Tag: freedom of expression

SMH: Indonesia backdown on state 'torturers'

Tom Allard

The Ambon-based unit of Detachment 88, accused of brutality and the torture of peaceful political protesters, will be disbanded, the head of the elite counter-terrorism force, Tito Karnavian, has said.

The decision to remove Detachment 88 entirely from the Malukas archipelago came as a Herald investigation exposed serious abuses of political prisoners in the province by its members last month.

Brigadier General Karnavian said it was clear the Malukan separatists were peaceful, and therefore there was no need for Detachment 88 to be involved in the province. ”Detachment 88 in Ambon will be dismissed very soon,” he said.

The Herald yesterday revealed allegations by a group of men who were arrested last month and taken to Detachment 88’s Ambon headquarters. They said they were beaten for up to a week; brought to the point of suffocation with plastic bags placed over their heads; pierced with nails while forced to hold stress positions; and ordered to eat raw chillies. Two men were hospitalised.

It was also revealed the Australian embassy in Jakarta had sent an official to investigate the abuses, and the US had blacklisted members of Detachment 88 based in Ambon, the Maluku capital, and had refused to train or equip them since 2008.

Brigadier General Karnavian denied there was a systemic problem of excessive force within Detachment 88, a criticism that has also surfaced because of the number of terrorist suspects – 17 in the past year – who have been shot dead rather than arrested.

He said the new allegations of abuses in Maluku could be investigated by local authorities or, possibly, internal affairs.

But Kontras, Indonesia’s leading human rights group, said an independent review of Detachment 88 was the only way to have a serious investigation into its alleged abuses.

AHRC: Killing of a journalist in Papua explained as suicide by local police

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-128-2010

8 September 2010
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INDONESIA: Killing of a journalist in Papua explained as suicide by local police

ISSUES: Human rights defenders; freedom of expression; extrajudicial killings
——————————————————

Dear friends,

The Asian Human Rights Commission has been informed about the killing of a journalist and human rights defender in Merauke, Papua, Indonesia. Mr. Ardiansyah Matra’is (25 years old) was found dead on July 30, 2010 floating naked in the Maro River after he disappeared two days previously. Several journalists received intimidating SMS (short message service) in the weeks before the killing. Unofficial police reports have indicated that his ribs were broken and his lungs filled with water.

CASE NARRATIVE: (according to information received from Foker LSM – NGO Forum for Coorperation in Papua)

In the late evening of July 28, 2010 Mr. Matra’is was reported missing after his wife had not seen him returning home all day. After the police was informed, a special team searched for him for two days. They had only found his helmet and motorbike parked near the Waliwali Tujuh Bridge on the Maro River. At 7 am on July 30, 2010, fishermen found his naked corpse floating near the Dermaga Gudang Arang Warehouse, Merauke. (warning: this image is graphic in detail. Photo of Mr. Matra’is body as it was found in the river). The body was brought to the hospital and identified by his family. The first formal autopsy result did not acknowledge any signs of violence while according to an informal notice from the District Police the lungs were filled with water and two ribs were broken which indicates the use of physical violence. The regional police announced the conduct of a second autopsy at a different location, to which several of Mr. Matra’is organs were sent.

The bridge where Mr. Matra’is motorbike was found is a popular place where locals frequently go for recreation to enjoy the scenery. Mr. Matra’is was known to have often visited for taking photos near the bridge where his motorbike was found. The Police chief of Merauke, Djoko AKBP Prihadi SH concluded this case to be a suicide based on interviews with the victim’s family and colleagues and the evidence on the bridge and the first autopsy report by the local district hospital. According to the police the suicide would have been committed as a result of the stress that he must have experienced from the daily work as a journalist.

(photos’ source: http://kebebasan-kebebasancom.blogspot.com)

Journalist work and intimidation

(according to information received from the local journalists community)

Mr. Matra’is had been working as a journalist for several years including for the national private TV channel ANTV. He joined http://www.tabloidjubi.com, a Papuan civil society media in May 2009. After he published a video about illegal timber mining in Keerom, several journalists received intimidating messages. Following the increasing threats Mr. Matra’is temporarily left Jayapura, his place of work at that time. He continued to feel intimidated and often reported to have been followed by unidentified persons. Colleagues reported that he had received SMS threatening the security of his children. Months later Mr. Matra’is worked with a local TV station in Merauke.

Journalists are reported to have frequently received threats in the period before Mr. Matra’is’ killing. The threats are allegedly related to local elections in which a large scale food estate project with international investors became the subject of controversy. For example, a fellow journalist received the following message, “To the coward journalists: never play with fire if you don’t want to be burned. If you still want to make a living on this land, don’t do weird things. We have data on all of you and be prepared for death.”

SUGGESTED ACTION:
Please write letters to the concerned authorities below requesting them to conduct a thorough investigation into the victim’s death. The intimidation against other journalists should also be investigated and pursued.

The AHRC has also written letters to the Special Rapporteurs on extrajudicial, summary or arbitrary executions and on the promotion and protection of the right to freedom of opinion and expression for their intervention.

SAMPLE LETTER:

Dear __________,

INDONESIA: Short title describing the type of violation

Name of victim: Mr. Ardiansyah Matra’is (25 years old)
Date of incident: July 28, 2010
Place of incident: Maro River, Merauke, Papua

I am writing to voice my deep concern regarding the death of Mr. Ardiansyah Matra’is, a journalist and human rights defender in Papua.

In the late evening of July 28, 2010 Mr. Matra’is was reported missing after his wife had not seen him returning home all day. After the police was informed, a special team searched for him for two days but only found his helmet and motorbike parked near the Waliwali Tujuh Bridge at the Maro River. At 7 am on July 30, 2010, fishermen found his naked corpse floating near the Dermaga Gudang Arang Warehouse, Merauke. The first formal autopsy result did not acknowledge any signs of violence while according to an informal notice from the District Police the lungs were filled with water and two ribs were broken which indicates the use of physical violence. The regional police announced the conduct of a second autopsy at a different location, to which several of Mr. Matra’is organs were sent.

Mr. Matra’is as well as other journalists in Merauke received intimidating messages via SMS (short message service) in recent months. Many see them related to local elections as well as other critical activities of journalist in Papua. The heavy military presence and the ongoing corruption had since been the serious obstacles for the region to sustainably develop and results in ongoing human rights violations and aggravates social tensions. The free and critical work of the media is central to the development in the region.

I request you to conduct a thorough investigation of the killing of Mr. Matra’is, as well as the intimidation against journalists in Merauke and other areas in Papua. I would like to point out that strongest action needs to be taken in accordance with law to ensure the safety of all journalists, the freedom of the press and the freedom of expression in Papua.

I am calling for your intervention into the case to ensure an independent and qualified investigation in the killing of Mr. Matra’is as well as into the intimidating climate for journalists in Merauke.

Yours sincerely,

—————-
PLEASE SEND YOUR LETTERS TO:

1. Drs.Bekto. Suprato. M.Si
Head of Police Area Headquarters Jayapura, Papua province
Jl. Samratulangi No. 8 Jayapura
INDONESIA
Tel: + 62 0967 531014
Fax: +62 0967 533763

2. Gen. Bambang Hendarso Danuri
Chief of National Police
Jl. Trunojoyo No. 3
Jakarta Selatan
INDONESIA
Fax: +62 21 720 7277

3. R. Widyopramono SH,M.Hum
District Attorney Papua
Kejaksaan Tinggi Papua
Jl. Anggrek No.6 Tj. Ria Jayapura
INDONESIA

4. Paulus Waterpauw
Director of the Criminal Unit
Papua Regional Police
Jl. Samratulangi
No. 8 Jayapura
INDONESIA

5. Mr. Susilo Bambang Yudoyono
President
Republic of Indonesia
Presidential Palace
Jl. Medan Merdeka Utara
Jakarta Pusat 10010
INDONESIA
Fax: + 62 21 231 41 38, 345 2685, 345 7782

6. Mr. Ifdhal Kasim
Chairperson
KOMNAS HAM (National Human Rights Commission)
Jl. Latuharhary No. 4B Menteng
Jakarta Pusat 10310
INDONESIA
Fax: +62 21 3151042/3925227

Thank you.

Urgent Appeals Programme (ua@ahrc.asia)
Indonesia Desk (indonesia@ahrc.asia)
Asian Human Rights Commission

AHRC New Weekly Digest – an easy way to receive all your Human Rights news in just one weekly email – subscribe here.
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Asian Human Rights Commission
19/F, Go-Up Commercial Building,
998 Canton Road, Kowloon, Hongkong S.A.R.
Tel: +(852) – 2698-6339 Fax: +(852) – 2698-6367
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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

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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

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Police disperse demonstrators in Manokwari

Manokwari (WEST PAPUA), August 2
Reports have surfaced from Manokwari that a demonstration organised by students from the University of Papua in Manokwari, together with West Papua National Authority and KNPB (West Papua National Committee) were dispersed by force by Indonesia paramilitary police.

No reports of injuries have been received, however, witnesses reported that banners were seized by fully armed DALMAS counter-terrorism police. The DALMAS anti-terror joint police/military unit, funded by the Australian government, is routinely deployed against peaceful protestors in West Papua.

One of the organisers of the rally, Markus Yenu, is still in hiding after receiving credible and sustained death threats from military intelligence figures. Organisers of the rallies in Manokwari are complaining that they are unable to peacefully express their legally guaranteed rights to free speech by the inappropriate deployment of Indonesian anti-terror police.

“People in Manokwari are questioning where are their right”s to free expression, when fully armed troops are stopping us from gathering peacefully”,said Markus Yenu, West Papua National Authority Governor in Manokwari, by telephone interview to West Papua Media Alerts.

Demonstrators have contented that August will be full of demonstrations calling for a return of special autonomy to Jakarta, and for internationally mediated dialogue on Papua’s future.

West Papua Media Alerts

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