Tag: Papua

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.

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IRONIC SURVIVAL: Surviving MIFEE

Alex Mahuze is a Malind tribesman and a sago farmer in Merauke. His clan has for generations lived in harmony with nature. The arrival of the Merauke Integrated Food and Energy Estate (MIFEE) program has forced him to earn money through other means, which ironically harms the environment. He lost his lands and his culture is threatened, but Alex fights on.

[vimeo http://www.vimeo.com/29128486 w=500&h=400]

Originally at EngageMedia: engagemedia.org/​Members/​papuanvoicesmerauke/​videos/​ironic_survival/​view

Re-uploaded by westpapuamedia as courtesy to Papuan Voices Merauke and EngageMedia: EngageMedia cannot share effectively due to software restrictions in embedding iframes across many platforms. This is temporary fix to help get it out further.

video information
produced by Papuan Voices [Merauke}
contact write the producer
produced Sep 15, 2011
distributor Papuan Voices [Merauke}

* Sago, or Metroxylon sagu is a species of palm in the genus Metroxylon. It tolerates a wide variety of soils and may reach 30 meters in height. Several other species of the genus metroxylon, particularly metroxylon salomonense and metroxylon amicarum, are also used as sources of sago through Melanesia and Micronesia. In addition to its use as a food source, the leaves and spathe of the sago palm are used for construction materials and for thatching roofs, and the fibre can be made into rope.

* Merauke Integrated Food and Energy Estate – MIFEE – was announced on 18 February 2010 by the former Bupati of Merauke, J.G Gebze and officially launched on 11 August 2010 by the Minister of Agriculture, Siswono Yodohusodo on behalf of the Indonesian President. The project involves 36 investors, 13 of whom are already operating in the area. MIFEE covers an area of 2.5 million hectares and plans to bring into the area a work force of four million people.

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Warinussy on the politics behind the recent conflicts in Papua

Bintang Papua, 14 September 2011Manokwari: Yan Christian Warinussy, a Papuan human rights lawyer and executive direction of LP3BH, believes that the road leading toward dialogue between Papua and Indonesia has become clearer in the past few months.

The recent escalation of violence in various parts of the Land of Papua. such as Jayapura, Biak, Nabire and Manokwari as well as the Central Highlands will not dampen the aspirations of the indigenous Papuan people, that which were proclaimed in the Papuan Peace Declaration drawn up at the Papuan Peace Conference held by the Papuan Peace Network (Jaringan Damai Papua) on 5-6 July this year in Jayapura.’From the record of conflicts that have occurred in the Land of Papua up to the present day, I have been able as a human rights activist to reach a better understanding of the specific characteristics and background of the reasons for the various violent conflicts that have occurred in the Land of Papua recently. Moreover, we now know who the persons who having been plotting these incidents are, along with their political purposes. All this has helped us to understand the motivation behind these strange incidents which has made it possible for us to draw conclusions about who it is who is behind all these criminal incidents,’ said Warinussy.

Each of these incidents has occurred without leaving any trace of who was involved. This impression has been further strengthened by the fact that the police force throughout the land of Papua have been unable to identify who was behind each incident. It is also apparent that  the police have been unable to discover any significant evidence to reveal the perpetrators of these incidents.

In fact, he went on to say, each of these incidents have occurred without anything left behind that might help to identify the perpetrators. This would suggest that the criminal perpetrators are part of  a special unit that have undergone intensive training  and have been trained even to commit murders without leaving a single trace and in this way make it difficult for the police to conduct any criminal investigations. These crimes  have resulted in the Papuan people feeling more afraid to take actions in conformity with their rights to freedom of expression and freedom of opinion.

The intention appears to be to show to the central and local governments and to the international community that the security situation in West Papua is not safe because of the presence of the TPN/OPM. Yet, we have heard nothing at all from the TPN/OPM about who they think are behind these recent incidents. This has been aimed at thwarting the deeply felt aspirations of the indigenous people for dialogue with the Indonesian government.

Vested interests in the Land of Papua have for years pursued a strategy  within the context of development and general governance aimed at causing frictions  between those vested interests. This is something that needs to be discussed openly between all those involved, including the indigenous Papuan people, in order to find a peaceful solution and realise the aspirations for a Papuan land of peace as quickly as possible.

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AHRC: Manokwari court sentences two Papuan activists in flawed trial

Urgent Appeal Update: AHRC-UAU-041-2011

15 September 2011

[RE: AHRC-UAC-117-2011: Police ill-treats peaceful protesters and forces rebellion charges in a flawed process]
———————————————————————
INDONESIA: Manokwari court sentences two Papuan activists in flawed trial

ISSUES: Freedom of expression; right to fair trial
———————————————————————

Dear friends,

The Manokwari district court in West Papua has sentenced two peaceful activists to seven and a half months and two years imprisonment respectively. The trial was characterised by a series of violations of the Indonesian criminal procedure and appeared to be politicised and biased. The victims had participated in a peaceful protest in December 2010. The Manokwari Court ignored several basic rights of the accused and the verdict was given despite the lack of sufficient evidence. Five more victims are still undergoing their trial process.

UPDATED INFORMATION:

On 14 December 2010, seven persons were charged with rebellion after they conducted a peaceful protest following a flag raising event. At the correctional facility, they were ill-treated and denied medical care for weeks resulting in serious health conditions. The AHRC issued this urgent appeal regarding their case.

The AHRC has now received information from LP3BH, a local legal aid group in Manokwari that the judges panel led by Cita Savitri, issued the verdict that two of the peaceful protesters, Melki Bleskadit (also known as Melkianus Bleskadit) and Daniel Yenu, were guilty of acts of rebellion, while the other accused are still undergoing the trial process. (photos:Daniel Yenu (left) and Melki Bleskadit (right) in court, source:LP3BH)

On 18 August 2011, the verdict against Mr. Bleskadit was declared and he was sentenced to two years imprisonment. The AHRC also learned that the verdicts were declared based on flawed testimonies. At the trial of both victims, no witnesses to the alleged crime were presented and the judges declared a testimony from a person who had not seen, heard or experienced the incident as sufficient evidence for a criminal conviction. According to article 1.26 and 1.27 of the Indonesian criminal procedure law (Law 8/1981) such a person is not permitted to be a witness in a trial. Responding to the two year sentence, the public prosecutor, Mudeng Sumaila submitted an appeal, demanding a higher sentence of five years. (photo: public prosecutor at Yenu’s trial source:LP3BH)

On 23 August 2011, Mr. Yenu was convicted to seven months and 16 days imprisonment. At Mr. Yenu’s trial, the judge also convicted the suspect in a trial based on flawed procedure. For example, according to the victim’s lawyer the prosecutor successfully present fabricated evidence such as a megaphone that was not actually used by Mr. Yenu. On 16 August 2011, the judge forced Mr. Yenu to appear before the court trial session without access to his lawyer.

On 19 August 2011, the judges refused the request of Mr. Yenu’s legal counsel to submit the plea to the court, although the Indonesia’s criminal code in article 182.1b entitles the suspect to submit such a plea.

The AHRC is very concerned that local authorities in West Papua frequently apply rebellion charges to peaceful Papuan activists and sentence them in flawed processes that lack proper evidence. The Police, prosecution and judges have thus shown serious disregard for the basic criminal procedure standards and fundamental principles of rule of law. The verdict in this case appears to be quite blatantly fabricated. The AHRC deplores the dysfunction and apparent politicisation of courts in West Papua as this leaves people without access to the law-based and impartial justice mechanisms, they are entitled to. (photo: judges at Yenu’s trial, source:LP3BH)

SUGGESTED ACTION:
Please join us in writing to the authorities listed below, asking them to thoroughly review and examine the trial process against Mr. Bleskadit and. Mr. Yenu and to review the criminal code application against the peaceful expression of opinion.

Please be informed that the AHRC is sending letters on this case to the and protection of the right to freedom of opinion and expression, the Special Rapporteur on the rights of indigenous peoples, and the Special Rapporteur on the independence of judges and lawyers calling for their interventions.

To support this appeal, please click here:

SAMPLE LETTER:

Dear ___________,

INDONESIA: Manokwari court sentences two Papuan activists in flawed trial

Name of victim: Melki Bleskadit, Daniel Yenu
Names of alleged perpetrators: The examining judges, Cita Savitri, I Gusti Ngurah Taruna W and Helmin Somalay
Date of incident: August 2011
Place of incident: Manokwari District Court

I am writing to voice my deep concern regarding the verdict against two Papuan activists, who were sentenced to imprisonment for conducting a peaceful protest in December 2010.

I know that on 14 December 2010, seven persons were charged with rebellion after they conducted a peaceful protest following a flag raising event. At the correctional facility, they were ill-treated and denied medical care for weeks resulting in serious health conditions.

I have receive information that the judges panel led by Cita Savitri, declared the verdict that two of the peaceful protesters, Melki Bleskadit and Daniel Yenu, were guilty for acts of rebellion, while the other five victims are still undergoing their trial process.

On 18 August 2011, the verdict against Mr. Bleskadit was declared and he was sentenced to two years imprisonment. The AHRC also learned that the verdicts were declared based on flawed testimonies. At the trial of both victims, no witnesses of the alleged crime were presented and the judges declared a testimony from a person who had not seen, heard or experienced the incident as sufficient evidence for a criminal conviction. According to article 1.26 and 1.27 of the Indonesian criminal procedure law (Law 8/1981) such a person is not permitted as a witness in trials. Responding to the two year sentence, the public prosecutor, Mudeng Sumaila submitted an appeal, demanding a higher sentence of five years.

On 23 August 2011, Mr. Yenu was convicted to seven months and 16 days imprisonment. At Mr. Yenu’s trial, the judge also convicted the suspect in a trial based on flawed procedure. For example, according to the victim’s lawyer the prosecutor successfully present fabricated evidence such as a megaphone that was not actually used by Mr. Yenu. On 16 August 2011, the judge forced Mr. Yenu to appear before the court trial session without access to his lawyer.

I learned that on 19 August 2011, the judges refused the request of Mr. Yenu’s legal counsel to submit the plea to the court, although the Indonesia’s criminal code in article 182.1b entitles the suspect to submit a plea to the court.

I am very disturbed to hear that local authorities in West Papua frequently apply rebellion charges to peaceful Papuan activists and sentence them in flawed processes that lack proper evidence. The police, prosecution and judges have thus shown serious disregard for the basic criminal procedure standards and fundamental principles of rule of law in this case. The verdict appears to be fabricated and I am very concerned about the impartiality of the local courts and their disregard for Indonesian criminal procedure.

Therefore, I urge you to review and examine the trial process of both victims. The authorities concerned should look into the victim’s allegations of procedural failures in the local institutions and the ongoing lack of intervention – as far as I am aware – following the victims earlier complaints. The principle of fair trial as required by international and national law must be applied in the appeal’s process in the case of Mr. Bleskadit, Mr. Yenu and the ongoing trials of the other five accused.

Yours sincerely,

—————-
PLEASE SEND YOUR LETTERS TO:

1. Mr. Susilo Bambang Yudhoyono
The President of Indonesia
Jl. Veteran No. 16
Jakarta Pusat
Indonesia
Phone : +62 21 3863777, 3503088.
Fax : +62 21 3442223

2. Head of National Commission on Human Rights of Indonesia
Jalan Latuharhary No.4-B,
Jakarta 10310
Indonesia
Phone: +62 21 392 5227-30
Fax: +62 21 392 5227
Email : info@komnas.go.id

3. Office of The Anti Judicial Mafia Task Force (Satgas)
PO Box 9949
Jakarta 10 000
INDONESIA
Contact on website: http://www.satgas-pmh.go.id/?q=node/157

4. Chief Justice of the Republic of Indonesia
Mahkamah Agung
Jalan Medan Merdeka Utara No.9-13, Jakarta 10110
INDONESIA
Phone: +62 21 3843557 -3453348
Fax: +62 21 383541

5. Chairman of Judicial Commission
Komisi Yudisial Republik Indonesia
Jl. Kramat Raya No. 57, Jakarta Pusat
INDONESIA
Phone: +62 21 3905455;
Fax: +62 21 3905455;
Email: kyri@komisiyudisial.go.id

6. Head of Manokwari District Court
Jl. Merdeka No. 69
Nabire, Jayapura 98815
INDONESIA
Phone: +62 984 21007
Fax: +62 984 24087

7. Head of Jayapura High Court
Jl. Tanjung Ria No. 98. Base “G”
Jayapura 99117
INDONESIA
Phone: +62 967 541045, 541443, 541248
Fax: +62 967 541045

Yours sincerely,

Thank you.

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

 

 

 

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LP3BP protests after TV journalist beaten by local district chief in South Sorong

JUBI, 9 September 2011

Once again, violence has been used in Papua, this time against a television journalist  working for the local TV station in South Sorong, TOP TV. Mufriadi who reports on the district of South Sorong was severely beaten  by the bupati – district chief – of South Sorong in West Papua while covering an assault on the office of the district chief by local people.

‘We received information from Mufriardi by phone who said he had been attacked and beaten by the bupati, Otto Ihalauw and his assistant, Marthen who is a member of the police force, along with four other policemen.,’ Amir Siregar  told the press.

Siregar said that  Ihalauw’s action was a crime and he should be detained by the local police force.’It was a criminal act and he can be detained without waiting for the permission of the President, in accordance with the law on regional governance and guidance for police investigations.’

Siregar said that after Mufriardi was beaten, his handy camera was seized  and he was taken to a room at the bupati’s office for questioning.

Mufriadi  explained that he had  received a request by phone to cover the assault being made on the bupati’s office by people who own traditional rights to the  land .’But as soon as  I arrived, I was summoned by  the bupati’s assistant who is a member of the police force. I was taken to the bupati’s office. The bupati came out of his car and slapped me in the face, after which I was subjected to beating by  his assistants which lasted for about ten minutes.I have no idea why I was beaten  but I was subjected to verbal abuse and then they asked me to write a report along the lines that they wanted.’

Viktor Mambor, chairman of AJI, the Independent Alliance of Journalists in Papua,  said that he would support moves by TOP TV to seek legal action and report the incident to the authorities.

——————

The Executive-Director of LP3BH, the Manokwari-based human rights organisation has made a strong protest against the action by the bupati against Otto Ihalauw. Yan Christian Warinussy described the action of the bupati as a crime which should be investigated in accordance with Law/1981.

He went on to describe the bupati’s action as an act of intimidation against the activities of journalists as stipulated in the law on the press.as well as a crime under the Indonesian Criminal Code. He called on the local police chief to arrest the bupati  and his assistants  as well as the members of the police force who were  involved in the incident.

Such activities should not be allowed to happen again, said Warinussy and he said that speaking on behalf of human rights activists throughout West Papua, he called on the chief of police in South Sorong to take firm action against the criminal actions of the bupati. He said that the people of West Papua should strongly condemn such attempts of officials to take the law into their own hands,

Warinussy also called on DAP, the Customary Council of  Papua  and all components of the Papuan people tocall for those responsible for these criminal acts to be brought to account, because a bad precedent  has been set for the activities of the governments in South Sorong and throughout the province of West Papua.
He said that the governor of West Papua should also report the incident to the minister of the interior, to ensure that the matter in dealt with in accordance with the laws in force. All journalists working in West Papua should give their full support to Mufriadi in this matter.

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