Tag: human rights

Australian Greens: Government fails to cut ties with torture unit

Australian Greens

Government fails to cut ties with torture unit

Media Release | Spokesperson Scott Ludlam

Wednesday 8th December 2010, 4:46pm

The Australian Greens have criticised the Government for failing to take action in response to allegations an Indonesian unit supported by Australian authorities has used torture against peaceful protestors.

On November 4 this year Greens legal affairs spokesperson, Senator Scott Ludlam, called on the Government to stop funding Detachment 88, an Indonesian “counter-terrorism’ unit that has been linked to a series of human rights abuses.

“Demonstrators arrested in Ambon, in Maluku, unveiled their independence flag at an event at which the Indonesian president was present – this had nothing to do with terrorism whatsoever. They were subsequently jailed and many of them tortured and hospitalised,” Senator Ludlam said. “70 political activists in Maluku have been imprisoned since 2007.”

The Department of Foreign Affairs and Trade reported this week that the total Australian Federal Police financial support for counter-terrorism initiatives in South East Asia in the 2009/10 was $16.3 million. DFAT said while the AFP is not directly involved in Detachment 88 operational activities, the AFP’s support to the Indonesian National Police includes that unit.

Senator Ludlam said that while Australian officials provide support to Detachment 88, it is not enough to leave investigations of the unit’s conduct in the hands of the Indonesian authorities.

“We are told the AFP does not have the power to investigate what Detachment 88 has done, but it does have the power to stop funding and supporting the unit,” he said. “The United States introduced a ban on training or assisting Detachment 88 members in Maluku in 2008 after the allegations of torture first emerged in 2007, but our Government has not issued a similar ban, which is much-needed.”

Detachment 88’s major facility at the Jakarta Centre for Law Enforcement Co-operation was established in 2004 with almost $40 million of Australian funding. According to its website, most of the counter-terrorism seminars at the Centre are run by the AFP, and it is a major beneficiary of $16.3 million in annual funding allocated to the AFP to combat terrorism in south-east Asia.

http://scott-ludlam.greensmps.org.au/content/media-release/government-fails-cut-ties-torture-unit

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Indonesia: Respect Rights of Papuan Prisoners Filep Karma and Buchtar Tabuni

Indonesia: Respect Rights of Papuan Prisoners Filep Karma and Buchtar Tabuni

The East Timor and Indonesia Action Network (ETAN) and the West Papua Advocacy Team (WPAT) urge the Indonesian Government to respect the rights of and end the persecution of internationally recognized prisoners of conscience Filep Karma and Buchtar Tabuni who were transferred from Abepura Prison to Jayapura Police Headquarters on December 3.

ETAN and WPAT also urge the U.S. government to use its considerable influence with the Indonesian government and police, deriving in part from its extensive assistance to and training of the police, to ensure that persecution of these prisoners of conscience ceases.

The transfer of Karma, Tabuni and several other prisoners to the police headquarters followed a riot at the prison which in turn was prompted by the killing of one of five prisoners who had escaped the previous day. The authorities are accusing the two activists of inciting the riot. However, reliable reports says that Karma and Tabuni had sought to calm the situation at the prison.

Karma is serving a 15-year sentence for raising a Papuan flag in 2004, while Buchtar Tabuni is serving a three-year sentence after supporting the launch of International Parliamentarians for West Papua in October 2008.

Since their transfer to the police headquarters Karma and Tabuni reportedly have had very limited contact with their families and no contact with legal counsel. Karma has launched a hunger strike in support of his demand for proper treatment for himself, Tabuni and the other transferred prisoners, including access to adequate food or drink.

ETAN and WPAT note that Article 10 of the International Covenant on Civil and Political Rights requires that “All  persons who are deprived of their freedom must be treated humanely and with respect for their dignity as human beings.”  ETAN and WPAT also note that under Indonesian regulations Karma and Tabuni are entitled to correspond with and receive visits from their families, legal counsel and others.

ETAN and WPAT are also deeply concerned that the Indonesian authorities may seek to pursue charges against Karma and Tabuni related to the prison riot. Such a course would be particularly ironic insofar as the Indonesian authorities have failed to prosecute the security force personnel who were recorded torturing two Papuans in May 2010.

Observers in West Papua are concerned that the authorities may transfer Karma and Tabuni to the infamous Nusakembangan prison in Java, where violent criminals are incarcerated. As nonviolent prisoners of conscience, Karma and Tabuni would be at risk. Such a transfer would also make it much more difficult for their families and counsel to monitor their welfare. ETAN and WPAT strongly urge that Karma and Tabuni not be transferred out of West Papua.

Contact: Ed McWilliams – 401-568-5845
John M. Miller (ETAN) -917-690-4391

see also West Papua Report

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IHRC: NZ must not stand apart on torture by Indonesia

—————

Indonesia Human Rights Committee,

Box 68-419,

Auckland

7 December, 2010

Media Information:

IHRC has written to Minister of Foreign Affairs, Murray McCully, and to Minister of Defence Hon Wayne Mapp to urge them to act over the West Papua torture scandal,   a high profile issue at the time of the Foreign Minister’s October visit toJakarta.  A widely distributed video clip of Indonesian military personnel perpetrating shocking torture on two men in the highlands of Indonesian controlled West Papua has put Indonesia’s lack of military reform under the spotlight.  However,Indonesia has opted to try personnel involved in a separate less serious case of videoed abuse, in a blatant attempt to defuse international criticism.

“Mr McCully has an absolute obligation to follow this up as he was given personal assurances at the time of his visit that those responsible for the grave crimes depicted on the video would be investigated and held responsible.  He should now act with the Minister of Defence to suspend military training ties with Indonesia in the face of this evidence of ongoing abuse and military impunity.

The letter to the Ministers follows: Maire Leadbeater: 09-815-9000 or 0274-436-957

Indonesia Human Rights Committee,

Box 68-419,

Auckland.

Hon Murray McCully,

Minister of Foreign Affairs,

Hon Wayne Mapp,

Minister of Defence,

Parliament Buildings,

Wellington.

7 December, 2010

Dear Mr McCully and Mr Mapp,

You are aware that there has been international consternation over the case of the Indonesian security personnel shown inflicting brutal torture on two highland Papuan men. The video clip, recorded in May 2010, depicted one of the men having a smouldering stick applied to his genitals while his companion was repeatedly threatened with a knife.

Minister McCully was visiting Indonesia at the time that the torture video was circulating and was  assured by Indonesian  Foreign Minister Natalegawa that the Indonesian government was  ‘deeply concerned’ and would conduct a thorough investigation.  I understand that a  personal  undertaking was given that the findings of the investigation would be presented ‘transparently.’

The Indonesian authorities accepted that the video was genuine, but instead of acting to investigate and try those responsible, they moved quickly to charge and tried military personnel who were responsible for a separate case of videoed abuse.  This separate event took place in March and involved the beating and kicking of a number of bound villagers.  The charges meted out to the military personnel responsible were relatively light – terms of imprisonment of seven and five months, scarcely commensurate with these brutal crimes against civilians.

The ploy has been described by some as a classic ‘bait and switch’ operation clearly timed and planned to deflect international scrutiny of the human rights record of the Indonesian security forces.    Not only is there no indication by Jakarta of any intention to investigate and try the military officers involved with the more serious case of abuse, but a spokesperson from the Indonesian Defence Ministry told the Australian media that the case is now closed.

We understand that the Australian Government is continuing to put the case that the more serious torture case should be investigated in line with assurances given to Prime Minister Julia Gillard prior to her recent visit to Indonesia.

The Indonesia Human Rights Committee urges that New Zealand support Australia in its appeal for a full investigation and for those responsible for these grievous abuses to be held accountable. New Zealand should suspend its military training ties withIndonesia, in the face of such clear evidence of military abuse and ongoing military impunity

Tragically the events depicted in the videos are not isolated or unusual cases of abuse.

In the past week there has been an escalation of violence and several disturbing reports of security forces injuring and killing civilians.  On November 28 a farmer, Wendiman Wenda was killed in Yambi, Puncak Jaya as he returned home from Church. The report we received said that he did not hear when the security forces called out to him, and when he did not respond he was shot.

On December 3, near Jayapura an escaped prisoner was killed in a violent police raid.  Komnas Ham, the Indonesian Human Rights Commission has criticised the conduct of the raid which it described as ‘extra-procedural’. There are also other reports of recent violence including two Papuans being shot in Bolakme on December 1 and on December 4,  a young peace activist, Sebby Sembon,  was summarily arrested as he was about to board a plane.

In West Papua the right to dissent is not respected. Those who take part in peaceful demonstrations risk charges of ‘makar’ or rebellion and lengthy jail terms. Meanwhile those responsible for a documented case of extreme torture are escaping sanction.

New Zealand must not stand apart and we look forward to your response,

Yours sincerely,

Maire Leadbeater

(for the Indonesia Human Rights Committee)

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West Papuan political prisoners denied food for 2 days

via Tapol

Since 3 December 2010 when Filep Karma and Buchtar Tabuni were transferred to the police authorities in Papua, no legal proceedings have been started against them and they still do not have any legal counsel. They have also been denied food for two days.

Since 4 December, access to the two prisoners has been prevented. Two younger siblings of Karma as well as a representative of the SKPHP tried to visit them on 6 December but they were confronted by police officers. At 4pm, a member of his family asked the police for permission to meet Karma because visiting regulations allowed for daily visits except on holidays and other special days [tanggal merah] from 3pm till 5pm.

The family member asked a police officer: ‘Why aren’t we able to meet our brother Filep Karma?’  to which the officer replied:  ‘Because Karma and the others have been transferred here from Abepura Prison. According to orders from our superiors, if you want to visit them, you must first report to the head of the criminal investigation branch (Kasat Reskrim, Polda Papua)  because we here are only carrying out orders from our superiors.’  The relative said that he only wanted to give Filep Karma some food and other essential needs and to hear what he himself had to say about why he had been transferred and why they couldn’t meet him.

The police officer then allowed only a very brief meeting to take place, only time enough to hand over the things he needed whereupon the officer asked the relative to leave.

According to information from the family, the five prisoners were given no food at all until 5 December. When Karma asked why they hadn’t received any food,  he was told that it was because ‘all of you have been transferred from Abepura Prison and it is the responsbility of the prison authorities, not the police’.

Five of the convicts had almost no access to food and drink till 5 December and since 5 December, they have been given some food but without anything to drink. Relatives had to bring the prisoners a gallon of Acqua  to be shared between five men.

Since 4 December, Karma who insists that he is not guilty of anything, has been on hunger strike in protest against treatment by the district chief of  Papua and the director of the Abepura Prison.

On 7 December, the family wrote to the director of Abepura Prison, the police chief of Papua and the head of criminal investigations asking to know what legal provision is being used to prevent them from visiting Karma.

The situation now being faced by Filep Karma and Buchtar Tabuni represents a form of non-physical torture by the State, quite apart from the law on treason and incitement which was used to sentence Karma to 15 years and Buchtar Tabuni to three years. They said that convicted prisoners are human beings with the same rights and dignity as people who are not in prison.

The transfer of Filep Karma and Buchtar Tabuni  represents a case of  wrongful treatment by the  State against Papuan political prisoners. They are failing to act in accordance with Article 10 of the International Covenant on Civil and Political Rights which states: ‘All persons who are deprived of their freedom must be treated humanely and with respect for their dignity as human beings.’

It is also clear that state officials are not acting in accordance with Law 8/1981 of the Criminal Procedural Code, bearing in mind that the police officials stated that they were acting in accordance with orders from their superiors and not in accordance with the  law which in the legal basis which should be the basis for their actions.

Filep Karma and Buchtar Tabuni are entitled to receive visits from their families, from legal counsel and from other people in accordance with Article 18,  paragraph 1 of a decree by the minister of law. And furthermore, Filep Karma and Buchtar Tabuni are free to correspond with legal counsel and family members, according to paragraph 4 of the above mentioned ministerial decree.

The families of people who have been convicted for incitement and are now in custody because of the  recent riots in Abepura Prison have asked what is the legal basis being used by the police in Papua towards prisoners who have been transferred to them from Abepura Prison already for four days. who have been told that they cannot receive visits from their families, from legal counsel or from anyone else.

Meanwhile, an online campaign has started in a bid to award Filep Karma the Nobel Peace Prize. So far over 200 people have joined the group on social network Facebook. Click here for more info

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West Papua human rights defender arrested by police

West Papua human rights activist Sebby Sambom has been arrested by police at Sentani Airport in Jayapura yesterday morning. He was on his way to a meeting with the Asian Human Rights Commission.

Sebby was released from prison last year after serving 1 year of a 2 year sentence following a legal glitch. He has since been living in hiding after him and his family received death threats.

It is not clear what offence he is alleged to have committed. Witnesses said he was in the boarding lounge of the airport when Indonesian intelligence officers and police arrested him.

In other developments, police last night shot dead Miron Wetipo at Abepura Prison leading to a riot by prisoners. High profile political prisoners Filep Karma and Buctar Tabuni have now been moved to Papua police hearquaters from Abepura prison by police. There are reports of intimidation towards remaining prisoners.

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