KontraS: Arrest and torture of 13 Papuans have worsened the situation in Papua

(West Papua Media Note: this event also subject to a lengthy and detailed investigation by West Papua Media that will be published in coming days) 

Statement by KontraS on 3 September 2011Arrests and torture of ordinary Papuans by the Police and the Army (Polri/TNI) have worsened situation in PapuaKontraS condemns the appalling practices of torture and criminalisation which were perpetrated by the law enforcement agencies against of a number of Papuan people by the police in Papua. Such activities are a serious violation of their human rights which should be avoided at all costs because they are in breach of a number of legal provisions.

Acts of torture and criminalisation were perpetrated on 31 August, during Lebaran, and occurred early in the morning. when a number violent acts also  took place. These activities were perpetrated against a group of Papuans  and occurred as they were being arrested by the police who were acting in violation of the laws in force. The details of what happened are given in the chronology attached to this statement. [Abridged translation only]

These criminal acts were perpetrated without being credibly justifiable in relation to the allegations being made. We fear that this is part and parcel of the practice of stigmatisation of Papuan people which has been developed by the state apparatus, in particular the police and the army,  in their law enforcement activities.

The practice  of torture is inhumane and is moreover in breach of Law 5/1998 regarding the ratification by Indonesia of the  Convention Against Torture . This means that components of law and the security apparatus, in particular the police, are bound by law to  refrain from such practices  and to punish those who perpetrate such acts (see articles 1 and 2). They are also bound by Law 39/1999 on Basic Human Rights, article 33 of which prohibits the use of torture.

With regard to the police, these acts are also in violation of internal police regulation 8/2009 which clearly prohibits the use of torture.

This latest incident  is an indication of the fact that torture and criminalisation have become integral to police practices when they try to obtain statements (that is to say, confessions) from persons who are suspected of committing crimes. In the second place, this behaviour represents a repetition of previous acts of torture that have occurred in Papua. With regard to the army, they are not entitled to be involved in making such arrests. A year ago, we were all stunned when we saw the brief, amateur video  broadcast on Youtube showing members of Brimob and the army engaged in acts of torture against people alleged to be members of the OPM.

Such practices undermine the confidence of ordinary Papuan people in the police. In the past few months, violent practices have been  spreading throughout Papua  such as  the case of 16 people arrested in 2010 and seven people who were arrested in Manokwari. It is necessary to strengthen the confidence between the government, the various pro-independence groups, civil and customary society  and other elements. It is also necessary to strengthen people’s confidence and respect in the implementation of democratic principles such as the law and human rights. The practise of torture will only make it more difficult to comply with the agenda for peaceful dialogue with Papua.

We therefore call on Kompolnas (the police community) and the National Human Rights Commission to investigate these reported incidents of torture  in Papua. And once sufficient evidence has been found, the perpetrators must be made accountable before the law. This is important in order to show that there is no discrimination in law between Papuan civilians  who are vulnerable to actions by law enforement agencies who are treated like heroes  for taking actions against alleged separatists.

This should also be an occasion for the police to improve their behaviour which has been damaged by the continual practice of torture by members of the police force.

We take this opportunity to remind the President that the continuing lack of clarity in the policy of the government towards Papua is a threat to the security and livelihoods of the Papuan people.

3 September 2011:
Kontras National Executive: Haris Azhar, Co-ordinator.
Kampak (?) Dorus Wakum, Chairperson

A chronology attached to the statement provides details of the place and time of the arrests.

The thirteen arrested persons are alleged to have caused unrest during an Idul Fitri ceremony that was being held on the premises of Brimob. They are alleged to have been involved in shootings in Nafri Kampung which resulted in the deaths of three civilians and one member of the TNI.

During an assault, the police fired shots in the direction of  the Wahno Baptist Church and then confiscated traditional equipment such as arrows, machetes and knives as well as some OPM documents.

The thirteen persons are:

Yawanus Kogoya.
Tinus Wenda
Siki Kogoya
Arinus Wenda
Yusman Kogoya
Mis Kogoya
Bodi Kogoya
Wen Wenda
Denias Kogoya
Ekimar Kogoya
Panius Kogoya
Yeskiel Kogoya
One unidentified person

Police, unprovoked, shoot man in Merauke

A silhouette showing a police officer striking...
Image via Wikipedia

by westpapuamedia.info

Information has been provided to West Papua Media that in an unprovoked attack, an Indonesian police officer shot a West Papuan teenager on on August 30  in Merauke, West Papua.

Activists from the West Papua National Committee (KNPB) in Merauke reported that Benedict Umap, 19, was shot outside the KNPB Secretariat office on  Johar Kelurahan Kelapa street at 1530 by Brigadier Jhon Piter Dias of Merauke Police.

According to witnesses, Umap had been walking back to his house, and was approached by Brigadier Dias without just cause.  Dias fired several shots from his rifle without provocation into Benedict Umap’s left leg, resulting in gunshot wounds and a broken leg.  Umap then scrambled with a broken leg to the Regional General Hospital Merauke assisted by family members who witnessed the shooting.

KNPB Merauke has described the situation as highly tense at this arbitrary and casual act of police brutality, with local residents and Papuan people in Merauke fearful of further police violence.

photos from KNPB Merauke

OPM condemns shooting of Papuan in Keerom

Bintang Papua, 22 August 2011The Papuan National Liberation Army, the military wing of the OPM has condemned the shooting dead in Arso 14, district of Keerom of a Papuan named Dasnum Komba which occurred on 17 August. According to the TPN/OPM Komba died after being shot by members of the 330 infantry brigade (Yonif 330) which is based in the area.[See our translation of a report by ELSHAM about the failure of Komba to return home from his garden which we posted yesterday.]

‘We strongly condemn this killing and call on President Susilo Bambang  Yudhoyono to take action to solve the Papuan issue,’ said Lambert Pekikir, general co-ordinator of the TPN/OPM in the area..

He called on the police in the area as well as the military commander of the Cenderawasih Military Command, Major-General Erfi Triassunu to arrest the perpetrator of this crime and deal with the case in accordance with the law. ‘The military commander and the police must take responsibility for this case. He was apparently shot because he was suspected of being a member of an armed unit. ‘The shooting happened while the victim was working in his garden which is not far from Arso 14.’

Suddenly a large group of soldiers arrived at the spot and started asking him questions. Because he could not speak Indonesian very well, they started to beat him. ‘Then the victim was shot, his body was put into a sack and buried nearby. Some people who happened to be nearby saw the incident  but were afraid to do anything because it would have meant confronting a member of the military, so they went to informed Komba’s family.’

‘Since this happened on 17 August, Indonesia’s independence day, it was not reported (in the press). ‘The incident has been covered  up but the fact is that he was shot in the chest. Lambert did not see the incident himself but received a report from some of his subordinates and also heard about it from a local inhabitant. ‘We dont want any more incidents like this. It must stop,’ said Lambert.

He said that the president, SBY, should understand that this is not just a trivial incident, and should realise that Papua has now become a matter of international concern.

Major-General Erfi Triassunu later confirmed that shots were fired by a member of the TNI- the Indonesian army – because they alleged that Komba was preparing to attack his men. He said he was not clear about what happened but claimed that Komba had tried to seize a weapon from his men who were on patrol in the area. According to Triassunu, his men could not possibly have shot someone at random. He said that the TNI has a ‘noble duty’ in Papua  and would not do such things, still less would they do it during Ramadan, the fasting month.

According to Bintang Papua, an autopsy confirmed that there weere fragments of ammunition in Komba’s body but the calibre of the bullets is not known. Witnesses said that Komba had been told  to go home by three soldiers, but just as he turned round, intending to return home, they heard two gunshots. His body was not found until Sunday, two days after the shooting.

Paniai people call for a halt to the deployment of more troops

JUBI, 25 August 2011

Following the armed skirmishes between the Indonesian army and police with a group thought to be the TPN/OPM led by John Magay Yogi, and a number of mysterious shooting incidents, the towns of Enarotali and Madi in Paniai district are full of military personnel who have arrived from outside Paniai.  Although the situation was thought to have improved, the presence of military personnel has spread anxiety among the population.

The reason for the increased deployment of troops to Paniai may be to hunt down some weapons that were seized by unidentified persons from the police station in Komopa, sub-district of Agadide on 16 August.  Or is it because Paniai is regarded as an area of conflict which needs extra action on the security front?

Whatever the reason, the local people along with local government officials long for a peaceful Paniai and call for a halt to the dispatch of more military troops. The local people have called on the local military chief, the military commander of XVII/Cenderawasih military command as well as President Susilo Bambang Yudhoyono to pull back these troops from the area.

A local community leader said: ‘Paniai is calm but many troops and police have been sent here. Is it because there is a war?’

According to Yafeth Y Kayame, head of the Suku Mee people, the additional deployment of many troops to Paniai has undermined the call for peace that was made last Saturday in Enarotali.. Local people have become more frightened than ever.

People are asking ‘Why have they come to Paniai? Enarotali and Paniai are not areas of conflict so the authorities must stop sending troops here.’ They have been arriiving here over the past four days, so who do they want to fight with? Or do they want to kill all of us here?’

The local administration should not keep silent but should take steps to safeguard security for the population. If it is only to re-capture two firearms, then the troops already here would surely be enough, without bringing in more troops, they say.

Many people think that the presence in the area of TPN/OPM forces in Eduda is being used as a justification to bring troops here from Jayapura and Nabire. According to some sources, in addition to infantry brigade 753/Arga Vira Tama Nabire, a Brimob company is also being deployed to Paniai.

Although this has been denied by Major-General Erfi Triassunu, the military commander of XVII/Cenderawasih military command, the fact is that these ‘new’ troops can be seen almost every day driving along the roads in convoys.

Meanwhile, anxiety has continued to spread among the local people and many have left their homes with a new exodus starting on Tuesday.

[Slightly abridged translation by TAPOL]

Arrival of troops spread panic, say church personnel

Jubi, 23 August 2011
The dispatch of troops by air and land via Nabire has caused panic in Paniai, said a nun working for the Catholic Church in Paniai who did not want her name to be made public.   The people from Paniai had just returned home following a firefight between TPN/OPM fighters and the security forces but left their homes again when they saw heavily armed Brimob troops arriving in the town, she said.

A church official said that some of those who had fled after the shooting had not returned home and their present whereabouts were not known.  ‘We think that some of them have fled to far-away kampungs. and dont want to return to the town which is full of heavily armed troops whose presence is very frightening,’ the official said.   They would only come back when the town had been cleared of the troops.   The church official said they were refusing to come back because they knew that the fighting had been a put-up job and they didn’t want to become casualties.

‘They have very good reason to be afraid,’ the official said, ‘because they know that the security forces have arrested a number of school children from the SMP and SMA [lower and upper middle schools] as well as some other young people. These youngsters were interrogated then ordered to do push-ups.   They were only released, after we went to the police station and asked for them to be released.’

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