Tag: Prison

Current condition of tapol Kimanus Wenda and funds needed for operation and travel costs

Received from Solidaritas Korban Pelanggaran HAM Papua (Solidarity for Victims of Human Rights in Papua)
[Translated by TAPOL]

Papuan prisoners continue to be subject to discrimination in a number of ways such as the lack of finance, the lack of access to health facilities and racist insults against Papuan people. There are no NGOs, church groups or individuals who are regularly monitoring the situation of Tapols/Napols [this differentiates between political and non-political prisoners in Papua] who are currently in prison in Papua.

Take the example of Filep Karma who was for nine months left unattended in Dok II Hospital in Jayapura, in 2010. Ferdinan Pakage was tortured and sustained permanent injuries in his right eye from a prison official in Abe Prison, Abepura, in 2008. And most recently, Kimanus Wenda who, according to the recommendation of a doctor, needs to have operation for a tumour in the abdomen, but there has been no response from the prison officials in Nabire prison. He was even shackled with handcuffs and kept in an isolation ward in May 2011

The condition of Kimanus Wenda in Nabire Prison is now critical; he has been vomiting because of the tumour. Last Thursday at 12 midnight, he was vomiting and so dizzy that he urged an official to be transferred to hospital but this was refused. [precise meaning of a sentence in the text here is unclear]. Although he had asked to be transferred to Jayapura a number of times as recommended by the doctor, there was no response from the officials at the prison.

In view of the present condition of Kimanus Wenda, the SKPHP had a meeting with the Kanwil (?) and then with the Papua department of law and human rights [Depkum HAM Papua] on 19 September. However, the head of Depkum HAM, Daniel informed his family of a number of conditions:

* A guarantee from the family
* A formal request from the family
* A statement from Nabire Hospital
* Confirmation from the doctor
* A request for police to provide guards.

Solidaritas Korban said that it was prepared to find all these documents and that his family would provide the funds but only for a ticket for Kimanus to make the journey from Nabire to Wamena, meaning that funding for the guards was the responsibility of the state.

On 19 September, Solidaritas Korban had a meeting with Kontras Papua at which the following was agreed:

A division of tasks regarding the documents required.
We would need to raise money for the journey by two persons to Nabire
We would find the money for the stay in hospital, the operation and other requirements after Kimanus was in Jayapura
Information about these decisions would remain confidential.

Once the money for the tickets was available, Solidaritas Korban would:

Lobby the doctor.
Issue a press release
Seek contributions from the general public out in the streets
Lobby for funds to cover the costs of the hospital stay, the operation, the tickets to Nabire and so on.

The amount of money required is as follows:

Rp 1,347,000 x 2 for a total of Rp 2,694,000 for one-way tickets.
Airport tax and local transport, Rp 1,000,000
Solidaritas Korban transport costs incurred to handle arrangements for Kimanus
The total amount of money needed: is Rp 4,694,000

Jayapura, 19 September 2011
Solidaritas Korban Pelanggaran HAM Papua

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AI: Indon authorities refuse Papuan political prisoner Kimanus Wenda medical care

Amnesty International
INDONESIA: AUTHORITIES REFUSE PRISONER MEDICAL CARE

UA: 251/11 Index: ASA 21/025/2011 Indonesia Date: 19 August 2011

Papuan political prisoner Kimanus Wenda is in urgent need of medical treatment. He has a tumour in his stomach, and needs to be transferred to a hospital to undergo an operation. Prison authorities have refused to pay for his transport and medical costs.

Kimanus Wenda is being held at the Nabire prison in Papua province, Indonesia. He has a tumour in his stomach and is constantly vomiting. Prison doctors have confirmed that he needs an operation; however, Nabire does not have the necessary medical facilities available. Kimanus Wenda needs to be transferred to Jayapura, also in Papua province, where he can receive the medical treatment he urgently requires. His family and lawyer have requested that he be transferred to Jayapura but the Nabire prison authorities have refused to cover the cost of his transport and medical treatment. Under Indonesian Government Regulation No. 32/1999 on Terms and Procedures on the Implementation of Prisoners’ Rights in Prisons, all medical costs for treatment of a prisoner at a hospital must be borne by the state.

Kimanus Wenda has been ill-treated in detention in the past. During his arrest and interrogation in April 2003, he was reportedly tortured or otherwise ill-treated by military officers, who beat, kicked and stamped on him. On 25 May 2011 Kimanus Wenda was beaten by prison guards after he and another political prisoner, Linus Heluka, attempted to file a complaint about a prison officer who had insulted a Papuan prisoner. At least four prison guards beat Kimanus Wenda with a thick piece of rubber and kicked him. The guards also hit Linus Heluka on the head and hand. Linus Heluka was then put in an isolation cell for two weeks.

Please write immediately in English, Indonesian or your own language urging the authorities to:

  • Ensure that Kimanus Wenda receives full and immediate access to the proper medical treatment he requires;
  • Allow Kimanus Wenda to travel to Jayapura to receive urgent medical care as recommended;
  • Cover the cost of such treatment in accordance with the UN Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (Principle 24) and Indonesian regulations;
  • Immediately conduct an independent and impartial investigation into all allegations of torture or other ill-treatment by prison guards in Papua and ensure that, should the allegations be verified, those responsible be brought to justice in fair trials and the victims receive reparations; and
  • Ensure that prison conditions and the treatment of prisoners meet standards provided for in Indonesian law as well as UN Standard Minimum Rules on the Treatment of Prisoners.

PLEASE SEND APPEALS BEFORE 3 OCTOBER 2011 TO:

Head of Nabire Prison

Arif Rachman
Lapas Klas IIb Nabire, Jl. Padat Karya,
Nabire 98801, Papua, Indonesia
Fax: +62 984 24721
Salutation: Dear Arif Rachman

Head of the Papuan Provincial Department of Justice and Human Rights
Daniel Biantong
Jl. Raya Abepura No. 37
Kotaraja – Jayapura 99117, Papua, Indonesia
>Fax +62 967 586112
Salutation: Dear Daniel Biantong

And copies to:

Director General of Prisons
Drs. Untung Sugiyono
Ministry of Justice and Human Rights
Jl. Veteran No. 11
Jakarta Pusat, Indonesia
Fax: +62 21 384 1711

Also send copies to diplomatic representatives accredited to your country.

Please check with your section office if sending appeals after the above date

URGENT ACTION Authorities refuse PRISONER medical care

ADDITIONAL INFORMATION

In April 2003 Kimanus Wenda was accused of attacking a military warehouse in Wamena, Papua province, an accusation which he denies. According to his lawyers, he was arbitrarily detained at the barracks of the Wamena District Military Command 1702 by the military and police and initially denied access to a lawyer. There, he was reportedly tortured or otherwise ill-treated by military officers, including being beaten with a piece of wood, kicked on his chest, stamped on, and dragged around with a piece of rope around his neck. According to Kimanus Wenda, the ill-treatment continued while the police were interrogating him. A translator was not provided during the police interrogation, even though Kimanus Wenda did not speak Indonesian. He was forced to sign a confession he could not read. In January 2004 he was sentenced to 20 years’ imprisonment for “rebellion” under Articles 106 and 110 of the Indonesian Criminal Code. He continues to suffer physically on account of the ill-treatment he experienced in 2003.

In December 2005 Kimanus Wenda was transferred to Gunung Sari prison in Makassar, South Sulawesi, thousands of miles from his family in Papua. While he was there he was forced to sleep on a cement floor. In January 2008 he was transferred to Biak prison, Papua and then to Nabire prison.

The Indonesian authorities have an obligation under national law and standards to provide medical treatment to all prisoners in the country. Article 17 of the Indonesian Government Regulation No. 32/1999 on Terms and Procedures on the Implementation of Prisoners’ Rights in Prison requires the prison authorities to provide adequate access to medical treatment. International standards also provide for medial treatment for prisoners. The UN Standard Minimum Rules for the Treatment of Prisoners provides that prisoners needing treatment not available in the prison hospital, clinic or infirmary should be transferred to an appropriate institution outside the prison for assessment and treatment. Furthermore, Principle 24 of the UN Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment requires that prison authorities cover the costs of such treatment.Amnesty International believes the denial of medical care to Kimanus Wenda could amount to cruel, inhuman or degrading treatment.

Name: Kimanus Wenda
Gender m/f: M

UA: 251/11 Index: ASA 21/025/2011 Issue Date: 19 August 2011

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Police urged to say who shot Miron Wetipo

JUBI: 17 February 2011

A lawyer in Jayapura, Gustaf Kawer, has called on the police to be transparent and explain what happened to Miron Wetipo, who was being held in the Abepura Prison. He was shot dead by the police/TNI and Densus 88 during a sweeping operation and searches being undertaken by BTN Puskopad (an army unit).

‘The police must be transparent and explain publicly what happened to Miron Wetipo. All the more so since Miron was not the person who was behind the shooting in Nafri. The police should tell his family and the general public what happened,’ said Gustaf Kawer. He also said that it was important for the name of the peron responsible for the shooting to be made public so as not to cast suspicion on the whole of the police force.

‘They must have the courage to say who it was in the security forces who shot Wetipo. They cannot ignore this case because it involves a violation of human rights that must be resolved,’ he said.

Miron Wetipo was shot dead by forces of the police/TNI and Densus 88 while they were on sweeping operations and were searching the home in the location of BTN, Puskopad, in the district of Abepura, Jayapura, Papua. He was also thought to be a leader of the OPM and was involved in the shooting that occurred inNafri Kampung on Sunday, 27 November 2010.

[The article includes a photo of a poster saying: ‘Who is it who murdered Miron Wetipo’.

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West Papuan political prisoners denied food for 2 days

via Tapol

Since 3 December 2010 when Filep Karma and Buchtar Tabuni were transferred to the police authorities in Papua, no legal proceedings have been started against them and they still do not have any legal counsel. They have also been denied food for two days.

Since 4 December, access to the two prisoners has been prevented. Two younger siblings of Karma as well as a representative of the SKPHP tried to visit them on 6 December but they were confronted by police officers. At 4pm, a member of his family asked the police for permission to meet Karma because visiting regulations allowed for daily visits except on holidays and other special days [tanggal merah] from 3pm till 5pm.

The family member asked a police officer: ‘Why aren’t we able to meet our brother Filep Karma?’  to which the officer replied:  ‘Because Karma and the others have been transferred here from Abepura Prison. According to orders from our superiors, if you want to visit them, you must first report to the head of the criminal investigation branch (Kasat Reskrim, Polda Papua)  because we here are only carrying out orders from our superiors.’  The relative said that he only wanted to give Filep Karma some food and other essential needs and to hear what he himself had to say about why he had been transferred and why they couldn’t meet him.

The police officer then allowed only a very brief meeting to take place, only time enough to hand over the things he needed whereupon the officer asked the relative to leave.

According to information from the family, the five prisoners were given no food at all until 5 December. When Karma asked why they hadn’t received any food,  he was told that it was because ‘all of you have been transferred from Abepura Prison and it is the responsbility of the prison authorities, not the police’.

Five of the convicts had almost no access to food and drink till 5 December and since 5 December, they have been given some food but without anything to drink. Relatives had to bring the prisoners a gallon of Acqua  to be shared between five men.

Since 4 December, Karma who insists that he is not guilty of anything, has been on hunger strike in protest against treatment by the district chief of  Papua and the director of the Abepura Prison.

On 7 December, the family wrote to the director of Abepura Prison, the police chief of Papua and the head of criminal investigations asking to know what legal provision is being used to prevent them from visiting Karma.

The situation now being faced by Filep Karma and Buchtar Tabuni represents a form of non-physical torture by the State, quite apart from the law on treason and incitement which was used to sentence Karma to 15 years and Buchtar Tabuni to three years. They said that convicted prisoners are human beings with the same rights and dignity as people who are not in prison.

The transfer of Filep Karma and Buchtar Tabuni  represents a case of  wrongful treatment by the  State against Papuan political prisoners. They are failing to act in accordance with Article 10 of the International Covenant on Civil and Political Rights which states: ‘All persons who are deprived of their freedom must be treated humanely and with respect for their dignity as human beings.’

It is also clear that state officials are not acting in accordance with Law 8/1981 of the Criminal Procedural Code, bearing in mind that the police officials stated that they were acting in accordance with orders from their superiors and not in accordance with the  law which in the legal basis which should be the basis for their actions.

Filep Karma and Buchtar Tabuni are entitled to receive visits from their families, from legal counsel and from other people in accordance with Article 18,  paragraph 1 of a decree by the minister of law. And furthermore, Filep Karma and Buchtar Tabuni are free to correspond with legal counsel and family members, according to paragraph 4 of the above mentioned ministerial decree.

The families of people who have been convicted for incitement and are now in custody because of the  recent riots in Abepura Prison have asked what is the legal basis being used by the police in Papua towards prisoners who have been transferred to them from Abepura Prison already for four days. who have been told that they cannot receive visits from their families, from legal counsel or from anyone else.

Meanwhile, an online campaign has started in a bid to award Filep Karma the Nobel Peace Prize. So far over 200 people have joined the group on social network Facebook. Click here for more info

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