Tag: right of free expression

Students press for action against widespread corruption in Papua

Bintang Papua, 27 June 2011
PAPUA A PARADISE FOR CORRUPT OFFICIALS

Students urge DPRP to adopt a regulation on combating corruption

Jayapura: Papua is a veritable paradise for people who corrupt the people’s money  while a number of top-level officials behave as if they are beyond the law,’ said Thomas Sugi, chairman of the Students Executive Board of the Faculty  of Law at Cenderawasih University. He was speaking at a demonstration of youth and students outside the  DPRP – Papua Provincial Legislative Assembly.

The students urged the DPRP to draft a regulation, known as a Perdasi, dealing with corruption and stamping it out. It has been estimated that as much as Rp. 28 trillion of OTSUS – special autonomy – funds were embezzled during the eight years from 2002 – 2010 following the adoption of the OTSUS law, according to the findings of the auditing body, BPK published on 18 April 2011.

Sugi said he hoped that such a regulation would act as a dis-incentive for officials of the province  who were thinking of embezzling money that belonged to the people. He said that the students fully support comments made about this problem on a number of occasions by the chief of police of the province, Drs Bekto Suprapto.

But he added that, should the law enforcement agency – the police – be shown to be seeking to protect the corruptors, then they would  press for the adoption of a non-confidence motion in the police chief for failing to keep his promise.

On the same occasion, the chief of police of Jayapura, AKBP Imam Setiawan SIK who had been pressed to support efforts to stamp out corruption in Papua declared that the aims of the demonstration were an inspiration to the law enforcement agencies. He said that they would act with all speed via the judiciary in cases where people in the community alleged that corruption had occurred.and would make regular reports to the general public on the matter.

‘The chief of police of the province also called on local police chiefs at the sub-district level to report at least three cases of corruption a year that were under investigation..’

And for the current year, he said, we would call for at least five cases to be handled.

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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.

# # #

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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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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THOUSANDS OF INDIGENOUS WEST PAPUANS TO GATHER IN SERUI TO SUPPORT WEST PAPUA NATIONAL AUTHORITY (WPNA) AT TASSC ‘ABOLISH TORTURE WEEK’ IN WASHINGTON DC

by West Papua National Authority Foreign Affairs office

David Abon, Governor of the West Papua National Authority in Yapen-Waropen-Mamberano, says that having two representatives in Washington participating in ABOLISH TORTURE WEEK in Washington DC is a source of inspiration for all West Papuans.

Herman Wainggai has been invited by the Coalition of International Torture Abolition and Survivors Support (TASSC) to participate in its seminars at George Washington University and Catholic University of America, a Vigil to End Torture in front of the White House, and Congressional Briefings on Capital Hill.

“Herman’s presence at this international gathering shows the world that West Papua’s independence is an international issue, and well beyond the capacity of the Indonesian government to deal with” said Mr Abon in Serui.

“When the US Congress hears about the latest Indonesian military activities in West Papua, they will be listening closely” said Rev. Terrianus Yoku, President of WPNA Congress, as thousands welcomed him in Serui for the rally today.

In the distinguished tradition of non-violence, the WPNA rally in Serui on begins with a long march (called “jigjog” in local slang) from Wombai Park on the beach to the People Representatives Office (DPRD).

“All West Papuans want is justice and democracy” said WPNA’s Jacob Rumbiak in Australia, himself a victim of torture and long-term incarceration. “Is President Yudhoyono brave enough to follow President Obama’s signature on self-determination for Puerto Ricans”.

“Releasing our political prisoners would be a good start” he added.

RALLY INTERVIEWS:  contact details for on ground spokespeople available to bona fide journalists – please contact West Papua Media on +61450079106 or editor<@>westpapuamedia.info .  West Papua Media will be be monitoring the situation closely.

CORRECTION: AN EARLIER POST SAID THAT KNPB (KOMITE NASIONAL PAPUA BARAT) WILL ALSO BE HOLDING RALLIES IN JAYAPURA IN CONJUNCTION WITH THESE DEMOS.  WE HAVE BEEN ADVISED THAT THIS IS INCORRECT, HOWEVER PLEASE STAY TUNED FOR UPDATES FOR KNPB ACTIONS.

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Statement of deep concern by Coalition of Human Rights Defenders in Papua

Bintang  Papua, 17 June 2011Human rights defenders in Papua very worried

Acts of violence and terror that have been perpetrated against human rights defenders as well as against journalists have led to a  sense of deep concern among human rights NGOs and religious organisations which are members of the Coalition of Human Rights Defenders in the Land of  Papua

The following NGOs held a press conference in Jayapura  on Friday 17 June, to convey their problems:

KomnasHAM- Papua, the Synod of the Kingmi Church in Papua, the Synod of the Baptist Church in Papua, Foker NGO (NGO Working Group) Papua, Kontras Papua, LBH – Legal Aid Institute in Papua, and BUK, United for Truth.

Foremost among the agencies criticised was the TNI, the Indonesian army whose members were involved in a number of acts of violence. They drew attention in particulate to five incidents that had occurred during the past five months in which members of the TNI were involved:

‘Up to June this year, there have been at least five incidents which reflect the  arrogance and random actions perpetrated by members of the TNI,’ said Olga Hamadi, the co-ordinator of Kontras Papua. Others present at the press conference included the Rev. Benny Giay, chairman of the Synod of the Kingmi Church in the Land of Papua, Mathius Murib, representative of Komnas HAM-Papua, Eliezer M, LBH-Papua, Julian Howay of the ALDP, and a number of human rights activists.

They said that the much-vaunted  reforms within the TNI were rarely reflected in the activities of members of the TNI on the ground. ‘Is this what the commander of the TNI was praising so profusely during his recent visit to Papua,’ wondered Rev Giay.

Mathius Murib  said that the incident that occurred in Puncak Jaya a few months ago had drawn a great deal of public attention, nationally as well as internationally. [This refers to the acts of torture against Papuans that were circulated by video.]

‘All their talk about Love and Peace is far from been applied by members of the security forces on the ground. Isn’t it time for them to change their tune?’

They said that the continued occurrence of acts of violence and intimidation by members of the TNI is a clear indication that no actions have been taken against members of the TNI who have violated the law.

‘We are concerned about the impact this is having on the reputation of the Indonesian state and wonder  what is being done to protect the rights of human rights defenders,’ said Olga Hamadi.

She said that in cases where members of the TNI had been involved in acts of violence, all that had happened was that they had been moved sideways. ‘Or, in those instances where they had been taken to court, they had appeared before a military tribunal and the verdicts were often unclear or had had little if any effect.,’ said Peneas Lokbere, co-ordinator of BUK.

The Coalition of Human Rights Defenders in the Land of Papua therefore issued the following statement:

1. Protection is needed for human rights defenders in Papua in carrying out their humanitarian activities throughout the Land of Papua. Such protection can be provided by the introduction of a special law, while at the same time setting up an independent commission at state level for the purpose of monitoring and advocacy as well as taking sanctions against those individuals who commit violence against human rights defenders.

2. As a short-term measure, we regard it as important to set up a special bureau within Komnas HAM to focus on the protection of human rights defenders.

3. In view the many acts of intimidation and violence perpetrated by members of the armed forces, we urge the military commander of  Cenderawasih XVII military command  to take firm measures in the law courts and administration against all violations perpetrated by members of the TNI on the ground.

4. To provide moral guidance  to all officers of the armed forces  as well as disseminate an understanding of human rights so as to ensure that acts of violence  perpetrated by members of the armed forces are not committed against civil society or against human rights defenders in the Land of Papua.

[Translated by TAPOL]

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