Tag: Indonesian National Police

KONTRAS: Torture acts are not taken seriously

(WEST PAPUA MEDIA has edited this article for linguistic clarity)

Summary for International Day in Support of Victims of Torture

To commemorate International Day in Support of Victims of Torture (26 June), the Commission for the Disappeared and Victims of Violence (KontraS) published an annual report titled, “Torture: Cruel Acts That Are Not Taken Seriously”.  This report is a summary of several torture incidents that received broad public attention (both nationally or internationally) throughout July 2010 – June 2011, especially elaboration of various complaints on torture cases, which were handled directly by KontraS.

The report checks how far the state has implemented human rights standards in their policies and national regulations produced.

KontraS’ advocacy work regarding torture cases are still to become part of the main agenda and needs to be mainstreamed to the public.   This agenda, besides pressuring the state to proactively deliver positive outcomes in human rights protection through policies and regulation reform,  also will provide public education to keep pushing for maximum protections on non-derogable (inalienable) rights, in all spheres of life.

State  “stuttering”  in responding to torture incidents can be seen from the cancellation of President Susilo Bambang Yudhoyono’s visit to The Netherlands at the end of last year.  The cancellation was in response to a legal suit submission to  a Netherlands court by activists of South Maluku Republic (RMS) residing in the Netherlands.   The Lawsuit was a legal-political action against Indonesian National Police officers  who tortured alleged RMS activists after a Cakalele dance performed in front of SBY, present with many foreign diplomats and guests during their visit to Maluku in 2007.

The next failure continues at the end of 2010.  Two torture videos circulated freely and widely on Youtube website.  In the short video  shown several people in military uniform are committing brutal and inhuman treatment followed by intimidating interrogation questions.  The SBY regime responded swiftly, confirming torture practice (did occur) in Tingginambut, Puncak Jaya District, Papua Province.   Although in the end, the Military tribunal III-9 (of Military Command District Cenderawasih, Jayapura, Papua) fall short by giving only light sentences to the 7 defendants which were all military personnel.

Beside two case exposed above, KontraS documented at least 28 cases of torture done by Indonesian military and police.   Quantitatively, we believe torture practices have happened even more.   Difficulties occur in monitoring torture acts because often it occurs inside the military and police compound – and due to lack of victim’s courage to report any torture case because the perpetrators are the law enforcer itself.  Cases directly handled by KontraS, among others are:

(1) Torture case of RMS activists in Ambon,
(2) Torture of Hermanus in Maluku,
(3) Torture lead to fatal casualties of Charles Mali in NTT,
(4) Engineered case of Aan Susandhi in Artha Graha.

KontraS also highlighted other cruel, inhuman and degrading treatment including caning punishment in Aceh.

In particular, KontraS highlight Komnas HAM capabilities to investigate and uncover the patterns and causal roots of torture, especially of torture cases in conflict area such as Papua.   The degree of seriousness in torture cases often fit the requirement of a pattern that is widespread and systematic, but in several case (such as on the torture video and violence upon Reverand Kinderman Gire cases), torture is framed as an (isolated or) individual case , but is still a serious violation of human rights subject to the international law norm ‘Jus Cogens’.

Komnas HAM neglectfulness in resolving torture cases paves the way for further impunity and lack of respect of victims’ rights. From various complaint reports sent by KontraS together with victims’ family, not a single case has ended up with justice where the perpetrators are given a fair punishment.   These made worse by the absence of reparations toward victims of torture and their families. Those conditions are in line with the small numbers of torture cases resolved fully in trial. Torture in Indonesia is a typically a crime practiced with impunity.

Criminalization of perpetrators of torture must be done under a legal framework,  with respect of human rights, and by ensuring preventions so that similar cases will not repeat in the future.   Therefore, KontraS urge the state to highlight recommendations below:

1. Hasten criminalization of acts of torture – The Indonesian government, especially the Ministry of Law and Human Rights, must draft a special legislation on efforts in preventing and punishing acts of torture. Criminalization of torture will be an important benchmark for Indonesia in fighting future torture practice.   This effort will become an alternative step while efforts to enact a new Criminal Code procedure is yet to be fulfilled;

2. Indonesian Police and Military must have a vetting mechanism in their rank and file (promotions) process, that considers their officers track record as to who has committed torture, in order to further their members professionalism.

3. Police must increase their personnel capacity in conducting investigations and probes, whilst also maximizing effective and deterrent punishment for torture perpetrators. Torture cases continue to occur due to a lack of capacity for adequate investigation technique, thus Police resort to shortcuts in gathering evidence and gain confessions through torture;

4. Indonesian military must improve their internal accountability mechanisms by revising Military Tribunal Bill to ensure acts of torture are classified as criminal acts and receive maximum punishment.

5. National Commission of Human Rights must be able to resolve patterns and causal roots of torture practices, especially those committed by security forces, so they can provide adequate recommendations for relevant state institutions to make strategic policies to combat torture practices;

6. The government must implement recommendations from the UN Committee Against Torture; Follow up results from the country visits of the Special Rapporteur on Torture, Manfred Nowak in 2007; and the Universal Periodical Review (UPR) of 2008.

With the election of Indonesia to the United Nations Human Rights Council for the second time, the implementation of those recommendations is an indicator of Indonesia’s seriousness on human rights enforcement.

Jakarta, 26 June 2011

Executive Board

Haris  Azhar
Coordinator

5

Large rally against torture held Serui; Police confiscate rally equipment, then apologise to organisers

by Nick Chesterfield, Ronny Kareni; local sources for West Papua Media team

Serui, Thursday, June 23, 2011

Indonesian police in Serui, off the north coast of West Papua, this morning have forcefully confiscated banners, Morning Star flags, amplifiers and other rally paraphernalia from West Papuan protestors, before allowing a major rally against torture to go ahead. Despite providing police with significant notice, organisers of today’s rallies have met with inconsistent police policy in allowing legitimate peaceful expression to occur.

The rallies are being held by the West Papua National Authority (WPNA) to express opposition to institutionalised Indonesian security force torture and maltreatment of West Papuan people, and against the continuing criminalisation of legitimate peaceful dissent.  It is also to support efforts in Washington DC for West Papua by Torture Abolition and Survivors Support Coalition (TASSC) including seminars, a Vigil to End Torture in front of the White House, and Congressional Briefings on Capitol Hill.  The rally had been planned to conduct a traditional long march or “jigjog” to the offices of the DPRD, the Papuan Provincial Parliament.

Police in Serui conducted security sweeps of the area from 8 to 10 pm last night.  “This is a usual sweeping that security forces do for security measures prior to an event”. said Pak Eddy, the head of intelligence for the police (KAINTEL POLRES) in Serui said via phone to West Papua Media.

At 8am this morning, rally organisers were visited by two uniformed Papuan police officers, who told WPNA Serui Governor David Abon to cancel the long march from Wombai Park to the DPRD office. Instead, they instructed Abon to drop people with trucks to the office, but stated firmly that Police “will not provide security for the protesters, nor guarantee their safety”.

Rally organisers expressed fears that this would be a prelude for police standing down in the face of militia or military violence, and were perturbed that the police would abrogate its State Responsibility for providing security for civilians engaging in legitimate peaceful expression.   The Indonesian police has a long and regular history of standing to one side while military or military controlled civilian groups conduct serious acts of violence against political or religious opposition, such as with East Timor, in West Papua, and more recently against the Ahmadiyah.  However, neither the WPNA nor Police have shared any specific intelligence about pro-Jakarta militia mobilisations, despite the local presence of both the Laskar Merah Putih, and the newly formed Euricio Guterres / Bas Suebu militia, ASWAIN.

Over 1000 people had begun to gather at Wombai Park, Serui, on Thursday morning in preparation for the long march and listen to speeches and music.  At 10:00am, as people were meeting to discuss security situation and day’s plans, one company (150 police) of local Police present at Wombai confiscated with force a truck, Morning Star flags and material (like bags and beanies), amplifiers, and four banners. Due to the speed and force used, people at the park were subject to mounting fear, and were uncertain for their safety.

KAINTEL Eddy told the crowd,  “Don’t bring flags or banners to the rally, but rally can still go ahead”.  This action was is contravention to the rights of people to engage in free cultural expression.

The crowd then dispersed peacefully from Wombai and made its way to the DPRD office.  Over 200 armed Gegana paramilitary motorbike police are in attendance, as are two companies of normal police.

WPNA Security is still on high alert against agents provocateur, and has clear line of communication open to prevent escalation with both Pak Eddy and the KAPOLRES (Regency level Chief of Police, currently in Jayapura).

In Mantembu at midday, prior to that march joining with the main rally, Police attempted to shut down the march, and again seized banners that displayed the Morning Star symbol.  An intense vocal confrontation between WPNA and Police ensued, but negotiations with Police successfully agreed the rally to be continued until 4pm.

” We will provide the safety and security of all the participants”, said Terrianus Israel Yoku, National Congress President of WPNA.   “We want to freely exercise our rights to freedom of assembly, and we ask for security forces to respect the rights of West Papuans to voice our concerns”, said Yoku.

“Even though the security forces stop trucks and confiscate morning star flags, banners and amplifiers, it wont stop us marching in peace” said David Abon, govenor of Yapen Waropen.

The Kapolres and KAINTEL POLRES apologised to Reverend Yoku, WPNA, for the confiscation of items and the force that was used against demonstrators this morning.

Participants from Wombai joined with the 500 Mantembu marchers, who then joined over 3000 people already gathered at DPRD.  Delegations also came from Sorong, Manokwari, Jayapura, Fak Fak, Bintuni, Waropen, and Mamberamo.  Over 5000 people stayed upon the steps of the DPRD office listening to speeches and music.

“A Salute to everyone who made the decision to participate in this long march for peace and justice in West Papua. This is an act of working together in support of what is happening in Australia and Washington to speak out on the ongoing torture and issues towards indigenous West Papuans”,  said Jacob Rumbiak, WPNA Foreign Affairs Coordinator, in Australia.

“Today, the international advocates are monitoring the situation in West Papua, especially in Serui, and we ask the Indonesian security forces to respect the rally and allow every West Papuans to freely exercise their freedom of expression and freedom assembly”, said Terry Bukorpioper, WPNA’s designated spokesperson to the UN.

At time of writing,  close to 5000 people joined on the steps of DPRD in a closing prayer with Reverend Phil Ayeni to peacefully end the rally.

West Papua Media will continue to monitor the situation closely, and provide timely updates.
Related articles
1

‘If You Mess With Us You’re Dead’

via NewMatilda.com

By Jason MacLeod

indo soldier in west papua

There was nothing clandestine about the beating of human rights activist Yones Douw in West Papua last week. Jason MacLeod reports on the latest in a long pattern of public violence by the Indonesian military

“You can mess with the police,” said the Indonesian soldiers, “but if you try it with us, you’re dead.”

According to witnesses that was what was said to Yones Douw, a 42-year-old Papuan human rights defender as he was beaten with lumps of wood by soldiers from Kodim 1705, Nabire’s District Military Command in the Indonesian province of Papua. Immediately after the beating Douw went to the local Siriwini hospital but was refused treatment. Local staff demanded a letter from the police before they would treat his wounds. Douw now fears for his safety and has gone into hiding.

The incident occurred on the 15 June. Douw, a church worker with the Kingmi Church’s Bureau of Justice and Peace in Nabire, heard that a protest was going to take place at the 1705 District Military Command (Kodim) base in Nabire, Papua province, and he went to the base to monitor it. Thirty minutes after he arrived, a group of protesters turned up in three trucks, broke into the front entrance of the base and started to shatter the windows and throw objects. Douw immediately rushed into the base to calm the protesters.

In response, the military fired shots into the air and started hitting the protesters. Douw was struck on the head with pieces of wood many times. He also sustained injuries on his shoulder and wrists from the beatings. The protesters fled the scene, pursued by members of Kodim 1705 and armed troops from neighbouring Battalion 753. This is what gave Douw time to escape.

Yones Douw was not the accidental victim of some random act of violence. And the protesters he was defending were not some random mob of outraged Papuans or an attack by the Papuan Liberation Army, Papua’s lingering guerrilla force. The attack on the Nabire District Military Command was an expression of a grief stricken family angered at the senseless killing of one of their own. The family wanted to hold the military accountable for the killing of Derek Adii, a man who was beaten to death by soldiers a few weeks earlier.

In mid-May Douw, a chronicler of human rights violations in the troubled Paniai region for some years now, published a report that was picked up by Jubi, West Papua’s only independent news service. Douw’s report detailed the killing of Derek Adii on 14 May 2011. Adii, a 26-year-old Nabire man had just completed his application to join Papua’s burgeoning civil service.

According to Douw’s report, Adii was boarding the crowded passenger vessel KM Labobar at Nabire’s dock when he was beaten by six members of the military. One of the soldiers allegedly pulled out a bayonet and stabbed Adii in the head. The six men then threw his body overboard. Adii died at the scene.

Douw believes he was beaten by the military for retribution — not only for reporting Adii’s killing but also for continuing to shine a spotlight on human rights abuses in West Papua, an area the Indonesian police and military are trying to close off from international scrutiny by locking out journalists and even diplomats.

The circumstances surrounding Adii’s very public murder and Douw’s public beating in the front yard of a military base located on a main road in the middle of a town is typical of the patterns of human rights abuses in West Papua. Australian National University scholar and former Director of the Catholic Office of Justice and Peace in West Papua, Br Budi Hernawan OFM who is studying torture in West Papua, says that torture and human rights abuses in Papua are a kind of “public spectacle”.

In the 400 odd cases of torture that Hernawan has studied it is mostly poor and innocent Papuan civilians are rounded up and publicly abused. The perpetrators are nearly always the Indonesian military and police. It is classic state terror, the purpose of which is to violently pacify the population, to enforce the security apparatus’ control over human bodies and the body politic — and to intimidate and silence Papuan dissent.

It is a script that Yones Douw has refused to buy into. In the meantime other Papuans have stepped into Douw’s shoes. They are now chronicling the military’s attack on him and sending reports out to a domestic and international network in the same way that Douw has been ceaselessly reporting on the human rights abuses of others.

Related articles
8

Amnesty:URGENT ACTION PAPUAN ACTIVIST AT RISK FOLLOWING BEATING

UA: 188/11 Index: ASA 21/014/2011 Indonesia Date: 17 June 2011

URGENT ACTION

PAPUAN ACTIVIST AT RISK FOLLOWING BEATING

Yones Douw, a human rights activist in the Indonesian province of Papua, was beaten by military officers on 15 June and has been denied medical treatment. He fears for his health and safety, as he has previously been detained and assaulted as a result of his human rights activities.

A protest took place at the 1705 District Military Command (Kodim) base in Nabire, Papua province, on the morning of 15 June, to call for accountability for the stabbing and killing of Papuan Derek Adii on 14 May 2011, reportedly by military officers from the 1705 District Military Command. At about 9am on 15 June, Yones Douw , a 42-year-old human rights activist, heard that a protest, which included family members of Derek Adii, was about to take place, and he went to the base to monitor it. Thirty minutes after he arrived, a group of protesters turned up in three trucks, broke into the front entrance of the base and started to shatter the windows and throw objects. Yones Douw immediately rushed into the base to calm the protesters.

In response, the military fired shots into the air and started hitting the protesters. Yones Douw was struck on the head with pieces of wood many times. He also sustained injuries on his shoulder and wrists from the beatings. As he was beaten he heard the military threaten to shoot the protesters saying “these animals should be taught a lesson”. A military officer also hit the father of Derek Adii, Damas Adii, with a piece of wood. After the beatings, Yones Douw travelled to the Siriwini hospital for treatment and to obtain a medical report, but was told by medical staff that he required a letter from the police before they could treat him. He then decided to go home and is still suffering from the injuries. He fears for his health and safety.

Yones Douw is a respected human rights activist in Papua and has been documenting human rights violations by the police and military over the last decade.

PLEASE WRITE IMMEDIATELY in Indonesian, English or your own language:

– Urging the authorities to take immediate action to ensure the safety of Yones Douw, in accordance with his wishes, and ensure his immediate access to medical care;

– Calling for an immediate, effective and impartial investigation into the beatings and the threats against Yones Douw, with the results made public and those responsible brought to justice in fair trials;

– Calling on the authorities to initiate an independent investigation into the possible unlawful killing of Derek Adii, and ensure that, should the allegations be verified, those responsible be brought to justice in fair trials and the victims receive reparations; and

– Calling on the authorities to ensure that all members of the police and military are made aware of the legitimate role of human rights defenders and their responsibility to protect them, as set out in the UN Declaration on Human Rights Defenders.

PLEASE SEND APPEALS BEFORE 29 JULY 2011 TO:

Minister of Justice and Human Right s

Patrialis Akbar

Ministry of Justice and Human Rights

Jl. H.R. Rasuna Said Kav No. 4-5

Kuningan, Jakarta Selatan 12950

Indonesia

Fax: +62 21 525 3095

Salutation: Dear Minister

Chairperson National Human Rights Commission (Komnas HAM)

Ifdhal Kasim

Jl Latuharhary

No.4 Menteng Jakarta Pusat

10310, Indonesia

Fax: +62 21 39 25 227

Salutation: Dear Ifdhal Kasim

Papua Police Chief

Inspektur Jenderal Bekto Suprapto

Papua Regional Head of Police (Kapolda)

Jl. Samratulangi No. 8 Jayapura,

Papua, Indonesia

Fax: +62 967 533763

Salutation: Dear Kapolda

Also send copies to diplomatic representatives accredited to your country. Please check with your section office if sending appeals after the above date.

Additional Information

In January 2009, police officers kicked and punched Yones Douw during his arrest, after he attempted to intervene to stop clashes between police and demonstrators in Nabire. He and seven other demonstrators were denied access to the outside world and he was deprived of food and drinking water during his one day detention.

In recent years, there have been a number of cases of intimidation and attacks against human rights defenders and journalists in Indonesia, and human rights defenders are regularly intimidated and harassed in Papua. International human rights observers, non-governmental organizations and journalists are severely restricted in their work there.

Amnesty International continues to receive credible reports of human rights violations by the security forces in Indonesia, including torture and other ill-treatment and the unnecessary and excessive use of force. There are often no independent investigations into allegations of human rights violations, and those responsible are rarely brought to account before an independent court. In January 2011 three soldiers who had been filmed kicking and abusing Papuans were sentenced by a Military Court to between eight and 10 months’ imprisonment for disobeying orders. The fact that the victims were not able to testify because of the lack of adequate safety guarantees raised serious concerns about the trial process. Amnesty International believes that the civilian courts are much more likely to ensure both prosecutions for crimes involving human rights violations and protection for witnesses than the military system, which is unlikely to be impartial and independent.

While Amnesty International acknowledges the difficulties faced by security forces in Indonesia, especially when confronted with violence, the power to use force given to security forces is restricted by relevant international human rights law and standards, the basis of which is the right to life. The Indonesian authorities must ensure prompt, independent and impartial investigations into all credible allegations of human rights violations by the security forces. Those found responsible, including persons with command responsibility, should be prosecuted in proceedings which meet international standards of fairness, and victims provided with reparations.

UA: 188/11 Index: ASA 21/014/2011 Issue Date: 17 June 2011

Related articles
3

Human rights NGOs in Papua may seek international action about violations in Papua

Bintang Papua, 14 June 2011
Jayapura: On the occasion of the tenth anniversary of the Wasior
incident, which was described by Komnas HAM – the National Human Rights
Commission – as a gross violation of basic human rights, two leading
human rights organisations in West Papua, BUK – United for Truth – and
KontraS-Papua – Commission for the Disappeared and the Victims of
Violence, held a press conference in Jayapura.

They said that there has been a failure to show any serious concern
about the violation of basic human rights in Papua. In view of this,
they said that they now intend to bring these cases up before an
international mechanism. ‘There has as yet been no international move
to take action on these cases, but we intend to raise these issues by
waging a campaign in the hope that this will bring pressure to bear on
the Indonesian government to resolve these cases,’ said Selpius Bobii,
the BUK co-ordinator. who was accompanied as the press conference by
the co-ordinator of KontraS-Papua, Olga Hamadi.

He also said that they would make formal approaches by letter to a
number of government institutions as well as NGOs.

‘Immediately after this press conference, we will be sending letters to
Komnas HAM, to the attorney-general’s office, to Amnesty International ,
to the media in Papua as well as to NGOs in Germany and elsewhere.’

The organisations felt that such action was now called for as a way of
exerting pressure so as to ensure that these cases are recognised as
gross human rights violations and are brought before a court of law.

‘It seems that it is necessary to bring pressure to bear on the various
NGOs and on the government to persuade them to be more serious about
resolving a number of human rights cases in Papua,’ they said.

According to data that has been collected by BUK, these cases resulted
in the deaths of six people at the time of the incidents, while seven
others died subsequently as a result being subjected to torture. Seven
people are reported to have disappeared, while no fewer than 305 others
were subjected to sweeping operations known as ‘Tuntas Matoa’.

‘There has also been discrimination against the families of the victims
because their parents have been branded as separatists. This is apparent
from the way that /respect /funds have been distributed, bearing in mind
the fact that the families have been treated differently than others in
the community.’

With regard to the human rights violations that have been perpetrated in
Papua at the hands of members of the Indonesian army (TNI) and the
Indonesian police (POLRI), in all these cases, it has been virtually
impossible to bring them before a court of law. ‘In the case of those
incidents that were actually taken to court, nothing was done to side
with the victims; the perpetrators were protected with the argument that
whatever had been done was in the interest of the security of the state.
An example of this was the Abepura case where those who were found
guilty are no longer behind bars.

The Wasior incident occurred on 13 June 2001. It was triggered when a
person demanded compensation for the theft of his traditional land
rights but this failed to solicit any response. On the contrary, the
people concerned were accused of disrupting security and were arrested,
tortured, and in many cases killed or made to disappear.

‘Cases that have been identified by Komnas HAM as gross violations of
human rights have reached a stalemate.after disputes between Komnas HAM
and the attorney-general’s office, with the latter using formalistic
excuses.

They went on to say that the Wasior case as well as the Wamena case (the
fatal shooting of Opinus Tabuni in August 2010) had been acknowledged by
Komnas HAM as gross violations of human rights but it had been virtually
impossible to deal with such cases because the administrations of the
provinces of Papua and West Papua which came into being following the
special autonomy law (OTSUS) had also failed to respond.

In view of all this, the representative of BUK made the following demands:

1. The president of Indonesia should immediately resolve the Wasior and
Wamena cases and in doing so recognise the fact that Papuans are
citizens of the Unitary Republic of Indonesia, NKRI which means that
their standing and dignity within the state is in keeping with the
values of the Papuan people as citizens of Indonesia.

2. The attorney-general’s office should end its machinations with regard
to the Wasior and Wamena cases and co-ordinate with other state
institutions so as stop their activities which have resulted in
reinforcing the cycle of impunity.

3. The administration of the province of Papua, along with the DPRP,
Komnas HAM-Papua and the MRP (Majelis Rakyat Papua ) should act together
as quickly as possible to ensure that the Wasior and Wamena incidents
are brought before a human rights court in the Land of Papua.

4. A Papuan Human Rights court should be set up immediately.

5. If the government fails to deal seriously with the Wasior and Wamena
cases, we as representives of all the victims of human rights
violations in the Land of Papua will bring these matters before an
international court of law.

Related articles
8

Create a website or blog at WordPress.com

Up ↑