Tag: Detasmen 88

Fairfax:Anti-terror unit deals out own terror

Anti-terror unit deals out own terror
Tom Allard, Maluku
September 13, 2010

Reposting as WPMA were fixers

Ambonese prisoners claim they have been tortured and beaten by Detachment 88, Indonesia’s elite counter-terrorism unit funded and trained by Australia. See video at http://www.theage.com.au/national/antiterror-unit-deals-out-own-terror-20100912-15702.html

AUSTRALIA has sent an official to the Indonesian province of Maluku to investigate claims that Indonesia’s elite counter-terrorism unit, Detachment 88, which Australia and the US train and fund, brutalised a group of separatists last month, repeatedly beating and abusing them in detention

The alleged serious mistreatment of political activists in the Indonesian province comes as it emerged that, in May 2008, the US secretly banned members of Detachment 88 in Maluku from receiving assistance.

The Age has also learned that the Australian government is ”aware and concerned” about the activities of the Detachment 88 officers, sending an official to Ambon, Maluku’s capital, to investigate two weeks ago.

But human rights activists argue the response from the donor nations is inadequate because the abuses of peaceful protesters, which were first documented in late 2007, continue.

About 12 activists were arrested in early August and taken to the Detachment 88 office in Tantui, a suburb of Ambon, where they say they were subject to mistreatment both brutal and bizarre, an investigation by The Age has revealed.

The arrests occurred after police and intelligence officers foiled a plot to float dozens of banned flags and other political material attached on helium-filled balloons across Ambon when Indonesian President Susilo Bambang Yudhoyono and foreign guests were in town for the Sail Banda regatta.

Seven of the prisoners smuggled out recorded statements, while another activist was interviewed while recuperating from a fractured hip. He was handcuffed to his bed in hospital.

All said they were blindfolded and then hit around the head and body by the police officers during interrogation, sometimes with wooden sticks and bars or while forced to hold painful stress positions.

Police allegedly jumped on the prisoners, burned them with cigarettes, pierced them with nails, and brought them to the point of suffocation with plastic bags placed over their heads.

One said he was forced to eat raw chillies, while two said they were ordered to hug and kiss each other and beaten when they refused. ”We were all tortured beyond limit and, during the torture, if we mentioned the name of the Lord Jesus, we would be punched and slapped,” said Yusuf Sahetapy, one of the prisoners.

A spokesman for Australia’s Department of Foreign Affairs and Trade declined to confirm or deny whether Australia had, or would, institute a ban on Detachment 88 officers like the US, saying the department would not comment on individual members of the unit.

‘The Australian government is aware of, and concerned by, the allegations of brutality towards political prisoners,” the spokesman said. ”We will continue to monitor the situation and make representations as necessary.”

Detachment 88’s commander, Tito Karnavian, said the unit in Maluku was not under his control, and referred inquiries to local police.

The director of criminal investigations in Maluku, Jhonny Siahaan, said ”no violent act was ever used during the investigation. All the people arrested are doing fine. None with broken bones, all healthy, none hospitalised. It is our department doing it, not Detachment 88.”

But The Age interviewed one of the prisoners, Yonias Siahaya, in hospital, where he was recuperating from a fractured hip and was handcuffed to his bed. Mr Sahetapy also said he spent two days in hospital, before returning to detention and more beatings.

The Age also obtained one of the arrest warrants for the men, which is signed by Dwight Jordan de Fretes, who is identified as acting commander of Detachment 88 in Maluku.

Phil Robertson, deputy director for Asia of Human Rights Watch, said the allegations of torture by Detachment 88 have been consistent and detailed for three years, and Australia and the US needed to pressure the Indonesian government.

”Detachment 88 should be investigated by an independent body. The international donors should press very hard and consider suspending or limiting assistance,” he said. ”This kind of torture is a damning indictment of the Indonesian government … and of those who support Detachment 88.”

Related articles

Protesters tortured, beaten and humiliated by elite force http://www.theage.com.au/world/protesters-tortured-beaten-and-humiliated-by-elite-force-20100912-156y9.htm
Evidence is building that Detachment 88, which Australia and the US train and fund, is out of control.

Crack unit created after Bali attack
http://www.theage.com.au/world/crack-unit-created-after-bali-attack-20100912-156y8.html

Special Detachment 88, or Densus 88, is a crack Indonesian counter-terrorism unit that many Indonesians admire for its success in hunting down terrorists and preventing attacks.

West Papua Report September 2010

West Papua Report
September 2010
This is the 77th in a series of monthly reports that focus on developments affecting Papuans. This series is produced by the non-profit West Papua Advocacy Team (WPAT) drawing on media accounts, other NGO assessments, and analysis and reporting from sources within West Papua. This report is co-published with the East Timor and Indonesia Action Network (ETAN) Back issues are posted online at http://etan.org/issues/wpapua/default.htm Questions regarding this report can be addressed to Edmund McWilliams at edmcw@msn.com.

Summary:

More than a score of international non-governmental organizations called on President Yudhoyono to release Papuan Political Prisoners in commemoration of Indonesia’s August 17 Independence Day. Although the President did release and reduce sentences for convicted terrorists and common criminals on the national day, he did not respond to the appeal regarding political prisoners. The Indonesian Government has banned activities by Cordaid, a Dutch humanitarian organization that has aided poor Papuans for over three decades. The action is reminiscent of the Indonesian Government’s banning of International Committee of The Red Cross in West Papua in 2009. The Indonesian Commission on Human Rights and Papuan churches have urged the Indonesian government to reconsider its security approach in the Puncak Jaya region and address the growing violence there, including attacks on churches. The Indonesian government is under growing pressure to investigate the mysterious murder of a journalist in Merauke. Local police claim he committed suicide. The murdered journalist had built a reputation on investigation of illegal military businesses. The murder comes at a time of growing tension in the area as corporate interests seek to develop a massive food plantation. A video circulating widely on YouTube reveals the final moments of a Papuan bayoneted while in custody as he is taunted by the police.

Contents:

* International NGOs Call on President Yudhoyono to Release Papuan Political Prisoners

* The Indonesian Government Blocks the Operations of International Humanitarian Aid Group in West Papua

* Komnas HAM Speaks out Against Security Forces Operations in Puncak Jaya

* Churches Call for an Investigation of Attacks on Churches in Puncak Jaya

* Government under Growing Pressure to Seriously Investigate Journalist’s Murder

* The Reality of Security Force Brutality in West Papua

International NGOs Call on President Yudhoyono to Release Papuan Political Prisoners

Twenty five international non-governmental organizations have urged President Yudhoyono to release Papuan Political Prisoners. The August 16 letter which on the President to announce the release in the context of August 17 Independence Day celebrations. The letter also urged him to amend the Indonesian Criminal Code which criminalizes peaceful political protest and to investigate and prosecute prison warders guilty of abuse of these prisoners.

The NGO appeal noted that Indonesia’s incarceration of peaceful political dissenters violates Indonesia’s commitments under the International Covenant on Civil and Political Rights which Indonesia ratified in 2006. Indonesian authorities also have incarcerated Moluccans and others engaged in peaceful protest. There continue to be credible reports that political prisoners are being mistreated in custody.

President Yudhoyono has failed to respond to the NGO appeal though he did announce release of criminal prisoners, including those convicted of crimes of violence.

(See here to view full text of the August 16 letter and list of 25 signatories)

The Indonesian Government Blocks Operations of International Humanitarian Group in West Papua

The Jakarta Post, August 6, reported that the Indonesian government has banned Cordaid, a Dutch funding agency, from operating in West Papua. Cordaid has operated in West Papua for over three decades, assisting Papuan NGOs and the Papuan people more generally with a focus on social development and economic empowerment for the poor.

The ban came in the form of a refusal by the Ministry of Social Affairs to extend an existing Memorandum of Understanding that had expired in April of this year. The Government announcement that Cordaid must end its activities came in the form of a July 23 letter from the Social Affairs Ministry that responding to the standard request for an extension.

In rejecting the extension the Ministry, according to the Post, voiced suspicions regarding Cordaid’s exchange program between Papua and Mindanao, a restive region in southern Philippines –the program promoted participation of women in development from a faith-based and women’s perspective. The Government suspicions included purported Cordaid support for separatist elements.

In her written response to the Ministry, Cordaid sector manager Margriet Nieuwenhuis strongly denied that Cordaid helped Papua separatists. “The participants met only with Mindanao community groups and women leaders, not with political actors,” Nieuwenhuis said, adding that the program had been stopped.

The Jakarta Post reported that the July 23 letter also alleged that Cordaid had violated a “principle provision” in the memorandum of agreement with the Indonesian government. The letter claimed that “Cordaid has been involved in commercial and political activities by being a shareholder of Bank Andara and sponsoring the participation of a community group in the “Initiatives for International Dialog (IID).” The Indonesian ministry contended that IID supported secessionist movements in southern Thailand, Myanmar, the Philippines and Indonesia.” The government requested that Cordaid hand over ongoing projects to its local partners and neither expand the scope of the projects nor extend deadlines.

While adhering to the ban, Cordaid said its share in Bank Andara was less than 10 percent and that its participation in the program was directed toward support of microfinance institutions, particularly those with a strong focus on poverty reduction, helping clients who are considered too poor by other financial institutions to get loans.

The government’s policy to ban Cordaid was criticized by prominent human rights lawyer Totdung Mulya Lubis who said the decision was taken “too hastily” and without sufficient evidence. “It could set a bad precedent and lead outsiders to believe Indonesia is isolating Papua,” he said. Lubis pointed out that the government needed foreign donors to help develop Papua, one of Indonesia’s poorest regions. The Post quoted Lubis as observing that “to stop foreign social funding is akin to killing off NGOs in Papua, which almost entirely depend on overseas funding.

WPAT Comment: The decision to close the Cordaid office in West Papua parallels the decision to close down operations there by the International Committee of the Red Cross (ICRC) in 2009. Cordaid, like the ICRC, is seeking to negotiate its return to West Papua quietly. Shutting down the operation of these respected humanitarian organizations is consistent with the Jakarta policy to limit international assistance to Papuans who for decades have suffered from a dearth of basic humanitarian services and respect for human rights, areas of need that Cordaid and the ICRC respectively were manifestly addressing. The decision also is consistent with Jakarta’s long standing campaign to limit international awareness of Papuan suffering. Finally, it is noteworthy that closing the operation of these two organizations which have done so much good for Papuans was a decision taken exclusively by Jakarta with no involvement of Papuans. These two episodes underscore that the promise of “special autonomy” is hollow.

Komnas HAM Speaks out against Security Forces Operations in Puncak Jaya

The Papuan branch of the National Human Rights Commission (Komnas HAM) urged the Indonesian police and military to cease their military operations in Puncak Jaya district, in an August 11 statement by Mathius Murib, deputy chair of the organization in Jayapura. The public appeal came on the heels of a visit to the area by a Komnas HAM team to investigate recent incidents. The team, which Murib led, urged senior police officials in Puncak Jaya to initiate legal proceedings against all those persons or groups involved in the Puncak Jaya case from 2004 rather than simply employ armed force.

Murib noted that from 17 August 2004 up to August 2010 the inhabitants of Puncak Jaya have lived in a constant state of trauma because of reports that dozens of civilians as well as members of the security forces have been killed in Puncak Jaya. Murib urged that the police and the military immediately stop all operations to hunt people down in Puncak Jaya district and consider instead other ways of resolving the problems there. “We believe that force of arms or other forms of violence will never resolve these problems and will only lead to yet more problems and more casualties,” he said.

He also urged the civilian population in the area to remain calm, work together, and avoid being provoked by irresponsible elements. Murib said that Komnas HAM will be urging the district chief of Puncak Jaya as well as civil society, in particular the church, to draft a comprehensive account of developments during the current year. Murib explained that the role of the church in particular was important.

Churches Call for an Investigation of Attacks on Churches in Puncak Jayaa

Church leaders in the Puncak Jaya region on August 18 called for an investigation of shootings which have targeted churches in Puncak Jaya since 2004. Rev. Socrates Yoman, President of the Fellowship of Baptist Churches in Papua, called for creation of an “independent team” to investigate the attacks.

The Jakarta Post reported that Yoman’s call has been echoed by other Papuan religious leaders including the Indonesia Christian Churches (GKI) of Papua, Indonesia Bible Churches, the Kingmi Synod of Papua, the Catholic Diocese of Jayapura. All specifically call for an independent investigation of the attacks.

For its part, the Fellowship of Baptist Churches of Papua urged the provincial council and the Papuan People’s Assembly (MRP) to immediately invite the Governor and police and military chiefs to explain about the violence to the public and appealed to people to remain calm.

Government under Growing Pressure to Investigate Journalist’s Murder Seriously

The July 30 murder of journalist Ardiansyah Matra’is in Merauke and the failure of the Indonesian police to seriously investigate the crime has drawn growing criticism.

A police autopsy of the victim revealed that Matra’is was struck by several blows before falling into the water and drowning in Maro River, Merauke. The Indonesian police spokesman in Jakarta acknowledged that several of Matra’is teeth were missing and that there was swelling in several parts of his body, wounds likely to have resulted from his having been struck with a blunt implement. The Merauke police, however, rejected the announcement in Jakarta, saying that Matra’is had probably committed suicide.

Nezar Patria, the chairman of the Alliance of Independent Journalists (AJI) stated that the police should immediately investigate who murdered Matra’is, adding that it had sent a representative to visit Jayapura and trying to arrange a meeting in Jakarta with the national police.

Forkorus Yoboisembut, the chairman of the Papuan Customary Council, suggested President Susilo Bambang Yudhoyono to set up an independent team to investigate the murder of Matra’is as well as Ridwan Salamun, a Sun TV stringer in Tual, Kei Island, on August 21.

Yoboisembut told the Voice of Human Rights radio that many parties have interest in not having the police to seriously investigate the Matra’is murder. “I think if the case is investigated, many parties will be implicated, prompting the investigation to be delayed up to now, a month after the murder.”

Matra’is is the son of a Javanese transmigrant in Merauke. He worked mostly as a freelancer, including his latest work for the Tabloid Jubi website. He is survived by his wife and two children.

The Voice of Human Rights reported that Matra’is had earlier written reports on illegal logging around Jayapura as well as military businesses in Merauke. The killing transpired at a time of growing tension in the Merauke area associated with a plan backed by the local government and Jakarta to create a massive plantation. The “development” plan would severely impact local Papuans who rely on the forest and other lands that would be consumed by the project. Local opposition and local media coverage of that protest has been under growing pressure from local authorities. Some journalists received threatening text messages in the week during which Matra’is was murdered.

Complicating any effort to understand or resolve this crime is the infiltration of intelligence personnel into the ranks of journalists. The Voice of Human Rights named two men who had allegedly worked for the intelligence and infiltrated the Tabloid Jubi website. One of them is a Javanese man who originates from Rangkas Bitung, West Java, but went to college in Yogjakarta, who claimed that he is an NGO activist but also a car workshop owner, a crocodile skin trader and a political analyst. His writing revealed his Indonesian military-styled analysis about the failures of local elites in post-Helsinki Aceh and in Sarmi, Papua. He has disappeared from Papua after the Matra’is murder.

see also

* FORUM-ASIA, Imparsial, and AJI Condemn the Murders of Two Journalists in Indonesia
* IFJ Worried for Safety of Journalists in Papua As Elections Loom
* CPJ: Indonesian reporter dies; had received death threats

The Reality of Security Force Brutality in West Papua

Through much of August a video depicting the reality of Indonesian state security force brutality in West Papua has circulated widely on the internet. The stark YouTube video presents the last minutes of a Papuan man captured and then bayoneted by the Indonesian police (Brimob). In the video, as the man lies dying with his intestines spilling onto the ground, his head propped against a log, he is taunted and tormented by his murderers. “Oh God!” Yawan Wayeni cries a few times in pain. Instead of treating him, the policemen seen on the video continue to question and taunt him. The scene is reminiscent of the killing of Papuan resistance leader Kelly Kwalik several months later who bled to death from an untreated bullet wound to his thigh while in police custody.

see Al-Jazeera report on video – http://www.youtube.com/watch?v=wxHTpQho5es&feature=channell

The torture-murder of Yawan transpired in early August 2009 but the video of his final moments surfaced only in late July 2010. During the intervening 11 months the police failed to investigate the incident. Only in the wake of the surfacing of the tape and growing international outrage did the police move to investigate. But even that tardy explanation has been inappropriate with police threats and intimidation aimed at any potential witnesses including Yawan’s wife and young family. The evidence the police have sought to suppress incriminates Yawan’s captors: Yawan was seized without a weapon and was hobbled by a bullet wound to the calf. He was secure in police custody at the time a bayonet was thrust into his abdomen.

Yawan was no stranger to the Indonesian authorities and was on a police blacklist. He was the personal bodyguard of the Chairperson of the Serui Traditional Board, Yusuf Tanawani, a vocal critic of Indonesian policy. Yawan, 39, was also a member of the “Team of 100” Papuan civil society leaders who in 1999 met with President B.J. Habibie at the Palace to demand independence for Papua. It was this group that 50 U.S. members of Congress proposed that President Obama meet with during his anticipated November 2010 visit to Indonesia.

At the time of his capture, as he breakfasted at dawn with his family in a potato patch on Yaopen Waropen islands, Yawan was also a wanted man. He had who escaped from Serui prison months earlier where was serving a nine-year jail sentence for state-alleged involvement in an armed raid against the employees of PT Artha Makmur Permai and the military post at Saubeba, Serui. According to the report of the Commission for Missing Persons & Victims of Violence (Kontras), during the raid the police found only Yawan’s wife and children in the hut. Yawan’s widow has stated that Yawan did not have a weapon. He had fled the breakfast site at their approach but returned when his children began crying in the presence of the heavily armed police at their garden hut. As he returned to the site of his distressed family he was shot in the calf and seized.

Chairman of the National Commission for Human Rights, Ifdhal Kasim has joined in a wide public outcry in Indonesia over the incident, insisting the “Police must investigate Yawan’s death and protect his family.”

AMNESTY INTERNATIONAL: End criminalization of peaceful political activities in Maluku

AMNESTY INTERNATIONAL
Public statement

AI Index: ASA 21/017/2010
19 August 2010

INDONESIA: End criminalization of peaceful political activities in Maluku

The decision to charge at least 22 political activists in Maluku for “rebellion” once again highlights the failure of the Indonesian government to distinguish between armed groups and peaceful political activists. Amnesty International urges the Indonesian government to release immediately and unconditionally the activists, who are all men, if they have been arrested solely for their peaceful political activities.

On 13 August 2010 the Maluku police announced that they were planning to charge the political activists with “rebellion” against the state (makar) under Articles 106 and 110 of Indonesia’s Criminal Code (KUHP, Kitab Undang-Undang Hukum Pidana). The police pointed to evidence which included possession of dozens of “Benang Raja” flags, a symbol of the South Maluku independence; Republic of South Maluku (RMS) membership cards; and photos and stickers of the independence flag.

According to local sources, the activists were planning to use the visit of Indonesia’s President, Susilo Bambang Yudhoyono, to Maluku in early August as an opportunity to disseminate materials related to alleged human rights violations there, including posters calling for the release of political prisoners in Maluku arrested for their peaceful political activism.

Amnesty International is also concerned about their safety in custody, as detained political activists are known to have been tortured and ill-treated in Maluku. The authorities must ensure that the men are allowed access to legal counsel of their choosing, their families and any medical treatment that they may require.

Background

The Republic of South Maluku (RMS), an armed pro-independence movement, officially ended in Maluku with the execution of its leader by the Indonesian authorities in 1966. However, some villagers continue to raise the “Benang Raja” flag there as a peaceful political act of protest against the central government.

Amnesty International has documented dozens of arrests in past years of political activists who have peacefully called for independence, particularly in areas where there has been a history of pro-independence movements such as Maluku and Papua.

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 other political solutions.

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

In June 2007, 22 political activists in Maluku province were arrested for unfurling the “Benang Raja” flag while performing a traditional “Cakalele” dance in front of the President. After their performance, the police, particularly the anti-terrorist unit Detachment-88, detained all 22 of the dancers. They were tortured or otherwise ill-treated, charged with “rebellion” under Articles 106 and 110 of the Indonesia Criminal Code and are serving sentences of between seven and 20 years’ imprisonment. Amnesty International considers them to be prisoners of conscience. A twenty-third dancer, also a prisoner of conscience, was arrested in June 2008 and sentenced to four years’ imprisonment in March 2009.

ENDS/

Public Document
****************************************
For more information please contact Amnesty International’s press office in London, UK, on +44 20 7413 5566 or press@amnesty.org

Amnesty International, 1 Easton St., London WC1X 0DW, http://www.amnesty.org
For latest human rights news view http://news.amnesty.org

—

Open Letter to President of Indonesia on Papuan Political Prisoners

*c/o PO Box 21873
Brooklyn, NY 11202 USA
*etan@etan.org

August 16, 2010

Susilo Bambang Yudhoyono
President
Republic of Indonesia
Istana Merdeka
Jakarta Pusat 10110 Indonesia
Via Fax, E-mail

Dear President Yudhoyono:

As Indonesia’s National Day on 17 August approaches, we the undersigned non-governmental organizations engaged in the defense of human rights in Indonesia are deeply concerned that dozens of Papuans are incarcerated in prisons in Papua and West Papua simply for having been involved in non-violent demonstrations or expressions of opinion.

In most cases, these prisoners have been sentenced under Criminal Code Articles 106 and 110 regarding “rebellion.” These articles are a legacy from the Dutch colonial era and are in violation of the Indonesian Constitution, Articles 28(e) and 28(f) which respectively afford “the right to the freedom of association and expression of opinion,” and “the right to communicate and obtain information for the development of his/her personal life and his/her social environment, and shall have the right to seek, acquire, possess, keep, process and convey information by using all available channels.”

Moreover, Articles 106 and 110 are inconsistent with your country’s
international obligations under the International Covenant on Civil and
Political Rights (ICCPR) which Indonesia ratified in 2006. While the
ICCPR (article 19) notes that these rights are subject to certain
restrictions “for the protection of national security and of public
order or public health or morals,” the 1995 Johannesburg Principles on
National Security, Freedom of Expression, and Access to Information
identify clear standards for application of national security
restrictions. These Principles provide that persons should not be
restrained for expressing their opinions. Governments should only take
action against such expression of views on the grounds of national
security if they can demonstrate that they would incite acts of imminent violence. The prosecution of the aforementioned Papuan political prisoners has offered no evidence of any such threat of imminent violence in association with their physical or verbal actions.

While we strongly believe that none of these prisoners should have been prosecuted in the first place, we are also deeply concerned about the disproportionately harsh sentences imposed on these political prisoners given their non-violent acts. One prisoner arrested in 2004 and charged under these articles is serving a 15-year sentence while others have been given sentences of three or four years. Moreover, there have been alarming reports of maltreatment of the prisoners by prison warders and the lack of essential medical facilities. In one case, a prisoner with a serious prostate disorder had to wait eight months before being allowed to travel to Jakarta for essential treatment recommended by the local doctor. Severe Beatings of prisoners and detainees are frequently and credibly reported.

We the undersigned have on a number of occasions welcomed the democratic progress in Indonesian since the fall of the Suharto dictatorship, inspired by the Indonesian people. We recognize that this progress had been achieved despite frequent threats by the as yet unreformed Indonesian security forces.

In view of the tradition to mark Indonesia’s National Day on 17 August
by announcing the release of prisoners and bearing in mind the
restriction on essential freedoms such as those contained in Articles
106 and 110 of the Criminal Code we respectfully call on you to mark
this year’s celebrations by:

* releasing all Papuan political prisoners, including those already
convicted and those waiting trial;

* securing the deletion of Articles 106 and 110 of the Criminal Code;

* ordering an immediate investigation into conditions in the prisons
where the prisoners are being held and ensure the punishment of all
prison personnel held responsible for maltreatment.

We look forward to your response.

Sincerely,

Aliansi Nasional Timor Leste Ba Tribunal Internasional (ANTI)/
Timor-Leste National Alliance for an International Tribunal
Australia West Papua Association Adelaide
Australia West Papua Association Brisbane
Australia West Papua Association Melbourne
Australia West Papua Association Newcastle
Australia West Papua Association Sydney
East Timor and Indonesia /Action/ Network (ETAN) (U.S.)
Foundation Akar (The Netherlands)
Foundation Manusia Papua (The Netherlands)
Foundation of Papuan Women (The Netherlands)
Foundation Pro Papua (The Netherlands)
Free West Papua Campaign UK
Freunde der Naturvölker e.V./FdN (fPcN) (Germany)
Human Rights Watch
KontraS (Indonesia)
Land is Life (U.S.)
La?o Hamutuk (Timor-Leste)
Perkumpulan HAK (HAK Association) (Timor Leste)
Tapol (Britain)
West Papua Advocacy Team (U.S.)
West Papua Network Germany

0

HRW: Indonesia: Free ‘Balloon Activists’ in Ambon

HUMAN RIGHTS WATCH

Indonesia: Free ‘Balloon Activists’ in Ambon
Ill-Treatment of Political Prisoners in Earlier Episodes Raises Grave Concerns
http://www.hrw.org/en/news/2010/08/10/indonesia-free-balloon-activists-ambon
August 10, 2010

Related Materials:
Prosecuting Political Aspiration
Indonesia: Stop Prosecuting Peaceful Political Expression
Indonesia’s Not-So-Well-Kept Secret

Sadly, free speech in Indonesia is about as sturdy as the detained activists’ balloons. The Indonesian government publicly claims that it respects freedom of expression, so it should live up to its word and free these peaceful protesters immediately.
Phil Robertson, deputy Asia director at Human Rights Watch

(New York) – The Indonesian authorities should immediately release the activists for Moluccan independence arrested in Ambon at the beginning of August 2010, Human Rights Watch said today. The activists were allegedly planning to float banned Moluccan independence flags attached to balloons to protest an August 3 visit by President Susilo Bambang Yudhoyono.

Local sources reported that between 7 and 15 activists were arrested in connection with balloon launch plans to express political opposition to Indonesian rule in the Moluccas Islands. The police reportedly confiscated as evidence 133 posters that read “Free Alifuru and Papua Political Prisoners,” two copies of the June 2010 Human Rights Watch report “Prosecuting Political Aspiration,” 17 separatist Southern Moluccas Republic (Republik Maluku Selatan or RMS) flags, and one 12-pound gas cylinder to be used to fill the balloons. Yudhoyono was in Ambon to open the “Sail Banda” event, organized by the Tourism Ministry and the Moluccas Islands government to promote tourism in the Banda Sea.

“Sadly, free speech in Indonesia is about as sturdy as the detained activists’ balloons,” said Phil Robertson, deputy Asia director at Human Rights Watch. “The Indonesian government publicly claims that it respects freedom of expression, so it should live up to its word and free these peaceful protesters immediately.”

Human Rights Watch expressed grave concern that past torture and ill-treatment of political prisoners in Ambon puts the recently detained activists at serious risk. The detainees should have immediate access to family members and legal counsel, Human Rights Watch said.

Those arrested include Benny Sinay, Izak Sapulete, Andy Marunaya, Edwin Marunaya, Ongen Krikof, Marven Bremer, Steven Siahaya, and Ony Siahaya. Jacob Sinay, who lost his civil service job in December 2009 because of his political activism, is also being held. Most were arrested at their homes on August 2 and 3. Some were also arrested because they publicly unfurled the separatist RMS flag in some places in the archipelago, including on Ambon and Saparua islands.

Observers at the Sail Banda event in the Yos Sudarso seaport in Ambon described what they considered to be a very large deployment of police officers and military personnel. The security forces apparently sought to prevent a repeat of Yudhoyono’s June 29, 2007 visit, when 28 local Moluccan dancers were able to enter the Ambon stadium, dance the cakalele war dance, and unfurl the RMS flag.

More than 70 men were arrested after the 2007 dance. Many were tortured after being handed over to Anti-Terror Unit 88 forces based in Ambon. The Ambon district court convicted more than three dozen of them, including the dance leader Johan Teterisa, of treason and sentenced them to prison terms ranging from 5 to 20 years. Teterisa was sentenced to 15 years and is in the Malang prison in eastern Java.

Human Rights Watch expressed concern that Ambon authorities confiscated the recent Human Rights Watch report, “Prosecuting Political Aspiration,” as possible evidence in a case against the activists. The report profiles the cases of 10 prominent Papuan and Moluccan activists currently behind bars for expressing their political views, and details ill-treatment they suffered in detention and violations of their due process rights.

In June, Human Rights Watch discussed the findings of the report in Jakarta with officials from the Law and Human Rights Ministry, the Foreign Affairs Ministry, and the National Commission on Human Rights. At least 100 Papuans and Moluccans are in prison in Indonesia for peacefully expressing their political views.

“By arresting the Ambon activists, the Indonesian authorities are repeating the very mistakes that raised doubts globally about Indonesia’s commitment to improving human rights,” Robertson said. “The government should release these peaceful protesters immediately and spare the country further international condemnation.”

Background
Human Rights Watch takes no position on claims to self-determination in Indonesia or in any other country. Consistent with international law, Human Rights Watch supports the right of all individuals, including independence supporters, to express their political views peacefully without fear of arrest or other forms of reprisal.

Most of the current political prisoners in Indonesia were convicted of makar (treason) under articles 106 and 110 of the Indonesian Criminal Code.

However, freedom of expression is protected both in Indonesia’s constitution and international human rights law. The constitution in article 28(e) states, “Every person shall have the right to the freedom of association and expression of opinion.” Article 28(f) provides, “Every person shall have the right to communicate and obtain information for the development of his/her personal life and his/her social environment, and shall have the right to seek, acquire, possess, keep, process, and convey information by using all available channels.”

In December 2007, the Indonesian government issued Government Regulation 77/2007, which regulates regional symbols. Article 6 of the regulation bans display of flags or logos that have the same features as “organizations, groups, institutions or separatist movements.” Both the Papuan Morning Star flag and the RMS flag are considered to fall under this ban.

The International Covenant on Civil and Political Rights, which Indonesia ratified in 2006, also protects the right to free expression. Under article 19, “[e]veryone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.”

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