Tag: nonviolent action

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.

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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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Large rally against torture held Serui; Police confiscate rally equipment, then apologise to organisers

by Nick Chesterfield, Ronny Kareni; local sources for West Papua Media team

Serui, Thursday, June 23, 2011

Indonesian police in Serui, off the north coast of West Papua, this morning have forcefully confiscated banners, Morning Star flags, amplifiers and other rally paraphernalia from West Papuan protestors, before allowing a major rally against torture to go ahead. Despite providing police with significant notice, organisers of today’s rallies have met with inconsistent police policy in allowing legitimate peaceful expression to occur.

The rallies are being held by the West Papua National Authority (WPNA) to express opposition to institutionalised Indonesian security force torture and maltreatment of West Papuan people, and against the continuing criminalisation of legitimate peaceful dissent.  It is also to support efforts in Washington DC for West Papua by Torture Abolition and Survivors Support Coalition (TASSC) including seminars, a Vigil to End Torture in front of the White House, and Congressional Briefings on Capitol Hill.  The rally had been planned to conduct a traditional long march or “jigjog” to the offices of the DPRD, the Papuan Provincial Parliament.

Police in Serui conducted security sweeps of the area from 8 to 10 pm last night.  “This is a usual sweeping that security forces do for security measures prior to an event”. said Pak Eddy, the head of intelligence for the police (KAINTEL POLRES) in Serui said via phone to West Papua Media.

At 8am this morning, rally organisers were visited by two uniformed Papuan police officers, who told WPNA Serui Governor David Abon to cancel the long march from Wombai Park to the DPRD office. Instead, they instructed Abon to drop people with trucks to the office, but stated firmly that Police “will not provide security for the protesters, nor guarantee their safety”.

Rally organisers expressed fears that this would be a prelude for police standing down in the face of militia or military violence, and were perturbed that the police would abrogate its State Responsibility for providing security for civilians engaging in legitimate peaceful expression.   The Indonesian police has a long and regular history of standing to one side while military or military controlled civilian groups conduct serious acts of violence against political or religious opposition, such as with East Timor, in West Papua, and more recently against the Ahmadiyah.  However, neither the WPNA nor Police have shared any specific intelligence about pro-Jakarta militia mobilisations, despite the local presence of both the Laskar Merah Putih, and the newly formed Euricio Guterres / Bas Suebu militia, ASWAIN.

Over 1000 people had begun to gather at Wombai Park, Serui, on Thursday morning in preparation for the long march and listen to speeches and music.  At 10:00am, as people were meeting to discuss security situation and day’s plans, one company (150 police) of local Police present at Wombai confiscated with force a truck, Morning Star flags and material (like bags and beanies), amplifiers, and four banners. Due to the speed and force used, people at the park were subject to mounting fear, and were uncertain for their safety.

KAINTEL Eddy told the crowd,  “Don’t bring flags or banners to the rally, but rally can still go ahead”.  This action was is contravention to the rights of people to engage in free cultural expression.

The crowd then dispersed peacefully from Wombai and made its way to the DPRD office.  Over 200 armed Gegana paramilitary motorbike police are in attendance, as are two companies of normal police.

WPNA Security is still on high alert against agents provocateur, and has clear line of communication open to prevent escalation with both Pak Eddy and the KAPOLRES (Regency level Chief of Police, currently in Jayapura).

In Mantembu at midday, prior to that march joining with the main rally, Police attempted to shut down the march, and again seized banners that displayed the Morning Star symbol.  An intense vocal confrontation between WPNA and Police ensued, but negotiations with Police successfully agreed the rally to be continued until 4pm.

” We will provide the safety and security of all the participants”, said Terrianus Israel Yoku, National Congress President of WPNA.   “We want to freely exercise our rights to freedom of assembly, and we ask for security forces to respect the rights of West Papuans to voice our concerns”, said Yoku.

“Even though the security forces stop trucks and confiscate morning star flags, banners and amplifiers, it wont stop us marching in peace” said David Abon, govenor of Yapen Waropen.

The Kapolres and KAINTEL POLRES apologised to Reverend Yoku, WPNA, for the confiscation of items and the force that was used against demonstrators this morning.

Participants from Wombai joined with the 500 Mantembu marchers, who then joined over 3000 people already gathered at DPRD.  Delegations also came from Sorong, Manokwari, Jayapura, Fak Fak, Bintuni, Waropen, and Mamberamo.  Over 5000 people stayed upon the steps of the DPRD office listening to speeches and music.

“A Salute to everyone who made the decision to participate in this long march for peace and justice in West Papua. This is an act of working together in support of what is happening in Australia and Washington to speak out on the ongoing torture and issues towards indigenous West Papuans”,  said Jacob Rumbiak, WPNA Foreign Affairs Coordinator, in Australia.

“Today, the international advocates are monitoring the situation in West Papua, especially in Serui, and we ask the Indonesian security forces to respect the rally and allow every West Papuans to freely exercise their freedom of expression and freedom assembly”, said Terry Bukorpioper, WPNA’s designated spokesperson to the UN.

At time of writing,  close to 5000 people joined on the steps of DPRD in a closing prayer with Reverend Phil Ayeni to peacefully end the rally.

West Papua Media will continue to monitor the situation closely, and provide timely updates.
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THOUSANDS OF INDIGENOUS WEST PAPUANS TO GATHER IN SERUI TO SUPPORT WEST PAPUA NATIONAL AUTHORITY (WPNA) AT TASSC ‘ABOLISH TORTURE WEEK’ IN WASHINGTON DC

by West Papua National Authority Foreign Affairs office

David Abon, Governor of the West Papua National Authority in Yapen-Waropen-Mamberano, says that having two representatives in Washington participating in ABOLISH TORTURE WEEK in Washington DC is a source of inspiration for all West Papuans.

Herman Wainggai has been invited by the Coalition of International Torture Abolition and Survivors Support (TASSC) to participate in its seminars at George Washington University and Catholic University of America, a Vigil to End Torture in front of the White House, and Congressional Briefings on Capital Hill.

“Herman’s presence at this international gathering shows the world that West Papua’s independence is an international issue, and well beyond the capacity of the Indonesian government to deal with” said Mr Abon in Serui.

“When the US Congress hears about the latest Indonesian military activities in West Papua, they will be listening closely” said Rev. Terrianus Yoku, President of WPNA Congress, as thousands welcomed him in Serui for the rally today.

In the distinguished tradition of non-violence, the WPNA rally in Serui on begins with a long march (called “jigjog” in local slang) from Wombai Park on the beach to the People Representatives Office (DPRD).

“All West Papuans want is justice and democracy” said WPNA’s Jacob Rumbiak in Australia, himself a victim of torture and long-term incarceration. “Is President Yudhoyono brave enough to follow President Obama’s signature on self-determination for Puerto Ricans”.

“Releasing our political prisoners would be a good start” he added.

RALLY INTERVIEWS:  contact details for on ground spokespeople available to bona fide journalists – please contact West Papua Media on +61450079106 or editor<@>westpapuamedia.info .  West Papua Media will be be monitoring the situation closely.

CORRECTION: AN EARLIER POST SAID THAT KNPB (KOMITE NASIONAL PAPUA BARAT) WILL ALSO BE HOLDING RALLIES IN JAYAPURA IN CONJUNCTION WITH THESE DEMOS.  WE HAVE BEEN ADVISED THAT THIS IS INCORRECT, HOWEVER PLEASE STAY TUNED FOR UPDATES FOR KNPB ACTIONS.

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Seven more Papuans facing charges of makar

According to two reports in the tabloid, JUBI on 16 June 2011, there are seven Papuans currently on trial on charges of makar – subversion. In all these cases, the allegations relate to their participation in an event to commemorate the anniversary of the independence of the West Melanesian Republic on 14 December 2010 and their holding aloft the 14-star flag of the West Melanesian Republic. [This is not the Morning Star flag – the kejora – which is also frequently unfurled at peaceful demonstrations in Papua and has landed numerous Papuans in prison over many years.]

The first report relates to the trial of five students of UNIPA – State University of Papua. The five students are Jhon Raweyai, Yance Sekenyap, Penehas Sorongan, Alex Duwiri and Jhon Wilson Wader, whose ordeal in court has now entered its second hearing.

At this hearing, the defendants and their team of lawyers were given the opportunity to submit their demurrers challenging the court’s right to proceed with the trial. Their lawyer Simon Riziard Banundi said that he had submitted two demurrers as the five students were being tried in two groups.

The trial of the two other Papuans on charges of subversion was unable to proceed because three expert witnesses who had been called by the prosecution had failed to appear as promised. These two men, Melkianus Bleskadit and Dance Yenu are also being defended by Simon Riziard Banundi. Banundi sought clarification at the hearing about whether indeed the witnesses had been summoned as the prosecutors had failed to present copies of the summons sent to them. One of the witnesses was said to be ill while no explanation was given about the absence of the other two.

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Open Letter – FREE YOUTH ACTIVISTS AND RESPECT HUMAN RIGHTS OF THE PEOPLE OF WEST PAPUA

A Open Letter

 

To the Government of Indonesia, Indonesian Youth Activists, Indonesian Human Rights Defenders and Organisations, and the People of West Papua. 

RE: FREE YOUTH ACTIVISTS AND RESPECT HUMAN RIGHTS OF THE PEOPLE OF WEST PAPUA

A collection Youth/Human Rights Organisations and Advocates based in Fiji (and across Oceania) are concerned with the continued suppression of witnesses and the media regarding the imprisonment and secret court proceedings surrounding the arrest of 5 youth activists arrested on December 17th 2010 for raising the West Papua Liberation Flag.

Five youth activists Jhon Wenda, George Rawiay, Benha Supanga, Alex Duwe, and Iyance have been charged under Article 106 and 110 of the Indonesian Criminal Code.

Some 200 people took part in a peaceful ceremony outside Manokwari in December 2010, during which the Morning Star flag, a symbol of Papuan independence, was raised in commemoration of the declaration of Papuan independence in 1962.  When the flag was raised, Indonesian Military advanced on the crowd, firing shots and beating people with batons.

We have been advised by colleagues within the West Papua Liberation Movement that the health of these 5 youth activist and safety after been detained since December 2010 is of serious concern. They also noted the media censorship on the case and how many witnesses are afraid to testify because of further repression. We have also been told that a heighten sense of fear has been fueled by the continued presence of a 1000 plus military presence in the province of Manokwari that were ordered into the area.

Human Rights and the protection of activists or defenders of these rights must be respected if we are to allow peace to exist in West Papua. Indonesia as a State signatory to the Universal Declaration of Human Rights and many other Human Rights Instruments should see its role in the protection and advancement of Human Rights, Media Freedom, Civil and Political Rights of all peoples they claim to govern.

Indonesia was re-elected this year into the UN Human Rights Council for the period 2011-2014, which is an inter-governmental body within the UN system made up of 47 States responsible for strengthening the promotion and protection of human rights around the globe. Indonesia’s own human rights record has recently been brought to the forefront and we remind State parties of their obligations to ensure citizens are treated with dignity regardless of ethnicity, age or political opinion.

We urge the Indonesian President and Government of Indonesia, Indonesian Human Rights Organisations and all stakeholders  to intervene and ensure the release of the 5 youth activists and to make a public commitment that there will be no further arrests of individuals purely for the peaceful exercise of their right to freedom of expression, opinion, belief or association.  Specifically, we seek to ensure that laws concerning “rebellion” (Articles 106 and 110 of the Indonesian Criminal Code) are not used against people who have engagedonly in peaceful activities.

As we do not seek to advocate a particular position on the political status ofWest Papua, We believe the right to freedom of expression includes the right to peacefully advocate referenda, independence or other political solutions under a free media.  These rights must be upheld and respected.

Signed 

 

Peter Waqavonovono

Young Peoples Concerned Network

Suva, Fiji

 

Sharon Bhagwan-Rolls

FemlinkPacific

Suva, Fiji 

 

Filomena Tuivanualevu

Youth Coalition Fiji

(Former Ms Fiji) 

Suva, Fiji

Merewalesi Nailatikau

Youth Assembly of the Fiji Islands

(Former Ms South Pacific/Fiji) 

 

Veena Singh Bryar

FemlinkPacific

Suva, Fiji 

 

Melei MeleiTuvalu National Youth Council

 

Samuela Vadei

Western Youth United

Lautoka, Fiji

 

Felicity Dronavanua

Change Makers Youth Club

Savusavu, Fiji

 

Siosiua Po’oi Pohiva

 Friendly Islands Human Rights and Democracy Movement Inc

Nukualofa, Tonga 

 

John Tabeo

Rabi Youth Club

Rabi, Fiji  

 

Reginald Prasad

DAWG Youth Club

Labasa, Fiji

 

O A’U ( Oceania Audacities United)

Long Beach, California

‘Amelia Niumeitolu

 

Kris Prasad

Drodrolagi Movement

Suva, Fiji

 

Peni Moore

Womens Action for Change

Suva, Fiji

 

Seona Smiles

Writer

Suva, Fiji

 

Ester Grace

Soccer Initiatives for Girls

Ba, Fiji

 

Discombobulated Bubu

Democracy Advocate – Libertarian,

Fiji

 

Samuel Bird

Malaita Youth Club

Solomon Islands

 

Dennis Mekai

Vanuaku Youth Club

Santo, Vanuatu

 

Frank Lagi

Komas Bahai Youth

Honiara, Solomon Islands 

 

Sepesa Sigatokacake Rasili

Men Fiji

Suva, Fiji

 

Noelene Nabulivou

Fiji/Australia

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