The Observatory: Indonesia: Brutal attack against journalist Banjir Ambarita

URGENT APPEAL- THE OBSERVATORY

IDN 001 / 0311 / OBS 049

Attack

Indonesia

March 25, 2011

The Observatory for the Protection of Human Rights Defenders, a joint
programme of the World Organisation Against Torture (OMCT) and the
International Federation for Human Rights (FIDH), has received new
information and requests your urgent intervention in the following
situation in Indonesia.

Description of the situation:

The Observatory has been informed by reliable sources of the brutal
attack against Mr. Banjir Ambarita, journalist, after the publication of several of his articles in the local newspaper Bintang Papua of Jayapura, Papua province, and in the Jakarta Globe, denouncing sexual abuses committed by police officers in Jayapura.

According to the information received, on March 3, 2011, Mr. Banjir
Ambarita was riding his motorcycle in front of the Jayapura Mayor?s
office, when two unknown men on a motorcycle reportedly approached him, stabbed him twice in the chest and stomach and fled. As he began to bleed, Mr. Banjir Ambarita drove to the nearby police station. Police officers took him to the Marthen Indey Hospital in Aryoko, Jayapura, where he underwent surgery. He has reportedly recovered since then.

The Papua Regional Police and the Jayapura Police have set up a joint
force to investigate the case, but to date, perpetrators remain unknown.

Mr. Banjir Ambarita had recently written articles in the Bintang Papua and in the Jakarta Globe about two alleged rape cases involving the police.

In the first article, he had written that four police officers and three
civilians allegedly raped and tortured a 15 year old girl in February
2011, in Biak, Papua province. The last article, dated February 27,
2011, covered a second case in which three police officers forced a
woman detainee to perform oral sex on them from November 2010 to January 2011 at the Jayapura Police Detention Centre in Papua province. The media coverage of this incident led to the resignation of the Jayapura’s Police Chief, Mr. Imam Setiawan, and to the sentencing to 21 days of jail for the officers involved.

The Observatory expresses its deepest concern about the attack on Mr. Banjir Ambarita, which seems to merely aim at sanctioning his
denunciation of human rights violations, and urges the authorities to
ensure his protection and to promptly investigate into the
above-mentioned facts.

Actions requested:

The Observatory urges the authorities of Indonesia to:

i. Guarantee in all circumstances the physical and psychological
integrity of Mr. Banjir Ambarita, as well as all human rights defenders
in Indonesia;

ii. Carry out a prompt, effective, thorough, independent and impartial
investigation into the above-mentioned events, the result of which must be made public, in order to prosecute and try the perpetrators of these violations before a competent, independent and impartial tribunal;

iii. Conform in all circumstances with the provisions of the Declaration
on Human Rights Defenders, adopted on December 9, 1998 by the United Nations General Assembly, in particular:

– Article 1, which states that ?Everyone has the right, individually or
in association with others, to promote the protection and realization of
human rights and fundamental freedoms at the national and international levels;

– Article 6, which provides that: “Everyone has the right, individually
and in association with others: (a) to know, seek, obtain, receive and
hold information about all human rights and fundamental freedoms (?);
(b) freely to publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms”;
(c) to study, discuss, form and hold opinions on the observance, both in law and in practice, of all human rights and fundamental freedoms and, through these and other appropriate means, to draw public attention to those matters”,

– Article 12.2 which provides that “The State shall take all necessary
measures to ensure the protection by the competent authorities of
everyone, individually and in association with others, against any
violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence
of his or her legitimate exercise of the rights referred to in the present Declaration”;

iv. Ensure in all circumstances the respect for human rights and fundamental freedoms in accordance with the Universal Declaration of
Human Rights and with international and regional human rights
instruments ratified by Indonesia.

Addresses:

  • HE. Susilo Bambang Yudhoyono, President of the Republic of Indonesia, Presidential Palace, Istana Merdeka, Jakarta 10110, Indonesia; Fax: +6221 345 2685/526 8726
  • Mr. Gamawan Fauzi. Minister of Home Affairs, Jl. Medan Merdeka Utara No. 7, Jakarta Pusat, Indonesia, Fax +62 21 385 1193 / +62 21 384 6430, Email: pusdatinkomtel@depdagri.go.id⁢mailto:pusdatinkomtel@depdagri.go.id>
  • Mr. Patrialis Akbar, Minister for Justice and Human Rights, Department of Justice and Human Rights, Jl. H.R. Rasuna Said Kav No. 4-5, Kuningan – Jakarta Selatan 12950, Indonesia,
    Fax: + 62 21 525 3095/ 310 4149/ 522 5036,
    Email: rohumas@depkehham.go.id
  • Indonesian National Commission on Human Rights, Jl. Latuharhary No 4B, Menteng, Jakarta Pusat 10310, Indonesia, Fax : +62 21 392 5227, Email: info@komnasham.go.id
  • Permanent Mission of the Republic of Indonesia in Geneva, Rue de Saint-Jean 16, Case Postale 2271, 1211 Geneva 2, Suisse, Fax: +41 22 345 57 33, Email: mission.indonesia@ties.itu.int
  • Embassy of the Republic of Indonesia to the Kingdom of Belgium, Boulevard de la Woluwe 38, B-1200, Brussels, Belgium, Fax +32 27 72 82 10, Email: primebxl@skynet.be

Please also write to the diplomatic representations of Indonesia in your
respective countries.

***
Geneva-Paris, March 25, 2011

* *

Kindly inform us of any action undertaken quoting the code of this
appeal in your reply.

The Observatory, an OMCT and FIDH venture, is dedicated to the
protection of Human Rights Defenders and aims to offer them concrete
support in their time of need.

To contact the Observatory, call the emergency line:

· E-mail: Appeals@fidh-omct.org

· Tel and fax OMCT + 41 22 809 49 39 / + 41 22 809 49 29

· Tel and fax FIDH + 33 1 43 55 25 18 / +33 1 43 55 18 80

The Indonesian Government: closing window for peace in West Papua

This article originally appeared at
Jason MacLeod

Just as Indonesia’s president Susilo Bambang Yudhuyono was being feted globally for being a democrat, the Indonesian government was entrenching Papua’s reputation as Indonesia’s last bastion of authoritarian military rule. Now Peace Brigades International has finally been forced out.

The latest casualty in the Indonesian Government’s efforts to seal off West Papua from international scrutiny is Peace Brigades International (PBI). In January this year the international non-government organisation was finally forced out of Indonesia. Since 1981 at the invitation of local people, PBI has been providing unarmed protection to human rights defenders at risk in conflict zones around the world. International accompaniment is literally the embodiment of the international community’s concern. The presence of internationals increases the cost of attacking human rights workers and expands the political space for local activists. All this is made possible by an elaborate communication network. PBI staff meet with local police and military personal as well as their superiors in regional and national capitals to let them know exactly who is being accompanied. This acts as a deterrent. The PBI volunteers are the eyes and ears of the international community, communicating the human rights situation on the ground to an international network of governments and civil society actors. It is a tried and tested approach that has worked in places as diverse as El Salvador, Guatemala, Colombia, Haiti, Sri Lanka and Nepal.

Members of the PBI Indonesia Project were invited by Acehenese activists to accompany them through the darkest days of martial law. Acehenese civil society organisations like Flower Aceh and Koalisi HAM (the Human Rights Coalition) were able to continue their work because of PBI protective accompaniment. It gave local workers a sense that the international community cared about their situation and sent a clear message to the Indonesian army that they were being watched. PBIs protective accompaniment helped expand the space for peace in Aceh in the lead up to the historic Helsinki Peace Agreement. But in West Papua, home to Indonesia’s longest running separatist conflict, the world’s oldest international nonviolence organisation has finally met its match. After years of harassment from the Indonesian security forces the PBI Indonesia Project was closed down.

My colleagues and I helped set up the PBI West Papua project in 2003. I left the organisation in 2004 but kept in close contact with many of the organisers and staff members. One of the reasons PBI responded to an invitation from Papuan human rights defenders was because for years the Indonesian government has closed off access to West Papua to humanitarian organisations, journalists and even diplomats. It is important that Papua is opened up to the international community if human rights are to be addressed. But while the rest of Indonesia moved towards greater democracy, Papua slid back into an authoritarian backwater ruled by the Indonesian security forces as if it was their own private fiefdom. Since PBI established a presence in West Papua Amnesty International, Human Rights Watch, the Dutch NGO CordAid and even the Red Cross have all been denied access. This level of hostility by a State to international scrutiny of a human rights situation is unusual. Even during the height of apartheid, the South African government permitted the Red Cross access to political prisoners. Not so in West Papua.

Prior to being forced out of West Papua, PBI was the only international human rights organisation with a permanent presence in Indonesia’s restive Pacific periphery. A group of long-term international volunteers based in Jayapura, the capital and in Wamena, in the troubled highlands, provided unarmed protection for Indonesian and Papuan human rights defenders and monitored the situation on the ground. PBI helped protect human rights defenders and lawyers trying to expose police brutality during the ‘Bloody Abepura’ trial in 2004. PBI also protected Papuan human rights defenders who were investigating the security forces after they cracked down on Papuans in the wake of the March 16 2006 blockade of the main road outside the University of Cendrawasih in Jayapura.

PBI is governed by a strict mandate. The organisation only supports unarmed actors, they do not take sides and they do not tell Papuans how they should run their struggle. Despite this the Indonesian government was petrified of PBI. I experienced this personally. When I was taken in for questioning in West Papua in 2007 after observing a demonstration in Papua, the very first question the Indonesian police intelligence agent asked me – even before enquiring whether I was a journalist or spy – was “Are you PBI?” By then I had left the organisation but it revealed the depth of the intelligence services concerns about PBI.

Almost from the moment PBI started work in West Papua the Indonesian government acted to restrict PBI’s access and ability to work. In 2009 the organisation was pressured to close the Wamena office in West Papua’s remote highlands, the scene of frequent human rights violations by the Indonesian military. PBI staff were refused permission to work as the police and intelligence services launched an official investigation into the organisation’s status. National Indonesian staff started to receive threatening phone calls. They felt increasingly vulnerable.

By late 2009 all one-on-one protective accompaniment had ceased. In an effort to stay in Papua protective strategies were reduced to regular check-in calls with PBI clients who felt threatened by state security forces. Then on 30 July 2010 Ardiansyah Matra’is’s naked, handcuffed body was found in the River Gudang Arang. His arm had been tied to a tree to prevent his body from floating downstream. Matra’is was a journalist working for Papua’s only national independent paper, Jubi. Matra’is had been critical of illegal logging operations run by the Indonesian military in Merauke and had taken photos of their activities. Matra’is was also a PBI client. His murder was the first time in Indonesia that a current PBI client had been killed.

The writing was on the wall: PBI was no longer making space for peace in Papua. In fact the opposite was happening. The Indonesian government was closing space for peace in Papua, and PBI appeared powerless to halt the slide into greater military impunity. Just as Indonesia’s president Susilo Bambang Yudhuyono was being feted globally for being a democrat, the Indonesian government was entrenching Papua’s reputation as Indonesia’s last bastion of authoritarian military rule.

But the Indonesian government’s restriction of access to West Papua is not just confined to grassroots international nonviolence organisations. Jakarta is even willing to snub the US government. In late 2010 the US Ambassador, Scott Marciel asked the Indonesian government if staff from the Embassy could observe the trial of three soldiers involved in torturing Papuan civilians. The torture, which including burning a man’s genitals with a stick, was filmed on a mobile phone camera and leaked to transnational human rights networks. When the footage was uploaded on to YouTube and featured on domestic and international news networks it generated massive moral outrage not just internationally but inside Indonesia as well. When the trial went ahead last month, Mr. Marciel was notified by the Indonesian government only 24 hours beforehand, not enough time to apply for a surat jalan, a letter of permission to travel to West Papua required by the Indonesian government. It was not an official denial from the Indonesian government but it may as well have been.

The Indonesian government is blocking access for all those who want to shine a light into West Papua. The problem for the Indonesian president, Susilo Bambang Yudhuyono is that he has allowed the Indonesian intelligence services to dominate decision-making processes in West Papua. The intelligence services determine who gets access into West Papua and who does not. They are the ones who assess the applications of foreign NGOs, journalists and even diplomats who want to travel to West Papua. Access to West Papua should be subjected to the rule of law and not to surveillance principles. If democracy and rule of law was present in West Papua, the surat jalan regime would be abolished altogether.

The Indonesian government cannot have it both ways. The human rights situation in West Papua cannot be fine while at the same time the Indonesian government and its intelligence and security forces insist the territory is off limits to foreigners. Either human rights are respected in West Papua or they are not. The closure of PBI in Indonesia only sharpens the international community’s perception that the Indonesian government has something to hide in West Papua.

Jason MacLeod worked for the PBI Indonesia Project from 2000 to 2004. He teaches civil resistance at the University of Queensland.

A Veil of Silence is Killing Papua

A Veil of Silence is Killing Papua

from http://unitingworld.org.au/blogs/blog/2010/12/22/a-veil-of-silence-is-killing-papua-2/

December 22nd, 2010

John Barr
By John Barr

Isak Jeksen Mebri shot dead by an Indonesian soldier in Wutung border area with Papua New Guinea on 11th February; an estimated 30 people killed in the Paniai Regency in July: a journalist, Ardiansyah Matrais, found dead in  a river near Merauke on 27th July; Naftali Kwan and Septinus Kwan shot dead by Police Mobile Brigade in Manokwari on 16th September; video footage obtained in October showing the torture of Papuans by the Indonesian military in the Tingginambut area; Ismail Lokobal found dead from a bullet wound after police shoot indiscriminately and Amos Wetibo shot dead in the head after refusing to get down from a police vehicle in Wamena on 4th October; 29 homes burned in Brigiragi Village in Puncak Jaya by officers of the Police Mobile Brigade on 11th October – and the list goes on.

Violence against the local population continues in Papua, the most eastern part of Indonesia and few people are held accountable.

Komnas HAM is the National Human Rights Commission in Indonesia and its report on the human rights situation in the Land of Papua (commonly known as West Papua) is disturbing reading. Matius Murib, Vice Chair in Papua, highlights a serious scenario where Papuans continue to suffer human rights violations at the hands of the Indonesian military and police.

“The actors most responsible are not held accountable” says Matius. Indeed, law enforcers and military officers operating in many parts of Papua gain impunity due a lack of media and public exposure. Arbitrary detention of protesters and sexual violence against women is common. Community leaders and their families are harassed and threatened. People live in constant fear.

Papua rarely makes the news. This is because media is restricted and international scrutiny is minimal. Much has changed in the rest of Indonesia in recent years with the process of “reformasi” and real progress towards democracy. These developments deserve recognition and significant praise.

But things remain the same in Papua. Little has changed since the days of Suharto and his “New Order” regime. The military are in control and no-one appears to be answerable to the violence that is continually inflicted on locals.

A veil of silence encircles Papua and justice appears to be as aloof as ever. The Papuans I know fear the future. Effectively, they are experiencing a slow death.

This is simply not good enough. The world must take note!

AHRC: Killing of a journalist in Papua explained as suicide by local police

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-128-2010

8 September 2010
——————————————————
INDONESIA: Killing of a journalist in Papua explained as suicide by local police

ISSUES: Human rights defenders; freedom of expression; extrajudicial killings
——————————————————

Dear friends,

The Asian Human Rights Commission has been informed about the killing of a journalist and human rights defender in Merauke, Papua, Indonesia. Mr. Ardiansyah Matra’is (25 years old) was found dead on July 30, 2010 floating naked in the Maro River after he disappeared two days previously. Several journalists received intimidating SMS (short message service) in the weeks before the killing. Unofficial police reports have indicated that his ribs were broken and his lungs filled with water.

CASE NARRATIVE: (according to information received from Foker LSM – NGO Forum for Coorperation in Papua)

In the late evening of July 28, 2010 Mr. Matra’is was reported missing after his wife had not seen him returning home all day. After the police was informed, a special team searched for him for two days. They had only found his helmet and motorbike parked near the Waliwali Tujuh Bridge on the Maro River. At 7 am on July 30, 2010, fishermen found his naked corpse floating near the Dermaga Gudang Arang Warehouse, Merauke. (warning: this image is graphic in detail. Photo of Mr. Matra’is body as it was found in the river). The body was brought to the hospital and identified by his family. The first formal autopsy result did not acknowledge any signs of violence while according to an informal notice from the District Police the lungs were filled with water and two ribs were broken which indicates the use of physical violence. The regional police announced the conduct of a second autopsy at a different location, to which several of Mr. Matra’is organs were sent.

The bridge where Mr. Matra’is motorbike was found is a popular place where locals frequently go for recreation to enjoy the scenery. Mr. Matra’is was known to have often visited for taking photos near the bridge where his motorbike was found. The Police chief of Merauke, Djoko AKBP Prihadi SH concluded this case to be a suicide based on interviews with the victim’s family and colleagues and the evidence on the bridge and the first autopsy report by the local district hospital. According to the police the suicide would have been committed as a result of the stress that he must have experienced from the daily work as a journalist.

(photos’ source: http://kebebasan-kebebasancom.blogspot.com)

Journalist work and intimidation

(according to information received from the local journalists community)

Mr. Matra’is had been working as a journalist for several years including for the national private TV channel ANTV. He joined http://www.tabloidjubi.com, a Papuan civil society media in May 2009. After he published a video about illegal timber mining in Keerom, several journalists received intimidating messages. Following the increasing threats Mr. Matra’is temporarily left Jayapura, his place of work at that time. He continued to feel intimidated and often reported to have been followed by unidentified persons. Colleagues reported that he had received SMS threatening the security of his children. Months later Mr. Matra’is worked with a local TV station in Merauke.

Journalists are reported to have frequently received threats in the period before Mr. Matra’is’ killing. The threats are allegedly related to local elections in which a large scale food estate project with international investors became the subject of controversy. For example, a fellow journalist received the following message, “To the coward journalists: never play with fire if you don’t want to be burned. If you still want to make a living on this land, don’t do weird things. We have data on all of you and be prepared for death.”

SUGGESTED ACTION:
Please write letters to the concerned authorities below requesting them to conduct a thorough investigation into the victim’s death. The intimidation against other journalists should also be investigated and pursued.

The AHRC has also written letters to the Special Rapporteurs on extrajudicial, summary or arbitrary executions and on the promotion and protection of the right to freedom of opinion and expression for their intervention.

SAMPLE LETTER:

Dear __________,

INDONESIA: Short title describing the type of violation

Name of victim: Mr. Ardiansyah Matra’is (25 years old)
Date of incident: July 28, 2010
Place of incident: Maro River, Merauke, Papua

I am writing to voice my deep concern regarding the death of Mr. Ardiansyah Matra’is, a journalist and human rights defender in Papua.

In the late evening of July 28, 2010 Mr. Matra’is was reported missing after his wife had not seen him returning home all day. After the police was informed, a special team searched for him for two days but only found his helmet and motorbike parked near the Waliwali Tujuh Bridge at the Maro River. At 7 am on July 30, 2010, fishermen found his naked corpse floating near the Dermaga Gudang Arang Warehouse, Merauke. The first formal autopsy result did not acknowledge any signs of violence while according to an informal notice from the District Police the lungs were filled with water and two ribs were broken which indicates the use of physical violence. The regional police announced the conduct of a second autopsy at a different location, to which several of Mr. Matra’is organs were sent.

Mr. Matra’is as well as other journalists in Merauke received intimidating messages via SMS (short message service) in recent months. Many see them related to local elections as well as other critical activities of journalist in Papua. The heavy military presence and the ongoing corruption had since been the serious obstacles for the region to sustainably develop and results in ongoing human rights violations and aggravates social tensions. The free and critical work of the media is central to the development in the region.

I request you to conduct a thorough investigation of the killing of Mr. Matra’is, as well as the intimidation against journalists in Merauke and other areas in Papua. I would like to point out that strongest action needs to be taken in accordance with law to ensure the safety of all journalists, the freedom of the press and the freedom of expression in Papua.

I am calling for your intervention into the case to ensure an independent and qualified investigation in the killing of Mr. Matra’is as well as into the intimidating climate for journalists in Merauke.

Yours sincerely,

—————-
PLEASE SEND YOUR LETTERS TO:

1. Drs.Bekto. Suprato. M.Si
Head of Police Area Headquarters Jayapura, Papua province
Jl. Samratulangi No. 8 Jayapura
INDONESIA
Tel: + 62 0967 531014
Fax: +62 0967 533763

2. Gen. Bambang Hendarso Danuri
Chief of National Police
Jl. Trunojoyo No. 3
Jakarta Selatan
INDONESIA
Fax: +62 21 720 7277

3. R. Widyopramono SH,M.Hum
District Attorney Papua
Kejaksaan Tinggi Papua
Jl. Anggrek No.6 Tj. Ria Jayapura
INDONESIA

4. Paulus Waterpauw
Director of the Criminal Unit
Papua Regional Police
Jl. Samratulangi
No. 8 Jayapura
INDONESIA

5. Mr. Susilo Bambang Yudoyono
President
Republic of Indonesia
Presidential Palace
Jl. Medan Merdeka Utara
Jakarta Pusat 10010
INDONESIA
Fax: + 62 21 231 41 38, 345 2685, 345 7782

6. Mr. Ifdhal Kasim
Chairperson
KOMNAS HAM (National Human Rights Commission)
Jl. Latuharhary No. 4B Menteng
Jakarta Pusat 10310
INDONESIA
Fax: +62 21 3151042/3925227

Thank you.

Urgent Appeals Programme (ua@ahrc.asia)
Indonesia Desk (indonesia@ahrc.asia)
Asian Human Rights Commission

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AJI to continue investigating the murder of Ardiansyah

Bintang Papua, 31 August 2010

AJI to continue investigating the murder of Ardiansyah

Following the investigations which were undertaken by the Jayapura branch of AJI (Aliansi Jurnalis Indonesia) into the death of the journalist Ardiansyah Matra’is, the national AJI is planning to undertake a more thorough investigation into the case.

A member of the central board of AJI, Eko Matyadi, who is responsible for advocacy, said he would be flying to Merauke the following day. Besides trying to discover more data about the death, he will seek to verify the earlier results of AJI’s investigations that the journalist’s death was not due to natural causes.

‘Although no autopsy is available yet from the police, our findings are that he did not die of natural courses; There were signs of injuries on his body that were the result of violence. This is what we what to confirm.’

He said that his organisation was coordinating with the police about their trip to Merauke.

He stressed that the state must accept responsibility for investigating the death of a journalist because journalists are citizens just like other citizens. ‘Jouranlists are human beings with the same rights to life and for the safeguard of their personal security,’ he said.

Meanwhile, Victor Mambor, the chairman of AJI in Jayapura, said that AJI will continue to insist on the four demands made recently to the police in Papua, calling on them to be more serious in their investigations of the death of Ardinasyah. Victor also expressed regret that a statement by PWI on behalf of Papuan journalists had apologised to the police for the peaceful action by Journalists Solidarity on 23 August.’While there is no issue between AJI as an institution and the PWI, for me personally there is still an issue to be resolved.’

He said that the demonstration to the Papuan police was well within the constitutional rights of all citizens of the state, there had been no violation of the law, while actions undertaken by journalists in solidarity with their professional colleagues were entitled to the protection of the law.’

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