AHRC: Military officers arbitrarily arrest and torture civilians based on false claims of rebel activity

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME
Urgent Appeal Case: AHRC-UAC-005-2012
26 January 2012
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INDONESIA: Military officers arbitrarily arrest and torture civilians based on false claims of rebel activity
ISSUES: Freedom of assembly; indigenous people; torture; military violence; police negligence
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Dear friends,
The Asian Human Rights Commission (AHRC) has learnt that on 2 November 2011, seven commanding officers of the Kurulu military sub-district command (danramil Kurulu), arrested and ill-treated three local activists and nine Umpagalo villagers in Kurulu, Papua. This incident occurred without any command letter of authorization, following allegations of rebel activities. The AHRC noted that in Papua, people are frequently victimised based on arbitrary allegations of rebellion, and subsequently tortured. (photo: Kurulu victim)
CASE NARRATIVE:
A Kurulu villager named Alex, who reportedly drank and gambled with members of the pro-Jakarta militia Barisan Merah Putih, provoked Indonesian national military (TNI) officers by claiming there was a meeting between the Free Papua Movement (OPM) and the villagers at Umpagalo on the night of 2 November 2011, at Umpagalo village, Kurulu sub-district, Jayawijaya, Papua without specific evidence. Responding to this vague information, seven armed officers of the Kurulu military sub-district command (danramil Kurulu) prepared to handle the situation without any command letter of authorization (surat izin komando).
After the armed officers came to Umpagalo at around 11pm, they beat three local activists, Melianus Wantik, Edo Doga and Markus Walilo, as well as nine villagers, Pilipus Wantik, Wilem Kosy, Elius Dabi, Lamber Dabi, Othi Logo, Nilik Hiluka, Hukum Logo, Martinus Mabel and Saulus Logo, then stabbed them with bayonets for two hours, forced them to crawl and doused them with water for one hour. The officers also humiliated, beat with big wood sticks, kicked and stepped on them with their boots, pointed their guns and threatened that they would cut their heads, and shot at them four times. After that, the officers brought all the victims to the 176/ Kurulu military headquarters of Wim Anesili Wamena battalion branch (Pos TNI Batalyon 756 kurulu cabang Batalion Wim Anesili Wamena) and allegedly examined them for two hours. The victims were then released without clear reason. Too scared to go to the hospital located around 50 meters from the military post for medical treatment, they made do with traditional remedies. (photo: wounds of beatings and stabbing)
The victims’ colleagues complained to the Kurulu sector police following the incident, but the police refused to process the complaint since there is no substantial evidence to prove the allegations and the military officers are beyond their jurisdiction based on law no. 31 of 1997 regarding military court.
Meanwhile, the head of the military district command (Korem) 172/PWY Ibnu Tri Widodo acknowledged the violence. He stated that the seven soldiers who mistreated the civilians were now held in custody of the Wamena Military Police. They would be brought to the military court. Following the mistreatment, all soldiers on duty in the Kurulu sub-district had been transferred. He further promised that the military would no longer act “arrogantly” towards civilians. However, in many cases of military trials, which are not open to the public, the sentences are merely a light punishment, such as a transfer, which is inadequate given the seriousness of the human rights violations committed. Therefore, the TNI jointly with the National Human Rights Commission (Komnas HAM) should send an independent investigation team to transparently resolve this case, as well as ensuring the adequate punishment of those responsible. The military court law should be reviewed to ensure that members of the military are brought exclusively before a competent, objective and impartial civilian court that is compliant with the internationally-accepted standards of fair trial, including public access to the process, in cases of human rights abuses by members of the military against civilians. (photo: Kurulu victim)
ADDITIONAL INFORMATION:Torture is used in a widespread way by the police and military against indigenous Papuans, notably on persons suspected of supporting independence movements. Such suspicions are often leveled arbitrarily against members of the indigenous community and result in stigmatisation. This case is a clear example of this pattern.
Furthermore, according to the law on military courts, members of the military that commit crimes against civilians, such as extrajudicial killings or torture, can only be held accountable by military justice systems. Military courts are not open to the public, are notorious for only giving lenient punishments, and show a clear lack of impartiality.

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Komnas HAM warns of human rights violations in Puncak Jaya

Bintang Papua, 20 January 2012Human rights violations are occurring in PuncakThe Papua branch of Komnas HAM, the Indonesian Commission for Human Rights, has confirmed that human rights violations have been occurring in Puncak. These include a number of deaths that have occurred during this prolonged conflict.

‘While not yet knowing the motive or who was responsible, the killings were clearly human rights violations. Lives were lost which is an indication that the right to life has been ignored.,’ said Matius Murib, deputy chairman of the Komnas HAM Papua branch. He made the statement after attending a Forces Group Discussion on Civil and Political Rights and Economic, Social and Cultural Rights (ECOSOC) held by the Papuan branch of Komnas HAM.

When lives are lost, human rights are certainly violated.  No need to ask about the motive as this goes beyond the power of the Almighty. The state or government have no right to destroy life, which is totally without justification .’ The right to life  comes only from God and no one has the right to kill people,’ he said.

In this Puncak case, those involved were planning to conduct investigations in February and were planning to visit the site of the killings, in order to make recommendations to the authorities. Murib said that he could not make any comments until they had visited the site

Responding to a question about whether the government had been responsible fir triggering the conflict, he said that such a charge would need to be investigated. If this turns out to the true, then some individual or institution that had been granted powers by the state had failed o take action quickly enough to prevent the incident from occurring, and this is matter for KomnasHAM to issue a charge.

He recognised that  according to investigations reported in the media, there were indeed actions by the government and related persons, and the question was, why had the conflict occurred and why were casualties still occurring. ‘It is our task to investigate whether actions were taken by the state and whether they were   justified.’

As has previously been reported, the conflict that relates to the election of the head of the district of Puncak and has resulted in 49 casualties among the local community since 30 July 2011. This conflict was still on-going up until 14 January 2012 in the district and the government has not made any efforts to resolve it, nor have the police done anything to resolve the conflict, which is being described as a tribal war between people living in the Central Highlands. It relates to an internal dispute within the political party called Gerindra, between a number of candidates. Gerindra has turned this internal conflict into a conflict between the commnity in general  which has paralysed all development activities there.

Indonesian forces maintain widespread military assault on villagers in Paniai, West Papua

By Nick Chesterfield and local sources at Westpapuamedia.info

Special report and update

January 14 2012

Local human rights monitors report from the remote Paniai district of West Papua that Indonesian security forces continue to maintain a “disproportionate” military offensive since early January, intensifying the displacement of tens of thousands of villagers who fled from several weeks of village burnings in December.

Indonesia’s Australian trained Detachment 88 counterterrorism troops and Brimob paramilitary police together with Indonesian army battalions, are continuing to conduct search, capture and cordon missions on the villages in the hunt for the forces of a National Liberation Army (Tentara Pembebsan Nasional or TPN) commander Jhon Yogi.

This is despite Indonesian President Susilo Bambang Yudhoyhono ordering the immediate suspension of the offensive and withdrawal of all non-organic security forces from Paniai, when meeting with West Papuan church leaders on December 12 at his residence in Bogor, West Java.  No firm date for withdrawal was given.

Papua Police spokesman Wachyono, told the Jakarta Globe that 481 Brimob and Densus 88 members deployed in Papua from Jakarta, East Kalimantan and North Sulawesi would leave Papua by January 23.  However West Papua Media understands from sources on the ground that these troops will significantly escalate the pace of attacks on civilians in the lead up to the departure.  Local human rights sources have further questioned the ability of independent monitoring of this withdrawal when the Indonesian government is continuing to enforce an access ban on media to the area.

Yogi’s forces have consistently avoided capture since the offensive began, despite sustaining significant casualties.  This continued escape and evasion has raised pertinent questions from observers on the real aims of the Indonesian security force offensive, in an area that has extensive gold deposits and a brutal history of land use conflict triggered by a lucrative “legal” and illegal gold trade.  Several foreign gold mining companies continue to operate in the area during the offensive, and Brimob police and assets, that have been contracted to provide mine security to these companies, are continuing to be utilised in the ongoing offensive.

The systemic excessive force by Brimob and Indonesian security forces working for foreign mining interests are again under the spotlight across Indonesia after Brimob troops were recently caught on video uploaded to Youtube opening fire on a protest on behalf of another Australian gold mining company Arc Exploration in Bima, Sumbawa.  At least 3 protestors were killed and 11 seriously wounded as local residents held a non-violent protest against the destruction of their village lands by the gold mine.

Credible information during the Paniai offensive has been incredibly difficult to verify due to the continuing Indonesian government ban on all journalists and foreign observers from coming to the area.  Indonesian journalists covering have not been able to access the district either, despite article claiming that they have been present.  However, stringers for West Papua Media, human rights monitors from Elsham, church officials, and witnesses have been able to get close to the area to report on the situation, which by all accounts in worsening for civilians.  Indonesian security forces however are continuing to block any independent access to the immediate conflict area around the former TPN headquarters of Markas Eduda to verify or rule out human rights abuses, and most reports are still coming from interviews with refugees who have fled from the fighting.

West Papua Media has repeatedly attempted to contact spokespeople for the Indonesian police operating in Paniai, however no replies have been forthcoming.

Church* and Human rights sources have claimed that security forces are continuing to indiscriminately target civilians in the campaign, and have embarked on a policy of village and church burnings. According to detailed reports provided to West Papua Media by investigators, Brimob and D88 troops have burnt down 29 churches, 13 primary schools and 2 junior schools, and 13 villages have been destroyed over the New Year period.  The razed villages are spread out across the south and west of Wegamo, and in Ekadide areas.

Local witnesses interviewed by human rights observers have reported that civilian helicopters have again been used in the intensified security offensive, with allegations that two helicopters belonging to mining companies operating in the area have been again used by troops to continue to strafe villages, drop live and gas grenades and ferry troops into the fighting areas.   Multiple witnesses confirmed that one of the helicopters was a civilian Squirrel AS355 previously implicated in attacks, and identified formally with a helicopter identification sheet provided to West Papua Media stringers and human rights workers.

On December 21, West Papua Media published allegations that an Australian mining Company was supplying helicopter support to the security operations, having contracted Brimob paramilitary police to be used as mine security.  Incredibly, the management of West Wits Mining and Paniai Gold continue to refuse to make comment or denials on the explosive allegations.

According to the report received, around dawn (0600) on the morning of January 1, 2012, A civilian Squirrel (pictured)

The AS355 Squirrel helicopter used by Brimob on December 13, and allegedly used over the New Year Paniai offensive (File: West Papua Media)

helicopter conducted what the report describes as “surgery” (surgical military strikes) on Wege mountain, and was used to ferry troops between White Sands and the now-occupied former TPN headquarters of Markas Eduda.  Villagers in the White Sands area have been forcibly evacuated by Brimob troops and are still unable to return.

Hana Degei (37), Jemi Gobai (26), Oktolince Degei (20), Menase Kayame (41), Mabipai Gobai (18), Silpa Kayame (32) all from Dagouto, and Peter Kudiai, a 14 year old school student from Badauwo were all confirmed killed by Brimob and D88 troops in the New Year offensive, adding to the toll of those killed during December’s operations.

In the report, church sources stress that full extent of deaths from the Paniai offensive is still being shrouded by deliberate obfuscation and cover-up from Indonesian security forces.  “The full death toll from the armed clashes between Brimob and the TPN we do not know, because our religious and community leaders have been refused access to the Eduda conflict area,” the report states.  “Thus, we also have not been able to collect (exhaustive casualty) data which is accompanied by clear facts.  Perhaps Brimob forces and TPN knows how many are wounded and dead due to gunshot wounds, (but) all the information is still closed to the public,” the report claimed.

Local sources have also expressed concern for the longer term humanitarian situation across Paniai when and if the offensive finishes, due to the deliberate village burnings.  According to both church sources, Brimob and D88 deliberately destroyed and burnt food gardens across the offensive area, and burned down fences designed to keep livestock out.  Surviving cattle have been moving freely and have eaten whatever food plants have survived the destruction, stoking fears of starvation for already stressed and displaced local villagers

Together with villages forcibly evacuated as reported in December, over 150 villages are now vacant, displacing at least 9000 civilians.

Indonesian officials have blatantly misrepresented the scale of displacement, claiming that only 1715 were displaced and all those “temporarily evacuated” were being supported at a military controlled “care centre”.  This number is failing to take into account those who are in grave fear of the security forces running the “care centre”, and those who are staying with extended families and/or tribal networks.  So far the 1715 have not been able to return to their villages, and their conditions at the “care centres” are deteriorating from already grave conditions, according to local observers.

An Indonesian health worker who has been in Enaratoli during the offensive, and who declined to be identified publicly after contacting West Papua Media privately via SMS, described the situation as extremely tense and a human disaster.  He also expressed concern, from his observations and conversations with displaced locals, that there seems to be a wider plan from Indonesian security forces for the long-term.

“Everyone here knows that Brimob are in the gold trade across Paniai, doing business for and with both orang bule {white man} and Javanese, and now they are clearing people whose villages are on top of the gold diggings” the health worker told West Papua Media – in English – in an SMS exchange.  “This human disaster is happening, and we are part of it, but who has ordered it?   Is it just the police looking for golden scrapings, or is someone richer telling them to do it?”

West Papua Media has not been able to fully verify the authenticity of this source’s claimed identity, given the security risks of identifying them publicly speaking out.

The Paniai region has had a long and brutal history of land use conflicts between the Indonesian colonists and local people, mainly stemming from the illegal gold trade.

The church human rights investigations have also reported that all normal community activities in the conflict are have ceased, with those churches and schools not yet burnt by Indonesian security forces closed indefinitely, and local employment has also ceased – further exacerbating the humanitarian disaster in Paniai.

*Due to the danger faced by local church officials from Indonesian security forces in reporting these facts, West Papua Media has made a difficult decision to not identify either the church sources, nor their denomination.

West Papua Media

West Papua- December 1 2011 – Breaking the Media Blackout

50 years ago on the 1st of December 1961, West Papuans flew their flag for the first time in preparation for their independence from the Dutch.

In 2011, despite ongoing repression, the Morning Star flag was once again flown across the country. The non-violent demonstrations and gatherings, as well as the military crackdown against them, were reported to the world via a network of citizen media journalists, breaking through the media blackout of West Papua.

This short wrap-up shows how the West Papuan people would not let outrageous threats of Indonesian state violence suppress their desire to declare their independence.

[vimeo http://vimeo.com/34163958]

Australia Involved in Military Operations in Paniai, West Papua

EXCLUSIVE REPORT FROM WEST PAPUA MEDIA

21 December 2011

Alex Rayfield

Human Rights Defenders in West Papua accuse the Australian Government and an Australian-owned mining company, Paniai Gold, of being involved in ongoing military operations in Paniai, West Papua.

Mr Ferry Marisan alleges that the Australian-trained Indonesian counter-terrorism unit Detachment 88 (also known as Densus 88 or D88), is involved in ongoing military operations in Paniai.   According to Marisan, the Director of Elsham Papua, the Institute for the Study and Advocacy of Human Rights in West Papua, the  joint police and military D88 have been embedded in the Second “Coconut” (Kelapa Dua) paramilitary Police Force (Brimob) sent from West Java for military operations against suspected members of the West Papua Liberation Army (or TPN), based at Eduda, Paniai.

According to Mr Yones Douw, a human rights defender based in Paniai, D88 are currently being deployed against members of the TPN in a jungle warfare operation. John Yogi – the Paniai based commander of the TPN – and his men, believed to number a few dozen, fled into the jungle following an attack on his base in Eduda by the Indonesian military and police between the 12-15 December.

Marisan says that in total 30 people have died during the latest round of violence in Paniai Seventeen people were shot dead during the military operations in Eduda.  Only ten of these victims were members of the TPN, according to Marisan.   Between the 9th and 14th of December a further three people died, all from exposure related sickness.  Amongst the dead were two children aged two and four. Prior to the military operations Brimob also shot dead eight Papuans. Yogi’s men responded by killing two Brimob soldiers, an event that triggered the recent military operations.

In addition Elsham Papua reports that the following six villages were burnt to the ground: Toko, Badawo, Dogouto, Obayoweta, Dey, and Wamanik. As a result of the violence Marisan says that up to 20,000 people have fled their homes. ”They are living in government care centres, or staying with family and friends.  Many have also fled to the forest” says Marisan.

SBS Radio reported that a spokesperson from the Department of Foreign Affairs and Trade says that the “Australian Government does not train or fund Indonesia’s security forces to counter separatism.”

Irrespective of the training that both the Australian and U.S government’s say they provide to D88 , both Douw and Marisan claim that group is being used in military operations against so-called separatists.  “Many of the victims in these operations” says Marisan, “are not members of the TPN, they are ordinary Papuan villagers who are supposed to be protected by the state”. D88 was also allegedly involved in the killing of six Papuans at the conclusion of the Third Papuan Congress on October 19.

D88 is not the only link between Australia and the recent wave of violence.

According to both Douw and Marisan, helicopters used at the Derewo River Gold (DRG) project were utilised by the Military and Police in these latest military operations. DRG is operated by Paniai Gold, a fully owned subsidiary of Melbourne based gold mining company West Wits Mining. A local source, requesting anonymity, told West Papua Media that the helicopters are those used by the mining company. “They are white with blue and red markings” the sources said. “They are defiantly mining company helicopters.”

The person responsible for Paniai Gold’s operations is Mr Vincent Savage, a Non-Executive Director of West Wits. According to publicly available company documents “Mr Savage has been intimately involved in all governmental and regulatory issues involving the Derewo River Gold Project as well as working closely with the Company’s local Indonesian partners.”

These same documents state that “security [for the DRG Project] will be provided by the local Paniai police and Brimob (Indonesian paramilitary police) under the supervision of a Company Security Officer”.

West Papua Media attempted to contact Mr Savage for comment, but he was not available.

The 2011 November-December military operations are not the first military operations in the area. Paniai was the scene of widespread military operations between 1963-1969, 1977-1978, and again in 1981-1982. During this period U.S. supplied Bronco aircraft were used to bomb villages while helicopters strafed Papuans with machine gun fire.

“People don’t forget these things easily” says Douw.

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