The TNI Should Withdraw From Papua to Prevent Another Lacluta

By Daniel Pye

This month marks the 30th anniversary of the Lacluta massacre in East Timor by battalions of the Indonesian military, or TNI.

One of the enduring horrors of the occupation of East Timor was the “fence of legs” campaign of 1981 where civilians were rounded up and forcibly marched across the island to flush out resistance fighters – including Xanana Gusmao, now the fledgling nation’s Prime Minister.

Many died along the way. The campaign led to “very serious humanitarian consequences,” including famine as it took place during planting season and many of those press-ganged were subsistence farmers.

The march headed to Lacluta where the UN Commission for Reception, Truth and Reconciliation determined hundreds of East Timorese were murdered by Indonesian armed forces. “The commission received evidence of a large massacre of civilians, including women and children, at this time,” it said.

Indonesian authorities admitted to only 70 deaths, while Martinho da Costa Lopes of East Timor’s Catholic church said the death toll was closer to 500. One East Timorese fighter said the attack was carried out by Battalion 744, later to be commanded by Indonesia’s current president, Susilo Bambang Yudhoyono.

“I witnessed with my own eyes how the Indonesian military, Battalion 744, killed civilians in front of me,” Albino da Costa said. “They captured those unarmed people, tied them up then stabbed them to death. There was a pregnant woman captured and killed just like that. I saw it from a close distance, just 100m from where it happened.”

Costa Lopes died in Lisbon in 1991. His repeated calls for intervention by the United Nations and for curtailment of United States military aid to the Indonesian Government went unheeded.

The US, Japan and a number of Western European countries continued to provide Indonesia with about $5 billion in military aid. In the aftermath of the 1975 invasion the media largely ignored, as one Australian parliamentary report called it, “indiscriminate killing on a scale unprecedented in post-World War II history,” because of Indonesia’s vast natural resources. It was, as former US President Richard Nixon put it, the “greatest prize in the Southeast Asian area”.

Indonesia’s occupation of East Timor ended with independence and perhaps as many as a third of the population killed.

But today there is another war for independence in Indonesia: West Papua. And the parallels with East Timor are striking.

Papuans have endured horrific violence since Indonesia first invaded in 1963. Amnesty International and other human rights groups agree that as many as 100,000 Papuans have been killed under occupation.

West Papua is rich in minerals and oil. Transmigration, commercial logging, mining and other government-sponsored programs are considered to be in the interests of the nation, and take priority over any local land claims.

It has the world’s largest gold mine, controlled by the Freeport-McMoRan Company of Louisiana and the Anglo-Australian company Rio Tinto. General Suharto granted the concession under the 1967 foreign investment laws that opened Indonesia to near-unrestricted foreign wealth exploitation.

When guerrillas from the Free West Papua Movement sabotaged the mine in 1977, the army responded by killing at least 800 Papuans. This was not the first, not the last time the Indonesian military would be used to protect Western capital under the guise of “protecting the unity of the nation”. It is happening still.

Grasberg workers walked out on strike over pay and conditions on Wednesday. The mineworkers are paid between $1.50 and $3.50 per hour, less than a tenth of what their colleagues in other countries get, while between April and June 2011 Freeport made a profit of $1.73 billion. Most of the wealth extracted from the mine goes abroad – a tiny percentage benefits Papuans. Two thirds of West Papua’s forests – which are at the heart of Papuans’ traditional way of life – are designated for “production” by Jakarta.

An Indonesian military intelligence report leaked to the press in August showed how the island is awash with spies. And how badly equipped are the Papuan separatists to fight the Indonesian military. The TNI is armed and trained by the US and its allies as part of the East Asia Summit grouping, which is fast developing into a Nato for Asia.

Ahead of the planned Third Papuan Peoples Conference, Indonesian paramilitary forces linked to the police and Special Forces of the army appear to have stepped up military operations in the province, which have been described as a campaign of terror by people on the ground. According to KontraS, The Commission for the Disappeared, the army’s actions are illegal under Indonesian law.

Just like in East Timor before independence, West Papua is a prime example of a colony where the extraction of wealth for the benefit of a few outweighs a people’s fundamental right to self-determination. If atrocities such as the one at Lacluta are to be prevented in the future in West Papua, the TNI should withdraw and international investigators should be allowed access to the region.

Jakarta is at a crossroads with international attention focused on West Papua following the Pacific Islands Forum meetings in New Zealand. The head of the UN Ban Ki Moon was unequivocal when asked about Papua. Papuans’ rights should be upheld, he said. Indonesia’s government could take this opportunity to fulfill its pledge to grant Papuans autonomy. But this must include an end to the lawlessness of government-sponsored armed groups, a withdrawal of army units, and determining how Papuans’ natural resources are used must be the preserve of Papuans.

Warinussy on the politics behind the recent conflicts in Papua

Bintang Papua, 14 September 2011Manokwari: Yan Christian Warinussy, a Papuan human rights lawyer and executive direction of LP3BH, believes that the road leading toward dialogue between Papua and Indonesia has become clearer in the past few months.

The recent escalation of violence in various parts of the Land of Papua. such as Jayapura, Biak, Nabire and Manokwari as well as the Central Highlands will not dampen the aspirations of the indigenous Papuan people, that which were proclaimed in the Papuan Peace Declaration drawn up at the Papuan Peace Conference held by the Papuan Peace Network (Jaringan Damai Papua) on 5-6 July this year in Jayapura.’From the record of conflicts that have occurred in the Land of Papua up to the present day, I have been able as a human rights activist to reach a better understanding of the specific characteristics and background of the reasons for the various violent conflicts that have occurred in the Land of Papua recently. Moreover, we now know who the persons who having been plotting these incidents are, along with their political purposes. All this has helped us to understand the motivation behind these strange incidents which has made it possible for us to draw conclusions about who it is who is behind all these criminal incidents,’ said Warinussy.

Each of these incidents has occurred without leaving any trace of who was involved. This impression has been further strengthened by the fact that the police force throughout the land of Papua have been unable to identify who was behind each incident. It is also apparent that  the police have been unable to discover any significant evidence to reveal the perpetrators of these incidents.

In fact, he went on to say, each of these incidents have occurred without anything left behind that might help to identify the perpetrators. This would suggest that the criminal perpetrators are part of  a special unit that have undergone intensive training  and have been trained even to commit murders without leaving a single trace and in this way make it difficult for the police to conduct any criminal investigations. These crimes  have resulted in the Papuan people feeling more afraid to take actions in conformity with their rights to freedom of expression and freedom of opinion.

The intention appears to be to show to the central and local governments and to the international community that the security situation in West Papua is not safe because of the presence of the TPN/OPM. Yet, we have heard nothing at all from the TPN/OPM about who they think are behind these recent incidents. This has been aimed at thwarting the deeply felt aspirations of the indigenous people for dialogue with the Indonesian government.

Vested interests in the Land of Papua have for years pursued a strategy  within the context of development and general governance aimed at causing frictions  between those vested interests. This is something that needs to be discussed openly between all those involved, including the indigenous Papuan people, in order to find a peaceful solution and realise the aspirations for a Papuan land of peace as quickly as possible.

AHRC: Manokwari court sentences two Papuan activists in flawed trial

Urgent Appeal Update: AHRC-UAU-041-2011

15 September 2011

[RE: AHRC-UAC-117-2011: Police ill-treats peaceful protesters and forces rebellion charges in a flawed process]
———————————————————————
INDONESIA: Manokwari court sentences two Papuan activists in flawed trial

ISSUES: Freedom of expression; right to fair trial
———————————————————————

Dear friends,

The Manokwari district court in West Papua has sentenced two peaceful activists to seven and a half months and two years imprisonment respectively. The trial was characterised by a series of violations of the Indonesian criminal procedure and appeared to be politicised and biased. The victims had participated in a peaceful protest in December 2010. The Manokwari Court ignored several basic rights of the accused and the verdict was given despite the lack of sufficient evidence. Five more victims are still undergoing their trial process.

UPDATED INFORMATION:

On 14 December 2010, seven persons were charged with rebellion after they conducted a peaceful protest following a flag raising event. At the correctional facility, they were ill-treated and denied medical care for weeks resulting in serious health conditions. The AHRC issued this urgent appeal regarding their case.

The AHRC has now received information from LP3BH, a local legal aid group in Manokwari that the judges panel led by Cita Savitri, issued the verdict that two of the peaceful protesters, Melki Bleskadit (also known as Melkianus Bleskadit) and Daniel Yenu, were guilty of acts of rebellion, while the other accused are still undergoing the trial process. (photos:Daniel Yenu (left) and Melki Bleskadit (right) in court, source:LP3BH)

On 18 August 2011, the verdict against Mr. Bleskadit was declared and he was sentenced to two years imprisonment. The AHRC also learned that the verdicts were declared based on flawed testimonies. At the trial of both victims, no witnesses to the alleged crime were presented and the judges declared a testimony from a person who had not seen, heard or experienced the incident as sufficient evidence for a criminal conviction. According to article 1.26 and 1.27 of the Indonesian criminal procedure law (Law 8/1981) such a person is not permitted to be a witness in a trial. Responding to the two year sentence, the public prosecutor, Mudeng Sumaila submitted an appeal, demanding a higher sentence of five years. (photo: public prosecutor at Yenu’s trial source:LP3BH)

On 23 August 2011, Mr. Yenu was convicted to seven months and 16 days imprisonment. At Mr. Yenu’s trial, the judge also convicted the suspect in a trial based on flawed procedure. For example, according to the victim’s lawyer the prosecutor successfully present fabricated evidence such as a megaphone that was not actually used by Mr. Yenu. On 16 August 2011, the judge forced Mr. Yenu to appear before the court trial session without access to his lawyer.

On 19 August 2011, the judges refused the request of Mr. Yenu’s legal counsel to submit the plea to the court, although the Indonesia’s criminal code in article 182.1b entitles the suspect to submit such a plea.

The AHRC is very concerned that local authorities in West Papua frequently apply rebellion charges to peaceful Papuan activists and sentence them in flawed processes that lack proper evidence. The Police, prosecution and judges have thus shown serious disregard for the basic criminal procedure standards and fundamental principles of rule of law. The verdict in this case appears to be quite blatantly fabricated. The AHRC deplores the dysfunction and apparent politicisation of courts in West Papua as this leaves people without access to the law-based and impartial justice mechanisms, they are entitled to. (photo: judges at Yenu’s trial, source:LP3BH)

SUGGESTED ACTION:
Please join us in writing to the authorities listed below, asking them to thoroughly review and examine the trial process against Mr. Bleskadit and. Mr. Yenu and to review the criminal code application against the peaceful expression of opinion.

Please be informed that the AHRC is sending letters on this case to the and protection of the right to freedom of opinion and expression, the Special Rapporteur on the rights of indigenous peoples, and the Special Rapporteur on the independence of judges and lawyers calling for their interventions.

To support this appeal, please click here:

SAMPLE LETTER:

Dear ___________,

INDONESIA: Manokwari court sentences two Papuan activists in flawed trial

Name of victim: Melki Bleskadit, Daniel Yenu
Names of alleged perpetrators: The examining judges, Cita Savitri, I Gusti Ngurah Taruna W and Helmin Somalay
Date of incident: August 2011
Place of incident: Manokwari District Court

I am writing to voice my deep concern regarding the verdict against two Papuan activists, who were sentenced to imprisonment for conducting a peaceful protest in December 2010.

I know that on 14 December 2010, seven persons were charged with rebellion after they conducted a peaceful protest following a flag raising event. At the correctional facility, they were ill-treated and denied medical care for weeks resulting in serious health conditions.

I have receive information that the judges panel led by Cita Savitri, declared the verdict that two of the peaceful protesters, Melki Bleskadit and Daniel Yenu, were guilty for acts of rebellion, while the other five victims are still undergoing their trial process.

On 18 August 2011, the verdict against Mr. Bleskadit was declared and he was sentenced to two years imprisonment. The AHRC also learned that the verdicts were declared based on flawed testimonies. At the trial of both victims, no witnesses of the alleged crime were presented and the judges declared a testimony from a person who had not seen, heard or experienced the incident as sufficient evidence for a criminal conviction. According to article 1.26 and 1.27 of the Indonesian criminal procedure law (Law 8/1981) such a person is not permitted as a witness in trials. Responding to the two year sentence, the public prosecutor, Mudeng Sumaila submitted an appeal, demanding a higher sentence of five years.

On 23 August 2011, Mr. Yenu was convicted to seven months and 16 days imprisonment. At Mr. Yenu’s trial, the judge also convicted the suspect in a trial based on flawed procedure. For example, according to the victim’s lawyer the prosecutor successfully present fabricated evidence such as a megaphone that was not actually used by Mr. Yenu. On 16 August 2011, the judge forced Mr. Yenu to appear before the court trial session without access to his lawyer.

I learned that on 19 August 2011, the judges refused the request of Mr. Yenu’s legal counsel to submit the plea to the court, although the Indonesia’s criminal code in article 182.1b entitles the suspect to submit a plea to the court.

I am very disturbed to hear that local authorities in West Papua frequently apply rebellion charges to peaceful Papuan activists and sentence them in flawed processes that lack proper evidence. The police, prosecution and judges have thus shown serious disregard for the basic criminal procedure standards and fundamental principles of rule of law in this case. The verdict appears to be fabricated and I am very concerned about the impartiality of the local courts and their disregard for Indonesian criminal procedure.

Therefore, I urge you to review and examine the trial process of both victims. The authorities concerned should look into the victim’s allegations of procedural failures in the local institutions and the ongoing lack of intervention – as far as I am aware – following the victims earlier complaints. The principle of fair trial as required by international and national law must be applied in the appeal’s process in the case of Mr. Bleskadit, Mr. Yenu and the ongoing trials of the other five accused.

Yours sincerely,

—————-
PLEASE SEND YOUR LETTERS TO:

1. Mr. Susilo Bambang Yudhoyono
The President of Indonesia
Jl. Veteran No. 16
Jakarta Pusat
Indonesia
Phone : +62 21 3863777, 3503088.
Fax : +62 21 3442223

2. Head of National Commission on Human Rights of Indonesia
Jalan Latuharhary No.4-B,
Jakarta 10310
Indonesia
Phone: +62 21 392 5227-30
Fax: +62 21 392 5227
Email : info@komnas.go.id

3. Office of The Anti Judicial Mafia Task Force (Satgas)
PO Box 9949
Jakarta 10 000
INDONESIA
Contact on website: http://www.satgas-pmh.go.id/?q=node/157

4. Chief Justice of the Republic of Indonesia
Mahkamah Agung
Jalan Medan Merdeka Utara No.9-13, Jakarta 10110
INDONESIA
Phone: +62 21 3843557 -3453348
Fax: +62 21 383541

5. Chairman of Judicial Commission
Komisi Yudisial Republik Indonesia
Jl. Kramat Raya No. 57, Jakarta Pusat
INDONESIA
Phone: +62 21 3905455;
Fax: +62 21 3905455;
Email: kyri@komisiyudisial.go.id

6. Head of Manokwari District Court
Jl. Merdeka No. 69
Nabire, Jayapura 98815
INDONESIA
Phone: +62 984 21007
Fax: +62 984 24087

7. Head of Jayapura High Court
Jl. Tanjung Ria No. 98. Base “G”
Jayapura 99117
INDONESIA
Phone: +62 967 541045, 541443, 541248
Fax: +62 967 541045

Yours sincerely,

Thank you.

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

 

 

 

Seven months and 16 days for Dance Yenu

JUBI, 24 August 2011

Dance Yanu has been sentenced to seven months and 16 days by a judge at the Manokwari court after being found guilty of makar (subversion).

Reporting the verdict, one of the defence lawyers, Simon Riziard Banundi, said that they were not convinced about the court’s verdict.  ‘We members of the defence team cannot accept the verdict passed by the judges.  There is every reason to doubt their decision.’

Banundi said that his client should be released because the court failed to prove that he was guilty of makar (Rebellion or Subversion charges). The defendant’s colleague Melkianus Bleskadit has been found guilty of makar.

In a previous hearing at the court, the prosecutor asked for a sentence of five years. Dance Yenu was arrested together with Melkianus Bleskadit as they were unfurling a flag on the anniversary of Melanesian independence day on 14 December 2010.

https://westpapuamedia.info/2011/04/05/charges-against-two-papuan-defendants-at-variance-with-other-court-documents-also-statement-by-warinussy/

Kontras: SBY must prioritiser the Papuan problem and stop the Escalation of Violence

THE PRESIDENT MUST GIVE PRIORITY TO REACHING A DIGNIFIED SOLUTION TO THE PAPUAN PROBLEM AND TO PREVENTING THE ESCALATION OF VIOLENCE IN PAPUA

There are fears that the prospects for peace in the land of Papua will become increasingly difficult for three reasons. The first is the escalation in the level of violence that has been disrupting the situation in Papua. The second is the total lack of accountability regarding security operations in Papua by the TNI, the Indonesian army, and Polri, the police force., and the third is the ambivalence in the President’s attitude towards the Papuan problem. If nothing is done
about these three problems, it can lead to activities that would be counter-productive for achieving a dignified solution to the Papuan situation.

The first problem, the latest in the occurrence of acts of violence in Papua, happened on Sunday, 21 August when a man named Das Komba, 30 years old, was found dead, having been murdered near his garden. Prior to this, there was information that the TNI in Arso would be holding training exercises near this man’s garden. Two women who usually garden nearby had met several people who were thought to be members of the TNI somewhere near the garden. This led to people in the vicinity becoming very fearful and feeling very unsafe. The killing came on top of a spate of incidents of violence and killings [altogether nine during August] that have occurred in Papua, particularly in the wake of the Papuan Peace Conference .

The second problem relates to the deployment of TNI forces and the role of Polri in Papua. The deployment of troops is not related to any political decision by the President or the Indonesian parliament, the DPR RI, but was promoted by the TNI. Such a political move should be accompanied by a clear mechanism for accountability as provided for in our laws. It is therefore abundantly clear that the security operations by the TNI are illegal and are in breach of the regulations. The government should have learnt from past experience in Aceh and Timor-Leste that the security approach never solves problems but only
intensifies the issues, making any solution even more difficult.

The illegal use of TNI forces also provides more evidence of the weak role of Polri in taking charge of security in Papua. Polri is increasingly showing that it lacks confidence in itself and its incapacity to take charge of security, in accordance with its mandate as stipulated in the Law on Polri. The government should be providing as much support as possible for the role of Polri in safeguarding security for the general pubic with the use of persuasive methods.

Aother problem that is no less important is the recent leak of Kopassus operational documents which drew attention to the huge role of intelligence and to the clarification of the TNI’s active role in pursuing the security approach in Papua.

The third problem relates to the attitude of the government, in particular the ambivalence of the President.  In a series of interviews, the President has spoken about achieving wellbeing for Papua.   But on the other hand, security continues to be the main approach and is not accompanied by any overall correction to security operations that do not promote the safety and sense of security of the people in general.

We therefore make the following demands:

1. The President of Indonesia should hold dialogue with the Papuan people representing all the interests of the Papuan people . This should be done in a dignified manner and should respect basic human rights.

2. The President of Indonesia should adopt a firm attitude to stop all the polemics going on among his ministers and pursue a single policy for Papua. The policy should be directed towards a model for solving the conflict and not just consist of speculations and stigmas.

3. The government should put an end to the continuing acts of violence and killings that have been occurring in Papua and make an evaluation of the presence and deployment of TNI forces, while maximising the role of Polri as the ones who are responsible for security.

4. All sides should play an active part in halting all forms of violence which can only have a negative impact on the peace process which is what the general public wants to happen.

Jakarta, 23 August 2011

Kontras: Commission for the Disappeared and the Victims of Violence

Create a website or blog at WordPress.com

Up ↑