KontraS: Arrest and torture of 13 Papuans have worsened the situation in Papua

(West Papua Media Note: this event also subject to a lengthy and detailed investigation by West Papua Media that will be published in coming days) 

Statement by KontraS on 3 September 2011Arrests and torture of ordinary Papuans by the Police and the Army (Polri/TNI) have worsened situation in PapuaKontraS condemns the appalling practices of torture and criminalisation which were perpetrated by the law enforcement agencies against of a number of Papuan people by the police in Papua. Such activities are a serious violation of their human rights which should be avoided at all costs because they are in breach of a number of legal provisions.

Acts of torture and criminalisation were perpetrated on 31 August, during Lebaran, and occurred early in the morning. when a number violent acts also  took place. These activities were perpetrated against a group of Papuans  and occurred as they were being arrested by the police who were acting in violation of the laws in force. The details of what happened are given in the chronology attached to this statement. [Abridged translation only]

These criminal acts were perpetrated without being credibly justifiable in relation to the allegations being made. We fear that this is part and parcel of the practice of stigmatisation of Papuan people which has been developed by the state apparatus, in particular the police and the army,  in their law enforcement activities.

The practice  of torture is inhumane and is moreover in breach of Law 5/1998 regarding the ratification by Indonesia of the  Convention Against Torture . This means that components of law and the security apparatus, in particular the police, are bound by law to  refrain from such practices  and to punish those who perpetrate such acts (see articles 1 and 2). They are also bound by Law 39/1999 on Basic Human Rights, article 33 of which prohibits the use of torture.

With regard to the police, these acts are also in violation of internal police regulation 8/2009 which clearly prohibits the use of torture.

This latest incident  is an indication of the fact that torture and criminalisation have become integral to police practices when they try to obtain statements (that is to say, confessions) from persons who are suspected of committing crimes. In the second place, this behaviour represents a repetition of previous acts of torture that have occurred in Papua. With regard to the army, they are not entitled to be involved in making such arrests. A year ago, we were all stunned when we saw the brief, amateur video  broadcast on Youtube showing members of Brimob and the army engaged in acts of torture against people alleged to be members of the OPM.

Such practices undermine the confidence of ordinary Papuan people in the police. In the past few months, violent practices have been  spreading throughout Papua  such as  the case of 16 people arrested in 2010 and seven people who were arrested in Manokwari. It is necessary to strengthen the confidence between the government, the various pro-independence groups, civil and customary society  and other elements. It is also necessary to strengthen people’s confidence and respect in the implementation of democratic principles such as the law and human rights. The practise of torture will only make it more difficult to comply with the agenda for peaceful dialogue with Papua.

We therefore call on Kompolnas (the police community) and the National Human Rights Commission to investigate these reported incidents of torture  in Papua. And once sufficient evidence has been found, the perpetrators must be made accountable before the law. This is important in order to show that there is no discrimination in law between Papuan civilians  who are vulnerable to actions by law enforement agencies who are treated like heroes  for taking actions against alleged separatists.

This should also be an occasion for the police to improve their behaviour which has been damaged by the continual practice of torture by members of the police force.

We take this opportunity to remind the President that the continuing lack of clarity in the policy of the government towards Papua is a threat to the security and livelihoods of the Papuan people.

3 September 2011:
Kontras National Executive: Haris Azhar, Co-ordinator.
Kampak (?) Dorus Wakum, Chairperson

A chronology attached to the statement provides details of the place and time of the arrests.

The thirteen arrested persons are alleged to have caused unrest during an Idul Fitri ceremony that was being held on the premises of Brimob. They are alleged to have been involved in shootings in Nafri Kampung which resulted in the deaths of three civilians and one member of the TNI.

During an assault, the police fired shots in the direction of  the Wahno Baptist Church and then confiscated traditional equipment such as arrows, machetes and knives as well as some OPM documents.

The thirteen persons are:

Yawanus Kogoya.
Tinus Wenda
Siki Kogoya
Arinus Wenda
Yusman Kogoya
Mis Kogoya
Bodi Kogoya
Wen Wenda
Denias Kogoya
Ekimar Kogoya
Panius Kogoya
Yeskiel Kogoya
One unidentified person

Police, unprovoked, shoot man in Merauke

A silhouette showing a police officer striking...
Image via Wikipedia

by westpapuamedia.info

Information has been provided to West Papua Media that in an unprovoked attack, an Indonesian police officer shot a West Papuan teenager on on August 30  in Merauke, West Papua.

Activists from the West Papua National Committee (KNPB) in Merauke reported that Benedict Umap, 19, was shot outside the KNPB Secretariat office on  Johar Kelurahan Kelapa street at 1530 by Brigadier Jhon Piter Dias of Merauke Police.

According to witnesses, Umap had been walking back to his house, and was approached by Brigadier Dias without just cause.  Dias fired several shots from his rifle without provocation into Benedict Umap’s left leg, resulting in gunshot wounds and a broken leg.  Umap then scrambled with a broken leg to the Regional General Hospital Merauke assisted by family members who witnessed the shooting.

KNPB Merauke has described the situation as highly tense at this arbitrary and casual act of police brutality, with local residents and Papuan people in Merauke fearful of further police violence.

photos from KNPB Merauke

AWPA: PIF should grant observer status to the territory of West Papua

Australia West Papua Association (Sydney)
Media Release 31 August 2011
 
PIF should grant observer status to the territory of West Papua [1]
At the  42nd Meeting of the Pacific Islands Forum (PIF) to be held in  Auckland next week, AWPA calls on the PIF leaders to grant observer status to  genuine representatives of the West Papuan people who are struggling for their right to self determination.
As more of the Pacific community applies for observer status at the Forum  (Congressman Faleomavaega in a press release on the 8 August thanked   U.S. Secretary of State Hillary Clinton for clearing American Samoa, Guam and CNMI to apply for observer status at the PIF) http://www.house.gov/apps/list/press/as00_faleomavaega/enithankssecretaryclinton.html
surely it is time on the 40th  anniversary  of the PIF  to  bring the  Melanesian people of West Papua back into  the Pacific community.
In its guiding principles the PIF talks about ” the importance of averting the causes of conflict” and how  “Human Rights are a fundamental component of the vision of the Pacific Island Leaders which states that “We see a Pacific region that is respected for the quality of its governance…the full observance of democratic values, and for its defence and promotion of human rights.
Joe Collins of AWPA said West Papua is the one territory in the Pacific  where the  deteriorating human rights situation could lead to  instability  in the region.  The Forum leaders should be concerned about this and do all they  can to help resolve this conflict.  A good start would be to grant observer to those West Papuan representatives who are struggling for their right to self determination. They PIF leaders would have the support of their people in bringing West Papua back into the Pacific community.
In a letter to the PIF leaders in June 2011 AWPA urged
 the  PIF Leaders to put the issue of West Papua on its agenda  at its September summit and to not only  discuss the deteriorating human rights situation in West Papua but to  make a public statement of concern regarding the human rights situation in the territory as it has in past Forum Communiques. We also urge the PIF  to raise concerns about the human rights situation in West Papua with the Indonesian President.
to grant observer status to  genuine representatives of the West Papuan people who are struggling for their right to self determination
A number of governments have supported the autonomy package for West Papua  stating that the it is the best way forward for the West Papuan people. Although funding for the autonomy package has flowed to West Papua it has only benefited some elites and the bureaucrats with no benefit for the majority of West Papuans, which is why it has been rejected. We believe that it is pointless for  governments to keep saying the autonomy package is the best way forward. Even a revised Special Autonomy in whatever form it might take will never satisfy West Papuans demand for self determination. West Papuans have lost  trust that Jakarta will ever develop West Papua for the sake of the Papuans. The Forum can help by urging Jakarta to dialogue with the Independence Movement to find a lasting solution.
We also call on the Forum leaders to urge the Indonesian President to release all West Papuan political prisoners as a sign of good faith to the West Papuan people and urge the Forum to send a fact finding mission to West Papua to investigate the human rights situation in the territory.
 AWPA (Sydney) uses the name “West Papua” to refer to the whole of the western half of the Island of New Guinea.
info.
Joe Collins
+61.2. (0)4077 857 97

Church leaders mediation efforts between TNI/Polri and TPN/OPM in Paniai

JUBI, 29 August 2011

The churches in Paniai are very concerned about the unsatisfactory situation that has continued in Paniai following an armed skirmish that took place on 17 August, and also about reports that additional troops have been sent to Paniai to search for two firearms that were reportedly seized from police headquarters in Komopa on 15 August. In view of this situation, the churches are trying to mediate between the TPN/OPM and the Indonesian army and police to reach a dignified agreement to solve these problems.

The Rev. Hana Tebay, S. Th.said in a meeting on Sunday, 28 August that they had made approaches to the TPN/OPM and the Eduda headquarters (?) two days previously and she also said that in the near future, church leaders would be meeting the chief of police in Paniai.

‘The church is neutral. In our view we are all children of God which is why we speak from the heart with both the TPN/OPM and the security forces, the army and the police, she said.

‘We hope and pray that our efforts will bear fruit because we very much regret the continuation of these unsatisfactory conditions. A solution can be found and we will do everything in our power to mediate between the two sides so as to safeguard security in Paniai,’ she said.

The co-ordinator of the KINGMI Church in Paniai, Rev. Gerard Gobai, S.Th. said that the churches will use their prophetic mission to put an end to the situation that has emerged among the people. This situation has led to the people abandoning their homes, their work, their animals and fleeing from their homes.  As a result, Sunday worship meetings were attended by far fewer people than usual.

‘We are hoping for a solution. The two sides must agree to engage in peaceful efforts. ‘

He also expressed the hope that the local government would not allow this situation to continue for this would mean the continuation of a state of uncertainty for the people who are now living in fear.According to the mass media, the situation in Paniai is safe, but the fact is that the people feel very afraid. The place for the people is there, and they should not be wanting to flee from Paniai.

‘How can the people feel calm if even the bupati (sub-district chief) has vanished from Paniai?’

He went on to say that as far as the church is concerned, everyone must strive to make Papua a Land of Peace.

‘There must be an end to disorder, to conflict, an end to the loss of life..The church therefore expects the government to make serious efforts together with the TNI/Polri and the TPN/OPM to think about joint efforts to end this situation, and in particular to secure the return of the two firearms.’

[This item and the previous item from JUBI were translated by TAPOL]

Churches speak out for peace and security in Paniai

JUBI, 29 August 2011

The desire for peace in the district of Paniai is a common aspiration, especially in the wake of the many conflicts that have occurred in the recent past.   Everyone should be aware of the need to work together to restore a sense of security so that people can continue with their day-to-day activities.

These were the words contained in a press release issued by the Commission for Justice and Peace of the Paniai Diocese and the Commission for Justice and Peace of the KIINGMI Church on 28 August.

The representative of the Diocese of Paniai, Fr Marko Okto Pekei, and Yafet Tetobi of the KINGMI Church said that they hoped that the leaders of the security forces would not deploy forces from outside Paniai.   Moreover, they hoped that the forces already in the area would not roam round freely in the area with all their military equipment because doing so would only worsen the situation. People who are now thinking about returning home to Enarotali, Madi and places close by will start feeling afraid of going back to their kampungs after
realising that the situation is not yet safe.

They also said that all sides should realise that the preservation of security and an atmosphere of peace is the duty of all, leaders of the communities, the security forces – TNI the army and Polri, the police – as well as the TPN/OPM, leaders of the community, religious leaders, leaders of customary groups and leaders of the women and the youth.

The two church commissions for peace and justice also deeply regretted the wounding of two people during an armed conflict that occurred on 17 August in Uwibutu, Madi.  ‘We also deeply regret the actions of certain elements who have destroyed the economies of families living in the area.’

They went on to say that any problems between the security forces and the TPN/OPM should be handled by means of persuasion, not by the use of repressive military measures because the latter would only result in casualties among civilians who are not in any way involved in these matters. Repressive measures, that is to say, violence or armed conflict, will only result in casualties. This means that all sides are responsible for preserving peace and security for the civilian population.

The church representatives said that they had felt called upon to speak out about the unsatisfactory conditions of the local people during the past three weeks. The various churches in Paniai have therefore been trying to mediate to find the best possible solution that accords with the wishes of the people so that they can live in safety and prevent the occurrence of casualties among the people.

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