Tag: POLRI

AMNESTY INTERNATIONAL: End criminalization of peaceful political activities in Maluku

AMNESTY INTERNATIONAL
Public statement

AI Index: ASA 21/017/2010
19 August 2010

INDONESIA: End criminalization of peaceful political activities in Maluku

The decision to charge at least 22 political activists in Maluku for “rebellion” once again highlights the failure of the Indonesian government to distinguish between armed groups and peaceful political activists. Amnesty International urges the Indonesian government to release immediately and unconditionally the activists, who are all men, if they have been arrested solely for their peaceful political activities.

On 13 August 2010 the Maluku police announced that they were planning to charge the political activists with “rebellion” against the state (makar) under Articles 106 and 110 of Indonesia’s Criminal Code (KUHP, Kitab Undang-Undang Hukum Pidana). The police pointed to evidence which included possession of dozens of “Benang Raja” flags, a symbol of the South Maluku independence; Republic of South Maluku (RMS) membership cards; and photos and stickers of the independence flag.

According to local sources, the activists were planning to use the visit of Indonesia’s President, Susilo Bambang Yudhoyono, to Maluku in early August as an opportunity to disseminate materials related to alleged human rights violations there, including posters calling for the release of political prisoners in Maluku arrested for their peaceful political activism.

Amnesty International is also concerned about their safety in custody, as detained political activists are known to have been tortured and ill-treated in Maluku. The authorities must ensure that the men are allowed access to legal counsel of their choosing, their families and any medical treatment that they may require.

Background

The Republic of South Maluku (RMS), an armed pro-independence movement, officially ended in Maluku with the execution of its leader by the Indonesian authorities in 1966. However, some villagers continue to raise the “Benang Raja” flag there as a peaceful political act of protest against the central government.

Amnesty International has documented dozens of arrests in past years of political activists who have peacefully called for independence, particularly in areas where there has been a history of pro-independence movements such as Maluku and Papua.

Amnesty International takes no position whatsoever on the political status of any province of Indonesia, including calls for independence. However the organization believes that the right to freedom of expression includes the right to peacefully advocate referendums, independence or other political solutions.

The rights to free expression, opinion and peaceful assembly are guaranteed under the Indonesian Constitution and the International Covenant on Civil and Political Rights (ICCPR), to which Indonesia is a state party. While the Indonesian government has the duty and the right to protect life and to maintain public order within its jurisdiction, it must ensure that any restrictions to freedoms of expression and peaceful assembly are no more than is permitted under international human rights law.

In June 2007, 22 political activists in Maluku province were arrested for unfurling the “Benang Raja” flag while performing a traditional “Cakalele” dance in front of the President. After their performance, the police, particularly the anti-terrorist unit Detachment-88, detained all 22 of the dancers. They were tortured or otherwise ill-treated, charged with “rebellion” under Articles 106 and 110 of the Indonesia Criminal Code and are serving sentences of between seven and 20 years’ imprisonment. Amnesty International considers them to be prisoners of conscience. A twenty-third dancer, also a prisoner of conscience, was arrested in June 2008 and sentenced to four years’ imprisonment in March 2009.

ENDS/

Public Document
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For more information please contact Amnesty International’s press office in London, UK, on +44 20 7413 5566 or press@amnesty.org

Amnesty International, 1 Easton St., London WC1X 0DW, http://www.amnesty.org
For latest human rights news view http://news.amnesty.org

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Open Letter to President of Indonesia on Papuan Political Prisoners

*c/o PO Box 21873
Brooklyn, NY 11202 USA
*etan@etan.org

August 16, 2010

Susilo Bambang Yudhoyono
President
Republic of Indonesia
Istana Merdeka
Jakarta Pusat 10110 Indonesia
Via Fax, E-mail

Dear President Yudhoyono:

As Indonesia’s National Day on 17 August approaches, we the undersigned non-governmental organizations engaged in the defense of human rights in Indonesia are deeply concerned that dozens of Papuans are incarcerated in prisons in Papua and West Papua simply for having been involved in non-violent demonstrations or expressions of opinion.

In most cases, these prisoners have been sentenced under Criminal Code Articles 106 and 110 regarding “rebellion.” These articles are a legacy from the Dutch colonial era and are in violation of the Indonesian Constitution, Articles 28(e) and 28(f) which respectively afford “the right to the freedom of association and expression of opinion,” and “the right to communicate and obtain information for the development of his/her personal life and his/her social environment, and shall have the right to seek, acquire, possess, keep, process and convey information by using all available channels.”

Moreover, Articles 106 and 110 are inconsistent with your country’s
international obligations under the International Covenant on Civil and
Political Rights (ICCPR) which Indonesia ratified in 2006. While the
ICCPR (article 19) notes that these rights are subject to certain
restrictions “for the protection of national security and of public
order or public health or morals,” the 1995 Johannesburg Principles on
National Security, Freedom of Expression, and Access to Information
identify clear standards for application of national security
restrictions. These Principles provide that persons should not be
restrained for expressing their opinions. Governments should only take
action against such expression of views on the grounds of national
security if they can demonstrate that they would incite acts of imminent violence. The prosecution of the aforementioned Papuan political prisoners has offered no evidence of any such threat of imminent violence in association with their physical or verbal actions.

While we strongly believe that none of these prisoners should have been prosecuted in the first place, we are also deeply concerned about the disproportionately harsh sentences imposed on these political prisoners given their non-violent acts. One prisoner arrested in 2004 and charged under these articles is serving a 15-year sentence while others have been given sentences of three or four years. Moreover, there have been alarming reports of maltreatment of the prisoners by prison warders and the lack of essential medical facilities. In one case, a prisoner with a serious prostate disorder had to wait eight months before being allowed to travel to Jakarta for essential treatment recommended by the local doctor. Severe Beatings of prisoners and detainees are frequently and credibly reported.

We the undersigned have on a number of occasions welcomed the democratic progress in Indonesian since the fall of the Suharto dictatorship, inspired by the Indonesian people. We recognize that this progress had been achieved despite frequent threats by the as yet unreformed Indonesian security forces.

In view of the tradition to mark Indonesia’s National Day on 17 August
by announcing the release of prisoners and bearing in mind the
restriction on essential freedoms such as those contained in Articles
106 and 110 of the Criminal Code we respectfully call on you to mark
this year’s celebrations by:

* releasing all Papuan political prisoners, including those already
convicted and those waiting trial;

* securing the deletion of Articles 106 and 110 of the Criminal Code;

* ordering an immediate investigation into conditions in the prisons
where the prisoners are being held and ensure the punishment of all
prison personnel held responsible for maltreatment.

We look forward to your response.

Sincerely,

Aliansi Nasional Timor Leste Ba Tribunal Internasional (ANTI)/
Timor-Leste National Alliance for an International Tribunal
Australia West Papua Association Adelaide
Australia West Papua Association Brisbane
Australia West Papua Association Melbourne
Australia West Papua Association Newcastle
Australia West Papua Association Sydney
East Timor and Indonesia /Action/ Network (ETAN) (U.S.)
Foundation Akar (The Netherlands)
Foundation Manusia Papua (The Netherlands)
Foundation of Papuan Women (The Netherlands)
Foundation Pro Papua (The Netherlands)
Free West Papua Campaign UK
Freunde der Naturvölker e.V./FdN (fPcN) (Germany)
Human Rights Watch
KontraS (Indonesia)
Land is Life (U.S.)
La?o Hamutuk (Timor-Leste)
Perkumpulan HAK (HAK Association) (Timor Leste)
Tapol (Britain)
West Papua Advocacy Team (U.S.)
West Papua Network Germany

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Socrates is not afraid; DPRP should summon military command and police chief

Bintang Papua, 11 August 2010

Sokrates is not afraid

DPRP should summon military command and police chief

Jayapura: Although faced with the threat of the use of force by the police, the chairman of the Central Board of the Baptist Churches in Papua, Reverend Socrates Sofyan Yoman, is not afraid.

On the contrary, he has accused the police of lack of fairness in their law enforcement in the Land of Papua. He said that complaints about the involvement of the police and the army have been made by many other people but he is the only person to have been summoned by them.

‘I am very concerned at the unfairness of the police and their lack of professionalism,’ said Socrates in a short statement to the press..

He said that many other people have criticised the security situation in the district of Puncak Jaya but none of them have been summoned by the police. ‘In my opinion, the forces of law enforcement are acting on behalf of sponsors keen to exert pressure on me as a church leader.’

He has repeatedly said that he is ready to face any consequences and will never run away should the police use force against him.

‘If they want to come and arrest me, I am waiting for them in my office or at home. I am not going anywhere because this is my homeland,’ he said.

It is worth recalling that Yoman rejected a decision by the Constitutional Court in April this year to prohibit the delivery of several of his books to the shops, and he said quite frankly on the Kick Andi programme on Metro TV that he totally rejected this ban. The Baptist Church believes that the security forces are imprisoning justice and democracy.

He said that the Papuan Baptist Church has called on the Indonesian parliament, the DPR, to summon the military commander of West Papua and the chief of police of Papua to explain why it is that the Puncak Jaya case which has been going on since 2004 has never ended, to reveal who is behind it and who is benefiting from a case that has caused so many casualties among the people.’

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Bintang Papua, 11 August 2010

Sem Yaru not afraid of being punished

On Thursday 12 August, the court in the case against Semuel Yaru aka Sem Yar, Luther Wrai and Alex Mebri (on the wanted list) who are being tried for rebellion in conection with a peaceful demonstration and flying the Morning Star flag, is due to announce its verdict, according to a member of legal team, Gustaf Kawer.

He said that the defendant Sem Yaru has said on several occasions during the trial that he is ready to face the verdict and will comply with the court’s decision. ‘I have been confronted for years with the issue of ‘makar’ (rebellion). I am ready for whatever happens,’ he said.

Making it clear that he is not guilty, Sem Yaru said that he is not afraid of whatever happens, however harsh the sentence will be. ‘Why should I be afraid? This is a democracy and everything that I have done is in accordance with [the principles of ] democracy.’

On 16 November 2009, Sem Yaru, along with Luther Wrait and Alex Mebri mobilised the masses and produced a leaflet, as well as making other preparations for a demonstration in the forecourt of the office of the Majelis Rakyat Papua in Koraraja. On that occasion, Sem Yaru held aloft the Morning Star flag and tied it to a tree.

Thereupon he was arrested by the police and charged under Article 106 of the Criminal Code for rebellion and under Article 110 for incitement.

Komnas HAM calls on security forces to halt military operations in Puncak Jaya

Bintang Papua, 11 August 2010

Komnas HAM calls on security forces to halt military operations in Puncak Jaya

The Papuan branch of the National Human Rights Commission (Komnas HAM) has called on the police and the army to immediately end their military operations in Puncak Jaya district because they will never solve the root of the problems in the area.

The Komnas HAM statement was made public at its office in Jayapura by deputy chairman Mathius Murib on Wednesday.

He said that from 17 August 2004 up to August 2010 the inhabitants of Puncak Jaya have lived in a constant state of trauma because of reports that dozens of people as well as members of the security forces have been shot dead and murdered in Puncak Jaya. ‘As a result, the people there are traumatised and unable to carry on with their activities, with some of them leaving the area in search of tranquillity elsewhere.’

Murib said that in order to avoid further casualties, the police and the army (Polri/TNI) should immediately stop all operations to hunt people down in Puncak Jaya district and consider other ways of resolving the problems there.

‘We believe that force of arms or other forms of violence will never resolve these problems and will only lead to yet more problems and more casualties.’

He also urged the civilian population in the area to remain calm and consolidate their efforts so as to be able to function normally, and to avoid being provoked by issues coming from irresponsible elements.

Murib said that Komnas HAM will be urging the district chief of Puncak Jaya as well as civil society, in particular the church, to draft a comprehensive account of developments during the current year.

He said that the role of the church was important because church mediation has been able to solve a number of problems in the Land of Papua, and moreover those involved in the conflict were all members of the church.

The Komnas HAM team which has just returned from Puncak Jaya has also called on senior police officers in Puncak Jaya to initiate legal proceedings against all those persons or groups deemed to be involved in the Puncak Jaya case from 2004 up to 2010.

‘The Puncak Jaya case is not a new case and thereforre all individuals or groups involved in the case for the past six years should be brought to account in accordance with the laws in Indonesia,’ said Murib, who has just returned from Puncak Jaya where he conducted investigations.

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HRW: Indonesia: Free ‘Balloon Activists’ in Ambon

HUMAN RIGHTS WATCH

Indonesia: Free ‘Balloon Activists’ in Ambon
Ill-Treatment of Political Prisoners in Earlier Episodes Raises Grave Concerns
http://www.hrw.org/en/news/2010/08/10/indonesia-free-balloon-activists-ambon
August 10, 2010

Related Materials:
Prosecuting Political Aspiration
Indonesia: Stop Prosecuting Peaceful Political Expression
Indonesia’s Not-So-Well-Kept Secret

Sadly, free speech in Indonesia is about as sturdy as the detained activists’ balloons. The Indonesian government publicly claims that it respects freedom of expression, so it should live up to its word and free these peaceful protesters immediately.
Phil Robertson, deputy Asia director at Human Rights Watch

(New York) – The Indonesian authorities should immediately release the activists for Moluccan independence arrested in Ambon at the beginning of August 2010, Human Rights Watch said today. The activists were allegedly planning to float banned Moluccan independence flags attached to balloons to protest an August 3 visit by President Susilo Bambang Yudhoyono.

Local sources reported that between 7 and 15 activists were arrested in connection with balloon launch plans to express political opposition to Indonesian rule in the Moluccas Islands. The police reportedly confiscated as evidence 133 posters that read “Free Alifuru and Papua Political Prisoners,” two copies of the June 2010 Human Rights Watch report “Prosecuting Political Aspiration,” 17 separatist Southern Moluccas Republic (Republik Maluku Selatan or RMS) flags, and one 12-pound gas cylinder to be used to fill the balloons. Yudhoyono was in Ambon to open the “Sail Banda” event, organized by the Tourism Ministry and the Moluccas Islands government to promote tourism in the Banda Sea.

“Sadly, free speech in Indonesia is about as sturdy as the detained activists’ balloons,” said Phil Robertson, deputy Asia director at Human Rights Watch. “The Indonesian government publicly claims that it respects freedom of expression, so it should live up to its word and free these peaceful protesters immediately.”

Human Rights Watch expressed grave concern that past torture and ill-treatment of political prisoners in Ambon puts the recently detained activists at serious risk. The detainees should have immediate access to family members and legal counsel, Human Rights Watch said.

Those arrested include Benny Sinay, Izak Sapulete, Andy Marunaya, Edwin Marunaya, Ongen Krikof, Marven Bremer, Steven Siahaya, and Ony Siahaya. Jacob Sinay, who lost his civil service job in December 2009 because of his political activism, is also being held. Most were arrested at their homes on August 2 and 3. Some were also arrested because they publicly unfurled the separatist RMS flag in some places in the archipelago, including on Ambon and Saparua islands.

Observers at the Sail Banda event in the Yos Sudarso seaport in Ambon described what they considered to be a very large deployment of police officers and military personnel. The security forces apparently sought to prevent a repeat of Yudhoyono’s June 29, 2007 visit, when 28 local Moluccan dancers were able to enter the Ambon stadium, dance the cakalele war dance, and unfurl the RMS flag.

More than 70 men were arrested after the 2007 dance. Many were tortured after being handed over to Anti-Terror Unit 88 forces based in Ambon. The Ambon district court convicted more than three dozen of them, including the dance leader Johan Teterisa, of treason and sentenced them to prison terms ranging from 5 to 20 years. Teterisa was sentenced to 15 years and is in the Malang prison in eastern Java.

Human Rights Watch expressed concern that Ambon authorities confiscated the recent Human Rights Watch report, “Prosecuting Political Aspiration,” as possible evidence in a case against the activists. The report profiles the cases of 10 prominent Papuan and Moluccan activists currently behind bars for expressing their political views, and details ill-treatment they suffered in detention and violations of their due process rights.

In June, Human Rights Watch discussed the findings of the report in Jakarta with officials from the Law and Human Rights Ministry, the Foreign Affairs Ministry, and the National Commission on Human Rights. At least 100 Papuans and Moluccans are in prison in Indonesia for peacefully expressing their political views.

“By arresting the Ambon activists, the Indonesian authorities are repeating the very mistakes that raised doubts globally about Indonesia’s commitment to improving human rights,” Robertson said. “The government should release these peaceful protesters immediately and spare the country further international condemnation.”

Background
Human Rights Watch takes no position on claims to self-determination in Indonesia or in any other country. Consistent with international law, Human Rights Watch supports the right of all individuals, including independence supporters, to express their political views peacefully without fear of arrest or other forms of reprisal.

Most of the current political prisoners in Indonesia were convicted of makar (treason) under articles 106 and 110 of the Indonesian Criminal Code.

However, freedom of expression is protected both in Indonesia’s constitution and international human rights law. The constitution in article 28(e) states, “Every person shall have the right to the freedom of association and expression of opinion.” Article 28(f) provides, “Every person shall have the right to communicate and obtain information for the development of his/her personal life and his/her social environment, and shall have the right to seek, acquire, possess, keep, process, and convey information by using all available channels.”

In December 2007, the Indonesian government issued Government Regulation 77/2007, which regulates regional symbols. Article 6 of the regulation bans display of flags or logos that have the same features as “organizations, groups, institutions or separatist movements.” Both the Papuan Morning Star flag and the RMS flag are considered to fall under this ban.

The International Covenant on Civil and Political Rights, which Indonesia ratified in 2006, also protects the right to free expression. Under article 19, “[e]veryone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.”

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