ETAN Condemns U.S. Plan to Get Back in Bed with Indonesia's Kopassus Killers

ETAN Condemns U.S. Plan to Get Back in Bed with Indonesia’s Kopassus Killers
July 22, 2010 – The East Timor and Indonesia Action Network (ETAN) today condemned the Obama administration’s decision to resume engagement with Indonesia’s notorious Kopassus special forces.

“Slipping back into bed with Kopassus is a betrayal of the brutal unit’s many victims in Timor-Leste, West Papua and throughout Indonesia. It will lead to more people to suffer abuses,” said John M. Miller, National Coordinator of ETAN. “Working with Kopassus, which remain unrepentant about its long history of terrorizing civilians, will undermine efforts to achieve justice and accountability for human rights crimes in Indonesia and Timor-Leste (East Timor).”

“For years, the U.S. military provided training and other assistance to Kopassus, and when the U.S. was most involved Kopassus crimes were at their worst. While this assistance improved the Indonesian military’s deadly skills, it did nothing to improve its behavior,” Miller added.

“Engagement with Kopassus would violate the Leahy Law, which prohibits military assistance to units with unresolved human rights violations,” said Miller. “Even the previous Bush State Department’s legal counsel thought so, ruling that the Leahy prohibition applied to Kopassus as a whole.”

U.S. officials, speaking to the New York Times, distinguished between soldiers who were “only implicated, not convicted’ in human rights crimes. Administration officials have said that some Kopassus soldiers convicted of crimes no longer served with the unit, however many of them remain on active duty, including Lt. Col. Tri Hartomo, convicted by a military court of the murder of Papuan leader Theys Eluay in 2001.

The official American Forces Press Service wrote that a “senior defense official said Indonesia has pledged that any Kopassus member who is credibly accused of a human rights violation will be suspended pending an investigation, will be tried in a civilian court, and will be removed from the unit if convicted.” Legislation transferring members of military to civilian courts for trials has yet to pass.

“The problem remains that the Indonesian military (TNI) as a whole and Kopassus in particular rarely take accusations of human rights violations seriously and few end up in any court,” said ETAN’s Miller. “Engaging Kopassus with only token concessions will not encourage reform, respect for rights or accountability. It may do the opposite.”

Secretary of Defense Robert Gates announced in Jakarta that the U.S. “will begin a gradual, limited program of security cooperation activities” with Kopassus. U.S. officials told the media that “there would be no immediate military training,” However, Gates did not say exactly what criteria will be used to decide if “to expand upon these initial steps [which] will depend upon continued implementation of reforms within Kopassus” and the TNI.

Background

Engagement with Kopassus has been opposed by human rights and victims associations in Indonesia, Timor-Leste and internationally. It has been debated within the Obama administration and in Congress.

In May 2010, 13 senior members of Congress wrote the Secretary Gates and Secretary of State Clinton concerning plans to cooperate with Kopassus. The letter called for “a reliable vetting process critical… for identifying Kopassus officials who have violated human rights” and said “the transfer of jurisdiction over human rights crimes committed by members of the military to civilian courts should be a pre-condition for engagement with Kopassus.” Legislation to transfer members of the military to civilian courts has long been stalled. Trials of some soldiers before ad-hoc human rights courts, such as on East Timor, have resulted in acquittals.

Kopassus troops have been implicated in a range of human rights violations and war crimes in Aceh, West Papua, Timor-Leste and elsewhere. Although a few special forces soldiers have been convicted of the kidnapping of activists prior to the fall of the Suharto dictatorship and the 2001 murder of Theys Eluay, the perpetrators of the vast majority of human rights crimes continue to evade prosecution. Kopassus and other troops indicted by UN-backed prosecutors in Timor-Leste for crimes committed in 1999 during Timor’s independence referendum remain at large.

Kopassus was involved in Timor-Leste from the killings of five Australian-based journalists at Balibo in 1975 prior to Indonesia’s full scale invasion through its destructive withdrawal in 1999. Kopassus soldiers are alleged to have been involved in the 2002 ambush murder of three teachers (including two from the U.S.) near the Freeport mine in West Papua. The crimes of Kopassus are not only in the past. A Human Rights Watch report published last year documents how Kopassus soldiers “arrest Papuans without legal authority, and beat and mistreat those they take back to their barracks.” A report by journalist Allan Nairn describes security force – including a U.S.-trained Kopassus general – involvement in the killing of activists in Aceh last year. http://www.etan.org/news/2010/03nairn.htm

The leaders of Kopassus have consistently rejected calls to hold it accountable. In April 2010 at a ceremony marking the anniversary of the unit’s founding, Kopassus commander Maj. Gen. Lodewijk Paulus called allegations of past rights violations a “psychological burden.” He told The Jakarta Globe “Honestly, it has become a problem and people just keep harping on them. It’s not fair.”

Lt. Gen. Sjafrie Sjamsoeddin, who served with Kopassus and is accused of human rights violations in East Timor and elsewhere, remains as deputy defense minister. His position is being challenged in court by victims of human rights violations in the 1998 Jakarta riots and the 1997/1998 kidnapping of student and political activists.

In 2005, the Bush administration exercised a national security waiver that allowed for full engagement with the Indonesian military for the first time since the early 1990s. The conditions for U.S. military engagement, which the Bush administration abandoned, included prosecution of those responsible for human rights violations in East Timor and elsewhere and implementation of reforms to enhance civilian control of the Indonesian military. The Bush administration waited until 2008 to propose restarting U.S. training of Kopassus, which was suspended in 1998. The State Department’s legal counsel reportedly ruled that the 1997 ban on training of military units with a history of involvement in human rights violations, known as the ‘Leahy law,’ applied to Kopassus as a whole and the training did not go forward.

ETAN was founded in 1991 to advocate for self-determination for Indonesian-occupied Timor-Leste. Since the beginning, ETAN has worked to condition U.S. military assistance to Indonesia on respect for human rights and genuine reform. The U.S.-based organization continues to advocate for democracy, justice and human rights for Timor-Leste and Indonesia. For more information, see ETAN’s web site: http://www.etan.org.

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Support ETAN make a contribution here http://etan.org/etan/donate.htm
Thank you for your support.

John M. Miller, National Coordinator
East Timor & Indonesia Action Network (ETAN)
PO Box 21873, Brooklyn, NY 11202-1873 USA
Phone: +1-718-596-7668 Mobile phone: +1-917-690-4391
Email john@etan.org Skype: john.m.miller
http://www.etan.org

Twitter: http://twitter.com/etan009
Blog: http://etanaction.blogspot.com/
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Send a blank e-mail message to info@etan.org to find out how to learn more about East Timor and Indonesia on the Internet

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STATEMENT BY THE WEST PAPUA ADVOCACY TEAM REGARDING THE U.S. GOVERNMENT'S DECISION TO RESUME COOPERATION WITH THE INDONESIAN SPECIAL FORCES (KOPASSUS)

STATEMENT BY THE WEST PAPUA ADVOCACY TEAM REGARDING THE U.S. GOVERNMENT’S DECISION TO RESUME COOPERATION WITH THE INDONESIAN SPECIAL FORCES (KOPASSUS)

The decision of the Obama Administration to begin “gradual and limited” engagement with the Indonesian Special Forces (Kopassus) ignores more than a decade-old, bi-partisan, bi-cameral Congressional consensus opposing assistance to that organization.

Opposition to U.S. military cooperation with Kopassus is based on that unit’s undisputed record of human rights abuse, criminality and unaccountability before the law. U.S. Administration claims that the organization has recently adopted a reform course is belied by credible independent reporting that Kopassus continues to abuse human rights with impunity. A June 2009 Human Rights Watch report detailed Kopassus abuse of civilians in Merauke in the troubled province of West Papua.

Administration claims that those Kopassus personnel “convicted” of human rights abuse have been removed from the organization ignores the reality that the impunity enjoyed by Kopassus personnel for decades has ensured that only a handful of Kopassus personnel have ever faced justice in a credible criminal court. In a rare example of judicial action, seven Kopassus officers were convicted of the 2001 murder of the leading Papuan political figure, Theys Eluay. Of the seven convicted of what the judge in the case termed a “torture-murder,” all remain on active duty after serving brief sentences (the longest being three and one half years imprisonment). Six left Kopassus but one remains in the organization.

Administration assurances that any Kopassus candidate for U.S. training will undergo “vetting” by the State Department ignores past failures of the State Department to screen out Kopassus rights abusers and criminals.

The Administration announcement correctly notes that since the fall of the dictator Suharto, with whose military the U.S. military maintained close ties, Indonesia has been on a democratic course. But the Administration fails to acknowledge that the gravest threat to ongoing democratic progress is the Indonesian military which continues to evade civilian control. Despite 2004 legislative requirements that the military divest itself of its vast empire of legal and illegal businesses by 2009, the military retains this source of off-budget funding.

Kopassus and other military personnel continue to enjoy impunity before the law for human rights abuse and criminal activity including people trafficking and drug running as acknowledged in past U.S. State Department human rights reporting.

The Indonesian military, and particularly Kopassus and intelligence agencies continue to repress peaceful protest, most notably targeting the people of West Papua. The military, especially Kopassus, but also the U.S.-funded “Detachment 81” and the militarized police (BRIMOB), routinely intimidate, threaten and accost Papuans who non-violently resist denial of fundamental rights, illegal expropriation of their lands and marginalization. Military and police units have repeatedly conducted purportedly anti-rebel “sweep operations” in the remote Central Highlands forcing thousands of villagers into the forests where they suffer lack of food, shelter and access to medical care. Twenty percent of Kopassus personnel (approximately 1,000 personnel) are stationed in West Papua.

The U.S. Administration’s decision to resume cooperation with the most criminal and unreformed element of the Indonesian military removes critical international pressure for reform and professionalization of the broader Indonesian military. It signals to Indonesian human rights advocates who have born the brunt of security force intimidation that they stand alone in their fight for respect for human rights and genuine reform in Indonesia.

contact: Ed McWilliams, edmcw@msn.com, +1-575-648-2078

Photos and UPDATE ON THE SITUATION IN PUNCAK JAYA

UPDATE ON THE SITUATION IN PUNCAK JAYA
9 July 2010

Report by Piron Moribnak, Puncak Jaya

First part :
On Friday, 9 July 2010 TNI/Polri forces shot dead a TPN/OPM member sent from the Tingginambut headquarters in Kampung Jambi. NUMBUNGGA GIRE died at the hands of the Indonesian security apparatus and was then cremated by OPM members and villagers in Kampung Jambi. No picture could be attached to this report since the access from Kota Mulia to the place was blocked by military forces. Source: Witness from Kampung Jambi (D. GAME).

Second part
In May, I sent a report on two churches and villager’s houses torched down by Indonesian military in two villages in Tingginambut District, Yarmukum and Pilia. At that time, I did not have any pictures to testify. Here are a few pictures of the brutalities committed then by the TNI forces against villagers’ properties. These houses were burnt down by INDONESIAN MILITARY.


Picture 1 : Houses were torched down by military, forcing villagers to live in shelters, Tingginambut District. Picture taken by Dopes Morib

Picture 2 : An example of the Indonesian military perpetuated arsons : the GIDI church in Yarmukum, May 2010, Tingginambut District.

Picture 3 : A woman searches the ashes of an Indonesian military torched house for an axe or a knife, Pilia GIDI church, Tingginambut District.

(WPmedia note: Other photos were also included in the report but were not included as they do not show any significant evidence. see below)

(not included:
Picture 4 : A woman and her children appear helpless after their house was burnt down. They are now forced to live in a shelter under the banana trees (which doesn’t appear in the picture), Tingginambut District.
Picture 5 : A villager’s house that was also torched by the Indonesian military in Yarmukum, Tingginambut District.
Note – this image does not show any clear evidence of arson)

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