KONTRAS: Torture Increased Drastically! A Report on the Practice of Torture in Indonesia

http://www.kontras.org/eng/index.php?hal=siaran_pers&id=160

PRESS RELEASE:

KONTRAS
Torture Increased Drastically!
A Report on the Practice of Torture in Indonesia
International Day in Support of Victims of Torture 2012

Commemorating the International Day in Support of Victims of Torture (June 26), the Commission for the Disappeared and Victims of Violence (KontraS) released its annual report entitled, “Torture Increased Drastically!” This report is excerpted from the various incidents of torture that have raised the public attention (both nationally and internationally) from July 2011 to June 2012, particularly the elaboration of numerous reports on complaints of torture that were directly handled by KontraS. This report is KontraS evaluation of the situation of torture that continues to use the assessment framework used by the Committee against Torture and the mechanisms under the UN Human Rights Council (either by the Special Rapporteur Against Torture as well as through the Second Cycle of Universal Periodic Review session on May 23 2012).

Contrast notes that there are numerous state policies that facilitate the practice of torture. Although in fact, the State should be able to accommodate the policies preventing or reducing the occurrence of torture. These issues include:

– The absence of criminalization of crimes of torture and punishment for the perpetrators because there is a revision of the Criminal Code and Criminal Procedure Code has been entered in the program even though the national legislation (Prolegnas) 2010-2014

– Continue maintenance of the death penalty policy. Abolition of the death penalty in Indonesia should be done with the goal of doing a moratorium on executions that had been imposed de facto in the last 4 years. However, in the last year there were six new death row decided by the court
– Policy caning in Aceh. Caning is a form of cruel punishment (corporal punishment) is not in accordance with the Convention against Torture and the International Covenant on Civil and Political Rights. In the period June 2011-June 2012 there were 47 people sentenced to caning in Aceh.

KontraS notes several state policies that facilitate the practice of torture. Although in fact, the State should also be able to accommodate the policies that should prevent or reduce the occurrence of torture. These issues include:

– The absence of criminalization of crimes of torture and punishment for the perpetrators due to the absence of a revision of the Criminal Code and Penal Code, despite both codes having been included within the national legislation program (Prolegnas) 2010-2014

– The maintenance of the death penalty policy. Abolition of the death penalty in Indonesia should be done with the goal of doing a moratorium on executions that had been imposed de facto in the last 4 years. However, within the last year there were six new death rows decided by the court.

– Policy caning in Aceh. Caning is a form of cruel punishment (corporal punishment) and is not in accordance with the Convention against Torture and the International Covenant on Civil and Political Rights. Within the period June 2011-June 2012 there were 47 people sentenced to caning in Aceh.

– Still relying on internal accountability mechanisms to prosecute acts of torture. The practice of torture is still an issue of impunity because the punishment mechanism is still very dependent on the internal mechanism, both within the Military and the Police that as a cause has negated the deterrent effect. It is therefore important to ensure the existence of various state institutions that have the authority to conduct an independent investigation (independent external oversight body) against the allegations of torture and begin to identify the names of the perpetrators held responsible.

– Ratification of the State Intelligence Law is deemed potential to open room for the use of torture, particulatly Law on National Intelligence No.17/2011. This Act directly authorizes a special form of extracting information to the intelligence apparatus. Extracting information will be applied to the targets associated with the interests and activities that threaten national security, especially terrorism and separatism, which is known widely growing in several regions in Indonesia.

Based on KontraS’s monitoring, for the period of July 2011 – June 2012, there has been a tremendous surge in allegations of torture. In the period July 2010 – June 2011, KontraS noted that there were 28 events alleged torture with a number of victims of 49 people, while during the period of July 2011 – June 2012 there were 86 allegations of torture with the number of cases of 243 victims. Meanwhile, for the categories of alleged perpetrators of this period a number of police officers were alleged for 14 cases, 60 cases by military officers and prison guards as much as 12 cases. For this period, there is a region where the alleged torture occurred relatively large that is the area of ​​Papua. For the past year, the security situation and the intensity of violence in Papua are very problematic.

Table of Torture
June 2010-July 2011 and June 2011-July 2012
Perpetrator
Year 2011
Year 2012
Victims
Cases
Victims
Cases
Police
31
21
118
60
Military
18
7
64
14
Warden
61
12
49
28
243
86

From the table above, several hypotheses that can be taken are: First, there has been a number of victims and the alleged use of torture that is so prominent in Papua when compared with other regions. There are 11 torture cases and 98 victims in Papua. The number of allegations of torture in Papua is strongly correlated with the warming of the political situation and the increasing intensity of violence in general in there for the past year. The victims generally are indigenous Papuans and consider them to be victims of false arrest and arbitrary detention by security forces. This reinforces the stigmatization and discrimination against people of Papua up to the criminalization of them.

Second, the practice of torture generally occurs in situations where the victims were so helpless against the perpetrators; common situation happens where the detention rooms are closed. The situation becomes worse when the victim is merely an ordinary citizen, who was suspected of a crime- representing the structure of the lower class. This also occurs in Indonesia where most of the alleged victims of torture are criminal suspects or convicts who came from the laity group (the enemy of public opinion such as terrorists, drug dealers, separatist, and others) and is often not accompanied by a legal representative. Until now, KontraS monitoring report has not found the alleged practice of torture against perpetrators of corruption that generally are state officials or wealthy businessmen.

This situation confirms the importance of the immediate need to stop the acts of torture as well as create rules that can prevent the occurrence of torture. Based on the above mentioned points, KontraS recommends that:

– The Government and the Parliament should speed up the discussion of the Penal Code and Criminal Procedure Amendment Bill, or prepare a separate bill against Torture. It is intended to answer the urgent need for regulation to efforts to criminalize acts of torture;
– Relevant state institutions such as the Military, Police, and Ministry of Justice and Human Rights (which oversees the prison system and prisoners in Indonesia) to ensure the maximum punishment to the offender to provide a deterrent effect and implement a mechanism for internally vetting for officials, officers, or officers who conduct, give commands, or fail to prevent the practice of torture;

– State institution which has a mandate to monitor or control functions that are independent (independent external oversight bodies), such as the National Human Rights Commission, Ombudsman, or Kompolnas should also apply a vetting mechanism to narrow the room of action for perpetrators of torture;

– The Government should be able to stop the practice of torture based on the pattern of stigmatization and discrimination that are occurring in Papua, given the sharp rise of torture in the region that is able to aggravate the problematic situation in Papua;

– The Government and Parliament to take immediate ratification of the Convention on the Protection of All Persons from Enforced Disappearance and the Optional Protocol to the Convention against Torture;

– Government and Parliament to review the various state policies that facilitate the practice of torture and other cruel, inhuman, or degrading treatment.

Jakarta, 22 June 2012
Working Committee,

Indria Fernida Papang Hidayat
Deputy Coordinator I Head of the Research Bureau
(+62816.146.6341) (+62812.959.8680)
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Australia must show leadership on West Papua: Speech by Senator Richard Di Natale in Australian Parliament

From the Hansard, 20 June 2012. 

MATTERS OF PUBLIC INTEREST – West Papua

Senator DI NATALE (Victoria) (13:17): I rise today to express my grave concerns about a tragic situation that is unfolding on Australia’s doorstep at this very moment. I speak of the issue of West Papua, where alarming abuses of human and democratic rights are occurring. It appears that there has been a significant escalation in politically motivated violence over the past month. So it is timely to reflect on what is happening in a place that is one of our closest neighbours and the role we can play in ending the conflict and protecting the rights of the people who live there.

West Papua presents a challenge for Australian diplomacy and for the global community. It is a challenge that this nation and indeed the world is yet to meet. Although it is the world’s second largest island, New Guinea is a part of the world that rarely makes the nightly news. The western half of the island is West Papua. The situation faced by its people is something that deserves our urgent attention.

West Papua was one of the last parts of Asia to be decolonised. The Dutch retained control of the region when Indonesia gained its independence in 1949. The Netherlands took steps to prepare the territory for independence, which included the development of a national anthem and a national flag, called the Morning Star. Sadly, this independence was not to be. Indonesia had always claimed the province, and conflict between the Netherlands and Indonesia over West Papua resulted in armed conflict in 1961. In 1963 the New York agreement passed administration of West Papua over to Indonesia. West Papua was formally annexed to Indonesia in 1969, following what was then called the Act of Free Choice. Papuans call this the ‘Act of No Choice’. A true act of self-determination should have occurred, but it did not. The Papuans were denied their chance to vote on their future. Instead, there was an atmosphere of violence and intimidation, with 1,022 hand-picked Papuans assembled, cajoled, bribed and threatened into voting to become part of the Republic of Indonesia.

I am sorry to say that the people of West Papua have been waiting ever since for the chance to express their desires to chart their own future. Self-determination, a right belonging to all people, was denied to them. Indonesia fought long and hard for its own independence, so the Indonesians do understand the desire for self-determination. Indeed, they would consider themselves as the liberators of West Papua from colonial rule, which in my view is a sad irony, when we consider what has happened there since 1969.

The people of West Papua are Melanesian. They are ethnically, linguistically and culturally distinct from the majority of Indonesians. They are ruled from Jakarta by a government that often seems more interested in their resources and in what can be gained from the region than in their welfare. They have had to endure a new form of colonisation, and Melanesian Papuans are already a minority in some parts of West Papua. In fact, they may soon be a minority in the province as a whole if current trends continue. Papuans now face the outrage of being discriminated against in their own land, with the public service, business elites and security forces now dominated by non-indigenous Papuans.

The Papuans must watch powerlessly as their land is exploited. The Grasberg gold and copper mine, the world’s largest, is an environmental disaster but provides very few benefits to the people of West Papua. The Papuans have to watch as their land is patrolled by the Indonesian army. They are nominally Indonesian citizens, yet the army is not there to defend their rights—in fact, in many cases quite the opposite occurs. The results are as predictable as they are tragic. Tension grows daily, ethnic division is rife, oppression leads to violence and the Papuan desire for the right to choose their own future has never been stronger.

In October last year, the Third Papuan People’s Congress was held in Jayapura. Five thousand Papuans attended to have a say on their future, and it was a peaceful gathering. The right to gather and discuss their future is guaranteed by the Indonesian constitution, yet the meeting was disrupted by a military crackdown. At least three people were killed. Five leaders were arrested and have since been jailed for three years. There was not a word of protest from the Australian government.

Since then, the situation has worsened. In the past two to three weeks, there have been shootings, killings and military violence in Jayapura. There have been a number of separate attacks, with several people having been shot or stabbed. The accounts filtering through indicate that no arrests have been made. Police and the military blame Papuan separatists, but human rights defenders in Papua point the finger squarely at Indonesian security forces. The perpetrators of this violence must be identified through a transparent process.

We have also heard reports of Indonesian security forces sweeping the Papuan highland town of Wamena. They have caused at least two deaths, injured at least 11 people and torched at least 70 houses. This was apparently retaliatory action—police were retaliating for the killing of one of their officers by Papuans. The killing of the police officer, however, was prompted by his killing, on his motorbike, of a Papuan child. Unless those inflicting violence are held accountable, this cycle of violence will continue and worsen.

We have now heard news of Papuan leader Mako Tabuni being shot and killed by police on Thursday last week. He was walking on the street near a housing complex in a suburb of Jayapura. Mako Tabuni was the deputy of the KNPB, a group which has called for a referendum on Papuan self-determination and a movement which has publicly identified itself as a peaceful one. The Australian Greens are deeply saddened to hear of the killing of Mako Tabuni. We extend our condolences to Mako Tabuni’s family and we confirm our solidarity with the people of West Papua whose human and democratic rights continue to be violated.

Police say Mako Tabuni was resisting arrest and armed with a weapon he had taken from his arresters, but eyewitness accounts say that Tabuni, as he walked by alone, was suddenly and unexpectedly shot by a gunman in one of several cars on the street. Tabuni’s killing prompted angry scenes in Jayapura as Papuans protested his death. All of this has been taking place while many Papuans languish as political prisoners in Indonesian prisons, charged with treason for raising their flag, singing their traditional songs or expressing their political views. One example is Filep Karma, who has been in prison for over a decade for doing nothing more than peacefully protesting. I again call on the government to urge our Indonesian neighbours to take action to ensure that democracy and human rights are upheld in this region.

It has been a bloody few weeks in West Papua, adding to the horror experienced by the West Papuan people over many decades of Indonesian rule over their lands. Australians are now becoming more aware of these atrocities being committed on their doorstep. They know what happened in East Timor under Indonesian rule and they know that we, as a nation, cannot sit idly by while it occurs again in West Papua.

There is a petition due to be tabled next week in the House of Representatives, brought to the parliament by a community activist group based in my home state of Victoria and signed by more than 3,000 Australians. It calls on the Australian government to request that the United Nations review the New York agreement of 1962 and the 1969 Act of Free Choice and conduct a genuine, UN monitored referendum on self-determination in which all adult West Papuans are allowed to vote without duress. The petition also calls on the House of Representatives to stop all Australian financial support to and training of Indonesian military and security personnel until human rights abuses by military and security personnel in West Papua cease. It asks elected representatives to request the Indonesian government to remove the media blockade and allow international journalists free access to West Papua.

I have spoken before in the parliament about the desire of the Greens to see West Papuans free to express their political views without fear of persecution. But this freedom will not be realised until there is more international scrutiny. It is absolutely paramount that the region is opened up to journalists, who must be free to visit and report on the situation on the ground. The story of the West Papuans must be told. The truth must be told. Human rights organisations must also be allowed into the region. Until this scrutiny is applied, all we have to assure us that illegal acts are not occurring are the assertions of local authorities. It would not be wise, given the history, to take these assertions at face value.

I will continue to advocate for the human rights of one of our nearest neighbours until we see this important change. People should never feel the threat of violence or death simply for expressing their political views. We must advocate for a new dialogue between the Indonesian government and the representatives of the Papuan people. While in theory West Papua has special autonomy, this has failed the West Papuan people. It is time to start discussions afresh.

It is worth noting that Indonesia recently underwent its UN periodic review, a human rights review which occurs for UN member states every four years. This was an opportunity for fellow UN member states to make observations and recommendations about the human rights record of Indonesia. The review was held on 23 May and the Indonesian government accepted 180 recommendations from 74 countries. Indonesia adopted 144 of these, with the remainder to be brought back to Indonesia to be considered and decided upon in September 2012 during the 21st session of the UN Human Rights Council. Of the recommendations yet to be adopted, it remains to be seen whether Indonesia will address those relating to the protection of human rights defenders. It has been called on to free those people detained for peaceful political protests. It is unacceptable that someone like Filep Karma be detained for decades simply for expressing a right that all of us should be granted.

Among the remaining items that Indonesia has taken home to discuss, it has also recommended that they address issues of impunity and immediately take action on reports of human rights violations committed by the military and by police, particularly in Papua. I will be watching those responses with interest.

Beyond the UN periodic review, the world will be watching West Papua. There is new scrutiny on this region, with new technologies now enabling Papuans to convey messages, photos and video to the outside world. They are sharing their experiences of brutality and conflict despite the restrictions that prevent outside journalists from reporting in the region.

Here in Australia a group of young West Papuan activists are using online media and music to create awareness of the oppression their families are experiencing back home. I have met with many members of this group. In fact, I enjoyed their music. A group called the Rize of the Morning Star deserve to be commended for their advocacy and activism on this hugely important issue. It is a project that is capturing the hearts and minds of many Australians through music, telling the traditional stories of West Papua and asking us all to sit up and listen to what is happening in the region.

The petition that will be tabled next week is a notice to this parliament that thousands of Australians are outraged at the human rights abuses occurring in West Papua. I urge the foreign minister, Minister Carr, to take the concerns of these Australians to his Indonesian counterpart. I am also pleased that with several of my colleagues I will be inviting all members of this 43rd Parliament to join us in establishing a parliamentary friends of West Papua group. It will be an opportunity for us to collaborate across party lines on the complex issues facing our neighbours.

West Papua is a chance for Australia to show real leadership. It is a chance for us to show that we will stand up for the values of peace and democracy we so readily espouse. We can argue for a peaceful and optimistic future for Papua and remain a good friend of Indonesia. But it starts with facing the truth. We must face this truth before more blood is spilt.

Unreliable Police allegations against Mako Tabuni

ALLEGEDLY INVOLVED IN SEVEN CASES
Bintang Papua, 14 June 2012

Following the assassination of Mako Tabuni, the deputy chairman of the KNPB (National Committee of West Papua), the police are now alleging that the man they murdered was responsible for seven cases of violence perpetrated by the KNPB, and say they are now conducting investigations to see whether he was responsible for seven acts of violence including the shot fired against a German visitor. They are alleging that this is based on confessions made by the Buchtar Tabuni, the chairman of the KNPB, and other KNPB members who are now facing charges. The chief of police is quoted as saying: ‘According to confessions by KNPB members, Mako Tabuni was responsible for a numbe of violent actions, all of  which are now under investigation,’

The police also claim that they found a pistol and bullets among Tabuni’s possessions which have now been sent to Jakarta to establish whether the bullets are the same as those found in the bodies of persons who have been shot.

Asked about the furore that has followed in the wake of the killing of Tabuni, the police chief said that was ‘incidental’  ‘In some cases the members act as if they are wiling to surrender but then put up resistance and try to seize weapons which is why the police opened fire.’

He also said that his men are now hunting down eight members of the KNPB who are alleged to have been involved in recent acts of violence.

According to the police, Tabuni was shot four times, twice in the thigh, once in the head and once in the waist.

[Comment by TAPOL: Can we now draw the conclusion that the police themselves have been responsible for the recent spate of shootings that have occurred, so as to be able to pin the blame on an organisation such as the KNPB which has been involved in peaceful advocacy such as calling for a referendum to be held in West Papua?]

[Translated by TAPOL]

Papuans allege Australian trained D88 personnel shot dead Mako Tabuni

Breaking News

West Papua Media

 21:00 (WPB) 14 June 2012

As tensions across West Papua ratchet up in the wake of the execution of KNPB leader Mako Tabuni, senior Papuan leaders accuse Australian and U.S trained Detachment 88 of being behind the slaying.

Domi Surabut, a senior Papuan Tribal Council leader from the Central Highlands sent West Papua Media the following message by sms at 21:35 tonight (AEST): “Mako Musa Tabuni was shot dead by Densus 88 with three bullets. Twice in the thigh and once in the stomach. His corpse is still being held at the Bhayangkara Police Hospital. His death will cause blood to flow. Please pray and urge peaceful intervention in Papua.”

As of 21:30 tonight the Indonesian police are still refusing to release his body to Tabuni’s family saying that they will bury him themselves.

As outrage builds church, tribal and independence leaders from the nonviolent movement are urging their followers to maintain discipline fearing that a violent reaction will give the TNI and Indonesian police all the justification they need to crush the independence movement.

In a text circulating around activist circles Selphius Bobii, a political prisoner writes “The killing of Tabuni is part of a scenario to destroy the Papuan struggle’s commitment to a peaceful path and push Papuans towards violence. So let’s control ourselves. Don’t get caught in this scenario which will only weaken our peaceful struggle that right now is echoing across our country and up to the UN.”

As armoured personnel carriers, water cannons and heavily armed troops position themselves around the streets of Jayapura tonight that commitment will be sorely tested.

WPM 22:00 (AEST) 14 June 2012

Papua could soon become an Emergency Zone

Bintang Papua,
13 June 2012

Leaders of two of the main churches in Papua, the Kingmi Church and the Alliance of Baptist Churches in Papua, say that many of their church members are now afraid to leave their homes in the evening.

The chairman of the Baptist Alliance, the Revd Socratez Sofyan Yoman said that the efforts by the Papuan people to transform West Papua into a zone of peace are being obstructed by certain forces. The recent series of shootings is turning Papua into an Emergency Zone.

According to the Rev. Socrates, the core of the conflict in Papua is greed on the part of those who violate human rights.  The Indonesian government is dealing with the situation in Papua by strengthening the repressive security forces, the TNI and the police, while  paying no attention  to the health and educational needs of the Papuan people.

‘The government  continues to split the province up into more districts in order to be able to increase the number of the security forces,’ he said.

The actions of the government could result in the emergence of youth groups who will fight for the aspirations of the Papuan people by peaceful means. Rev Socrates urged the Indonesian government to enter into discussions as soon as possible with  representatives of the Papuan people in order to create a permanent state of  peace in Papua as a way of reducing the the process of radicalisation of the young people which is further promoted by acts of violence and the neglect of human rights abuses.

He also called  upon the international human rights institution of the United Nations  to do what it can to help reduce the crimes being committed in Papua. He called upon his own congregation to remain vigilant and do everything they can to preserve an atmosphere of peace and prevent the actions of those who  are trying to make the conditions worse.

The Rev. Benny Giay said that the people live in a sate of fear because of the situation in Jayapura that has developed in the past two months and said that the there is no end to the shootings even though the city of Jayapura is more controllable than mountainous regions such as Puncak Jaya  and Timika

With regard to the recent statement by the chief of the intelligence agency BIN that the people doing the shooting have come from the mountains, the Rev. Giay said that the BIN agency chief should take action to arrest the people responsible for the shooting instead of raising new issues which do nothing help to clarify the situation.

He also said that the  policies being pursued by the government such as setting up the UP4B (development unit) are not rooted among the Papuan people. ‘The Papuan people  cannot understand the policies that the govrnment is pursuing. The central and provincial governments should respond to what the Papuan people have been yearning for for years. ‘Only the Papuan people can know what conditions are necessary for the sustenance of their lives.

[Translated by TAPOL]

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