Tag: filep karma

AWPA: West Papua 2010 Chronology of events

The Australia West Papua Association has produced a very useful chronology of all key events that occurred in West Papua in 2010.  The full document can be accessed here: West Papua 2010 Chronology of events,

The introduction is reprinted below:

Human rights situation in West Papua[1]

The human rights situation in West Papua continued to deteriorate in 2010. One incident in particular highlighted the worsening human rights situation and that was the shocking video footage of West Papuans being tortured by Indonesian soldiers. The video showed several men in military fatigues torturing two Papuans. The soldiers in the video threaten the two men with sharp weapons and pressed a burning bamboo stick against one of the men’s genitals. The torture of the men prompted a wave of international criticism with human rights organisations around the world condemning the actions  of the Indonesian military.  This incident was not an isolated incident and in further evidence of  human rights abuses another report  accused the police of burning down the village of Bigiragi in the Puncak Jaya district.  The report said that 16 Mobile Brigade officers had burned the village to the ground on October 11. The report said that at least 29 homes were destroyed in the incident leaving at least 150 people homeless

Military operations in Puncak Jaya

A number of  military operation took place in the Puncak Jaya region in 2010 and in fact security operations have been ongoing in the Puncak Jaya region for years . Security forces  conduct regular sweeps  (military operations) in the area to pursue members of the Free Papua Movement (OPM).  Many reports have pointed out the the security forces have great difficulty distinguishing  between what the term separatists  and the general public. These operations leave the local people traumatised and in fear for their lives.  In a report in Bintang Papua (29 June)  The local chief of police admitted that “the OPM  are all over the place including in the town of Mulia, mingling with the community. He said that because the features of the mountain people are almost the same as other people in the area, ‘it is making it very difficult for us to differentiate  between who is OPM and who is just an ordinary member of the community”. This statement raises great concerns that civilians are in danger of being targeted as members of the OPM. During these military operations villages have been destroyed as well as  gardens and livestock. In September  the House of Representatives (DPR) Law Commission deputy chairman, Tjatur Sapto Edy lamented the military operations in the Puncak Jaya Regency following a report by the  National Commission for Human Rights (Komnas HAM). Tjatur said there should be no more military operations and such approaches  are no longer suitable in a democracy. A report by Komnas HAM’s Papua chapter revealed 29 cases of rights abuses occurred in Puncak Jaya regency from 2004-2010, including the torture and rape of villagers in March 2010 by law enforcers.

In September  an article in the the SMH alleged that Indonesia’s elite counter-terrorism unit, Detachment 88, brutalised a group of separatists, repeatedly beating them in detention. Australia helps fund Detachment 88.  The report also said the Australian Government had sent an official to the Indonesian province of Maluku to investigate the  claims but an Australian embassy official denied there was an investigation going on although an embassy officer had visited Maluku as part of a regular program of provincial visits.

Leaked Kopassus report

In November investigative journalist Alan Nairn released a secret report by a Kopassus task force which shows a list of West Papuans engaged in human rights work are a target of the Indonesian Special Force Group, Kopassus. The list includes members of civil society organisations, church groups , activists, students and  members of the MRP.  The report can be found on his blog at

http://www.allannairn.com/2010/11/breaking-news-secret-files-show.html

In December cables released by WikiLeaks in relation to West Papuan human rights confirmed what NGOs  have been telling their governments for years, that it is the Indonesian military that are one of the main problems in West Papua.

The cables revealed that US diplomats blame the government in Jakarta for unrest in West Papua due to neglect, corruption and human rights abuses.  That Indonesian military commanders have been accused of illegal logging operations and drug smuggling from West Papua into Papua New Guinea, and also that a lifting of the US ban on training with Kopassus was made a condition of Obama’s  visit to Jakarta.

Also in December the coordinator of the Commission for Missing Persons and Victims of Violence (Kontras), a major Indonesian human rights group accused the National Police of being the state institution guilty of committing the highest number of acts of violence against the public in 2010.  In the Jakarta Post (7/12/10) , the Papua chapter of the National Commission for Human Rights (Komnas HAM) reported a 70 percent increase in the number of cases of violence in Papua, most of which were allegedly committed by security officers. The Jakarta-based Legal Aid Foundation  in another report said Indonesian law enforcers routinely torture suspects and convicts to extract confessions or obtain information. The groups report found beatings, intimidation and rape are so commonplace they are considered the norm. It also found that few victims believe they have the right to lodge complaints.

West Papua suffered from a number of natural disasters in 2010 including a 7.1magnitude earthquake  that occurred of the northern coast of Papua in June,  destroying a number of  villages with loss of life on Yapen island.  In October the town of Wasior was hit by flash  floods  causing severe damage leaving over 158 people dead, 145 persons missing and thousands left homeless. There was some debate if the cause of the floods was due to deforestation in the surrounding areas or was due to  unusually heavy rainfall

Political prisoners

It is difficult to known the exact number of political prisoners who are in jail in West Papua because of the difficulty of access and restrictions on the gathering of information in the territory. In Amnesty’s  International Report for  2010, it states

“At least 114 people were detained for peacefully expressing their views. The overwhelming majority were peaceful political activists who were sentenced to terms of imprisonment for raising prohibited pro independence flags in Maluku or Papua”.

And in an  extract from Human Rights Watch World Report for 2010, in relation to West Papua.  “Indonesian authorities have responded to a longstanding, low-level armed separatist insurgency in the provinces of Papua and West Papua with a strong troop presence and often harsh and disproportionate responses to non-violent dissent or criticism. Human Rights Watch has long expressed concerns over anti-separatist sweeps by the police, which often result in individuals who peacefully express support for independence being arrested and detained on charges of treason or rebellion (makar).

West Papua -one of our nearest neighbours

West Papua is one of our nearest neighbours and the West Papuan people face great challenges including  ongoing human rights abuses, the exploitation of their natural resources with little or no benefit to themselves, the danger of becoming a minority in their own land as the result of migrants arriving daily and a  HIV/AIDS epidemic.

The Australian Government has  always been concerned about instability in the region to our north but as events in 2010 have shown, it is the Indonesian military which  are causing the instability in West Papua. The recent reports of the torture of West Papuans by the Indonesian security forces and the information from the WikiLeaks cables about US concerns at the activities of the TNI in relation to West Papua, aptly show this.

Recommendations.

The Australian West Papua Association  (Sydney)

urges the Australian Government to re- think its policy of ties with the  Indonesian military until such time that Indonesian military  personnel involved in past human rights abuses are brought to justice and the culture of the Indonesian military becomes of an  acceptable standard to both the Australian people and Australian military. In the short term we urge the Government to put a moratorium on the training, funding and any ties between  the Australian military,  Detachment 88 and the special forces unit Kopassus, until a full inquiry is held into the activities of these units in relation to human rights abuses in the archipelago.

urges the Australian Government to sent a fact finding mission to West Papua to not only investigate the human rights situation in the territory but to see how Australia can  help the West Papuan people in capacity building in the fields of health  and education. We thank the Australian Government for the funding it has already given to aid  projects in West Papua but urge more aid-funding to support health programs and medical organizations (local and international) working on the ground in West Papua and in the long term to support the training of the West Papuan people themselves as health professionals.

There are a number of Indigenous  human rights NGOs in West Papua and the Australian Government can  strengthen  the  human rights situation in West Papua by supporting these organisations  with financial aid,  capacity building and education.

We recommended that human rights defenders working in human rights organisations in West Papua be funded to attend human rights courses in Australia and the region.. There are a number of programs in Australia which can  advance human rights and empower civil society in West Papua through education, training and capacity building. These programs are suitable for individual human rights defenders and community advocates.

We also call on the Australian Government to urge the Indonesian President to release all West Papuan political prisoners as a sign of good faith to the West Papuan people.

The problems in West Papua won’t be solved by Jakarta  deploying more troops to the region or conducting more military operations. What the West Papuans are asking for is dialogue between Jakarta  and West Papuan representatives.  AWPA calls on the Australian Government to urge the Indonesian Government to dialogue with representatives of the West Papuan people to solve the issues of concern held by the West Papuan people.

[1] AWPA (Sydney) uses the name “West Papua” to refer to the whole of the western half of the Island of New Guinea. However, “West Papua” at this time is divided into two provinces, Papua and West Papua.

Related Articles
9

Buchtar Tabuni and friends are still in police custody

[Slightly abridged in translation by TAPOL]

Bintang Papua, 30 December 2010

Buchtar Tabuni and friends are still in police custody

Jayapura:

Two convicted prisoners charged with treason [makar], Buchtar Tabuni and Filep Karma, along with three other prisoners, Dominggus Pulalo, Alex Elopere and Lopes Katubaba are still in police custody. Buchtar and the others are in police custody and face charges of causing damage and incitement in Abepura Prison on 3 December 2010.

Confirming this in a press release on the security situation at the end
of 2010, Police Inspector-General Bekto Suprapto said that although
Buchtar and his colleagues were convicted prisoners and already serving sentences in Abepura Prison , they now had the additional status of facing new charges. ‘This means that their sentences will certainly be increased,’ he said. (sic)

The police chief said that with their removal from Abepura Prison,
conditions at Abepura Prison had improved. It was much easier now to
keep control of the prisoners in Abepura than it was when Buchtar and
the others were there, he was quoted as saying. ‘We have received
reports that the prison inmates are easier to control, they are more
obedient and now do as they are told, whereas before they were not easy to control.’

He said this was an indication that Buchtar and the others had been
inciting the other prisoners to be disobedient.

Asked about the number of prisoners who had escaped from the prison, he said that they were all on the wanted list [DPO] and their capture was the top priority for 2011 but he did not mention the number of prisoners involved. According to information from other sources, at least fifty prisoners have escaped from the prison.

He said that Buchtar and the others would face several new charges such as causing damage (Article 170) and incitement (Article 160), and could face up to seven years in prison.

When Bintang Papua requested permission to take photos of Buchtar and his friends in police custody, this was refused. The police officer said that this would only infuriate the general public.

As previously reported, Buchtar and his friends [allegedly] caused
damage after an inmate Wiron Wetipo disappeared from the prison and was shot dead by a joint patrol of the police and the army, while they were raiding a house in Tanah Hitam which is suspected as being the
headquarters of the OPM/TPN.

On hearing that Wiron had been shot dead, the six persons [not five
which is the number of names given in this article] now face charges for causing damage and inciting the other prisoners.

Filep Karma is serving a 15-year sentence while Buchtar is serving three years. The other prisoners are serving sentences of two or three years.

[Note how this senior police has no doubt that Buchtar and Karma will
be found guilty of the new charges they face. Such is the rule of law in Indonesia. – TAPOL]

Related Articles
0

KontraS Papua: Press release on Recent Problems in Abepura Prison

KontraS (Commission for the Disappeared and Victims of Violence) Papua, SKPHP (Solidarity of Victims of Human Rights Violations in Papua) and the Lawyers Team

The Department of Law and Human Rights and Abepura Prison must take responsibility Legal Processes will not solve the problems in Abepura Prison.

The clarification made to the media by the public relations department of the Police Force in Papua, Police Commissioner Wahchyono, that Buchtar Tabuni, Filep Karma, Dominggus Pulalo, Alex Elopere and Danny Lopez Karubaba are now suspects is incorrect because their status should be as witnesses in a criminal case in which acts of violence were perpetrated against certain individuals and material goods, as stipulated in Article 170 of the Criminal Code.

The Commission for the Disappeared and Victims of Violence (KontraS) Papua and their lawyers believe that the legal procedures now being taken by the Provincial Police Force in Papua regarding Buchtar Tabuni and his associates reflect a failure of the Department of Law and Human Rights and the Abepura Prison to create feelings of tranquillity among prisoners being held in Abepura Prison.

It should be noted that on 3 December 2010, five inmates escaped from the prison, as a result of which one of the inmates, Wiron Wetiipo was shot and fatally wounded but we have not yet received any information about the legal procedures that are now in progress.

This is not the first time that inmates are reported to have escaped from the prison. This should be the focus of attention revealing as it does that conditions in the prison are not in order as they have resulted in the prisoners making an escape from the prison.

It is not right for the Department of Law and Human Rights and the
prison authorities to take account only of the consequences but they should also consider the causes of these developments. In our opinion, the legal process will not be able to solve the problems
in the prison because, as stated by FORDEM in its statement of 14
December 2010 which was reported in the daily newspaper, Bintang Papua, the Director of Abepura Prsion along with fourteen members of his staff should face charges for committing acts of violence against the prisoners as this would uphold the principle of equality before the law. If legal procedures are only to be taken against Buchtar and his
associates, this is unfair and could have unfortunate consequences.

Therefore KontraS Papua and the team of lawyers make the following demands:

1. The Indonesian Minister of Law and Human Rights and the District Head of the Department of Law and Human Rights should take measures that are more appropriate in order to provide an atmosphere of tranquillity for the prisoners and should not focus primarily on legal procedures to resolve these problems.
2. The District Head of the Department of Law and Human Rights and the prison authorities should be transparent in explaining what actually happened so as to avoid creating a variety of perceptions in the community.
3. The Provincial Legislative Assembly of the Province of Papua
should also get involved in solving the problems in the prison, for the sake of accountability towards the community as a whole.

The five persons facing charges are:

Filep Jacob S Karma
Buchtar Tabuni
Alex Elopere
Dominggus Pulalo
Danny Lopez Karubaba

The charges against them are all as stipulated in Article 170 of the Criminal Code.

[Translated by TAPOL]

Related Articles
2

Filep Karma and Buchtar Tabuni to face charges ‘for damaging public property’

According to Bintang Papua, 14 December 2010, two well known Papuan political prisoners are to face charges for alleged incitement and causing damage to the Abepura Prison.

The two men, Filep Karma who is serving a 15-year sentence, and Buchtar Tabuni who is serving a three-year sentence, were transferred from Abepura Prison to the custody of the police in Papua on 3 December. Three other prisoners who were charged under the criminal code were also transferred, Domminggus Pulalo who is serving two years, Alex Elopere who is serving three years and Lopes Karubaba who is serving two years.According to the chief of public relations of the police in Papua, Commissioner  Wachyono, they will face a series of charges under Articles 170 and 160 for incitement for which they face sentences of up to seven years.

‘Let no one run away with the idea that they are immune to the law, including these six (sic) men just because they are already serving sentences,’ said Wachyono.

Wachyono said that they were now being held in cells at the police command for security reasons. ‘If they were held at the district police command (Polsek), anything undesirable could happen, especially bearing in mind that many groups in society are not happy about the men being incarcerated.’

Referring to reports that relatives of the prisoners have been prohibited from visiting the men as well as members of the central KomnasHAM, Wachyono insisted that this was untrue. ‘There are no restrictions against anyone visiting them, as long as they comply with visiting hour procedures. People should not come when the men are resting,’ he said.

[According to information from relatives of Filep Karma and Buchtar Tabuni, from the time of their transfer to police custody on 3 December until the present, visiting has been denied.]

As already reported, those now being charged started inflicting damage  after hearing that a co-prisoner, Wiron Wetipo who had escaped from the prison was shot dead by a joint patrol of the army and the police after they had raided a house in Tanah Hitam suspected of being the headquarters of the TPN/OPM. After learning of Wiron’s death, the prisoners started causing damage and inciting other prisoners to resist the prison authorities.

[According to information from colleagues of Filep Karma and Buchtar Tabuni, the contrary is true. The two men, in particular Karma tried to mediate with the prisoners, urging them not to riot or cause any damage. TAPOL]

Related Articles
2

HRW: Indonesia: Explain Transfer of Imprisoned Activists

Human Rights Watch logo
Image via Wikipedia

http://www.hrw.org/en/news/2010/12/10/indonesia-explain-transfer-imprisoned-activists

Release All Political Prisoners
December 10, 2010

“Prisoners have rights too, and ignoring those rights is no way to celebrate Human Rights Day. The authorities should explain why Filep Karma and Buchtar Tabuni have been thrown in a police lock-up and denied access to lawyers.”

Elaine Pearson, deputy Asia director at Human Rights Watch

 

(New York) – The Indonesian authorities should immediately allow two Papuan political prisoners and three others to fairly contest their transfer from prison to a police headquarters and permit them access to their lawyers, Human Rights Watch said today. Filep Karma, 51, and Buchtar Tabuni, 31, have been held at the Jayapura police station in West Papua since being brought there a day after a riot at Abepura prison on December 3, 2010.

On international Human Rights Day, Human Rights Watch also reiterated its call for the Indonesian government to free immediately the more than 130 Papuan and Moluccan activists imprisoned for peacefully voicing political views, and to reform laws and policies to protect freedom of expression.

“Prisoners have rights too, and ignoring those rights is no way to celebrate Human Rights Day,” said Elaine Pearson, deputy Asia director at Human Rights Watch. “The authorities should explain why Filep Karma and Buchtar Tabuni have been thrown in a police lock-up and denied access to lawyers.”

The Jayapura police chief, Commissionaire Imam Setiawan, told the media that the police had “secured” Karma and Tabuni at the Jayapura police station for provoking a riot that occurred at Abepura prison following an attempted prison break on December 3 in which a prisoner was shot and killed. Karma and Tabuni informed Federika Korain of the United Papuan People’s Democracy Forum (FORDEM) that they were transferred to the police station without being told that they had committed an offense.

Under the United Nations Standard Minimum Rules for the Treatment of Prisoners, “[N]o prisoner shall be punished unless he has been informed of the offense alleged against him and given a proper opportunity of presenting his defense.”

Since being taken to the police station, Karma and Tabuni have requested access to their legal counsel but have been refused. On December 8, Karma’s lawyer, Harry Masturbongs, came to the station but was not allowed to meet with his client. The police have also refused to let Karma’s family visit him.

According to the UN Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, an “imprisoned person shall be entitled to communicate and consult with his legal counsel.” The rights of an “imprisoned person to be visited by and to consult and communicate, without delay or censorship and in full confidentiality, with his legal counsel may not be suspended or restricted save in exceptional circumstances, to be specified by law or lawful regulations, when it is considered indispensable by a judicial or other authority in order to maintain security and good order.”

On December 9, Indonesian President Susilo Bambang Yudhoyono opened the third Bali Democracy Forum, which is aimed at promoting regional international cooperation to foster democracy and political development among countries in Asia. President Yudhoyono said in his opening speech, “There are a lot of variants of democracy but there must be universal values and spirits within the democracy itself.” Human Rights Watch called on the Indonesian government to respect the basic right to free expression, as laid out in the International Covenant on Civil and Political Rights, which Indonesia ratified in 2006.

“Holding political prisoners is embarrassing and totally out-of-step with the image of a modern democratic state that Indonesia is trying to project,” Pearson said. “President Yudhoyono should show his commitment to basic rights by freeing people imprisoned for the peaceful expression of their political views, including Filep Karma and Buchtar Tabuni.”

Background

Filep Karma, age 51, has been in Abepura prison for six years. In May 2005, the Abepura district court found him guilty of treason for organizing a Papuan independence rally on December 1, 2004, and sentenced him to 15 years in prison.

Buchtar Tabuni, age 31, is a leader of the West Papua National Committee, a Papuan independence organization that has grown more radical since his imprisonment. He was arrested in Jayapura on December 3, 2008, for organizing protests against the shooting of his relative, Opinus Tabuni. He was sentenced to three years’ imprisonment under article 160 of the Criminal Code for “inciting hatred” against the Indonesian government.

Human Rights Watch has documented beatings in Abepura prison in 2008 and 2009 that led to investigations into prison conditions by the National Human Rights Commission and the removal of the previous prison warden.

Human Rights Watch’s June 2010 report, Prosecuting Political Aspiration, describes the mistreatment of individuals serving prison sentences for peaceful acts of free expression in Papua and the Moluccas Islands, including Filep Karma and Buchtar Tabuni.

2

Create a website or blog at WordPress.com

Up ↑