Fairfax:Anti-terror unit deals out own terror

Anti-terror unit deals out own terror
Tom Allard, Maluku
September 13, 2010

Reposting as WPMA were fixers

Ambonese prisoners claim they have been tortured and beaten by Detachment 88, Indonesia’s elite counter-terrorism unit funded and trained by Australia. See video at http://www.theage.com.au/national/antiterror-unit-deals-out-own-terror-20100912-15702.html

AUSTRALIA has sent an official to the Indonesian province of Maluku to investigate claims that Indonesia’s elite counter-terrorism unit, Detachment 88, which Australia and the US train and fund, brutalised a group of separatists last month, repeatedly beating and abusing them in detention

The alleged serious mistreatment of political activists in the Indonesian province comes as it emerged that, in May 2008, the US secretly banned members of Detachment 88 in Maluku from receiving assistance.

The Age has also learned that the Australian government is ”aware and concerned” about the activities of the Detachment 88 officers, sending an official to Ambon, Maluku’s capital, to investigate two weeks ago.

But human rights activists argue the response from the donor nations is inadequate because the abuses of peaceful protesters, which were first documented in late 2007, continue.

About 12 activists were arrested in early August and taken to the Detachment 88 office in Tantui, a suburb of Ambon, where they say they were subject to mistreatment both brutal and bizarre, an investigation by The Age has revealed.

The arrests occurred after police and intelligence officers foiled a plot to float dozens of banned flags and other political material attached on helium-filled balloons across Ambon when Indonesian President Susilo Bambang Yudhoyono and foreign guests were in town for the Sail Banda regatta.

Seven of the prisoners smuggled out recorded statements, while another activist was interviewed while recuperating from a fractured hip. He was handcuffed to his bed in hospital.

All said they were blindfolded and then hit around the head and body by the police officers during interrogation, sometimes with wooden sticks and bars or while forced to hold painful stress positions.

Police allegedly jumped on the prisoners, burned them with cigarettes, pierced them with nails, and brought them to the point of suffocation with plastic bags placed over their heads.

One said he was forced to eat raw chillies, while two said they were ordered to hug and kiss each other and beaten when they refused. ”We were all tortured beyond limit and, during the torture, if we mentioned the name of the Lord Jesus, we would be punched and slapped,” said Yusuf Sahetapy, one of the prisoners.

A spokesman for Australia’s Department of Foreign Affairs and Trade declined to confirm or deny whether Australia had, or would, institute a ban on Detachment 88 officers like the US, saying the department would not comment on individual members of the unit.

‘The Australian government is aware of, and concerned by, the allegations of brutality towards political prisoners,” the spokesman said. ”We will continue to monitor the situation and make representations as necessary.”

Detachment 88’s commander, Tito Karnavian, said the unit in Maluku was not under his control, and referred inquiries to local police.

The director of criminal investigations in Maluku, Jhonny Siahaan, said ”no violent act was ever used during the investigation. All the people arrested are doing fine. None with broken bones, all healthy, none hospitalised. It is our department doing it, not Detachment 88.”

But The Age interviewed one of the prisoners, Yonias Siahaya, in hospital, where he was recuperating from a fractured hip and was handcuffed to his bed. Mr Sahetapy also said he spent two days in hospital, before returning to detention and more beatings.

The Age also obtained one of the arrest warrants for the men, which is signed by Dwight Jordan de Fretes, who is identified as acting commander of Detachment 88 in Maluku.

Phil Robertson, deputy director for Asia of Human Rights Watch, said the allegations of torture by Detachment 88 have been consistent and detailed for three years, and Australia and the US needed to pressure the Indonesian government.

”Detachment 88 should be investigated by an independent body. The international donors should press very hard and consider suspending or limiting assistance,” he said. ”This kind of torture is a damning indictment of the Indonesian government … and of those who support Detachment 88.”

Related articles

Protesters tortured, beaten and humiliated by elite force http://www.theage.com.au/world/protesters-tortured-beaten-and-humiliated-by-elite-force-20100912-156y9.htm
Evidence is building that Detachment 88, which Australia and the US train and fund, is out of control.

Crack unit created after Bali attack
http://www.theage.com.au/world/crack-unit-created-after-bali-attack-20100912-156y8.html

Special Detachment 88, or Densus 88, is a crack Indonesian counter-terrorism unit that many Indonesians admire for its success in hunting down terrorists and preventing attacks.

Institute of Papuan Intellectuals calls for a referendum

Bintang Papua, 7 September 2010

[Abridged in translation]

The Central Council of the Institute of Intellectuls in the Land of
Papua has issued a statement which rejects any move to Revise and
Evaluate Special Autonomy. They said that the Special Autonomy Law – OTSUS – was adopted nine years ago but, they asked, what has the
government done in all that time?

When it was adopted, OTSUS was described as being an alternative move by the central government in response to the wishes of the indigenous people to secede from the Indonesian Republic. This was because of the huge disparity in many spheres, such as welfare, education, economic activities,.health, infrastructure and human rights violations.

In fact, OTSUS was introduced by the Indonesian government in order to ensure that West Papua remains with the Republic of Indonesia.

Implementation of the law should have involved the introducetion of
special regulations – Perdasus and Perdasi – but the central government along with officials of the two provinces, Papua and West Papua have turned OTSUS into a disaster for the people of the Land of Papua. So what can the central government be proud of achieving in its wish to revise and evaluate OTSUS?

The statement said in conclusion:

The Institute of Intellectuals of the Land of Papua and its members
throughout Papua, in other parts of Indonesia and abroad, hereby declare:

1. We reject any revision of OTSUS and any evaluation of the
implementation of OTSUS.

2.We call for a Referendum.

3. We call on the UN to facilitate the process for a referendum in West
Papua.

4. We call on the UN to take action to uphold the rights of the indigenous people of West Papua.

Signed by:

Pares L. Wenda, Chairman for Politics, Law and Human Rights

Natalsen Basna, General Chairman

International League of People's Struggle supports West Papua

News

In Amsterdam on August 21, The International League of Peoples’ Struggle, passed resolutions to support the struggle for justice in West Papua.

Full text of resolutions below:

RESOLUTION ON WEST PAPUA
21 August 2010

The International League of Peoples’ Struggle (ILPS) expresses its unreserved support for the aspirations of the people of West Papua for freedom and justice for the West Papuan peoples.

The situation in West Papua continues to deteriorate with military operations against the West Papuan people backed by US and Australian interests.

Since March 2010, the Indonesian reactionary government has launched military operations, among others, in Puncak Jaya, Papua province. The operations aim to destroy the people’s struggle to defend their land and natural resources from national and multinational company plunder. The military operations have caused great danger on the lives of the people, destitution and grave violations of human rights.

The International League of Peoples’ Struggle (ILPS) also calls on the world people to support the following demands:
– To immediately stop and suspend all military and paramilitary operations against civilians;
– To immediately stop the so-called anti-terror troops (Detachment 88) funded by the United States and Australia, from being utilized against the people expressing their right to protest and demonstrate;
– To immediately release all political prisoners without prejudice; and
– To bring all perpetrators of human rights violations to justice.

RESOLUTION ON DISCUSSION AND DIALOGUE

21 August 2010
The International Coordinating Group (ICG) supports the initiative by the International League of Peoples’ Struggle (ILPS) Australian Chapter, in conjunction with the ILPS Indonesian Chapter, to organize discussion and dialogue with the West Papuan people.

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
****************************************
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

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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