AI: Indon authorities refuse Papuan political prisoner Kimanus Wenda medical care

Amnesty International
INDONESIA: AUTHORITIES REFUSE PRISONER MEDICAL CARE

UA: 251/11 Index: ASA 21/025/2011 Indonesia Date: 19 August 2011

Papuan political prisoner Kimanus Wenda is in urgent need of medical treatment. He has a tumour in his stomach, and needs to be transferred to a hospital to undergo an operation. Prison authorities have refused to pay for his transport and medical costs.

Kimanus Wenda is being held at the Nabire prison in Papua province, Indonesia. He has a tumour in his stomach and is constantly vomiting. Prison doctors have confirmed that he needs an operation; however, Nabire does not have the necessary medical facilities available. Kimanus Wenda needs to be transferred to Jayapura, also in Papua province, where he can receive the medical treatment he urgently requires. His family and lawyer have requested that he be transferred to Jayapura but the Nabire prison authorities have refused to cover the cost of his transport and medical treatment. Under Indonesian Government Regulation No. 32/1999 on Terms and Procedures on the Implementation of Prisoners’ Rights in Prisons, all medical costs for treatment of a prisoner at a hospital must be borne by the state.

Kimanus Wenda has been ill-treated in detention in the past. During his arrest and interrogation in April 2003, he was reportedly tortured or otherwise ill-treated by military officers, who beat, kicked and stamped on him. On 25 May 2011 Kimanus Wenda was beaten by prison guards after he and another political prisoner, Linus Heluka, attempted to file a complaint about a prison officer who had insulted a Papuan prisoner. At least four prison guards beat Kimanus Wenda with a thick piece of rubber and kicked him. The guards also hit Linus Heluka on the head and hand. Linus Heluka was then put in an isolation cell for two weeks.

Please write immediately in English, Indonesian or your own language urging the authorities to:

  • Ensure that Kimanus Wenda receives full and immediate access to the proper medical treatment he requires;
  • Allow Kimanus Wenda to travel to Jayapura to receive urgent medical care as recommended;
  • Cover the cost of such treatment in accordance with the UN Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (Principle 24) and Indonesian regulations;
  • Immediately conduct an independent and impartial investigation into all allegations of torture or other ill-treatment by prison guards in Papua and ensure that, should the allegations be verified, those responsible be brought to justice in fair trials and the victims receive reparations; and
  • Ensure that prison conditions and the treatment of prisoners meet standards provided for in Indonesian law as well as UN Standard Minimum Rules on the Treatment of Prisoners.

PLEASE SEND APPEALS BEFORE 3 OCTOBER 2011 TO:

Head of Nabire Prison

Arif Rachman
Lapas Klas IIb Nabire, Jl. Padat Karya,
Nabire 98801, Papua, Indonesia
Fax: +62 984 24721
Salutation: Dear Arif Rachman

Head of the Papuan Provincial Department of Justice and Human Rights
Daniel Biantong
Jl. Raya Abepura No. 37
Kotaraja – Jayapura 99117, Papua, Indonesia
>Fax +62 967 586112
Salutation: Dear Daniel Biantong

And copies to:

Director General of Prisons
Drs. Untung Sugiyono
Ministry of Justice and Human Rights
Jl. Veteran No. 11
Jakarta Pusat, Indonesia
Fax: +62 21 384 1711

Also send copies to diplomatic representatives accredited to your country.

Please check with your section office if sending appeals after the above date

URGENT ACTION Authorities refuse PRISONER medical care

ADDITIONAL INFORMATION

In April 2003 Kimanus Wenda was accused of attacking a military warehouse in Wamena, Papua province, an accusation which he denies. According to his lawyers, he was arbitrarily detained at the barracks of the Wamena District Military Command 1702 by the military and police and initially denied access to a lawyer. There, he was reportedly tortured or otherwise ill-treated by military officers, including being beaten with a piece of wood, kicked on his chest, stamped on, and dragged around with a piece of rope around his neck. According to Kimanus Wenda, the ill-treatment continued while the police were interrogating him. A translator was not provided during the police interrogation, even though Kimanus Wenda did not speak Indonesian. He was forced to sign a confession he could not read. In January 2004 he was sentenced to 20 years’ imprisonment for “rebellion” under Articles 106 and 110 of the Indonesian Criminal Code. He continues to suffer physically on account of the ill-treatment he experienced in 2003.

In December 2005 Kimanus Wenda was transferred to Gunung Sari prison in Makassar, South Sulawesi, thousands of miles from his family in Papua. While he was there he was forced to sleep on a cement floor. In January 2008 he was transferred to Biak prison, Papua and then to Nabire prison.

The Indonesian authorities have an obligation under national law and standards to provide medical treatment to all prisoners in the country. Article 17 of the Indonesian Government Regulation No. 32/1999 on Terms and Procedures on the Implementation of Prisoners’ Rights in Prison requires the prison authorities to provide adequate access to medical treatment. International standards also provide for medial treatment for prisoners. The UN Standard Minimum Rules for the Treatment of Prisoners provides that prisoners needing treatment not available in the prison hospital, clinic or infirmary should be transferred to an appropriate institution outside the prison for assessment and treatment. Furthermore, Principle 24 of the UN Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment requires that prison authorities cover the costs of such treatment.Amnesty International believes the denial of medical care to Kimanus Wenda could amount to cruel, inhuman or degrading treatment.

Name: Kimanus Wenda
Gender m/f: M

UA: 251/11 Index: ASA 21/025/2011 Issue Date: 19 August 2011

Freedom Now Welcomes Call of 26 Members of U.S. House for Release of Papuan Filep Karma

Freedom Now

FOR IMMEDIATE RELEASE 

August 22, 2011

Contact: Fred Fedynyshyn
+1 202-637-6461

FREEDOM NOW WELCOMES CALL OF 26 MEMBERS OF U.S. HOUSEFOR RELEASE OF RENOWNED HUMAN RIGHTS ADVOCATE FILEP KARMA

Today, a bipartisan group of 26 members of the United States House of Representatives, led by Reps. Joseph Pitts (R-PA) and James Moran (D-VA) requested that President Susilo Bambang Yudhoyono of Indonesia release Papuan human-rights advocate Filep Karma. In the letter, attached, the Representatives declared:

Mr. Karma’s case represents an unfortunate echo of Indonesia’s pre-democratic era, when Indonesia regularly imprisoned political activists on unlawful grounds…. We urge your government to uphold its commitments to international law and to its own domestic law and immediately and unconditionally release Mr. Karma.

Other signatories to the letter included members of the House’s Committee on Foreign Affairs, Chris Smith (R-NJ), Dana Rohrabacher (R-CA), and Eni Faleomavaega (D-AS); and co-chairs of the Tom Lantos Human Rights Commission, Jim McGovern (D-MA) and Frank Wolf (R-VA).

Freedom Now attorney Sachi Jepson stated: “We, along with an international community of supporters, are heartened by the House’s efforts to restore justice and health to Mr. Karma. We sincerely hope the Government of Indonesia will bring an end to Mr. Karma’s unlawful detention and that he can return to his family at long last.”

Mr. Filep Karma, 52, is a prominent Papuan political activist and former Indonesian civil servant who is serving a fifteen-year prison sentence for his peaceful human rights advocacy. He was arrested on December 1, 2004, for organizing and participating in a ceremony at Trikora Field in Abepura, Papua, where hundreds gathered to raise the Papuan Morning Star flag and celebrate the anniversary of the 1961 Papuan declaration of independence from Dutch rule. Although Mr. Karma has explicitly denounced the use of violence, he was charged with treason and sentenced to fifteen years in prison. His wrongful arrest, detention, and trial violate Indonesian law and Indonesian obligations under international law. Mr. Karma is an inspirational leader of nonviolent human rights advocacy­currently suffering respiratory infections and abdominal pains while being denied medical attention.

Freedom Now welcomes the support of these Representatives and joins them in calling on President Yudhoyono to release Mr. Karma and urging the Indonesian government to comply with its commitments under international law and its own constitution.

###1776 K Street, NW, 8th Floor • Washington, D.C. 20006 • +1 (202) 223-3733 • www.freedom-now.org Our mission is to free prisoners of conscience through focused legal, political and public relations advocacy efforts.

 

—-

Congress of the United States
Washington, DC 20515

August 19, 2011

Dr. H Susilo Bambang Yudhoyono
President of the Republic of Indonesia
Istana Merdeka
Jakarta 10110
Indonesia

Your Excellency:

As Members of the House of Representatives of the United States Congress, we write asking your government to release Filep Samuel Karma, a Papuan political activist and former civil servant, who has been unlawfully and arbitrarily detained since 2004.

Mr. Karma is a prominent non-violent Papuan political activist. He is currently serving a 15- year prison sentence following his raising of the Papuan Morning Star flag at a 2004 political rally celebrating the 1961 Papuan declaration of independence from Dutch rule. U.S. policy towards Indonesia supports the advancement of universal human rights and the fair and nondiscriminatory treatment of all people, which includes the peoples of Papua and West Papua. As a strategic partner, we remain concerned that your government meet its fundamental obligations to  protect the rights of its people, as respect for human rights strengthens democracy.

Mr. Karma’s trial violated international standards of due process of law. For example, the judge made several plain statements indicating a bias against Mr. Karma. Additionally, Mr. Karma’s appeal was rejected on unfounded procedural grounds. And during his incarceration, he has suffered degrading and inhumane treatment, including the denial of necessary medical treatment. Recently, Mr. Karma has been placed in an isolation cell that is causing respiratory problems and has been denied adequate food and water. Additionally, Indonesian authorities have repeatedly threatened to move Mr. Karma to Nusa Kambangan Prison, which reputedly has the worst prison conditions in Papua.

Mr. Karma’s case represents an unfortunate echo of Indonesia’s pre-democratic era, when Indonesia regularly  imprisoned political activists on unlawful grounds. Indeed, Mr. Karma’s case was cited in the United States State Department 2009 Human Rights Report as an example of Indonesia’s detention of political prisoners. Accordingly, Mr. Karma’s release would be a welcome indication of the Government of Indonesia’s otherwise robust commitment to  democracy and human rights.

We urge your government uphold its commitments to international law and to its own domestic law and immediately and  unconditionally release Mr. Karma.

Sincerely,

Joseph R. Pitts
James P. Moran

Frank R. Wolf
James McGovern
Jim McDermott
Christopher Smith
Heath Shuler
Steve Cohen
Chellie Pingree
Henry A. Waxman
Tammy Baldwin
Edolphus Towns
Carolyn B. Maloney
Lloyd Doggett
Michael M. Honda
Bob Filner
Janice D. Schakowsky
Thaddeus McCotter
Barney Frank
Steven R. Rothman
Jesse L. Jackson, Jr.
Sam Farr
Dana Rohrabacher
Edward J. Markey
Maurice D. Hinchey
Eni F.H. Faleomavaega

Security measures escalate in Papua

Bintang Papua, 20 August 2011

KNPB, the National Committee for West Papua, is scheduled to announce
the results of the meeting organised by ILWP, International Lawyers for
West Papua in Oxford, at 9am this morning , at the tomb of Theys Hiyo
Eluay.

Bintang Papua also reported that Major-General Erfi Triassumu, commander
of the XXVII/Cendrawasih Military Command, said he has not yet had any
reports about the results of the ILWP meeting in Oxford, but said that
the ILWP event has triggered events affecting the security situation,
especially in Papua.

In a meeting with the press, he said that promises made by various
groups were causing confusion among the population. It was not only
because of the armed activities of civilian groups that had occurred
before and after the ILWP meeting. The security situation had indeed
intensified throughout Papua recently, which had happened both before
and after the ILWP meeting.

Other factors were the election of the governor of Papua as well as the
special autonomy law – OTSUS. People were hoping that OTSUS funds would
be evenly distributed among the communities, although some of the funds
could not yet be released.

He said that he along with the police chief in Papua had together
committed to doing what they could to restore a conducive situation in
Papua.

Meanwhile, the district chief of Puncak Jaya, Lukas Emenbe. called on
everyone whatever their differing opinions to hold a dialogue in order
to agree on peaceful solutions. ‘ All these problems can be resolved,’
he said, ‘as long as we publicly express our opinions.’

The military commander, asked whether there would be an increase in the
number of troops in preparation for the forthcoming Idul Fitri [the last
two days of Ramadan] said that organic troops may carry out routine
movements because the Korem under Battalion 751 in Sentani does not
have special units available for security purposes.

Asked about the manoeuvres by armed groups which had been involved in
fighting in urban areas such as in Nafri, he said because of the current
civil emergency status, the police would be in the front line together
with the local government, because the govrnor, the district chief and
the city mayor are the ones who are responsible for security.’

‘I will assist if there is a request from the police for additional
personnel to help the police,’ he said.

Indon military open fire on vehicles carrying KNPB activists, arrests ahead of Aug 20 gathering

from Westpapuamedia.info and Local Sources

Indonesian Police and Army from a joint taskforce opened fire on a car of West Papua independence activists in Abepura, West Papua, on August 18, after arresting three other activists from the West Papua National Committee (KNPB) for distributing pamphlet in support of demonstrations planned for August 20.

The shooting occurred when KNPB (Komite Nasional Papua Barat) members attended the Jayapura police headquarters to check on the welfare of detainee Octovianus Mayor.   Mayor was arrested by members of the joint TNI/POLRI taskforce at 1000am local time at Expo Waena, for distributing pamphlets for a planned announcement on August 20 of resolutions from the Oxford ILWP “Road to Freedom” conference, at the grave of the late Theys Hiyo Eluay in Sentani.  Mayor is the Secretary General of the Timika Region KNPB.

Colleagues of Mayor went by car to Abepura police station upon hearing of his arrest to ensure his safety.  Demi Asso, Soni Kosa and several friends asked police guarding a post at Abepura of the whereabouts of their friend, whose location was given by police at District Police Jayapura.   After they left the  police station and drove towards PolRes Jayapura.   According to witnesses, police followed the activists from the police station, and began to shoot at their car, a black Avansa.

Police quickly pursued the KNPB activists vehicle, which was fired on by police officer Bripka Numberi at 12.000 midday, at Abepura circle, Jayapura, Papua.

Bripka Numberi allegedly fired indiscriminately in pursuit of the vehicle,shooting 10 rounds into the rear of the car, 4 rounds through the windscreen, 6 rounds into the rear bumper and 1 round in the wheel, causing the Avansa to stop.  The vehicles occupants panicked and ran, according to a a KNPB witness report and chronology obtained by West Papua Media.  The police continued to open fire on the unarmed group, shooting Demi Asso, Soni Kosay in the feet.  The three other unidentified activists did not sustain bullet wounds, and police arrested all immediately.  At around 13:00 the two shot KNPB activists and three others were taken to the Jayapura Police for further processing.

KNPB have appealed for support from international human rights observers, lawyers and NGOs to press for a credible investigation into the circumstances of this arrest and the excessive force used by Police to capture unarmed activists.

Nick Chesterfield, local sources

ROAD TO FREEDOM IN JAYAPURA – Video

by Frengky Making

The rally organised by the National Committee for West Papua (KNPB) on August 2 2011 was led by Mako Tabuni from KNPB. The protesters were on the streets the whole day. There were more than 10,000 people, from Sentani, Jayapura as well as students from Abepura. The peaceful rally was organised to support the seminar by International Lawyer for West Papua (ILWP), initiated by Benny Wenda in London, the UK, which looked into the history of the 1969’s People’s Act of Free Choice (PEPERA).

[vimeo http://www.vimeo.com/27921972 w=500&h=400]
 07:05
video information
produced by Frengky Making
produced Aug 18, 2011

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