Tag: extrajudicial killings

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.

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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.

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Moanemani incident under investigation, say police

JUBI: 22 June, 2011
The chief of police of Nabire, AKBP Mohammad Rois said that the Moanemani
incident that occurred in the district of Dogiyai i s now under
investigation and was soon to be taken to court.

”Those of my men who were involved in that incident are being
questioned, and if there is evidence against them, firm action will be
taken.,’ he said.

The chief of police was responding to accusations made by the
Association of Students from the Central Highlands along with the
families of the victims that the legal process was under wraps with
regard to this incident when there were shootings and sweepings in
Dogiyai, as reported by the tabloid newspaper JUBI.

He declared that the police was firmly committed to investigate this
incident. which involved the burning down of people’s homes, the
beating of the police chief and the shooting of a number of civilians,
as well as the ‘togel’ (gambling) case.’We are handling them all,’ he said.

He denied that the case was being neglected and said that action would
certainly be taken against those of his men who were guilty. ‘This also
includes civilians who may have committed crimes; they too would be
brought to justice.’

He insisted that no one is this country is immune from justice.

Two civilians died in the Moanemani incident while three others were
seriously wounded. In addition, local people had burned down the office
of the chief of police as well as other places and were also trying to
burn down a place of worship.

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Students call on police chief to explain action regarding the shooting in Moanemani 3 months ago

JUBI, 19 June 2011

AMPTPI. the Association of Students from the Central Highlands, has
urged the DPRP to summon the police chief in Papua to ask him about how
the investigation into shooting in Moanemani , the district of
Dogiyai is proceeding.

‘The chief of police should inform the public about whether any progress
has been made in this case, said Andreas Gobay, chairman of the
association in Eastern Indonesia.

The association has the impression that the case which involved
shootings and the destruction of resources belonging to the people has
stagnated. It even seems to be the case that nothing is being done to
secure justice in this case.

‘What we want to know is how the case is being processed and the
possibility of compensation for the victims.. We may be wrong but what
we have seen so far is that those who were responsible for the shooting
are enjoying the protection of the forces of law and order,’ said Andy.

He pointed out that the Moanemani tragedy occurred three months ago but
nothing is as yet known about any legal processes. This is in spite of
the fact that it is generally understood that the police force in
Moanemani were involved. ‘This means that the DPRP should summoned the
chief of police in Papua about the case.’

There were at least four casualties in the case. Apart from Dominikus
Auwa, 24, and Aloysius Waine 24, who died, three other sustained serious
injuries, Otniel Yobee, 26, Agus Pigai, 24 and Wilibrodus Iyai. At the
same time, the local community also suffered losses, the destruction of
six homes with all the furniture, the loss of three pigs, two motorbikes
and 6 genzet (?) units.

Andreas also said that this case of human rights violations of civilians
in Dogiyai was the work of the security forces. The association along
with members of the families of the victims have also held discussions
about the case with the leaders of the DPRP.

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Statement of deep concern by Coalition of Human Rights Defenders in Papua

Bintang  Papua, 17 June 2011Human rights defenders in Papua very worried

Acts of violence and terror that have been perpetrated against human rights defenders as well as against journalists have led to a  sense of deep concern among human rights NGOs and religious organisations which are members of the Coalition of Human Rights Defenders in the Land of  Papua

The following NGOs held a press conference in Jayapura  on Friday 17 June, to convey their problems:

KomnasHAM- Papua, the Synod of the Kingmi Church in Papua, the Synod of the Baptist Church in Papua, Foker NGO (NGO Working Group) Papua, Kontras Papua, LBH – Legal Aid Institute in Papua, and BUK, United for Truth.

Foremost among the agencies criticised was the TNI, the Indonesian army whose members were involved in a number of acts of violence. They drew attention in particulate to five incidents that had occurred during the past five months in which members of the TNI were involved:

‘Up to June this year, there have been at least five incidents which reflect the  arrogance and random actions perpetrated by members of the TNI,’ said Olga Hamadi, the co-ordinator of Kontras Papua. Others present at the press conference included the Rev. Benny Giay, chairman of the Synod of the Kingmi Church in the Land of Papua, Mathius Murib, representative of Komnas HAM-Papua, Eliezer M, LBH-Papua, Julian Howay of the ALDP, and a number of human rights activists.

They said that the much-vaunted  reforms within the TNI were rarely reflected in the activities of members of the TNI on the ground. ‘Is this what the commander of the TNI was praising so profusely during his recent visit to Papua,’ wondered Rev Giay.

Mathius Murib  said that the incident that occurred in Puncak Jaya a few months ago had drawn a great deal of public attention, nationally as well as internationally. [This refers to the acts of torture against Papuans that were circulated by video.]

‘All their talk about Love and Peace is far from been applied by members of the security forces on the ground. Isn’t it time for them to change their tune?’

They said that the continued occurrence of acts of violence and intimidation by members of the TNI is a clear indication that no actions have been taken against members of the TNI who have violated the law.

‘We are concerned about the impact this is having on the reputation of the Indonesian state and wonder  what is being done to protect the rights of human rights defenders,’ said Olga Hamadi.

She said that in cases where members of the TNI had been involved in acts of violence, all that had happened was that they had been moved sideways. ‘Or, in those instances where they had been taken to court, they had appeared before a military tribunal and the verdicts were often unclear or had had little if any effect.,’ said Peneas Lokbere, co-ordinator of BUK.

The Coalition of Human Rights Defenders in the Land of Papua therefore issued the following statement:

1. Protection is needed for human rights defenders in Papua in carrying out their humanitarian activities throughout the Land of Papua. Such protection can be provided by the introduction of a special law, while at the same time setting up an independent commission at state level for the purpose of monitoring and advocacy as well as taking sanctions against those individuals who commit violence against human rights defenders.

2. As a short-term measure, we regard it as important to set up a special bureau within Komnas HAM to focus on the protection of human rights defenders.

3. In view the many acts of intimidation and violence perpetrated by members of the armed forces, we urge the military commander of  Cenderawasih XVII military command  to take firm measures in the law courts and administration against all violations perpetrated by members of the TNI on the ground.

4. To provide moral guidance  to all officers of the armed forces  as well as disseminate an understanding of human rights so as to ensure that acts of violence  perpetrated by members of the armed forces are not committed against civil society or against human rights defenders in the Land of Papua.

[Translated by TAPOL]

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Human rights NGOs in Papua may seek international action about violations in Papua

Bintang Papua, 14 June 2011
Jayapura: On the occasion of the tenth anniversary of the Wasior
incident, which was described by Komnas HAM – the National Human Rights
Commission – as a gross violation of basic human rights, two leading
human rights organisations in West Papua, BUK – United for Truth – and
KontraS-Papua – Commission for the Disappeared and the Victims of
Violence, held a press conference in Jayapura.

They said that there has been a failure to show any serious concern
about the violation of basic human rights in Papua. In view of this,
they said that they now intend to bring these cases up before an
international mechanism. ‘There has as yet been no international move
to take action on these cases, but we intend to raise these issues by
waging a campaign in the hope that this will bring pressure to bear on
the Indonesian government to resolve these cases,’ said Selpius Bobii,
the BUK co-ordinator. who was accompanied as the press conference by
the co-ordinator of KontraS-Papua, Olga Hamadi.

He also said that they would make formal approaches by letter to a
number of government institutions as well as NGOs.

‘Immediately after this press conference, we will be sending letters to
Komnas HAM, to the attorney-general’s office, to Amnesty International ,
to the media in Papua as well as to NGOs in Germany and elsewhere.’

The organisations felt that such action was now called for as a way of
exerting pressure so as to ensure that these cases are recognised as
gross human rights violations and are brought before a court of law.

‘It seems that it is necessary to bring pressure to bear on the various
NGOs and on the government to persuade them to be more serious about
resolving a number of human rights cases in Papua,’ they said.

According to data that has been collected by BUK, these cases resulted
in the deaths of six people at the time of the incidents, while seven
others died subsequently as a result being subjected to torture. Seven
people are reported to have disappeared, while no fewer than 305 others
were subjected to sweeping operations known as ‘Tuntas Matoa’.

‘There has also been discrimination against the families of the victims
because their parents have been branded as separatists. This is apparent
from the way that /respect /funds have been distributed, bearing in mind
the fact that the families have been treated differently than others in
the community.’

With regard to the human rights violations that have been perpetrated in
Papua at the hands of members of the Indonesian army (TNI) and the
Indonesian police (POLRI), in all these cases, it has been virtually
impossible to bring them before a court of law. ‘In the case of those
incidents that were actually taken to court, nothing was done to side
with the victims; the perpetrators were protected with the argument that
whatever had been done was in the interest of the security of the state.
An example of this was the Abepura case where those who were found
guilty are no longer behind bars.

The Wasior incident occurred on 13 June 2001. It was triggered when a
person demanded compensation for the theft of his traditional land
rights but this failed to solicit any response. On the contrary, the
people concerned were accused of disrupting security and were arrested,
tortured, and in many cases killed or made to disappear.

‘Cases that have been identified by Komnas HAM as gross violations of
human rights have reached a stalemate.after disputes between Komnas HAM
and the attorney-general’s office, with the latter using formalistic
excuses.

They went on to say that the Wasior case as well as the Wamena case (the
fatal shooting of Opinus Tabuni in August 2010) had been acknowledged by
Komnas HAM as gross violations of human rights but it had been virtually
impossible to deal with such cases because the administrations of the
provinces of Papua and West Papua which came into being following the
special autonomy law (OTSUS) had also failed to respond.

In view of all this, the representative of BUK made the following demands:

1. The president of Indonesia should immediately resolve the Wasior and
Wamena cases and in doing so recognise the fact that Papuans are
citizens of the Unitary Republic of Indonesia, NKRI which means that
their standing and dignity within the state is in keeping with the
values of the Papuan people as citizens of Indonesia.

2. The attorney-general’s office should end its machinations with regard
to the Wasior and Wamena cases and co-ordinate with other state
institutions so as stop their activities which have resulted in
reinforcing the cycle of impunity.

3. The administration of the province of Papua, along with the DPRP,
Komnas HAM-Papua and the MRP (Majelis Rakyat Papua ) should act together
as quickly as possible to ensure that the Wasior and Wamena incidents
are brought before a human rights court in the Land of Papua.

4. A Papuan Human Rights court should be set up immediately.

5. If the government fails to deal seriously with the Wasior and Wamena
cases, we as representives of all the victims of human rights
violations in the Land of Papua will bring these matters before an
international court of law.

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