New Report Reveals Extent of Papua Human Rights Violations

Press Release from Tapol, Franciscans International, Asian Human Rights Commission and Faith Based Network on West Papua (FBN)


NGOs meet in Geneva to address their concerns on the situation of Human Rights in Papua

Geneva, 3 November 2011

 Following last month’s violent dispersal by Indonesian security forces of the Third Papuan Peoples’ Congress in Jayapura, Indonesia has been confronted with the full scale of human rights problems in Papua by the new Report ‘Human Rights in Papua 2010/2011’.[1] This was launched yesterday in Geneva, by the Faith Based Network on West Papua (FBN), Franciscans International (FI), and the Asian Human Rights Commission (AHRC).

The Report portrays the bleak reality of the abuse of civil and political rights, as well as economic, social and cultural rights in Papua in 2010 and 2011. The aim of the Report is to raise awareness of the human rights situation in Papua and to create in Papua a ‘land of peace’.

More specifically, the Report draws attention to the hardship faced by national and international civil society as well as by local human rights defenders who are too often victims of intimidation, harassment and arbitrary detention on the charge of makar (treason) while exercising their right to freedom of expression in their struggle for justice and accountability. The Report further denounces the policy of the Government of Indonesia aimed at discrediting, limiting and jeopardizing the work of international human rights organizations working in Papua, including denied access to international media through the manipulation of bureaucracy. As a result, certain international organizations are directly or indirectly forced to withdraw from the country, as was the case of the International Committee for the Red Cross (ICRC) and Peace Brigades International (PBI).

With a view to presenting the Report and raising awareness on the recent tragic events, Franciscans International organised a round table discussion. This was attended by representatives of the Faith Based Network on West Papua, Geneva for Human Rights, Human Rights Watch, Papua Peace Network (JDP -Jaringan Damai Papua), Special Rapporteur on the situation of human rights defenders TAPOL, World Organization Against Torture (OMCT), and the Permanent Mission of the Republic of Indonesia to the United Nations.

In response to the numerous issues and concerns raised during the discussion, the representative of the Permanent Mission of Indonesia made an official statement asserting that “human rights protection is a national priority”. Despite the appreciation for the participation of the Permanent Mission of Indonesia, this statement was visibly met with strong disagreement by NGOs. They attested that “Political statements are not enough to address human rights violations in Papua, since – the reality is -a climate of fear prevails in Papua”.

The NGOs present concluded by calling upon the Government of Indonesia to: Immediately release all political prisoners; Immediately cease intimidation, harassment and physical violence against human rights defenders, journalists, and religious leaders in Papua; to criminalise torture and ratify the Optional Protocol to the Convention against Torture; ratify the International Convention on Enforced Disappearances; and to Start a genuine dialogue with national and international civil society.

For more information on the report Human Rights in Papua 2010/2011, please contact:

Kristina Neubaeur –Faith Based Network on West Papua, Coordinator

Francesca Restifo – Franciscans International, International Advocacy Director

Paul Barber – TAPOL, Coordinator: +44 7747 301 739; paul.barber@tapol.org

Wong Kai Shing – Asian Human Rights Commission, Executive Director

1] Available at http://tapol.gn.apc.org/press/files/Human-Rights-in-Papua_Report-2010-2011.pdf

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.

Report on wrongful arrest of 15 civilians n Wahno-Varia, W Papua

Report on wrongful arrest and torture of 15 civilians in Wahno-Vuria hill, Kotaraja, Jayapura town, Papua Province, 31 August 2011

Produced by: Investigation team comprising KomnasHAM Papua, a student or representative of Cendrawasih University Jayapura, and representatives
and members of the Baptist, Kingmi and Catholic churches

Published by: the Fellowship of Baptist Churches of Papua

September 2011

This is a TAPOL summary

The report is based on the results of an investigation by the Fellowship of Baptist Churches in Papua, including witness statements from the victims and their families, in an aim to publish the facts from the ground.

During July and August 2011, there have been a number of events affecting the security situation in Papua.   These include a number of mysterious murders for which the perpetrator(s) remain unknown, civilian deaths and injuries caused by security forces, repressive actions by security forces, clashes between the security forces and OPM/TPN, election unrest including demos and violence, an attack on the 5-7 July “Papua Peace Conference” at Cenderawasih University, a simultaneous murder at Skyline Jayapura, and a series of events accompanying and following on from the seminar in Oxford, England organized by the International Lawyers for West Papua.   A common feature seems to be that on several occasions the murders and other acts of violence occurred simultaneously across different locations. In most cases the perpetrators appear to remain unknown.

Background to the event on 31 August 2011

According to Biben Kogoya, Chair of RT 08 (RT is the smallest unit of neighbourhood governance), following a meeting of all RT/RW chairs last year, all sharp weapons kept in houses of the local population under the area of their jurisdiction should be collected and kept in the houses of the RT/RW chairs, which Biben Kogoya duly did.   He had heard shortly before the incident that there was going to be a sweeping.   He states that in the week leading up to the incident he had been trying to call the local police in Abepura to inform them of some new TNI members who had been hanging around the area each night between 25-29 August, providing alcohol and encouraging the young people to drink, and asking
them to point out the houses of people they were looking for, including Danny Kogoya, Panius Kogoya, Ekimar Kogoya, Etra Yanengga, and Gidi Wenda.

However, the police did not answer the phone or respond to his reports as chair of RT 08.  On 29 August, Biben had decided to sort this out, but he did not get the chance to do so as he was then arrested.

The events of 31 August 2011:

At 05:00-06:00 on 31 August 2011 a combined unit of 115 members of the army and police carried out sweeping and a siege of 4 houses in the Wahno hill area, RT 08 in Kotaraja Luar, Jayapura.  One of the houses targeted was that of Biben Kogoya (Chair of RT 08). The combined forces arrived in 6 Avanza cars and a police truck, with two of the units equipped with black batons.   They parked 500 meters from the houses in question and placed the area in question under siege, firing a volley of shots towards the houses.

A total of 15 people, including Biben Kogoya, were beaten, tortured, interrogated and exhorted to confess to having committed the Skyline and Nafri murders. Victims were beaten with rifle butts, kicked, slapped, and forced to lie on the ground for a number of hours.   Biben Kogoya was particularly singled out for beatings, and was confronted with an apparently unearthed bullet and some documents, and told to confess to owning these items or be murdered and buried. He was then forced to dig a hole whilst surrounded by security forces who had their guns aimed at him.   He was frightened and thought that he was digging his own grave, but managed to escape into the open.   The combined unit also brought a photograph of the soldier who was murdered on Jalan Baru, Camp Wolker (23/08/11) and asked Biben Kogoya if he had killed him.   The photo was put inside his family photo album and taken out of the family room –  he said he had never put that photograph of the soldier in the photo album.

Then the soldiers said it was Kogoya who killed him, this is the proof, look, it’s in his album. Meanwhile, Ekimar Kogoya was tortured until, unable to withstand the pain any longer, he confessed to the murders.   When pushed to name an accomplice he then named Panius Kogoya.

The houses were ransacked and a number of items such as handphones, money, shoes, a watch, wallets and a bank card were seized.

Throughout the experience, the victims were subjected to degrading treatment, being called variously “dog, pig, cow, animals, murderers, cannibals.” They were also stigmatized as OPM members.

As Biben Kogoya escaped from digging the hole/grave, the Vicar Metius Kogoya arrived, shortly followed by the arrival of the Head of Abepura Police and the provincial Head of Police (Kapolda).  According to the witness statement of the Vicar, the leaders said to their staff “don’t hit them anymore, what’s happened here is already enough.”

Between 12 and 13:00 on 31 August the 15 people were brought to the Polresta.  They were left in the locked truck for some time in the full sun, finding it hard to breath and hurting from their wounds.  They complained, and the truck was moved to the shade.  Then they were taken one by one to sign a notice, without having a lawyer present.  They were each photographed, then sat in front of the door of the investigation unit and interrogated. They were put back in the truck around 23:00-24:00 to sleep except Ekimar and Panius who were detained separately.   They reportedly waited for hours in the truck without food or drink until 06:00 on 1 September. 3 of them became ill and were laid on the floor of the truck.  One policeman helped us, giving us a litre of water (between 13 of us) and a packet of cigarettes.  When they woke in the morning they were not allowed to go to the toilet to urinate or defecate but were told to go to the toilet in the open yard of the police station.

On 1 September at 11:40, the leaders of the Baptist church and human rights activists, accompanied by Matius Murib arrived to visit the detainees, who were sitting in front of the investigation unit of the police station, with the others lying asleep as they had malaria.  13 detainees were released and were taken home at 15:00, arriving at their house at 17:00.  Ekimar and Panius remained in custody.

On 2 September, the 13 victims who had been sent home were taken to the hospital for a medical check up to be given the OK.  It turned out three of them were sick with malaria, so were not given the all clear.  They were:

1. Uwne Kogoya (23) malaria tertian +4

2. Yawenus Kogoya (21) malaria tropika +2

3. Nusman Kogoya (19) high leukosits.

On 3 September the Vicar was called by the police station to come and collect the arrest and detention notices for Panius Kogoya and Ekimar Kogoya, who were both charged with murder and/or violence in a public place against a person or object.

Condition of the victims

Following the incident, the victims suffered internal bruising and were traumatized. They were not able to carry out normal activities or travel very far.  Biben Kogoya’s ability to remember, hear and see properly was reportedly impaired, and his control over his emotions was abnormal.  On 6 September Uwen Wenda was reportedly still in Abepura hospital with malaria tropika and tersiana.

Key recommendations

· Intelligence should be good, accurate and accountable.

· Those currently imprisoned should be released as they are not guilty for the Nafri and Skyline cases.

· The central and Papuan provincial governments should sit down together and discuss the security situation across Papua, which is increasingly unstable.

· The Head of Jayapura Police must be accountable for the arrest and torture of 15 civilians on 31 August, which took place without due legal process.

· Those police and soldiers involved should be punished in accordance with the law.

· The torture, humiliation and stigmatization which happened during the arrests are considered to be grave human rights violations (pelanggaran HAM yang berat).

· The police are responsible for reparations for both material damage and for the psychological recovery of the victims.

· A formal and public apology is needed from the Indonesian police to the victims and their families within ten days.

15 Papuans mistreated and tortured by army and police

16 September 2011

FIFTEEN PAPUANS MISTREATED AND TORTURED BY ARMY AND POLICE


TAPOL strongly condemns the use of violence and torture against Papuan detainees

A report has been released following a joint investigation into the maltreatment and torture of a group of 15 Papuans in connection with two criminal incidents that occurred recently in West Papua.  The report, published by Papuan church leaders, the NGO network Foker and the Papua Human Rights Commission, states that 15 Papuans were arrested in Jayapura on 31 August and were mistreated and tortured for nine hours by a joint force of military and police.  They were reportedly beaten with  rifle butts, punched, kicked in the stomach with army boots and subjected to continual verbal abuse in an attempt to force them to
confess to the as yet unsolved murders at Nafri and Skyline in Jayapura.

One of the men said he had been threatened with death if he failed to confess to owning items including a bullet and some documents which he said he had not seen before, and another was reportedly tortured until he confessed to the murders and named another of the men as his accomplice.  During police interrogation, the two were threatened with death if they did not confess to the crimes. They were then charged with the murders and remain in detention.

After the remaining thirteen men were released, they said that they had also been forced to lie on their backs on the ground facing the blazing sun for seven hours. They further commented that they felt as though they were being treated like cattle. They were deprived of water and food for lengthy periods while being beaten and tortured and no attention was paid to the injuries and bruises that they suffered during their ordeal. They said that they were weak and in some cases fell ill as a result of their treatment but were denied access to a toilet and ordered to urinate and defecate out in the open.

Apart from the appalling treatment to which they were reportedly subjected, the detainees were arrested without arrest warrants and during their interrogation, they were not accompanied by lawyers despite the associated requirement for persons in detention when they are given notice that they are about to be questioned.

Moreover, according to legal requirements they should have been released within 24 hours, a binding requirement for persons who are held without being charged for any crime. They were in fact held for 27 hours.

TAPOL strongly condemns the atrocious treatment of these Papuans. We call on Komnas HAM, the National Human Rights Commission, to conduct an investigation into the treatment of these Papuan detainees. TAPOL also calls on the Minister of Justice and Human Rights to call to account all those persons who were responsible for using extreme violence and torture against this group of men.

The government of Indonesia should make it absolutely clear that all persons who work for government agencies within the military and the police, including those which were involved in the detention and mistreatment of these fifteen men should at all times treat persons being held in detention without resorting to violence and torture and should be instructed to refrain from using such methods or face dismissal if they do so.

The TNI Should Withdraw From Papua to Prevent Another Lacluta

By Daniel Pye

This month marks the 30th anniversary of the Lacluta massacre in East Timor by battalions of the Indonesian military, or TNI.

One of the enduring horrors of the occupation of East Timor was the “fence of legs” campaign of 1981 where civilians were rounded up and forcibly marched across the island to flush out resistance fighters – including Xanana Gusmao, now the fledgling nation’s Prime Minister.

Many died along the way. The campaign led to “very serious humanitarian consequences,” including famine as it took place during planting season and many of those press-ganged were subsistence farmers.

The march headed to Lacluta where the UN Commission for Reception, Truth and Reconciliation determined hundreds of East Timorese were murdered by Indonesian armed forces. “The commission received evidence of a large massacre of civilians, including women and children, at this time,” it said.

Indonesian authorities admitted to only 70 deaths, while Martinho da Costa Lopes of East Timor’s Catholic church said the death toll was closer to 500. One East Timorese fighter said the attack was carried out by Battalion 744, later to be commanded by Indonesia’s current president, Susilo Bambang Yudhoyono.

“I witnessed with my own eyes how the Indonesian military, Battalion 744, killed civilians in front of me,” Albino da Costa said. “They captured those unarmed people, tied them up then stabbed them to death. There was a pregnant woman captured and killed just like that. I saw it from a close distance, just 100m from where it happened.”

Costa Lopes died in Lisbon in 1991. His repeated calls for intervention by the United Nations and for curtailment of United States military aid to the Indonesian Government went unheeded.

The US, Japan and a number of Western European countries continued to provide Indonesia with about $5 billion in military aid. In the aftermath of the 1975 invasion the media largely ignored, as one Australian parliamentary report called it, “indiscriminate killing on a scale unprecedented in post-World War II history,” because of Indonesia’s vast natural resources. It was, as former US President Richard Nixon put it, the “greatest prize in the Southeast Asian area”.

Indonesia’s occupation of East Timor ended with independence and perhaps as many as a third of the population killed.

But today there is another war for independence in Indonesia: West Papua. And the parallels with East Timor are striking.

Papuans have endured horrific violence since Indonesia first invaded in 1963. Amnesty International and other human rights groups agree that as many as 100,000 Papuans have been killed under occupation.

West Papua is rich in minerals and oil. Transmigration, commercial logging, mining and other government-sponsored programs are considered to be in the interests of the nation, and take priority over any local land claims.

It has the world’s largest gold mine, controlled by the Freeport-McMoRan Company of Louisiana and the Anglo-Australian company Rio Tinto. General Suharto granted the concession under the 1967 foreign investment laws that opened Indonesia to near-unrestricted foreign wealth exploitation.

When guerrillas from the Free West Papua Movement sabotaged the mine in 1977, the army responded by killing at least 800 Papuans. This was not the first, not the last time the Indonesian military would be used to protect Western capital under the guise of “protecting the unity of the nation”. It is happening still.

Grasberg workers walked out on strike over pay and conditions on Wednesday. The mineworkers are paid between $1.50 and $3.50 per hour, less than a tenth of what their colleagues in other countries get, while between April and June 2011 Freeport made a profit of $1.73 billion. Most of the wealth extracted from the mine goes abroad – a tiny percentage benefits Papuans. Two thirds of West Papua’s forests – which are at the heart of Papuans’ traditional way of life – are designated for “production” by Jakarta.

An Indonesian military intelligence report leaked to the press in August showed how the island is awash with spies. And how badly equipped are the Papuan separatists to fight the Indonesian military. The TNI is armed and trained by the US and its allies as part of the East Asia Summit grouping, which is fast developing into a Nato for Asia.

Ahead of the planned Third Papuan Peoples Conference, Indonesian paramilitary forces linked to the police and Special Forces of the army appear to have stepped up military operations in the province, which have been described as a campaign of terror by people on the ground. According to KontraS, The Commission for the Disappeared, the army’s actions are illegal under Indonesian law.

Just like in East Timor before independence, West Papua is a prime example of a colony where the extraction of wealth for the benefit of a few outweighs a people’s fundamental right to self-determination. If atrocities such as the one at Lacluta are to be prevented in the future in West Papua, the TNI should withdraw and international investigators should be allowed access to the region.

Jakarta is at a crossroads with international attention focused on West Papua following the Pacific Islands Forum meetings in New Zealand. The head of the UN Ban Ki Moon was unequivocal when asked about Papua. Papuans’ rights should be upheld, he said. Indonesia’s government could take this opportunity to fulfill its pledge to grant Papuans autonomy. But this must include an end to the lawlessness of government-sponsored armed groups, a withdrawal of army units, and determining how Papuans’ natural resources are used must be the preserve of Papuans.

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