Tag: indonesia

Imparsial: SBY must take action to stop the terror in Papua

JUBI, 11 June 2012

Imparsial, the Indonesian Human Rights Monitor, has expressed concern about the many acts of terrorism such as shootings by OTK – Orang Tak Dikenal  – in Papua. The executive director of Imparsial, Poengky  Indarti,called on President Susilo Bambang Yudhoyono (SBY) to get involved in solving the problem and accept responsibility  for a situation that threatens the lives of civil society..

‘These mysterious killings  are a threat to innocent people and must be stopped without delay,’ she said. ‘The President must summon all the authorities, the chief of police, the military commander, the chief of BIN – the intelligence agency, and the Minister of the Interior and acting governors .He must take responsibility for safeguarding the lives of the people.

‘There are indications that  neither of the governors are conducting an oversight of the activities of the troops in Papua who seem to be out of control.’

‘This situation must not be allowed to continue,’ she said, adding that the  President ‘must immediately start making preparations for a Jakarta-Papua dialogue so as discuss what the problems are  in Papua.’

She also said that according to Imparsial one of the problems is the process of electing the governors. Her organisation sees the shootings as preparatory to the forthcoming elections of the governors. This is what happened some time ago in Aceh when the same kind of thing happened. There are vested interests in Jakarta who want to benefit from disturbances in the regions as the year 2014 approaches [the next round of presidential, parliamentary and gubernatorial elections.]

[Behind the speaker is a poster with the words: WHO IS THE MASTERMIND?]

[Translated by TAPOL]

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DPRP member warns: Continued detention of Tabuni could strengthen pro-independence ideas

Bintang Papua, 8 June, 2012
Weynand Watory, a member of Commission A of the DPRP, said that the arrest of Buchtar Tabuni and his two colleagues  would do nothing to help resolve the conflict in Papua. On the contrary, it would only intensify the conflict. He also said that the ideology of Tabuni would not end.  He pointed out that this was the second time that Tabuni had been arrested and that this would only encourage his supporters to continue with their activities.

He said that the best way forward would be for the  government to hold dialogue  with the Papuan people on the broadest possible basis to reduce  the spread of his ideas. He said that Tabuni had been able to establish a network of supporters not only in Jayapura  but also across the whole of Papua.

‘We can well imagine that more Buchtars will emerge everywhere,’ he warned.

‘Just see how their ideas are spreading everywhere. We need to make an evaluation of the system currently being used because it is clearly not the right way forward. It is up to the government to make a careful evaluation of  the way it is handling the problems in Papua. If we are honest, we will see that the problems are only getting worse and the approaches being made to minimalise the problems have only strengthened the pro-independence movement,’ he said.

Translated  by TAPOL

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Chairman of KNPB arrested – many calls for his release

Bintang Papua, 7 June 2012The Chairman of the KNPB – National Committee for West Papua – Buchtar Tabuni  has been arrested. He was taken into custody while travelling by bus  in Abepura. Two others were arrested with him.

Deputy police chief, Brig-Gen Waterpauw  said that Tabuni had been arrested in connection with a number of recent incidents in Jayapura including the stabbing to death of a student. The police officer said: ‘A number of demonstrations have taken place which had called on others in the community to take part. These vents were anarchic and were in violation of the law.’ [Since when has it been against the law to demonstrate anywhere in Indonesia?]

Asked whether Tabuni’s arrest was connected with a number of unexplained shootings, the police officer said ‘These shootings are under investigation and we are trying to find out who it is who is behind them.’

He said there had been no addition to the number of troops in the area. The officer said that the  police were already aware of the features of the persons responsible  and added that they believe that four persons are involved in the shootings.

The chairman of Commision  A of the DPRP, the provincial legislative assembly, Ruban Magay, along with other members of the commission had been to the police headquarters to call for the unconditional release of Tabuni. A similar demand has been made by politicians from the  Partai Demokrat who said that Tabuni had visited the Commission at their invitation. The chairman said: ‘The continued detention of Bochtar Tabuni would only intensify the current problems in Papua which appear to be never-ending.

Just prior to his arrest, Tabuni had been seen chatting with members of the DPRP and with journalists.

Abridged in translation by TAPOL

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Amnesty: Investigate military attacks on villagers in Wamena, Papua

AMNESTY INTERNATIONAL
PUBLIC STATEMENT
8 June 2012
Index: ASA 21/020/2012
Indonesia: Investigate military attacks on villagers in Wamena, Papua

The Indonesian authorities must ensure a prompt, independent and impartial investigation into reports of unnecessary and excessive use of force including firearms by security forces in Wamena, Papua province.

In the afternoon of 6 June 2012, two soldiers on motorcycles reportedly ran over and injured a 3 year-old child playing by the side of the road in the village of Honelama in Wamena. Villagers who witnessed the incident chased the soldiers and stabbed one to death and injured the other.

In retaliation, two trucks of soldiers from army battalion Yonif 756/Wamena arrived at Honelama village not long after and reportedly opened fire arbitrarily on the village killing one person, Elinus Yoman. According to reliable local sources, soldiers also stabbed around a dozen people with their bayonets. In addition, soldiers reportedly burned down dozens of homes, buildings and vehicles during the attack. Many of the villagers have fled the area and are afraid to return to their homes.

Amnesty International acknowledges the difficulties faced by security forces in Indonesia, especially when confronted with violence. Persons suspected of committing violent crimes, including against members of security forces, must be brought to justice. However, suspects must be identified individually for arrest and prosecution in accordance with the law – there is no place for collective punishment and random, vindictive violence.

The power of law enforcement officials to use force is restricted by relevant international human rights law and standards, the basis of which is the need to respect and protect the right to life. This right is provided for in Article 6 of the International Covenant on Civil and Political Rights (ICCPR), to which Indonesia is a state party, which also provides that this right must never be derogated from, including in times of emergency. The right to life is also provided for in the Indonesian Constitution.

If the investigations find that the security forces committed unlawful killings or used force unnecessarily or excessively, then those responsible, including persons with command responsibility, must be prosecuted in civilian courts in proceedings which meet international standards of fairness.  Victims must be provided with reparations.

Credible reports of human rights violations committed by the security forces continue to emerge in the provinces of Papua and West Papua, including torture and other ill-treatment, unnecessary and excessive use of force, including firearms, and unlawful killings.

Despite a public commitment made by President Susilo Bambang Yudhoyono in February 2012 that cases of human rights violations would be “legally processed and perpetrators penalized”, investigations into reports of abuses by security forces are rare and only a few perpetrators have been brought to justice.

The lack of accountability is exacerbated by the failure to revise the Law on Military Tribunals (Law No. 31/1997). Military personnel charged with human right offences are tried in military courts. Amnesty International has expressed concerned about the lack of independence and impartiality of these trials.

Amnesty International urges the Indonesian government to address the culture of impunity in Papua by taking the necessary steps to ensure that all security forces responsible for human rights violations are held accountable. The government must also immediately revise the Law on Military Tribunals so that military personnel suspected of offences involving human rights violations can be investigated and tried in an independent civilian judicial system and victims and witnesses provided with adequate protection.
http://www.amnesty.org/en/library/info/ASA21/020/2012/en





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AHRC: Prison guards tortured 42 prisoners and detainees at Abepura correctional facility in Papua
			

				





June 8, 2012




Dear friends,



The Asian Human Rights Commission (AHRC) has received information regarding the torture of 42 prisoners and detainees by prison guards at Abepura Correctional Facility on 30 April 2012 following an argument between one of the detainees, Selfius Bobii, and the Head of the Abepura Correctional Facility (Abepura Kalapas). The prisoners were beaten, kicked, hit with wood blocks as well as iron sticks and some of them were trampled by the prison guards. Their personal items were taken away and burned. The torture and property destruction took place under the order of the Abepura Kalapas.


CASE NARRATIVE:

According to several local NGOs such as The Commission for the Disappeared and Victims of Violance in Papua (KontraS Papua), Sekretariat Keadilan, Perdamaian dan Keutuhan Ciptaan (SKPKC) Fransiskan Papua, Papua Legal Aid Foundation (LBH Papua) and Elsham Papua, around 12pm on 30 April 2012, the prison guards at Class II.A of the Abepura Correctional Facility were going to put back and lock the detainees and prisoners in their cell. Amongst them was Selfius Bobii who was detained and received punishment for his involvement in the Third Papuan Congress in October 2011. Selfius had asked the Head of the Correctional Facility’s Security Unit (KPLP), Juwaini, for a permit to hold a creative activity with other prisoners but his request was dismissed by the KPLP. This led to an argument between him and the Abepura Kalapas, Liberti Sitinjak, who heard the conversation of Selfius and one of his staffs.


The argument between Selfius and the Kalapas ended with an order from the Kalapas to the prison guards to put Selfius into isolation. Selfius avoided the prison guards and insisted that he should not be isolated as he has not done anything wrong.


Other prisoners who were at their cell witnessed this and they also yelled at the prison guards asking them to put Selfius back to his cell instead of to the isolation. Their requests were ignored and the prison guards put Selfius in an isolated area. The prison guards later went back to the cells where the prisoners were yelling. The guards were offended with what the prisoners said so they took them out of their cell and beat, kicked and hit them with fists, wood blocks and iron sticks. The prisoners were also whipped with thick ropes supposed to use for controlling cows. They were also dragged to the yard in front of the block and were asked to walk whilst they were crouching for about 200 metres. As they were doing this, the guards kept beating and kicking them. The guards stepped on some of the prisoners and detainees’ fingers and toes. The guards also kept saying to the prisoners ‘you are all stupid, that is why you ended up here’. The torture and ill-treatment took place for about two and a half hours, approximately from 12.30-3.15pm. There were 41 prisoners in total who were treated this way by twenty prison guards. Two prisoners Hendrik Kenelak and Otto Ikinia fainted and one, Parmen Wenda, had his arm broken.


Before the prison guards put the prisoners back to their cell, the Kalapas asked them to search the cells and took away their personal belongings  and later burned them. Selfius was brought to the Papua Regional Police Station and was questioned. He did not receive any ill-treatment whilst he was there and was later sent back to Abepura Correctional Facility on 3 May 2012.


ADDITIONAL INFORMATION:

Principle 6 of the UN Body of Principles for the Protection of All Persons under Any Form of Detention and Imprisonment explicitly prohibits the use of torture and ill-treatment against persons whose liberty are deprived. The principle also emphasises that no reason can be used to justify any state officials to conduct torture and ill-treat prisoners. These principles are in accordance with the provisions under the UN Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (UN CAT) to which Indonesia is a state party since 1998. Yet although Indonesia has ratified the UN CAT, torture itself has yet to be criminalised in Indonesia in order to end the ongoing practice. For this reason, at the first and second Universal Periodic Review of the UN Human Rights Council’s session on Indonesia, several countries urged the Indonesian government to criminalise torture and to reform its Penal Code in accordance with its international human rights obligations.


The absence of articles making torture a punishable crime in Indonesia contributes to the low investigation rate seen in torture cases in Indonesian criminal procedure. Torture is often deemed merely as a violation to disciplines for which, in the majority of cases, the perpetrators received inadequate or no punishment. Military officers who tortured several Papuans in 2010 as shown in a video distributed on the internet, for instance, were sent only to 8 to 10 month imprisonment for disobedience but have not been held accountable for the torture they committed.




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