Tag: Kontras

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

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Kontras: SBY must prioritiser the Papuan problem and stop the Escalation of Violence

THE PRESIDENT MUST GIVE PRIORITY TO REACHING A DIGNIFIED SOLUTION TO THE PAPUAN PROBLEM AND TO PREVENTING THE ESCALATION OF VIOLENCE IN PAPUA

There are fears that the prospects for peace in the land of Papua will become increasingly difficult for three reasons. The first is the escalation in the level of violence that has been disrupting the situation in Papua. The second is the total lack of accountability regarding security operations in Papua by the TNI, the Indonesian army, and Polri, the police force., and the third is the ambivalence in the President’s attitude towards the Papuan problem. If nothing is done
about these three problems, it can lead to activities that would be counter-productive for achieving a dignified solution to the Papuan situation.

The first problem, the latest in the occurrence of acts of violence in Papua, happened on Sunday, 21 August when a man named Das Komba, 30 years old, was found dead, having been murdered near his garden. Prior to this, there was information that the TNI in Arso would be holding training exercises near this man’s garden. Two women who usually garden nearby had met several people who were thought to be members of the TNI somewhere near the garden. This led to people in the vicinity becoming very fearful and feeling very unsafe. The killing came on top of a spate of incidents of violence and killings [altogether nine during August] that have occurred in Papua, particularly in the wake of the Papuan Peace Conference .

The second problem relates to the deployment of TNI forces and the role of Polri in Papua. The deployment of troops is not related to any political decision by the President or the Indonesian parliament, the DPR RI, but was promoted by the TNI. Such a political move should be accompanied by a clear mechanism for accountability as provided for in our laws. It is therefore abundantly clear that the security operations by the TNI are illegal and are in breach of the regulations. The government should have learnt from past experience in Aceh and Timor-Leste that the security approach never solves problems but only
intensifies the issues, making any solution even more difficult.

The illegal use of TNI forces also provides more evidence of the weak role of Polri in taking charge of security in Papua. Polri is increasingly showing that it lacks confidence in itself and its incapacity to take charge of security, in accordance with its mandate as stipulated in the Law on Polri. The government should be providing as much support as possible for the role of Polri in safeguarding security for the general pubic with the use of persuasive methods.

Aother problem that is no less important is the recent leak of Kopassus operational documents which drew attention to the huge role of intelligence and to the clarification of the TNI’s active role in pursuing the security approach in Papua.

The third problem relates to the attitude of the government, in particular the ambivalence of the President.  In a series of interviews, the President has spoken about achieving wellbeing for Papua.   But on the other hand, security continues to be the main approach and is not accompanied by any overall correction to security operations that do not promote the safety and sense of security of the people in general.

We therefore make the following demands:

1. The President of Indonesia should hold dialogue with the Papuan people representing all the interests of the Papuan people . This should be done in a dignified manner and should respect basic human rights.

2. The President of Indonesia should adopt a firm attitude to stop all the polemics going on among his ministers and pursue a single policy for Papua. The policy should be directed towards a model for solving the conflict and not just consist of speculations and stigmas.

3. The government should put an end to the continuing acts of violence and killings that have been occurring in Papua and make an evaluation of the presence and deployment of TNI forces, while maximising the role of Polri as the ones who are responsible for security.

4. All sides should play an active part in halting all forms of violence which can only have a negative impact on the peace process which is what the general public wants to happen.

Jakarta, 23 August 2011

Kontras: Commission for the Disappeared and the Victims of Violence

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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

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JUBI on deplorable human rights situation in West Papua

JUBI, 8 February 2011

The National Human Rights Commission [Komnas HAM] in Papua has called on the Indonesian government to take responsibility for a number of human
rights violations that have occurred in West Papua.

‘It is for the government to resolve these problems,’ said Matius Murib,’ who insisted that the government must take responsibility for this situation. He said that if the government fails to do anything, the number of violations will continue to increase. ‘There is no other way out of the problem,’ he said. It was, he said a matter for the central and also the provincial governments.

He said he has the impression that the state has simply washed its hands of the issue. Nothing is being done about it. The evidence is, he said, that the provincial government has issued no special regulation to strengthen the hands of the local Komnas HAM. There was a need for a regulation that would strengthen the legal position of Komnas HAM.

———————–

JUBI 8 February 2011

KontraS, the Commission for the Disappeared and the Victims of Violence,
has raised the issue of the formation of a Commission on Truth and Reconciliation and a Human Rights Court in Papua.

Speaking on behalf of the Commission, Harry Maturbongs said that these two bodies should be set up in accordance with the Special Autonomy Law for Papua, 21/2001.

He also said that people were still waiting for the solution to a number of past serious human rights violations, such as the Wasior case and the case of the assault on an ammunition dump several years ago.

[Apologies for the brevity of these translations, but the printouts are almost illegible. Tapol]

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KontraS Papua: Press release on Recent Problems in Abepura Prison

KontraS (Commission for the Disappeared and Victims of Violence) Papua, SKPHP (Solidarity of Victims of Human Rights Violations in Papua) and the Lawyers Team

The Department of Law and Human Rights and Abepura Prison must take responsibility Legal Processes will not solve the problems in Abepura Prison.

The clarification made to the media by the public relations department of the Police Force in Papua, Police Commissioner Wahchyono, that Buchtar Tabuni, Filep Karma, Dominggus Pulalo, Alex Elopere and Danny Lopez Karubaba are now suspects is incorrect because their status should be as witnesses in a criminal case in which acts of violence were perpetrated against certain individuals and material goods, as stipulated in Article 170 of the Criminal Code.

The Commission for the Disappeared and Victims of Violence (KontraS) Papua and their lawyers believe that the legal procedures now being taken by the Provincial Police Force in Papua regarding Buchtar Tabuni and his associates reflect a failure of the Department of Law and Human Rights and the Abepura Prison to create feelings of tranquillity among prisoners being held in Abepura Prison.

It should be noted that on 3 December 2010, five inmates escaped from the prison, as a result of which one of the inmates, Wiron Wetiipo was shot and fatally wounded but we have not yet received any information about the legal procedures that are now in progress.

This is not the first time that inmates are reported to have escaped from the prison. This should be the focus of attention revealing as it does that conditions in the prison are not in order as they have resulted in the prisoners making an escape from the prison.

It is not right for the Department of Law and Human Rights and the
prison authorities to take account only of the consequences but they should also consider the causes of these developments. In our opinion, the legal process will not be able to solve the problems
in the prison because, as stated by FORDEM in its statement of 14
December 2010 which was reported in the daily newspaper, Bintang Papua, the Director of Abepura Prsion along with fourteen members of his staff should face charges for committing acts of violence against the prisoners as this would uphold the principle of equality before the law. If legal procedures are only to be taken against Buchtar and his
associates, this is unfair and could have unfortunate consequences.

Therefore KontraS Papua and the team of lawyers make the following demands:

1. The Indonesian Minister of Law and Human Rights and the District Head of the Department of Law and Human Rights should take measures that are more appropriate in order to provide an atmosphere of tranquillity for the prisoners and should not focus primarily on legal procedures to resolve these problems.
2. The District Head of the Department of Law and Human Rights and the prison authorities should be transparent in explaining what actually happened so as to avoid creating a variety of perceptions in the community.
3. The Provincial Legislative Assembly of the Province of Papua
should also get involved in solving the problems in the prison, for the sake of accountability towards the community as a whole.

The five persons facing charges are:

Filep Jacob S Karma
Buchtar Tabuni
Alex Elopere
Dominggus Pulalo
Danny Lopez Karubaba

The charges against them are all as stipulated in Article 170 of the Criminal Code.

[Translated by TAPOL]

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