Tag: Indonesian State Violence

AHRC: INDONESIA: Torture Report – A heinous act which is not seriously addressed


AHRC-FST-042-2011
July 14, 2011

Report on the practice of torture in Indonesia for the International Day of Support for Victims of Torture from the Commission for the Disappeared and Victims of Violence (KontraS) in Indonesia forwarded by the Asian Human Rights Commission

INDONESIA: Torture: A heinous act which is not seriously addressed

Download the full report at http://www.humanrights.asia/countries/indonesia/reports/ngo/KontraSTortureReport2011.pdf

I. Introduction
One of the serious issue of human rights violations—which is one of the nonderogable rights —that recently arised public attention is torture. First, in early October 2010 shortly before his plane left for the Netherlands, President Susilo Bambang Yudhoyono decided to cancel his state visit in the country. The cancellation was due to the filing of the lawsuit to the local court in the Netherlands by the activists of South Moluccas Republic (RMS/Republik Maluku Selatan) who live there. The lawsuit for one reason was based on charges of torture committed by police officers against those accused of being RMS activists. They were charged with treason when they displayed RMS flag as they performed cakalele dance in front of the president and some foreign guests during his visit to the Moluccas in June 2007. Following the cakalele incident the security forces, including special anti-terrorism unit Detachment 88 immediately arrested and detained hundreds of suspected RMS activists and some of them were allegedly become victims of torture.

Second, only a few weeks later in October 2010 a 10-minute visual documentation—circulating through ‘Youtube’—on torture of two Papuans recorded with mobile phone video tool. In the video, the extremely brutal and inhuman action was obviously conducted by people in military uniforms in order to conduct interrogations. With the rapid spread of that torture video, various Indonesian authorities—including President Susilo Bambang Yudhoyono— promptly responded to it and affirmed the practice of torture by military personnel in Tingginambut, Puncak Jaya, Papua. Many actually considered this video as an explicit example of the allegedly patterned practice of torture in Papua. The appeals of concern about the practice of torture also expressed by both foreign governments and international organizations.

This paper tries to examine the extent to which states implement human rights standards in the relevant international instruments of torture as an obligation of Indonesia post ICCPR and CAT ratification within the past year (July 2010 to June 2011). The implementative obligation is to do prevention efforts (through improvement of legislation, judicial system, and administration of state), ensuring the perpetrators brought to justice and provide redress to victims or their families. The contextual torture issues and problems in Indonesia can be seen from various post-priority agenda of meetings and discussions conducted by Indonesia government with relevant international human rights agencies.

So far Indonesia has made two reports to the Committee Against Torture under the Convention Against Torture, the first (initial report) was in July 2001 and the second (periodic report) in 2005. Unfortunately, Indonesia has not made the first report to the Human Rights Committee, the regulatory body for the ICCPR. In addition to reporting under the treaty body mechanism, there are also the follow-up results on torture based on the report
under the charter body mechanism. Under the mechanism of the UN Human Rights Council there are two follow-up agendas: first, the official country visit follow-up of Special Rapporteur on Torture, Manfred Nowak, conducted on 10-23 November 2007; second, the special meeting to discuss the results of Indonesia Universal Periodic Review/UPR in 9 April 2008 during the Fourth Session of the UN Human Rights Council. As follow-up results from various human rights mechanisms mentioned before, there are several similar recommendation agendas expected to be implemented by Indonesia related to the issue of torture, such as:

  • Torture should be made crime and its definition should be in accordance with Article 1 of the Convention against Torture;
  • The lack of this legal rule would lead to the practice of impunity;
  • There shold be an effort to revise the detention system, whether the duration of detention and the effort to test the validity of such detention;
  • In the context of law enforcement, any evidence or testimony that was made due to a practice of torture;
  • Ensure that victims of torture receive redress (reparation).

In conducting an audit over the issue of torture in Indonesia during the past year (July 2010-June 2011), KontraS took up cases of alleged torture which were directly dealt with. Information on alleged cases of torture would be considered a secondary source that could help clarify the picture of torture practices more broadly. In addition the audit report also discusses several policies, including plans for the creation or legislation revisions, which emerged within the past year.

To read the following sections, please download the full report here:

II. The Lack of Normative Provisions Against Torture
III. The Pattern of Torture Cases
IV. Development of New Legislation Draft Related with Torture Issue
V. Conclusions and Recommendations

 

Related articles
3

AHRC: PAPUA – the military ignores agreed settlement with an assault victim

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-121-201112 July 2011

———————————————————————
INDONESIA: The military ignores agreed settlement with an assault victim

ISSUES: Military; indigenous peoples; impunity; threats and intimidation
——————————————————————–

Dear friends,

Two members of 756th Wimaneseli infantry battalion of the Indonesian National Military (TNI) in West Papua assaulted and threatened Yani Meage on 31 May, 2011 in the Kurima district, Yahukimo. After a quarrel between the victim and the TNI members, the soldiers threatened and attacked the victim by beating and kicking him which resulted in several injuries. The victim reported this incident with the support of a local NGO. While the deputy post commander (wadanpos) of the 756th Wimaneseli infantry battalion accepted responsibility for the violence in a statement letter, no further action has been taken against the perpetrators to-date. Impunity for military violence is widespread in West Papua.CASE NARRATIVE:At 2:15pm on 31 May, 2011, at the Kali Yeni area, Kurima district, Yahukimo regency in the Papuan highlands, Ms. Kallek Meage was travelling with her children. She asked her brother, Yani Meage (18) to take them home privately to the Kurima district since she could not afford the local motorbike transport service for them that afternoon. A member of 756th Wimaneseli infantry battalion, who was on duty at the Kurima Military Post and who was also using his motorcycle as a commercial transportation business in the Kurima area, saw this and assumed that Yani Meage was also running a motorcycle transport business and would take his potential customer.

The Indonesian National Military (TNI) member went to the victim on his motorcycle and started to argue with Yani Meage. The TNI member then threatened him and started slapping his face.

The TNI member reported the situation to his squad leader, who was nearby. Then both soldiers attacked Mr. Meage. The squad leader punched the victim’s stomach and struck him on the ears and sides of the body. The victim was unable to escape the assault as the TNI member held him. The squad leader continued to kick and punch the victim which resulted in several injuries.

On the following day, Yani Meage reported his incident to JAPH & HAM a local human rights organisation. One of the staff, Mr. Theo Hesegem was advocating this case and the commander of the 756th Battalion (danyon 756) pressured the human rights worker and intimidated him not to take any action regarding this case.

On 12 June 2011, Parloi Pardede, the deputy post commander of the 756th Wimaneseli infantry battalion, and Mr. Meage met for a dialogue at the Okhumiarek Asso hall at the 1702/Jayawijaya military district staff headquarters. Following the discussion the parties came to an agreement and commander Parloi Pardede together with the victim signed an

agreement, which stated 3 following actions:1. The members of the 756th Wimaneseli infantry battalion must be replaced.
2. The members of the 756th Wimaneseli infantry battalion cannot use their motorcycles as a commercial transportation service.
3. The members of the 756th Wimaneseli infantry battalion who conducted the violence must be punished in accordance with law.

The victim also agreed that he would never ask for compensation if the military executed the agreement. After the dialogue, the NGO representative asked to the 756th Wimaneseli infantry battalion commander to inform all parties, including the elders at the Kurima district about the replacement of the members of 756th Wimaneseli infantry battalion. However, to-date there has been no action regarding the execution of this

agreement. The local military also did not give a clear explanation when local NGOs questioned them regarding this case. There is serious concern that the local military will cover up the event without effective remedies being given to the victim. 

BACKGROUND INDORMATION:While the AHRC welcomes the agreement with the military commander, concerns about an effective execution of the agreement remain. The absence of effective justice mechanisms for victims of military violence often leave them with no other choice but to come into non-judicial agreements with the perpetrators. Since Papua took control of Indonesia the Indonesian government largely uses a military approach by reason of upholding state sovereignty and crushing the separatists. The military approach also affects civil society groups and communities who peacefully refuse the Indonesian control of Papua. The military often generalises by labeling Papuans as rebels in order to justify the violence they perpetrate on them. The AHRC notes that patterns of repression are often used by TNI members in Papua which results in a high level of violence.

SUGGESTED ACTION:
Please write letters to the authorities listed below asking them to intervene in the case immediately to ensure that all perpetrators are brought to a justice process in accordance with international human rightsnorms and receive adequate punishment.Please be informed that the AHRC is also sending letters on this case to the Special Rapporteur on the rights of indigenous people.

SAMPLE LETTER:Dear _____,

INDONESIA: Military did tot take action regarding the settlement of military’s assaultName of the victim: Yani Meage (18)
Alleged perpetrators: The two members of 756th Wimaneseli infantry battalion who conducted the violence against Yani Meage
Date of incident: 31 May 2011
Place of incident: Kali Yeni area, Kurima district, Yahukimo regency, West PapuaI am writing to express my serious concern regarding the execution of the statement letter agreed upon by Parloi Pardede, the deputy post commander of 756th Wimaneseli infantry battalion regarding the settlement of the assault against Yani Meage by members of the TNI.

According to the information that I have received from Asian Human Rights Commission (AHRC), at 2:15 pm on 31 May, 2011, at the Kali Yeni area, Kurima district, Yahukimo regency in the Papuan highlands, Ms. Kallek Meage was travelling with her children. She asked her brother, Yani Meage (18) to take them home privately to the Kurima district since she could not afford the local motorbike transport service for them that afternoon. A member of 756th Wimaneseli infantry battalion, who was on duty at the Kurima Military Post and who was also using his motorcycle as a commercial transportation business in the Kurima area, saw this and assumed that Yani Meage was also running a motorcycle transport business and would take his potential customer

I am also informed that the Indonesian National Military (TNI) member went to the victim on his motorcycle and started to argue with Yani Meage. The TNI member then threatened him and started slapping his face.

I know that the TNI member reported the situation to his squad leader, who was nearby. Then both soldiers attacked Mr. Meage. The squad leader punched the victim’s stomach and struck him on the ears and sides of the body. The victim was unable to escape the assault as the TNI member held him. The squad leader continued to kick and punch the victim which resulted in several injuries.

I also wish to point out that the 756th battalion commander (danyon 756) attempted to pressurise Mr. Theo Hesegem, a staff member of the JAPH & HAM, the local human rights organisation who was advocating this case. The 756th battalion commander later called Mr. Hesegem and intimidated him not to take any action regarding this case.

I have also heard that on 12 June 2011 Parloi Pardede, the deputy post commander (wadanpos) of 756th Wimaneseli infantry battalion, and Mr. Meage met for a dialogue at the Okhumiarek Asso hall at the 1702/Jayawijaya military district staff headquarters. Following the discussion the parties came to an agreement. The deputy post commander together with the victim signed an agreement, which stated 3 following actions:

1. The members of the 756th Wimaneseli infantry battalion must be replaced.
2. The members of the 756th Wimaneseli infantry battalion cannot use their motorcycles as a commercial transportation service.
3. The members of the 756th Wimaneseli infantry battalion who conducted the violence must be punished in accordance with law.

The agreement is available at

http://www.humanrights.asia/news/urgent-appeals/pdf/AHRC-UAC-121-2011-01.pdf.I also realized that the victim also agreed that he would never ask for compensation if the military executed the agreement. After the dialogue, the NGO representative asked to the 756th Wimaneseli infantry battalion commander to inform all parties, including the elders at the Kurima district about the replacement of the members of 756th Wimaneseli infantry battalion. However, to-date there has been no action regarding the execution of this agreement. The local military also did not give a clear explanation when local NGOs questioned them regarding this case. There is serious concern that the local military will cover up the event without effective remedies being given to the victim.

So far, I am not aware of any action conducted regarding the execution of agreement stated in the letter. I urge you to seriously look into the victim’s allegations and take appropriate action against those found responsible. Appropriate action must also be taken against the authorities who–as far as I am aware–have continued to fail in taking intervention for the victim’s plight. We also urge you to give protection and security to Mr. Hesegem, one of the human rights defenders who is advocating this case.

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. Adm. Agus Suhartono
Headquarter
Tentara Nasional Indonesia (TNI)
Jakarta
INDONESIA
Tel: +62 21 8459-1244, 8459-1243
Fax: +62 21 845-6805

3. Mr. Kemal Azis Stamboel
The Chairman of the First Commission of House of Representative of Indonesia
Gedung DPR RI Nusantara II, Lantai 1
Jl. Jenderal Gatot Subroto
Jakarta 10270
INDONESIA
Tel: +62 21 5715518
Fax: +62 21 5715523

4. Ms. Harkristuti Harkrisnowo
General Director of Human Rights
Department of Law and Human Rights Republic of Indonesia
Jl. HR Rasuna Said Kav.6-7 Kuningan, Jakarta 12940
INDONESIA
Tel: +62 21 525 3006, 525 3889, 526 4280
Fax: +62 21 525 3095

5. 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

6. Mr. Erfi Triassunu
Commander of Regional Military Command XVII Cendrawasih
(Kemiliteran Daerah Papua / Kodam Papua)
Jl. Polimak atas Jayapura Provinsi Papua
INDONESIA
Fax: +62 967 533763

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (

ua@ahrc.asia)

Related articles
2

Plea for help from Puncak Jaya against TNI military operations

(FORWARDING ON)
(Please note: By republishing this plea for help, West Papua Media does not necessarily explicitly endorse the call for arms.  We believe the situation would be far better served by allowing international journalists, and UN peacekeepers to be sent into this area to prevent this carnage.  However, in the absence of this, all peoples have the right to self-defence and self-determination, and therefore we cannot oppose the legitimate calls to assist in self-defence).
Report from Piron Moribnak
ARMY’S SOCIALISING PROGRAMME IS BEING USED TO CRUSH TPN/OPM LED BY GOLIAT TABUNI IN PUNCAK JAYA

The doubts of  people living in the central highlands about a socialising programme  launched by the commander of Cenderawasih Military Command/XVII to create harmony which has been under way since 2 May 2011 have been confirmed. The programme is nothing more than a shield which became clear when troops involved in the socialising programme suddenly halted these activities and started to conduct sweepings as part of a military operation.

Since 6 – 8 July, fully armed troops have surrounded the headquarters of the TPN/OPM under the command of General Goliat Tabuni in Tingginambut and a battle has been raging since 5 July during which three TNI soldiers were shot in Kalome, district of Tingginambut, and were flown by helicopter to Jayapura.

The TNI’s programme to build houses for the local people and to give sermons at prayer meetings on Sundays as well as to carry out mass medical treatment for local communities  has failed to win the support of the local communities. They have rejected TNI sermons in the churches, while the offer of medical treatment has failed to persuade the local people to get medical treatment free of charge . On the contrary, the local people have chosen to remain silent and have fled from locations where mass medical treatment is on offer. This is because the Papuan people living in Puncak Jaya regard the military as murderers of the Papuan people and have refused to accept these military programmes.

The army’s socialising programme in Puncak Jaya is nothing but a shield and a cover-up of the violation of human rights at a time when human rights are of paramount importance throughout the world.

The TNI is concealing its plan to crush General Goliat Tabuni by means of military operations so as to enable them to counter our doubts about these socialising activities because we have been disrupted and have taken measures to protect ourselves.

It is an irony that we Papuan people do not possess the means to resist the TNI which has all the necessary equipment whereas Goliat Tabuni has nothing more than a few of weapons, making it very difficult for him to mount a proportionate response . Is there a country anywhere in the world that is willing to supply military weapons to Goliath Tabuni to make it possible for him to make a proportionate response?  … if General Goliat is forced to end his struggle … at the hands of the TNI?   [/Several gaps in this sentence make it difficult to decipher the precise meaning. TAPOL/]

We pray that there is nowhere in the world for their protection and that Almighty God will protect us.

This is our response to the call by the chief of police in Puncak Jaya  via the intermediary of the head of the district of Mulia  for the local people to halt all their activities from 8 July and to remain in their homes from 6pm every evening.

NOTE: General Goliat Tabuni  is now seriously cornered because of his lack of weapons and we call for the prayers of the Papuan people everywhere in the fight against the NKRI military and for strength from the Almighty God.

[Translated by TAPOL]

Related articles
7

Breaking News: Troops seeking arrest of Bpk Terrianus Israel Yoku, WPNA

BREAKING NEWS – URGENT.

westpapuamedia.info

1340 AEST, Tuesday Juy 11, 2011

Information has just been received from credible sources in Serui, West Papua, that Indonesian Army (TNI) soldiers are occupying the village of Mantembu in preparation for the arrest of Reverend Terrianus Israel Yoku, the Chairman of the National Congress of West Papua National Authority.

According to witnesses in Mantembu, 30 armed soldiers from KODIM Serui entered Mantembu at around 9.30am asking the whereabouts of the President of Papua – meaning Chairman of national Kongress WPNA, Terry Yoku.  The witnesses described via SMS that the soldiers are wearing full combat equipment complete with rifles, and ammunition.  People in the village are very scared.

The West Papua National Authority is a key sector within the West Papuan resistance movement, and is styled as a Transitional Government.  It has played a leading role in the mass non-violent resistance movement across Papua.  Together with KNPB, this week it boycotted the Indonesian-sponsored dialogue process of Neles Tebay and LIPI.

Currently, the Indonesian Army are also attempting to capture the head of the TPN-PB armed resistance in Tingginambut, Puncak Jaya.

Mantembu is the area from which the late ex-political prisoner Yawan Wayeni came.  Wayeni’s death was captured on a Youtube video in 2009 after having been bayoneted and disembowelled by Brimob troops in a case that provoked international outrage, although no-one has been held to account for his treatment or death.

Please stay tuned for more information.
Related articles
5

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

Create a website or blog at WordPress.com

Up ↑