special Rapporteur on Torture, Manfred Nowak in 2007; and the Universal Periodical Review (UPR) of 2008.

With the election of Indonesia to the United Nations Human Rights Council for the second time, the implementation of those recommendations is an indicator of Indonesia’s seriousness on human rights enforcement.

Jakarta, 26 June 2011

Executive Board

Haris  Azhar
Coordinator

5

Dogiyai villagers still in shock after Moanemani incident

JUBI, 28 June 2011Following the shooting of four civilians by members of the security forces in Dogiyai, Paniai, the people there are still in a state of shock.

A local man, Eli Petege said that all the inhabitants of four kampungs have fled their homes after being traumatised by the incident which led to the death of two inhabitants of Dogiyai.

‘Three kampungs evacuated but have now returned home, but they  are still in a state of shock.’ He said that the four kampungs that had been affected by the incident were Ikebo, Kimupugi, Muniyopa and Ekemani.

During the tragedy in Moanemani which  happened because a group of people were gambling, there were four casualties. The two men who died were Dominikus Auwa, 24 years, and Aloysius Waine, 24,  while three others were seriously injured, Otniel Yobee, 26, Agus Pigai, 24, and Wilibrodus Iyai.

The material losses included three pigs, the destruction of six homes along with the furniture and two motorbikes.

Related articles
6

AHRC (INDONESIA): Delayed Criminal Code reform prolongs institutional use of torture

FROM ASIAN HUMAN RIGHTS COMMISSION

FOR IMMEDIATE RELEASE
AHRC-STM-083-2011
June 24, 2011

A Statement by the Asian Human Rights Commission on the Occasion of the International Day in Support of Victims of Torture, June 26, 2011

INDONESIA: Delayed Criminal Code reform prolongs institutional use of torture

Has the video showing military torture in Indonesia in October last year created any serious concern for torture in that country? In the video, members of the Indonesian military tortured two indigenous Papuans to obtain information about alleged separatist activities. While some of the perpetrators got a few months of imprisonment for disobeying the orders of their superior, nobody was punished for the torture committed, nor did the victims receive any compensation or medical treatment. The extreme practices shown in the video shocked the public even though numerous cases of torture had been documented by NGOs and the National Human Rights Commission for years.

Torture is frequently used by the Police and the Military to force confessions, intimidate or to obtain information. The infliction of severe pain by public officials for the above and certain other purposes is prohibited in the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (full text in English, Bahasa Indonesia). This definition of torture and its prohibition also applies to Indonesia. Experts in and outside the country have repeatedly pointed out the neglect for institutional reform that the government has shown so far to effectively end this medieval practice.

Indonesia decided to ratify the Convention in 1998 and make it thus fully applicable into its legal and institutional system. While this may have appeared as a dedicated choice towards human rights, this promise from 1998 has never been kept. After 13 years, the government and parliament have failed to take even the basic key steps to end torture. As a result, torture continues to be applied.

What are the next steps to end torture? To make torture a crime! Amending the Criminal Code to make an act as defined in the international Convention punishable by law is a minimum requirement. Instead of fulfilling this requirement the government makes reference to maltreatment articles that actually only cover some parts of the problem as well as conduct guidelines for the police, which are neither promoted nor effectively enforced within the service.

Torture can be a convenient methodology for unprofessional members of the police force or the national military to “get things done”. Obtaining confessions, intimidating protesters, threatening minorities, producing quick case reports or to increase the income through bribes. Many dedicated staff in the national police, the national police commission and other related bodies have made considerable efforts to end this practice in their institutions but to support their efforts, more needs to be done.

Moreover, many see the use of torture as a legitimate and necessary mean to deal effectively with any wrongs ranging from petty crimes like theft up to organised terrorism. “Tough crimes need tough responses”, some may respond while forgetting that punishment is not part of the role of the police and military. Punishment for crimes is to be applied after a judicial process has established the guilt of the perpetrator and may then include imprisonment or other forms of non-violent punishments. But leaving an entire justice process in the hands of a police officer cannot be further away from fair trial and a just society.

Sunday June 26, 2011 is the International Day in Support of Victims of Torture. Indonesia has thousands of victims, probably more. Many of them have not committed any crime and the majority of them is poor or from marginalised groups. Persons undergoing serious torture often suffer from the post traumatic stress disorder syndrome, cannot sleep well, relate personally to society and are violated and broken in their heart and soul. Decades of medical research have shown how tremendous and long lasting the impact of torture for the body and mind are for the victims and often also for the perpetrator.

Justice does not need torture as the eradication of the practice proofs in other countries. In fact as long as torture continues in a society, violence prevails. This practice can end if the use of torture is effectively punished and fully prohibited. To fulfil the promise Indonesia made in 1998 to the Indonesian people the Criminal Code needs to be reformed immediately. The victims of torture need our support.

# # #

About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation that monitors human rights in Asia, documents violations and advocates for justice and institutional reform to ensure the protection and promotion of these rights. The Hong Kong-based group was founded in 1984.

Related articles
5

Create a website or blog at WordPress.com

Up ↑