Tag: human rights abuses

LP3BH Report on Manokwari Shooting Incident

Institute of Research, Analysis and Development for Legal Aid

(LP3BH)
Jl. Gunung Salju No. 18 Fanindi (Bengkel Tan) – Manokwari, 98312
Telp/Fax : (0986) 213160; Po.Box.128 Manokwari, 98301

Report on Manokwari Shooting Incident

As a result of the gun fires shootings that were conducted by Police’s
Mobile Brigade (Brimob) Compy 3 Detachment C Manokwari, on 15 September
2010, Wednesday, 8pm (local West Papua time), at least 2 civilians died
and one woman got serious injuries with broken leg, broken pelvic bone,
and broken jaws. The incident took place in Esau Sesa Street, South
Manokwari, West Papua Province.

According to the local (witness), before the shooting incident happened
there was a traffic accident in Esau Sesa Street, a woman called
Antomina Kowi/Mandacan was hit by a motorcycle (a hired motorbike) at
around 6.30pm. The victim suffered a broken right tight bone, serious
pain on pelvic bone, and broken ribs. The motor cycle was in a high
speed from the direction of Manokwari town towards Arfai district South
of Manokwari. Post-incident, the victim’s family chased the motor’s
driver but he headed to Brimob’s headquarters. The family could not find
the driver they went back and took the victim to Manokwari Public
hospital for medical treatment.
After the incident, the residents were looking for the driver, and one
of the Brimob personnel came alone toward the mob, according to the
witness instead of calming down the people, he created tension. He was
then injured by the angry mob using the machete. Being injured the
Brimob member ran back to his HQ and contacted other Brimob members.
At around 8pm, around a dozen Brimob personnel with fully equipments
went to the crowded people and started shooting brutally against those
civilians, most of the children and adults went hide into the jungle to
avoid the angry Brimob members who seizing the area.
At around 8.20pm, the electricity went off in the whole regency for
about 10-15minutes. A resident who was in Manokwari Public hospital
said, “when the power supply went down totally, there was a car came to
the hospital and drop something, and they took it to the emergency room,
all windows and door were locked by the medical workers, only one
spotlight that lighted up inside the room.
Minutes later, it was heard that there was a death body inside the
emergency room in that hospital. Since the night time to the morning,
Thursday 16 September 2010, there was no relative of the death person
came to the hospital. Around 9am, some of the families came to the
hospital stayed outside the morgue. The dead body then was known as
Naftali Kwan the priest of GPKAI (Christian Fellowship Bible Church of
Indonesia) in Manokwari hinterland.
Around 09.30, the locals found another dead body on the edge of abyss.
The victim was known as Septinus Kwan, male, about 30years old, farmer.
In the same time, another victim a woman was called Arfonika Kwan was
found dying in critical condition in the abyss. She is the wife of the
dead victim Naftali Kwan. The victim was rushed to the public hospital,
she suffered of broken leg, broken jaws, broken pelvic bone. According
to a local, the victim was trying to avoid the angry Brimob and fell
down into the abyss.
At around 10.30am, there was a mass paraded and carried the dead body of
Septinus Kwan toward Manokwari Regent’s office. The mass have 3 demands:
First, Rp30millions compensation to the victims’ families, second that
all Brimob [the National Police’s Mobile Brigade] officers be pulled out
of Manokwari. Third, the land used to built the Brimob’s HQ will be
drawn back as the property of the indigenous people.
Thursday 11am, Manokwari ton became tense, all shops, office buildings,
schools and markets closed. The road was so quite only the sound of
machine guns were heard and a rumor was spread throughout sms/mobile
phones among the residents that there will be a nigh attack, but it was
not existed.

Information and Documention
LP3BH MANOKWARI
Simon LP3BH Manokwari

(Translated by Paula Makabory)

Copy of report with pictures is available at

https://ipahr.wordpress.com/2010/09/21/west-papua-human-rights-report-on-shooting-by-police/

Institute of Papuan Intellectuals calls for a referendum

Bintang Papua, 7 September 2010

[Abridged in translation]

The Central Council of the Institute of Intellectuls in the Land of
Papua has issued a statement which rejects any move to Revise and
Evaluate Special Autonomy. They said that the Special Autonomy Law – OTSUS – was adopted nine years ago but, they asked, what has the
government done in all that time?

When it was adopted, OTSUS was described as being an alternative move by the central government in response to the wishes of the indigenous people to secede from the Indonesian Republic. This was because of the huge disparity in many spheres, such as welfare, education, economic activities,.health, infrastructure and human rights violations.

In fact, OTSUS was introduced by the Indonesian government in order to ensure that West Papua remains with the Republic of Indonesia.

Implementation of the law should have involved the introducetion of
special regulations – Perdasus and Perdasi – but the central government along with officials of the two provinces, Papua and West Papua have turned OTSUS into a disaster for the people of the Land of Papua. So what can the central government be proud of achieving in its wish to revise and evaluate OTSUS?

The statement said in conclusion:

The Institute of Intellectuals of the Land of Papua and its members
throughout Papua, in other parts of Indonesia and abroad, hereby declare:

1. We reject any revision of OTSUS and any evaluation of the
implementation of OTSUS.

2.We call for a Referendum.

3. We call on the UN to facilitate the process for a referendum in West
Papua.

4. We call on the UN to take action to uphold the rights of the indigenous people of West Papua.

Signed by:

Pares L. Wenda, Chairman for Politics, Law and Human Rights

Natalsen Basna, General Chairman

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.”

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

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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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