Tag Archives: police

AHRC: Police arbitrarily arrested five Papuan activists and copy documents related to their political activities

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME
Urgent Appeal Case: AHRC-UAC-185-2012
The Asian Human Rights Commission (AHRC) has received the information regarding the arbitrary arrest of five Papuan activists in Jayapura, Papua on 12 October 2012. The five activists were arrested on the allegation of involvement in importing or distributing explosive materials. The police did not have any evidence to arrest and detain them and they were later released. The police, however, copied several documents belonging to the activists related to their political movement.
CASE NARRATIVE:
According to the information we obtained from Yasons Sambom himself, he and his friends Denny Hisage, Anike Kogoya, Feliks Bahabol and Linus Bahabol were on their way to Nabire by the Lapobar ship when the police arrested them at around 9.20pm. They were initially put under the custody of the Sea Harbour Security Execution Unit (KP3 Laut) Jayapura before being moved to the Papua Regional Police Station at around 11-12pm for interrogation. The interrogation of some of the activists started at 1am on the next day and lasted until 4am whereas the remainder were questioned from 2.30am until 6am. It is not until 11 on 13 October 2012 that the five activists were released. None of the activists were given the opportunity to contact any legal counsel to accompany them during the questioning
The five activists were arrested for allegedly violating Article 187bis of the Penal Code concerning their alleged involvement in importing explosive materials to Indonesia territory. Several weeks before the arrest, two bombs were found at the secretariat of the West Papuan National Committee (Komite Nasional Papua Barat, KNPB) in Wamena and the police suspected Yasons along with his friends to be linked to it. The allegation, however, could not be proven and the police later released the activists after their 24 hours of arrest. According to the transcript of the police interview with the arrested persons, the police considered Yasons as the suspect of the bomb case in Wamena, Denny is merely a witness, whereas the status of the rest three is still unclear.
Yasons Sambom and Denny Hisage are well known for their activities in favour of Papuan independence, whereas the three other arrested people are university students. There is an allegation that their arrest was actually more likely to have been caused by their political activities instead of the suspicion that they were involved in the import of explosive materials. On the day of the arrest, the police seized several belongings of the activists which contained confidential and important information regarding their political activities. Those belongings include a laptop, four USB flash disks and one CD containing several documents – none are related to the import of illegal explosive materials which was the crime the activists were alleged to be involved in. Although the police returned all of these items to Denny Hisage and his friends, they managed to copy the documents before releasing the activists.

ADDITIONAL INFORMATION:

Prosecution, trial and punishment of activists in Papua are ongoing human rights issues taking place in the region. The use of articles concerning treason or treason-related activities (Article 106, 110 and 160) against the activists is typical that it has been a concern of several states involved in the UN Universal Periodic Review (UPR) on Indonesia last May. Leaders and members of pro-independence groups or those who are in favour of the independence movement had also been prosecuted with other criminal provisions which in many cases they had not breached. In the past, Yason himself was arrested twice. He was firstly arrested in 2009 due to his involvement in a peaceful protest asking the government to stop the violence and abuses in Papua. Later in May 2011 he was arrested without a clear charge and several documents on his political activities saved on his laptop were also copied by the police.

Victims of fabricated charges might seek compensation to the court once the legal proceedings against them prove they are not guilty. Yet the officers responsible for such abuse are unlikely to be criminally punished due to the absence of a law provision criminalising the fabrication of charges by law enforcement officials. The only specific prohibition on fabrication of charges is found in Article 6 letter (k) of Government Regulation No. 2 Year 2003 concerning the Discipline Rule for Members of Indonesian National Police whose one of articles sets out ‘in exercising their duties, the members of the Indonesian National Police are prohibited to manipulate cases’.

A complain to the Security and Profession Division (Propam), an internal oversight mechanism of the police, may be lodged by the victims yet the sanctions to be imposed will only be disciplinary. The similar government regulation sets out that any police officers who has manipulated a case may be sentenced to a maximum of 21 days of isolation which in some cases may be extended up to a further seven days.

The Criminal Procedure Code gives authority to the police to seize goods as well as to perform document checks. Goods to be seized and documents to be checked, however, have to be related to the crimes allegedly committed by the suspects. Article 39 of the Code sets out five general categories of seize-able goods: those which are products of a crime, used for a crime, used for halting the investigation of a crime, created specifically for a crime, and other goods that are directly related to the crime.

SUGGESTED ACTION:

Please write to the listed authorities below asking them to ensure investigation on the arbitrary arrest, seizure and fabrication of charges of the five Papuan activists to take place.
The AHRC is writing a separate letter to the UN Special Rapporteur on the promotion and protection of the right of opinion and expression as well as the UN Special Rapporteur on the rights to freedom of peaceful assembly and of association.

To support this appeal, please click here: 
SAMPLE LETTER:
Dear ___________,
INDONESIA: Police arbitrarily arrested five Papuan activists and copied documents related to their political activities
Name of victim: Denny Hisage (26 year old), Yasons Sambom (22 year old), Anike Kogoya (24 year old), Feliks Bahabol (23 year old), Linus Bahabol (23 year old)
Names of alleged perpetrators: Papua Regional Police officers
Date of incident: 12 October 2012
Place of incident: Jayapura, Papua
I am writing to voice my concern over the arbitrary arrest of five Papuan activists in Jayapura harbour on 12 October 2012. I was told that Yasons Sambom, Denny Hisage, Anike Kogoya, Feliks Bahabol and Linus Bahabol were on their way to Nabire by the Lapobar ship when the police arrested them on the allegation of their involvement in the import of explosive materials as prohibited under Article 187bis of the Indonesian Penal Code. The police suspected Yasons and his friends are somehow related to two bombs found at the secretariat of West Papua National Committee (Komite Nasional Papua Barat, KNPB) in Wamena last month. After being put under custody and questioned for 24 hours, Yasons Sambom and his friends were released by the police due to lack of evidence. There is a possibility, however, that the police have not changed Yasons’s status of suspect. The police seized several belongings of the activists which include a unit of laptop, four USB flash disks and one CD containing several documents.
This case has been my particular concern as I allege the politicisation of the criminal proceeding here. Yasons Sambom and Denny Hisage are well known in Papua, for their activities in favour of the independence of the region. As proved by the release of the five activists, the police did not actually have any evidence or basis to arrest them for illegal import of explosive materials. The police suspected them, mainly Yasons and Denny, to be responsible for the bombs found in Wamena due to their political activities. The political nuance in this case can also be concluded from the fact that the police did not seize any belongings related to the alleged crime but, instead, those related to Yasons Sambom and friends’ political activities.
I am concerned with the ongoing prosecution and punishment of individuals in Papua who are in favour of the independence of the region. I wish to emphasise that one’s political view is protected under the freedom of opinion and their activities to express such view is guaranteed by the notion of freedom of expression. Criminal proceeding against individuals for their dissenting opinion with the government is therefore unacceptable and in violation of those rights which are protected both in Indonesian 1945 Constitution as well as in the International Covenant on Civil and Political Rights to which Indonesia is a state party.
In this opportunity, I would also like to express my concern regarding the absence of law provision criminalising fabrication of charges by law enforcement officials in Indonesia. I am aware that a victim of arbitrary or false arrest, detention, prosecution or trial may initiate legal proceeding to district court to seek compensation. When the false arrest or detention was committed by the police, it is also possible for the victim to lodge a complaint to the internal oversight mechanism within the police, the Security and Profession Division. The punishment to be given to the police officers if they were convicted, however, is only those with disciplinary and not criminally nature. I therefore call you to make framing or fabrication of charges a crime falling under the jurisdiction of civilian courts.
In addition to the halt of prosecution and persecution towards Papuan activists as well as the criminalisation of charges, I request you to provide compensation to Denny Hisage, Yasons Sambom, Anike Kogoya, Feliks Bahabol and Linus Bahabol. Independent investigations towards the allegation of the fabrication of charges should also take place.
I look forward to your swift and positive response in this matter.
Yours sincerely,
—————-
PLEASE SEND YOUR LETTERS TO:
1. Mr. Susilo Bambang Yudhoyono
President of Republic of Indonesia
Jl. Veteran No. 16
Jakarta Pusat
INDONESIA
Tel: +62 21 345 8595
Fax: +62 21 3483 4759
E-mail: presiden@ri.go.id
2. Ms. Harkristuti Harkrisnowo
General Director of Human Rights
Ministry of Law and Human Rights
Jl. HR Rasuna Said Kav. 6-7
Kuningan, Jakarta 12940
INDONESIA
Tel: +62 21 525 3006, 525 3889
Fax: +62 21 525 3095
3. Marzuki Alie
Speaker of the Indonesian House of Representatives
Gedung Nusantara III DPR RI
Jl. Jend. Gatot Subroto
Jakarta 10270
INDONESIA
Tel: +62 21 575 5048, 575 6041, 575 6059
Fax: +62 21 575 6379
E-mail: set_tu_ketua@dpr.go.id, baleg@dpr.go.id
4. Gen. Timur Pradopo
Chief of the Indonesian National Police
Jl. Trunojoyo No. 3
Kebayoran Baru, Jakarta Selatan 12110
INDONESIA
Tel: +62 21 384 8537, 726 0306
Fax: +62 21 7220 669
E-mail: info@polri.go.id
5. Insp. General Pol. Tito Karnavian
Chief of the Papua Regional Police
Jl. Dr. Samratulangi No. 8 Jayapura
INDONESIA
Tel: +62 967 531 014, 533 396
Fax: +62 967 533 763
6. Mr. Ifdhal Kasim
Chairman of the National Human Rights Commission
Jl. Latuharhary No. 4-B
Jakarta 10310
INDONESIA
Tel: +62 21 392 5227
Fax: +62 21 392 5227
E-mail: info@komnasham.go.id

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

 

Police disperse humanitarian action in Jayapura

JUBI, 19 July 2012
Note: The bulk of this posting was posted yesterday but we are re-posting it with an important addition from Andreas Harsono. TAPOL]

Note: The Papuan Solidarity  for Human Rights Victims, SKPHP, is the
organization which supports political prisoners, including Filep
Karma, in Papua. They regularly do fund raising to buy medicines for
the prisoners. In 2010, they did a specific campaign for Filep Karma,
raising around $3,000 from the streets. Now the Indonesian police
stopped them from doing that on the grounds that SKPHP has no legal
entity.

Regarding Filep Karma’s fund raising, we have now raised IDR116
million. It is enough to do the surgery in Jakarta. He will meet his
local doctor, Donald Arrongear, this week. SKPHP and Karma are still
negotiating with the Ministry of Law and Human Rights about he goes
directly to the PGI hospital in Jakarta (without going to the Jakarta
prison first). They’re also suspicious with a new prison guard from
Java Island who wants to accompany him to Jakarta.

Police disperse humanitarian action in Jayapura

JUBI, 19 July 2012

The police in Papua forcibly dispersed  a humanitarian action taking
place when Papuans were out collecting money to help political
prisoners. They were from an organisation called Solidarity  for Human
Rights Victims, SKPHP. The police said that they had dispersed the
people because the SKPHP  has not registered with the provincial
administration.

The news was confirmed by Peneas Lokbere, a member of the SKPHP, who
told JUBI that before undertaking the action they had notified the
police of their intentions in both Abepura and Jayapura. Having done
this, it meant that the police would grant permission for the action
to take place.

Nevertheless, while the action was in progress on Friday at 1pm, the
police dispersed those taking part in the action. ‘We were forcibly
dispersed,’ said Peneas. ‘They said that this was because  we had not
registered the organisation with the authorities. and therefore, we
were not allowed to continue with this collection of funds.’ He also
said that after the police came to disperse the action, they dispersed
peacefully.’We did not offer any resistance. If we had resisted, it
would have led to a lengthy process.’

Peneas said that  they would follow up their action on Friday, 20
July. ‘We will go to the police and ask for permission to continue
with action.’

The street collections were being undertaken to provide for the
medical requirements of the political prisoners and the other prisoner
who are  ill at the prisons in Abepura and Jayapura. Among those who
are ill in Abepura Prison are Filep Karma, Ferdinand Pakage and Jefrai
Murib.

Their intention was to carry out this action from 9am Thursday 19 July
until Saturday.21 July.

[Translated by TAPOL]

The article is illustrated by a photo showing a large banner which
says: ‘The government doesn’t want to pay for medical treatment for
Filep Karma and Ferdinand Pakage’.   They are carrying posters which
say: ‘The Papuan  political prisoners are not criminals.’

Two nonviolent activists arrested for pleading for international community to ‘Save Papua from Genocide and Grievances’.

from the West Papua Media team

July 10, 2012

In recent months, West Papua has come under an international spotlight over Indonesian military and police impunity for brutal assaults on civilians and non-violent activists.   Despite the palpable repression on the Papuan street , activists from the self-declared Federated Republic of West Papua on July 10 held a peaceful demonstration in Jayapura,  with the theme, “Save Papua from Genocide and Grievances”.

Leading up to the demonstration, POLDA (Regional Police command) Papua refused to issue a permit to rally organizers, and even banned activists from the Federated Republic of West Papua to organize any peaceful demonstrations under threat of treason charges being leveled on rally organizers of peaceful demonstrations.

A coordinator of today’s rally, Sius Ayemi,  told West Papua Media prior to his arrest that police refused permission despite four rounds of intense negotiations and several letter, denying basic rights to freedom of expression.  In a phone conversation to the West Papua Media team, Ayemi has challenged the Indonesian government and its military regime to “reconsider military approaches in West Papua,” and called on the international community “to stop believing the Indonesian government’s rhetoric about its commitment to dialogue, or the (Indonesian) Republic’s effort to ‘wage peace aggressively’.”

The demonstration was to start at several different locations  – Expo Waena/UNCEN, Entrop/Hamadi /Argapura  and Pasir 2 / Dok 9 – at around 9:30am, then converging to meet at the DPRP (Papuan legislative assembly) office in Jayapura.   Police blockaded the demonstrators at the first two locations, preventing demonstrators from proceeding to the DPRP office.   However,  demonstrators from Pasir 2 and Dok 9 were able to march to the DPRP office but were quickly and brutally rounded up by one company of fully armed police.

Markus Yenu, the Federated Republic of West Papua Governor of Manokwari and a planned speaker at the rally, told West Papua Media that the police physically pushed the demonstrators backward with their guns and told them to go home.  He told the West Papua Media team by phone, “the moment we arrived in front of the DPRP office, we were threatened, searched and dispersed by police officers and requested harshly to hand-in all the attributes for the rally.” He further mentioned that the police confiscated several cameras, megaphones, mobile phones, placards and banners.

According to witnesses on the ground,  Sius Ayemi was attempting to negotiate with the police in a disciplined-manner but was quickly surrounded by few police officers who arrested him and bundled him away, together with Edison Kendi who stood next to Mr. Ayemi at the time of the arrest.  Until now, both Sius Ayemi and Edison Kendi are still being held at police custody in Jayapura.

West Papua Media attempted to make few phone calls to KAPOLDA Papua, KAPOLRI and WAKAPOLDA Papua but they all refused to comment about the arrest of the two activists and ended the call.

Local human rights sources have asked for advocacy for the release of Sius Ayemi and Edison Kendi, by calling the below contact details:

Kapolri +62811910277,                                                                                                                                       Kapolda +62811950376,                                                                                                                                 Wakapolda +62811496251

GKI Report: Report about violent incidents in Papua between May and June 2012

JPIC Desk, GKI di Tanah Papua
15/06/2012

Several violent incidents and shoot outs have occurred almost every day during the last three weeks. Some of the shoot outs have been committed by unknown perpetrators, whereas for some incidents the perpetrators have been found. JPIC has collected, investigated and analyzed several cases, which are described below.

Cases Covered include:

  • A. Mysterious Shootings and Violence against Civilians in May 2012
    • 1. Security Forces attack civilians with firearms at Degeuwo (15.05.2012)
  • B. Incidents related to KNPB Demonstrations
    • 1. Yesa Mirin tortured and killed after escalations at Kampung Harapan (04.05. 2012)
    • 2. Death of Fanuel Tablo
    • 3. Sweeping Operations at Sentani
  • C. Mysterious Shootings and Violence against Civilians in June
    • Brutal Acts of Retaliation by the TNI Batalyon 756 at Wamena (06.06.2012)

For the full report, please download or read the embedded pdf below.

KNPB members will surrender to Indon police in challenge on OTK shootings

Bintang Papua, 25 June MEMBERS OF KNPB WILL SURRENDER TO THE POLICE

Jayapura: Victor Yeimo, the international spokesperson of the KNPB, the  National Committee of West Papua. has announced that members of the KNPB will soon be surrendering enmasse to the police in Papua.  He said that they are absolutely convinced that  the series of violent actions that have occurred in Jayapura  were nothing to do with the KNPB. He said that the series of shootings and acts of violence were part of a big scenario  the mastermind of which is not yet known.

This is why the KNPB has decided to put pressure on the police  to investigate these incidents that were the work of  ‘mysterious ‘ or unknown people {referred to now across Papua by the acronym “OTK”: Orang Terlatih Khusus or Specially Trained People – WPM}. ‘The police need to investigate this As yet, they have not be able to say who was responsible and have not made any arrests. The KNPB suspects hat this is all part of a huge scenario by the state authorities  which has quite deliberately been stirred up by the police and the military,’ said Yeimo

With regard to the shooting of Mako Tabuni, this was a violation of the law of the land. ‘If the state has respect for human beings the case of Mako would have been handled according to due process, and not resulted in loss of life.’

He went on to say that the shooting of Mako Tabuni is clear evidence that the law here in this country does not side with the  Papuan people. There are no grounds whatever for allegations that the KNPB was responsible. Such activities are not part of the policy of the KNPB which has from the very start declared its  intention to struggle along with the Papuan people in accordance with the principle  of respect for human life  and has totally rejected the path of violence.

This is why all members of the KNPB will gather together and surrender to the police. The KNPB is not a terrorist organisation. If it were to be proven that someone from the KNPB  was indeed involved, this would be in order to stigmatize the organisation which  is waging  a struggle for independence and for a referendum. ‘This is why we will be surrendering in the near future,’ he said, without mentioning any date.

[Translated by TAPOL]