Tag Archives: Kimanus Wenda

Two Papuan tapols with paralysis are waiting for permission to get treatment

JUBI,
30 March 2012

Two Papuan political prisoners who are being held in Biak Prison say that they are  waiting for permission to go to Jayapura for medical treatment.They are both suffering serious medical conditions.

Jefrai Murib said that he and his colleague Apot Lokobal are waiting for information from their lawyers and from the Department of Law and Human Rights  about their transfer to Jayapura for treatment. One of their lawyers, Lativa Anum Siregar told them they would have to wait until after the case of Forkorus and his colleagues has been completed.

[Note: Forkorus and his four co-defendants were sentenced to three years on 16 March 2012. Their lawyers have just announced that the five men are due to lodge an appeal against the sentence on 2 April. No date has yet been set for when the appeal will be heard which is likely to be weeks ahead. This means that these two suffering  tapols are likely to have to wait for at least several weeks if not months before getting the medical attention which they urgently need. According to another of their lawyers,  Olga Hamadi,  they will appeal against the sentence and call for the release of the five prisoners. They will argue that the court failed to prove that the five men were guilty of makar (treason). – Tapol]

As has previously been reported, lawyers at the Forkorus trial  said that none of the witnesses heard in the trial had given testimony about the alleged role they were said to have played; according to KUHAP, the Criminal Procedural Code Article 110 they should be proven to have been involved in a conspiracy.

Furthermore, 69 items of evidence were mentioned at the Forkorus trial, of which only one was presented during the trial, namely a banner.

Forkorus and his four co-defendants are now serving their sentences in Abepura Prison.TAPOL]

Jefrai Murib, one of the ailing tapols said they will have to wait till after the  Forkorus trial has been completed as well as after another of their colleagues, Kimanus has been treated for another ailment.

Jefrai Murib said the right side of his body is completely paralysed because of a stroke. ‘My right hand is also paralysed. Just going to the toilet is very difficult indeed for me..’

His colleague Apot Lokobal  said that he too is waiting for a permit to get medical treatment in Jayapura. He said that his condition is not as bad as that of his colleague Jefrai who is much more seriously ill. He is suffering from the same condition as Jefrai, with the right of his body paralysed.

The two men were arrested and sentenced for their involvement in an assault on an ammunitions dump of Kodim 1702, Wamena. Another twelve tapols were also tried and sentenced in connection with the same incident.

[Abridged in translation by TAPOL]

Current condition of tapol Kimanus Wenda and funds needed for operation and travel costs

Received from Solidaritas Korban Pelanggaran HAM Papua (Solidarity for Victims of Human Rights in Papua)
[Translated by TAPOL]

Papuan prisoners continue to be subject to discrimination in a number of ways such as the lack of finance, the lack of access to health facilities and racist insults against Papuan people. There are no NGOs, church groups or individuals who are regularly monitoring the situation of Tapols/Napols [this differentiates between political and non-political prisoners in Papua] who are currently in prison in Papua.

Take the example of Filep Karma who was for nine months left unattended in Dok II Hospital in Jayapura, in 2010. Ferdinan Pakage was tortured and sustained permanent injuries in his right eye from a prison official in Abe Prison, Abepura, in 2008. And most recently, Kimanus Wenda who, according to the recommendation of a doctor, needs to have operation for a tumour in the abdomen, but there has been no response from the prison officials in Nabire prison. He was even shackled with handcuffs and kept in an isolation ward in May 2011

The condition of Kimanus Wenda in Nabire Prison is now critical; he has been vomiting because of the tumour. Last Thursday at 12 midnight, he was vomiting and so dizzy that he urged an official to be transferred to hospital but this was refused. [precise meaning of a sentence in the text here is unclear]. Although he had asked to be transferred to Jayapura a number of times as recommended by the doctor, there was no response from the officials at the prison.

In view of the present condition of Kimanus Wenda, the SKPHP had a meeting with the Kanwil (?) and then with the Papua department of law and human rights [Depkum HAM Papua] on 19 September. However, the head of Depkum HAM, Daniel informed his family of a number of conditions:

* A guarantee from the family
* A formal request from the family
* A statement from Nabire Hospital
* Confirmation from the doctor
* A request for police to provide guards.

Solidaritas Korban said that it was prepared to find all these documents and that his family would provide the funds but only for a ticket for Kimanus to make the journey from Nabire to Wamena, meaning that funding for the guards was the responsibility of the state.

On 19 September, Solidaritas Korban had a meeting with Kontras Papua at which the following was agreed:

A division of tasks regarding the documents required.
We would need to raise money for the journey by two persons to Nabire
We would find the money for the stay in hospital, the operation and other requirements after Kimanus was in Jayapura
Information about these decisions would remain confidential.

Once the money for the tickets was available, Solidaritas Korban would:

Lobby the doctor.
Issue a press release
Seek contributions from the general public out in the streets
Lobby for funds to cover the costs of the hospital stay, the operation, the tickets to Nabire and so on.

The amount of money required is as follows:

Rp 1,347,000 x 2 for a total of Rp 2,694,000 for one-way tickets.
Airport tax and local transport, Rp 1,000,000
Solidaritas Korban transport costs incurred to handle arrangements for Kimanus
The total amount of money needed: is Rp 4,694,000

Jayapura, 19 September 2011
Solidaritas Korban Pelanggaran HAM Papua

AI: Indon authorities refuse Papuan political prisoner Kimanus Wenda medical care

Amnesty International
INDONESIA: AUTHORITIES REFUSE PRISONER MEDICAL CARE

UA: 251/11 Index: ASA 21/025/2011 Indonesia Date: 19 August 2011

Papuan political prisoner Kimanus Wenda is in urgent need of medical treatment. He has a tumour in his stomach, and needs to be transferred to a hospital to undergo an operation. Prison authorities have refused to pay for his transport and medical costs.

Kimanus Wenda is being held at the Nabire prison in Papua province, Indonesia. He has a tumour in his stomach and is constantly vomiting. Prison doctors have confirmed that he needs an operation; however, Nabire does not have the necessary medical facilities available. Kimanus Wenda needs to be transferred to Jayapura, also in Papua province, where he can receive the medical treatment he urgently requires. His family and lawyer have requested that he be transferred to Jayapura but the Nabire prison authorities have refused to cover the cost of his transport and medical treatment. Under Indonesian Government Regulation No. 32/1999 on Terms and Procedures on the Implementation of Prisoners’ Rights in Prisons, all medical costs for treatment of a prisoner at a hospital must be borne by the state.

Kimanus Wenda has been ill-treated in detention in the past. During his arrest and interrogation in April 2003, he was reportedly tortured or otherwise ill-treated by military officers, who beat, kicked and stamped on him. On 25 May 2011 Kimanus Wenda was beaten by prison guards after he and another political prisoner, Linus Heluka, attempted to file a complaint about a prison officer who had insulted a Papuan prisoner. At least four prison guards beat Kimanus Wenda with a thick piece of rubber and kicked him. The guards also hit Linus Heluka on the head and hand. Linus Heluka was then put in an isolation cell for two weeks.

Please write immediately in English, Indonesian or your own language urging the authorities to:

  • Ensure that Kimanus Wenda receives full and immediate access to the proper medical treatment he requires;
  • Allow Kimanus Wenda to travel to Jayapura to receive urgent medical care as recommended;
  • Cover the cost of such treatment in accordance with the UN Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (Principle 24) and Indonesian regulations;
  • Immediately conduct an independent and impartial investigation into all allegations of torture or other ill-treatment by prison guards in Papua and ensure that, should the allegations be verified, those responsible be brought to justice in fair trials and the victims receive reparations; and
  • Ensure that prison conditions and the treatment of prisoners meet standards provided for in Indonesian law as well as UN Standard Minimum Rules on the Treatment of Prisoners.

PLEASE SEND APPEALS BEFORE 3 OCTOBER 2011 TO:

Head of Nabire Prison

Arif Rachman
Lapas Klas IIb Nabire, Jl. Padat Karya,
Nabire 98801, Papua, Indonesia
Fax: +62 984 24721
Salutation: Dear Arif Rachman

Head of the Papuan Provincial Department of Justice and Human Rights
Daniel Biantong
Jl. Raya Abepura No. 37
Kotaraja – Jayapura 99117, Papua, Indonesia
>Fax +62 967 586112
Salutation: Dear Daniel Biantong

And copies to:

Director General of Prisons
Drs. Untung Sugiyono
Ministry of Justice and Human Rights
Jl. Veteran No. 11
Jakarta Pusat, Indonesia
Fax: +62 21 384 1711

Also send copies to diplomatic representatives accredited to your country.

Please check with your section office if sending appeals after the above date

URGENT ACTION Authorities refuse PRISONER medical care

ADDITIONAL INFORMATION

In April 2003 Kimanus Wenda was accused of attacking a military warehouse in Wamena, Papua province, an accusation which he denies. According to his lawyers, he was arbitrarily detained at the barracks of the Wamena District Military Command 1702 by the military and police and initially denied access to a lawyer. There, he was reportedly tortured or otherwise ill-treated by military officers, including being beaten with a piece of wood, kicked on his chest, stamped on, and dragged around with a piece of rope around his neck. According to Kimanus Wenda, the ill-treatment continued while the police were interrogating him. A translator was not provided during the police interrogation, even though Kimanus Wenda did not speak Indonesian. He was forced to sign a confession he could not read. In January 2004 he was sentenced to 20 years’ imprisonment for “rebellion” under Articles 106 and 110 of the Indonesian Criminal Code. He continues to suffer physically on account of the ill-treatment he experienced in 2003.

In December 2005 Kimanus Wenda was transferred to Gunung Sari prison in Makassar, South Sulawesi, thousands of miles from his family in Papua. While he was there he was forced to sleep on a cement floor. In January 2008 he was transferred to Biak prison, Papua and then to Nabire prison.

The Indonesian authorities have an obligation under national law and standards to provide medical treatment to all prisoners in the country. Article 17 of the Indonesian Government Regulation No. 32/1999 on Terms and Procedures on the Implementation of Prisoners’ Rights in Prison requires the prison authorities to provide adequate access to medical treatment. International standards also provide for medial treatment for prisoners. The UN Standard Minimum Rules for the Treatment of Prisoners provides that prisoners needing treatment not available in the prison hospital, clinic or infirmary should be transferred to an appropriate institution outside the prison for assessment and treatment. Furthermore, Principle 24 of the UN Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment requires that prison authorities cover the costs of such treatment.Amnesty International believes the denial of medical care to Kimanus Wenda could amount to cruel, inhuman or degrading treatment.

Name: Kimanus Wenda
Gender m/f: M

UA: 251/11 Index: ASA 21/025/2011 Issue Date: 19 August 2011

Prisoners’s lawyer concerned about health of her client in Nabire Prison

JUBI, 15 February 2011
Latifa Anum Siregar, the lawyer acting for the prisoner, Kimanus Wenda, has written to the authorities calling for her client to be moved from Nabire Prison to Jayapura in order to receive the medical attention he needs.
She said that he is suffering from a tumour. She said she had written to the provincial office of the law and human rights ministry on 4 February when she explained that Kimanus Wenda had been undergoing treatment for a long time, facilitated by the medical personnel in Nabire Prison who have now said that he must be operated on at the earliest opportunity.

However because of the lack of medical equipment available in Nabire and for family reasons, Kimanus Wenda should be moved to Jayapura where he would have the support of his family and a lawyer during medication and the operation. She has asked the Nabire Hospital to issue a letter calling for him to receive medical treatment and to be operated on in Jayapura.