Tag: Kostrad

JG: Low-Ranking Soldiers Indicted Over Torture, Killing in Papua’s Puncak Jaya

[The Papua Customary Council (DAP), however, disagreed with the Army’s
version of events. It said Kinderman was a local priest and had no
ties to the OPM.

“He was waiting for a delivery from Wamena, so when a convoy
approached he immediately went up to check for his package,” DAP
member Markus Haluk said. “There are thousands of innocent civilians
in Papua accused of being OPM to justify military tortures and
killings. This trial is just for show, like the previous one.”]

The Jakarta Globe
July 21, 2011

Low-Ranking Soldiers Indicted Over Torture,
Killing in Papua’s Puncak Jaya

by Banjir Ambarita

Jayapura

A military tribunal in Papua indicted three low-ranking soldiers on
Wednesday for the killing of a civilian in Puncak Jaya district last
year.

The defendants were identified as First Sgt. Saut Sihombing, Second
Pvt. Hery Purwanto and Second Pvt. Hasirun. All three serve in the
Army’s Nabire Infantry Battalion, as did four soldiers sentenced in
November for torturing two civilians in the village of Gurage in the
same district.

That incident resulted in international condemnation after a video of
the torture was posted on the online video-sharing site YouTube in
October.

Military prosecutor Capt. Jem C.H. Manibuy charged the three
defendants in this latest case with torture. They are accused of
beating and shooting to death a civilian, identified as Kinderman
Gire. The killing occurred near a military checkpoint in the village
of Illu on March 17 last year, just two weeks prior to the Gurage
incident.

The indictment says Saut, Hery and Hasirun accompanied a civilian
convoy that was delivering food supplies to Mulia, the capital of
Puncak Jaya district, around 10 hours by road from Wamena, Jayawijaya.

Kinderman, according to the indictment, stopped the convoy near Kalome
village in an attempt to extort gasoline from the driver of one of the
vehicles.

Saut disembarked from his vehicle and approached Kinderman who was
with another civilian, Pitinus Kogoya. The indictment says that
Kinderman then said, “I am not afraid of the military. I have 30
friends in the mountains and they are armed,” suggesting that
Kinderman was a member of the separatist Free Papua Movement (OPM).

Kinderman and Pitinus were then beaten while being interrogated by
Hery and Hasirun, the indictment says. Pitinus was able to escape by
jumping down an embankment.

The military tribunal was told that Kinderman tried to grab a rifle
from Hery, who reacted by firing at Kinderman. The shot hit Kinderman
in the chest, killing him instantly.

Saut said he reported the incident to his superior, Sudarmin, who told
the three not to say anything about the shooting.

The three soldiers took Kinderman’s body to their vehicle before
dumping it in a river from a bridge in Tingginambut subdistrict, the
indictment says.

The Papua Customary Council (DAP), however, disagreed with the Army’s
version of events. It said Kinderman was a local priest and had no
ties to the OPM.

“He was waiting for a delivery from Wamena, so when a convoy
approached he immediately went up to check for his package,” DAP
member Markus Haluk said. “There are thousands of innocent civilians
in Papua accused of being OPM to justify military tortures and
killings. This trial is just for show, like the previous one.”

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AHRC (INDONESIA): Delayed Criminal Code reform prolongs institutional use of torture

FROM ASIAN HUMAN RIGHTS COMMISSION

FOR IMMEDIATE RELEASE
AHRC-STM-083-2011
June 24, 2011

A Statement by the Asian Human Rights Commission on the Occasion of the International Day in Support of Victims of Torture, June 26, 2011

INDONESIA: Delayed Criminal Code reform prolongs institutional use of torture

Has the video showing military torture in Indonesia in October last year created any serious concern for torture in that country? In the video, members of the Indonesian military tortured two indigenous Papuans to obtain information about alleged separatist activities. While some of the perpetrators got a few months of imprisonment for disobeying the orders of their superior, nobody was punished for the torture committed, nor did the victims receive any compensation or medical treatment. The extreme practices shown in the video shocked the public even though numerous cases of torture had been documented by NGOs and the National Human Rights Commission for years.

Torture is frequently used by the Police and the Military to force confessions, intimidate or to obtain information. The infliction of severe pain by public officials for the above and certain other purposes is prohibited in the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (full text in English, Bahasa Indonesia). This definition of torture and its prohibition also applies to Indonesia. Experts in and outside the country have repeatedly pointed out the neglect for institutional reform that the government has shown so far to effectively end this medieval practice.

Indonesia decided to ratify the Convention in 1998 and make it thus fully applicable into its legal and institutional system. While this may have appeared as a dedicated choice towards human rights, this promise from 1998 has never been kept. After 13 years, the government and parliament have failed to take even the basic key steps to end torture. As a result, torture continues to be applied.

What are the next steps to end torture? To make torture a crime! Amending the Criminal Code to make an act as defined in the international Convention punishable by law is a minimum requirement. Instead of fulfilling this requirement the government makes reference to maltreatment articles that actually only cover some parts of the problem as well as conduct guidelines for the police, which are neither promoted nor effectively enforced within the service.

Torture can be a convenient methodology for unprofessional members of the police force or the national military to “get things done”. Obtaining confessions, intimidating protesters, threatening minorities, producing quick case reports or to increase the income through bribes. Many dedicated staff in the national police, the national police commission and other related bodies have made considerable efforts to end this practice in their institutions but to support their efforts, more needs to be done.

Moreover, many see the use of torture as a legitimate and necessary mean to deal effectively with any wrongs ranging from petty crimes like theft up to organised terrorism. “Tough crimes need tough responses”, some may respond while forgetting that punishment is not part of the role of the police and military. Punishment for crimes is to be applied after a judicial process has established the guilt of the perpetrator and may then include imprisonment or other forms of non-violent punishments. But leaving an entire justice process in the hands of a police officer cannot be further away from fair trial and a just society.

Sunday June 26, 2011 is the International Day in Support of Victims of Torture. Indonesia has thousands of victims, probably more. Many of them have not committed any crime and the majority of them is poor or from marginalised groups. Persons undergoing serious torture often suffer from the post traumatic stress disorder syndrome, cannot sleep well, relate personally to society and are violated and broken in their heart and soul. Decades of medical research have shown how tremendous and long lasting the impact of torture for the body and mind are for the victims and often also for the perpetrator.

Justice does not need torture as the eradication of the practice proofs in other countries. In fact as long as torture continues in a society, violence prevails. This practice can end if the use of torture is effectively punished and fully prohibited. To fulfil the promise Indonesia made in 1998 to the Indonesian people the Criminal Code needs to be reformed immediately. The victims of torture need our support.

# # #

About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation that monitors human rights in Asia, documents violations and advocates for justice and institutional reform to ensure the protection and promotion of these rights. The Hong Kong-based group was founded in 1984.

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USGOV: 2010 Human Rights Report: Indonesia

BUREAU OF DEMOCRACY, HUMAN RIGHTS, AND LABOR

2010 Country Reports on Human Rights Practices

April 8, 2011

Indonesia is a multiparty democracy with a population of approximately 237 million. In July 2009 Susilo Bambang Yudhoyono was reelected president in free and fair elections. Domestic and international observers judged the April 2009 legislative elections generally free and fair as well. Security forces reported to civilian authorities, although the fact the Indonesian Armed Forces (TNI) continued to be partly self-financed had the potential to weaken this control.

Human rights problems during the year included: occasional incidents, primarily in Papua and West Papua Provinces, of arbitrary and unlawful killings by security forces; vigilantism; sometimes harsh prison conditions; impunity for some officials; official corruption, including in the judicial system; some narrow and specific limitations on freedom of expression; societal abuse against religious groups and interference with freedom of religion sometimes with the complicity of local officials; trafficking in persons; child labor; and failure to enforce labor standards and worker rights.

DOWNLOAD FULL REPORT HERE:

http://www.state.gov/g/drl/rls/hrrpt/2010/eap/154385.htm

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Priest says OTSUS is accelerating Papuan extermination

(WestPapuaMedia note: we are aware of the allegations of mysterious killings in 2010, however the reports given are not containing enough information to make any detailed report).
JUBI, 6 April 2011 

OTSUS IS ACCELERATING  PAPUAN EXTERMINATION

A priest in Nabire has described the special autonomy law, known as OTSUS, as being a move by the Indonesian government that was intended to accelerate the extermination of the indigenous Papuan people.

The Rev. Daud Auwe said that ‘the intention  is clear from the systematic and violent killings which have taken place up to now.’  He mentioned in particular the case of the Rev. Kindeman Gire in Puncak Jaya, and the shooting of Melkias Agapa and Abetnego Keiya in Nabire. He was speaking at a demonstration of several hundred people outside the office of the Nabire  provincial legislative assembly.

There was also the case of the mysterious killing of ten people in Nabire [no time mentioned] and the killings of 1,435 people  that occurred during the four years from 2006 to 2010.

Another speaker, Yones Douw spoke about the culture of dependency and the destruction of the people’s economy, the appalling condition of education and healthcare facilities for Papuan people, all of which were the result of OTSUS. ‘294 people in Dogiyai died of diarrhoea in 2008, 42 people died of malaria and 41 people died of starvation in the district of Nduga.’

Other factors were the destruction of Papuan culture, the uncontrolled increase in the number of inhabitants that has been occurring annually, all of which has led to a lack of protection for indigenous Papuan people.

Yones also condemned the government’s UP4B programme which is now being promoted by the central government, which he described as a public cover-up for the failures of OTSUS. ‘While there is no legal basis for the UP4B programme, the OTSUS law which is within the legal framework has not been properly implemented by the government.’

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Manipulation: Komnas HAM report on 2003 arms dump assault

JUBI, 5 April 2011 

Assault on arms dump in Wamena was a manipulation, says Komnas HAM member

The deputy chairman of the National Human Rights Commission, Papua branch  Matius Murib, has told the press that the solution to the assault on the arms dump of the Wamena district military command on 4 April 2003 now depends on the state and the attorney-general’s office.

‘The Komnas HAM, as a state institution, has completed its task of conducting a pro justicia investigation and has delivered its evidence and associated data to the attorney-general. But the attorney-general has responded, saying that the evidence is not strong enough,’ he said. ‘Our job is finished and we cant do anything more on the matter,’ he told JUBI.

The pro justicia report recorded that nine people were murdered, 38 people from 25 kampungs were forcibly evicted, 42 people died from starvation and fifteen others were treated unjustly.

With the Konmas HAM having done its work, it now depends on the goodwill of the state and the attorney-general’s office  to solve the case. In his opinion, this would mean bringing the case before the judiciary, and in this case, this would mean submitting it to the human rights court because, he said, ‘ this was a case of gross violation of human rights which must be heard before the human rights court.’

He went on to explain that this was not a case involving any bloodshed. It should be regarded as something that was deliberately manipulated. ‘I was at the location at the time,’ he said. ‘Just imagine, the arms dump is in the centre of town, yet even so an assault took place. This can only have been a deliberate manipulation,’ he said.

He also referred to the Wamena Tragedy of 6 October 2000 which resulted in many casualties and much spilling of blood. ‘Many ordinary (people) were tortured. This was also a case of serious human rights violations,’ he said.

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