Tag: Indonesian State Violence

Deal with the rectification of history first, says Indonesia

*“Deal with the rectification of history first”*Bintang Papua, 3 October 2011

JAYAPURA – The claim made by the Committee for the Third Papuan People’s Congress (scheduled for 16–19 October) that they already have the support of the government has received a pessimistic response from a member of the DPRP, the Papuan Provincial parliament, Dr. Johanes Sumarto. He said that the Papuan parliament is urging the Third Papuan People’s Congress Committee to deal first with the unfinished agenda of the Second Papuan Congress, then talk about the issue of a third congress. He said that as one point on the agenda remained unfinished, that is to say, the rectification of history had not yet been successfully dealt with, it was not the time to start dealing with more agenda items. Because of this, said Johanes, pushing ahead with the Third Papuan People’s Congress before outstanding agendas had been dealt with was a waste of time, funds and energy. “The [agenda of the] Second Papua Congress has not been finished and now they want to have a third – this is a waste of energy, money and so on,” said the representative of the Gerindra Party when contacted by Bintang Papua at his office at the Papuan local parliament in Jayapura on Monday (3/10).

According to Johanes, once the agenda of the Second Congress is finished, this should be reported to the government and along with the plan for the Third Congress. “This in no way diminishes the will to hold a Third Papuan People’s Congress. I value their desire to have this congress. But this is a question of efficiency of the activity,” he added.

The problem according to him was that the Second Congress received the blessing and financial support of the central government via former President Gus Dur [Abdurrahman Wahid), to the tune of one billion rupiah, whereas this Third Congress had not yet been approved by the government. “The central government hasn’t approved it yet, but neither have they opposed it,” he said.

As reported in this newspaper yesterday… [repeats article of 2 October 2011].

Translated by TAPOL

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Committee claims that Third Papua Congress has Jakarta’s support

To be held 16–19 October
Bintang Papua, 2 October 2011JAYAPURA – Despite failing to meet directly with President Susilo Bambang Yudhoyono (SBY), Team 7 of the Third Papuan People’s Congress, lead by Selfius Bobii stated that they had received a positive response from the central government. On Saturday 1 October, at a press conference held on his return from Jakarta, Selfius Bobii said “I and the Jakarta team have met with the Deputy Head of the Internal politics section, Judy Harianto of the Ministry for Politics, Law and Security,” accompanied by the entire Third Papua Congress committee. Following the two meetings held with the Ministry of Politics, Law and Security, according to Bobi, the central government has responded well to the planned agenda for the Third Congress. “If the president is free then he will open the conference, otherwise he will be represented by a minister,” he explained. During this opportunity in Jakarta, invitations were given to the Ministry for Politics, Law and Security and to the Secretary of State, for the President. “They (the central government) will be present as the keynote speaker,” he explained.

It was added that the congress organisers, who at this point have not yet confirmed the venue, have also invited all foreign embassies. In reference to support requested from Papua’s provincial government, according to Bobii there was none as yet. “We went to the DPRP several times, but the situation has been like this for ages… so we just let it be,” he explained disappointedly.

The Third Papua Congress will begin with a blessing on Sunday 16 October 2011. It will then be formally opened on Monday (17/10). He said that the Third Papua Congress is part of the democracy process in Indonesia and is supported by international law and national Indonesian law. The Third Papuan People’s Congress is also aimed at the fulfilment of human rights. In the matter of law and human rights, the state and government hold the status of protectors, said Selfius Bobii on Sunday 1 October at the press conference. Bobii said “As a democracy festival for the Papuan people at the highest level, the momentum of the Third Papuan People’s Congress on 16–19 October 2011 will be attended by representatives of the Papuan people from both outside and inside Papua, in an attempt to provide leadership for their aspirations in a dignified and democratic fashion, using democratic mechanisms which are supported by international law and the state constitution of the Republic of Indonesia.”

Bobii went on to say: ‘Invitations to all foreign countries and embassies have already been sent, and the majority have already responded that they will be present at the Third Papuan People’s Congress. There are those who have not yet responded, but of those internal invitees, 99% have already responded, leaving only 1% of our friends who don’t yet understand the right to struggle,” he said. When asked about the problem of TPN/OPM who do not agree with the agenda, Bobii firmly stated “We are well aware of each group’s position and we’re not going to try to interfere, but we respect and support each other in accordance with our respective roles. The Third Congress is a consolidation of the Papuan people, both in the towns and outside the country. Since 1965 the struggle came from the towns to the forest, then between 1991–1998 the struggle returned from the forest to the town, and now the struggle is already in the towns, do we want to go back to the forest again? Because of this we speak of our self-awareness and the roles of each group. If it’s the civilian wing…? Then the civilian wing has to know their role. Likewise if it’s the diplomatic wing, he should know what his job is…! So I am emphasising self-awareness and for each to carry out their role. We have already told our elders who previously did not agree that this is no longer the time for weapons and violence, it’s different now,” Bobii said firmly, continuing: “The struggle today is a peaceful struggle, in accordance with the decision of the Second Papuan People’s Congress; the peaceful struggle must be defended, because the peaceful struggle is sacred” he remarked. “We hope that in this struggle, nobody will be dishonoured,” he added.

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AHRC: Manokwari Court acquits four Papuan students but sentences one more student with rebellion

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME
Urgent Appeal Update: AHRC-UAU-046-2011

4 October 2011

[RE: AHRC-UAU-041-2011: INDONESIA: Manokwari court sentences two Papuan activists in flawed trial]
———————————————————————
INDONESIA: Manokwari Court acquits four Papuan students but sentences one more student with rebellion

ISSUES: Freedom of expression, Indigenous Peoples, Independence of Judges and Lawyers
———————————————————————

Dear friends,

The Asian Human Rights Commission (AHRC) has received updated information from the Institute for Research, Recognition and Development of Legal Aid (LP3BH) in West Papua regarding the sentencing of another Papuan student and the acquittal of four others in relation to their involvement in a peaceful protest on 14 December 2010. While the AHRC welcomes the acquittal of four of the seven victims brought before court the sentencing of the other three presents a violation of their right to freedom of expression. Concerns over the imprisonment of Mr. Bleskadit and the application of the rebellion charge against peaceful protesters in other cases in West Papua remain.

UPDATED INFORMATION:

In the urgent appeal on 23 June 2011 (AHRC-UAC-117-2011), the AHRC raised concerns about the rebellion charges against seven people, for organizing and participating in a peaceful protest and the raising of a West Papuan flag that symbolizes self determination. At the correctional facility, they were ill-treated and denied medical care for weeks resulting in serious health conditions. (photo: Melki Bleskadit in court, source:LP3BH)

On 18 August 2011, the Manokwari district court sentenced Melki Bleskadit (also known as Melkianus Bleskadit) to two years imprisonment. On 23 August 2011, Mr. Yenu was sentenced to seven months and 16 days imprisonment. The AHRC learned that the verdicts were declared based on a flawed process and issued an update AHRC-UAU-041-2011.

On 27 September 2011, the judges panel acquitted four of the five other Papuan students. According to the Manokwari court’s decision No: 84/Pid.B/2011/PN.Mkw, Mr Alex Duwiri and Mr John Wilson Wader were not guilty of acts of rebellion under article 106 jo, (in conjunction with) Article 55 and 56 of the criminal code. The Courts decision No. : 85/Pid.B/2011/PN.Mkw under the same charges declared Mr Panehas Serongon alias Panehas Sarongon and Mr Yance Sekenyap as not guilty. However, according to the latter decision, Mr Jhon Raweyai alias Joni was proven guilty for participating in the rebellion crime, and was sentenced to 9 (nine) months and 17 (seventeen) days imprisonment, most of which has by now already been served during pretrial detention.

The AHRC is of the opinion that the conduct of any peaceful protest is protected by the Indonesian Constitution and international human rights law applicable to Indonesia. Laying criminal charges against the protesters based on the content of the opinion shared violates the victim’s right to freedom of expression in this case. The relevant articles in the Indonesian Criminal Code that originates from the Dutch colonial period have to be reviewed and their further application halted. The AHRC has noted that several steps taken by the authorities have in the recent past aggravated tensions including the stigmatization many indigenous Papuans including activists as rebels. Many are charged and sentenced in flawed processes that lack impartiality and professional standards of judicial conduct, such as in the case of Mr. Bleskadit and Mr. Yenu. The perpetrators of such rights violations are rarely held accountable, which prolongs the use of the courts for political interests. In the cases of Mr Bleskadit and Mr. Yenu, no information regarding accountability actions against the perpetrators are known.

The court held four of the victims not guilty after they had spent approximately nine months in prison without proper access to medical care. Indonesian law entitles the victims to compensation for the deprivation of their liberty during detention and the health conditions they had to endure.

The AHRC has received reports from further sources that the security institutions in Manokwari and West Papua had earlier planned to undertake systematic efforts during 1-14 December 2011 to intentionally create a situation that would allow for the arrest of and criminal charges against protesters. According to the reports received this operation was planned to justify the ongoing stigmatization of indigenous Papuans with the view to scale up security operations. The AHRC urges an immediate investigation into these serious allegations to avoid repetition.

SUGGESTED ACTION:
Please write letters to the authorities listed below asking them to intervene in the case immediately to ensure that all allegations of institutional misconduct leading to wrongful deprivation of the victims liberty is investigated, that the victims are compensated and Mr. Bleskadit is released from his political imprisonment. All legal process must to be conducted in accordance with international norms.

Please be informed that the AHRC is sending letters on this case to to the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, the Special Rapporteur on the rights of indigenous people, and the Special Rapporteur on the independence of judges and lawyers.

To support this appeal, please click here:

SAMPLE LETTER:

Dear ___________,

INDONESIA: Manokwari Court acquits four Papuan students but sentences one more student with rebellion

Name of victim: Jhon Raweyai, Penehas Serongan, Yance Sekeyab, Alex Duwiri, John Wilson Wader, Melki Bleskadit and Daniel Yenu
Names of alleged perpetrators: Police members, including guards of detention cell of Manokwari district police who arrested, detained and examined the victims, the prosecutor who examined this case
Date of incident: December 2010-September 2011
Place of incident: Manokwari, West Papua, Indonesia

I am writing to voice my deep concern regarding the conviction and sentencing of Jhon Raweyai at the Manokwari district court on 27 September 2011 and the ongoing imprisonment of Mr. Bleskadit for their involvement in a peaceful protest on 14 December 2010.

I know that on 14 December 2010, seven people were charged with rebellion after they had conducted a peaceful protest following a flag raising event. At the correctional facility, they were ill-treated and denied medical care for weeks resulting in serious health conditions.

Furthermore, I know that the Manokwari district court issued the verdict that two of the victims, Melki Bleskadit (also known as Melkianus Bleskadit) and Daniel Yenu, were guilty of acts of rebellion. On 18 August 2011, the verdict against Mr. Bleskadit was declared and he was sentenced to two years imprisonment. On 23 August 2011, Mr. Yenu was convicted to seven months and 16 days imprisonment. I am also aware that the verdicts were declared based on flawed process. Meanwhile, the other accused are still undergoing the trial process.

I was informed that on 27 September 2011, the judges panel acquitted four of the five other Papuan students. According to the Manokwari court’s decision No: 84/Pid.B/2011/PN.Mkw, Mr Alex Duwiri and Mr John Wilson Wader were not guilty of acts of rebellion under article 106 jo, (in conjunction with) Article 55 and 56 of the criminal code. The Courts decision No. : 85/Pid.B/2011/PN.Mkw under the same charges declared Mr Panehas Serongon als. Panehas Sarongon and Mr Yance Sekenyap as not guilty. However, according to the latter decision, Mr Jhon Raweyai als. Joni was proven guilty for participating in the rebellion crime, and was sentenced to 9 (nine) months and 17 (seventeen) days imprisonment, most of which has by now already been served during detention.

I am aware that the conduct of any peaceful protest is protected by the Indonesian Constitution and international human rights law applicable to Indonesia. Laying criminal charges against the protesters based on the content of the opinion shared by them violates the victim’s right to freedom of expression in this case. The relevant articles in the Indonesian Criminal Code that originated from the Dutch colonial period have to be reviewed and their further application halted. I am also aware that several steps taken by the authorities have in the recent past aggravated tensions including the stigmatization many indigenous Papuans including activists as rebels. Many are charged and sentenced in flawed processes that lack impartiality and professional standards of judicial conduct, such as in the case of Mr. Bleskadit and Mr. Yenu. The perpetrators of such rights violations are hardly held accountable, which prolongs the instrumentalisation of courts for political interests. In the cases of Mr Bleskadit and Mr. Yenu, no information regarding accountability processes against the perpetrators are known.

I am also concerned that the court held four of the victims as not guilty after they had spent approximately nine months in prison without proper access to medical care. Indonesian law entitles the victims to a compensation for the deprivation of their liberty during detention and the health conditions they had to endure.

I was shocked to hear about further reports that alleged that security operation were planned by some authorities in order to artificially create conditions that would allow the police to charge activists in various places of West Papua as rebels in order to maintain stigmatization and with the view to scale up security operations. Since many of the steps taken by authorities in recent years seem to aggravate the conflict in West Papua, I am very concerned about the approach of Indonesian institutions in West Papua.

Yours sincerely,

—————-
PLEASE SEND YOUR LETTERS TO:

1. Mr. Susilo Bambang Yudhoyono
The President of Indonesia
Jl. Veteran No. 16
Jakarta Pusat
INDONESIA
Tel: +62 21 3863777 / 3503088
Fax: +62 21 3442223

2. Head of Indonesian Police
Markas Besar Kepolisian Indonesia
Jl. Trunojoyo No. 3
Kebayoran Baru
South Jakarta 12110
INDONESIA
Tel.: +62 21 3848537 / 7260306 / 7218010
Fax: +62 21 7220669
Email: info@polri.go.id

3. The Minister of Law and Human Rights of the Republic of Indonesia
Jl. H.R. Rasuna Said Kav. 6-7
Kuningan, Jakarta 12940
INDONESIA
Tel: +62 21 5253006, 5253889, 5264280
Fax: +62 21 5253095

4. Mr. Basrief Arief
The Attorney General of Indonesia
Jl. Sultan Hasanudin No. 1
Kebayoran Baru, Jakarta 12160
INDONESIA
Tel.: +62 21 7221337, 7397602.
Fax: + 62 21 7250213

5. Head of Papua Regional Police
Jl. Dr. Sam Ratulangi No. 8
Jayapura
INDONESIA
Tel.: + 62 967 531834

6. Head of Division of Profession and Security of Papua Regional Police
Jl. Dr. Sam Ratulangi No. 8
Jayapura
INDONESIA
Tel.: + 62 967 531834

7. Head of National Commission on Human Rights of Indonesia
Jalan Latuharhary No.4-B,
Jakarta 10310
INDONESIA
Tel.: +62 21 392 5227-30
Fax: +62 21 392 5227
E-mail: info@komnas.go.id

8. Chairman of the National Police Commission (Kompolnas)
Jl. Tirtayasa VII No. 20 Komplek PTIK Jakarta Selatan
INDONESIA
Tel: +62 21 739 2352
Fax: +62 21 739 2317

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)

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Indonesia: Recent outbursts of violence underscore dire need for a rights-based approach to conflict resolution in Papua

http://www.fidh.org/Recent-outbursts-of-violence

Indonesia: Recent outbursts of violence underscore dire need for a rights-based approach to conflict resolution in Papua

 

Paris-Jakarta-Bangkok, 21 September 2011. The recent spike in violent incidents in Papua in July and August underscore the urgent need for Jakarta to re-assess its military approach to solve the situation of unrest in the region and to place the respect for human rights at the heart of conflict resolution policies and practices, said the Asian Forum for Human Rights and Development (FORUM-ASIA), the Commission for the Disappeared and Victims of Violence (KontraS), the Indonesian Human Rights Monitor (Imparsial) and the International Federation for Human Rights (FIDH) today.

 

Kontras recorded at least ten violent clashes between 5 July to 3 August, 2011[1], involving members of the state security forces and local armed groups. Civilians were injured and killed in some of these clashes. Thirteen Papuans were arrested by the police on 31 August in Kampung Nafri, Abepura, for allegedly causing unrest during a religious ceremony. There were also allegations that these 13 individuals were involved in a shooting incident on 3 August, in which three civilians and one TNI soldier were killed. However, local rights groups pointed out that the police made the arrests without properly investigating and substantiating these allegations. These detainees were reportedly tortured while in police custody.

“Freedoms of expression, association and assembly are routinely violated in Papua, which seriously fuels tensions. Besides, gross human rights abuses, such as acts of torture, remain unaccounted for.” said Poengky Indarti, Executive Director of Imparsial.

“While the use of violence to achieve political and other goals is unacceptable, the heavy military presence and the military-centered approach by Jakarta to Papua’s demand for autonomy serve to sideline human rights and do not provide a viable and peaceful solution to the conflict,” said Souhayr Belhassen, FIDH President.

Another element of Jakarta’s security-centered approach is the strict restriction to access to Papua. As a result, peaceful activities of civil society groups and human rights actors operating in Papua are known to be under extensive surveillance by the Indonesian military. This form of intimidation goes against the United Nations Declaration on the Right and Responsibility of Individuals, Groups or Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, and oversteps the lawful limit of intelligence gathering. Internal documents of the Indonesian military recently obtained and publicized by the media revealed both the extent of this kind of surveillance and the military authorities’ mistrust towards peaceful civil society and human rights activities, which they perceive as a threat to national security.

“Monitoring human rights work is seen by the military as threatening to national security and this bodess ill for the safety of human rights defenders and other peaceful activists in Papua, as they could bear the brunt of harassment and physical intimidation by state security forces under the pretext of fighting separatism,” said Yap Swee Seng, Executive Director of FORUM-ASIA.

Some of the activists and individuals named in the leaked military documents have already faced arrest, detention, and intimidation, such as independence activists Filep Karma and Buchtar Tabuni, who were both arrested and convicted for their role in organizing peaceful demonstrations during which the Morning Star flag, a banned symbol, was raised.

A recent report released by Imparsial estimates that there are more than 14,000 military personnel deployed to Papua. The report identifies the key features of such a military-centered approach by the central government, including the continuous military operations in Papua without adequate parliamentary oversight, deployment of a large number of non-organic troops to Papua, and the addition of new territorial command structure in the region.

In sum, accountability for human rights abuses perpetrated by state security forces is still lacking in Papua. In addition, in the few rare cases in which perpetrators were brought to court, they were either acquitted or convicted on lesser charges that do not reflect the gravity of their crimes, such as acts of torture.

The four organizations call on the Indonesian government to:

  • Instruct its military to immediately cease all unlawful surveillance activities in Papua and revise its current draft intelligence bill by incorporating recommendations by civil society and bringing it into line with the Indonesian Constitution and Criminal Procedure Code, as well as international human rights law;
  • Take steps to reduce the heavy presence of non-organic military personnel and their involvement in civil administration in Papua and seriously implement security sector reform;
  • Fully and credibly investigate all past and new allegations of human rights abuses, especially those perpetrated by state security forces, and promptly bring perpetrators to justice;
  • Strengthen civilian oversight and rigorous parliamentary scrutiny of military policies, operations and budget; and
  • Respect the role of human rights defenders and ensure unfettered access to Papua by civil society groups and actors, including foreign and domestic journalists and independent human rights monitors.

[1] The documented violent incidents occurred in Kampong Kalome, Tingginambut district, Puncak Jaya (5 July and 12 July); Mulia, Puncak Jaya (13 July and 21 July); Timika, Mimika (30 July); Illga district, Puncak (30-31 July); Kampung Nafri, Abepura (1 August and 3 August); and Mulia, Puncak Jaya/Wamena (3 August). See documentation by KontraS: http://www.kontras.org/index.php?hal=siaran_pers&id=1339.

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Alleged OPM members may be charged with Nafri and Skyland incidents

(West Papua Media Note:  despite reams of evidence available to the contrary that indicated clearly that the Nafri attacks were the work of “unknown persons”, Indonesian police are still refusing to investigate the connections with Indonesian military operations.  The only credible way these trials can proceed is with the presence of international legal observers.  )
See the following Related articles:

Bintang Papua, 19 September 2011

Jayapura: Two Papuans who are allegedly mmbers of TPN/OPM and who are
facing charges in connection with the burning of a taxi and shootings
that occurred in Kampung Nafri as well as at Skyland and were arrested
on 31 August, are now at the stage of processing by the police force in
Jayapura. In order to obtain more documentation about the case, the
police have questioned two further witnesses. The results of these
investigations cannot yet been reveal.

The public relations officer of the police said that other witnesses
were likely to be summoned which may hopefully speed up the handling of
the case. These witnesses were being summoned as they may have seen
people who fled when a group of armed criminals opened fire on local people.

He said that one of the accused has been identified as PK who is alleged
to have been involved in the killing of the driver of the taxi that was
burnt and the other accused, EK was only allegedly involved in the
burning and killing of the taxi driver in Skyland.

‘It is hoped that the questioning of the witnesses will lead to the
identification of other suspects.,’ the official said.

The police say that they intend to continue their investigations and
hunt down other possible perpetrators in the case of the shootings in
Kampung Nafri.

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