Tag: POLRI

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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Moanemani incident under investigation, say police

JUBI: 22 June, 2011
The chief of police of Nabire, AKBP Mohammad Rois said that the Moanemani
incident that occurred in the district of Dogiyai i s now under
investigation and was soon to be taken to court.

”Those of my men who were involved in that incident are being
questioned, and if there is evidence against them, firm action will be
taken.,’ he said.

The chief of police was responding to accusations made by the
Association of Students from the Central Highlands along with the
families of the victims that the legal process was under wraps with
regard to this incident when there were shootings and sweepings in
Dogiyai, as reported by the tabloid newspaper JUBI.

He declared that the police was firmly committed to investigate this
incident. which involved the burning down of people’s homes, the
beating of the police chief and the shooting of a number of civilians,
as well as the ‘togel’ (gambling) case.’We are handling them all,’ he said.

He denied that the case was being neglected and said that action would
certainly be taken against those of his men who were guilty. ‘This also
includes civilians who may have committed crimes; they too would be
brought to justice.’

He insisted that no one is this country is immune from justice.

Two civilians died in the Moanemani incident while three others were
seriously wounded. In addition, local people had burned down the office
of the chief of police as well as other places and were also trying to
burn down a place of worship.

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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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Amnesty:URGENT ACTION PAPUAN ACTIVIST AT RISK FOLLOWING BEATING

UA: 188/11 Index: ASA 21/014/2011 Indonesia Date: 17 June 2011

URGENT ACTION

PAPUAN ACTIVIST AT RISK FOLLOWING BEATING

Yones Douw, a human rights activist in the Indonesian province of Papua, was beaten by military officers on 15 June and has been denied medical treatment. He fears for his health and safety, as he has previously been detained and assaulted as a result of his human rights activities.

A protest took place at the 1705 District Military Command (Kodim) base in Nabire, Papua province, on the morning of 15 June, to call for accountability for the stabbing and killing of Papuan Derek Adii on 14 May 2011, reportedly by military officers from the 1705 District Military Command. At about 9am on 15 June, Yones Douw , a 42-year-old human rights activist, heard that a protest, which included family members of Derek Adii, was about to take place, and he went to the base to monitor it. Thirty minutes after he arrived, a group of protesters turned up in three trucks, broke into the front entrance of the base and started to shatter the windows and throw objects. Yones Douw immediately rushed into the base to calm the protesters.

In response, the military fired shots into the air and started hitting the protesters. Yones Douw was struck on the head with pieces of wood many times. He also sustained injuries on his shoulder and wrists from the beatings. As he was beaten he heard the military threaten to shoot the protesters saying “these animals should be taught a lesson”. A military officer also hit the father of Derek Adii, Damas Adii, with a piece of wood. After the beatings, Yones Douw travelled to the Siriwini hospital for treatment and to obtain a medical report, but was told by medical staff that he required a letter from the police before they could treat him. He then decided to go home and is still suffering from the injuries. He fears for his health and safety.

Yones Douw is a respected human rights activist in Papua and has been documenting human rights violations by the police and military over the last decade.

PLEASE WRITE IMMEDIATELY in Indonesian, English or your own language:

– Urging the authorities to take immediate action to ensure the safety of Yones Douw, in accordance with his wishes, and ensure his immediate access to medical care;

– Calling for an immediate, effective and impartial investigation into the beatings and the threats against Yones Douw, with the results made public and those responsible brought to justice in fair trials;

– Calling on the authorities to initiate an independent investigation into the possible unlawful killing of Derek Adii, and ensure that, should the allegations be verified, those responsible be brought to justice in fair trials and the victims receive reparations; and

– Calling on the authorities to ensure that all members of the police and military are made aware of the legitimate role of human rights defenders and their responsibility to protect them, as set out in the UN Declaration on Human Rights Defenders.

PLEASE SEND APPEALS BEFORE 29 JULY 2011 TO:

Minister of Justice and Human Right s

Patrialis Akbar

Ministry of Justice and Human Rights

Jl. H.R. Rasuna Said Kav No. 4-5

Kuningan, Jakarta Selatan 12950

Indonesia

Fax: +62 21 525 3095

Salutation: Dear Minister

Chairperson National Human Rights Commission (Komnas HAM)

Ifdhal Kasim

Jl Latuharhary

No.4 Menteng Jakarta Pusat

10310, Indonesia

Fax: +62 21 39 25 227

Salutation: Dear Ifdhal Kasim

Papua Police Chief

Inspektur Jenderal Bekto Suprapto

Papua Regional Head of Police (Kapolda)

Jl. Samratulangi No. 8 Jayapura,

Papua, Indonesia

Fax: +62 967 533763

Salutation: Dear Kapolda

Also send copies to diplomatic representatives accredited to your country. Please check with your section office if sending appeals after the above date.

Additional Information

In January 2009, police officers kicked and punched Yones Douw during his arrest, after he attempted to intervene to stop clashes between police and demonstrators in Nabire. He and seven other demonstrators were denied access to the outside world and he was deprived of food and drinking water during his one day detention.

In recent years, there have been a number of cases of intimidation and attacks against human rights defenders and journalists in Indonesia, and human rights defenders are regularly intimidated and harassed in Papua. International human rights observers, non-governmental organizations and journalists are severely restricted in their work there.

Amnesty International continues to receive credible reports of human rights violations by the security forces in Indonesia, including torture and other ill-treatment and the unnecessary and excessive use of force. There are often no independent investigations into allegations of human rights violations, and those responsible are rarely brought to account before an independent court. In January 2011 three soldiers who had been filmed kicking and abusing Papuans were sentenced by a Military Court to between eight and 10 months’ imprisonment for disobeying orders. The fact that the victims were not able to testify because of the lack of adequate safety guarantees raised serious concerns about the trial process. Amnesty International believes that the civilian courts are much more likely to ensure both prosecutions for crimes involving human rights violations and protection for witnesses than the military system, which is unlikely to be impartial and independent.

While Amnesty International acknowledges the difficulties faced by security forces in Indonesia, especially when confronted with violence, the power to use force given to security forces is restricted by relevant international human rights law and standards, the basis of which is the right to life. The Indonesian authorities must ensure prompt, independent and impartial investigations into all credible allegations of human rights violations by the security forces. Those found responsible, including persons with command responsibility, should be prosecuted in proceedings which meet international standards of fairness, and victims provided with reparations.

UA: 188/11 Index: ASA 21/014/2011 Issue Date: 17 June 2011

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SONAMPMA: Photo Report of Show of Support by Papuan people for Referendum

Port Numbay,  Papua.

from National Organisation for Student Solidarity of Papua.

 Peace and Freedom !

 We are reporting on the  Demonstration of the People of Papua demanding a Referendum about Self-determination on May 2, 2011 ; for the people of Papua to have the right to determine their own fate. The demonstration took place at the Post Office in Abepura, Jayapura, as shown below :

 – The Show of Support by the people of Papua was coordinated by the National Committee of West Papua, made up by the following organisations :  Organisation of Students and Youth, DAP, Women, Religions, Intellectuals of Papua, and the whole people of Papua from this area. They marched from Sentani, through Waena and Abepura, towards Jayapura (Imbi Park), starting at 8 am.

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While waiting for the people to arrive from Sentani, there were political speeches from the coordinating body, and from several support organisations , all carrying street banners, leaflets and pamphlets, attracting the close  attention of the security forces, there to  « keep the peace », also tried to obscure some of the pictures.  Some of the banners  were saying :  Some of the leaflets said « Papua, Yes ; Indonesia No. », with each of their flags illustrated. Others said « Referendum » and « Papua Merdeka ».

 –          At another coordination point (the campus of USTP) that morning a group began to gather in front of the campus gateway fronting onto Jalan Raya, Sentani, while others came from the campus of UnCen-Abepura. They had banners saying REFERENDUM. There were speeches and the people began to move towards the main square of the campus.

 –          A large group of people assembled at Imbi Park in the early morning, not to avoid observation, because there were thousands of people already assembled there.

 –          About 5 or 6 detachments of Police from Jayapura were there and 3 units of Brimob (mobile police), observing the demonstration with some bodyguards, using 7 or 8 trucks and other vehicles, some of them equipped with weapo

–          Speeches went ahead until about noon, with 600 people who had arrived from Sentani began to assemble at Expo Waena. The whole procession gathered there were about 1000 people, preparing for the Long March to the Post Office at Abepura.

 –          The Long March began at 1 pm, and proceeded towards Abepura.  At the TNI  post at SIPUR, the demonstrators were surprised by an escort of Mobile Ambulance, together with a group of TNI (Army), fully armed, who accompanied the demonstration.

 –         Mass action continued its long march to the Central (shopping) centre , Post Office-Abepura escorted by security parties mentioned above.

–          There were speeches, which were answered by cries of « Referendum » and « Papua Merdeka ».  They stopped at the traffic lights at the Post Office at Abepura and began to sit on the road. All other activities in the town were halted and the town closed down early.

–          The total number of people eventually numbered about 2000 to 2,500. At about 2.15, the procession from Jayapura began to arrived and gathered together with the others at the Post Office.  The numbers swelled even more. The demonstrators stayed at this place, and listened to speeches from some of the leaders of the different groups representing the protestors.

– This demonstration was carried out peacefully until 6 pm, helped by vehicles which helped to keep the peace,   dispersing the people peacefully,  after which they resumed normal economic activities on the streets.

– The demonstration today, after marching well with vehicles and on foot, went off well and peacefully without any violence.

This report that we have made is completed by the Organising Committee for the Demonstration, 2nd May 2011, with great care, and we thank you for reading it.

SONAMAPA

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