Tag: TNI

KontraS: Arrest and torture of 13 Papuans have worsened the situation in Papua

(West Papua Media Note: this event also subject to a lengthy and detailed investigation by West Papua Media that will be published in coming days) 

Statement by KontraS on 3 September 2011Arrests and torture of ordinary Papuans by the Police and the Army (Polri/TNI) have worsened situation in PapuaKontraS condemns the appalling practices of torture and criminalisation which were perpetrated by the law enforcement agencies against of a number of Papuan people by the police in Papua. Such activities are a serious violation of their human rights which should be avoided at all costs because they are in breach of a number of legal provisions.

Acts of torture and criminalisation were perpetrated on 31 August, during Lebaran, and occurred early in the morning. when a number violent acts also  took place. These activities were perpetrated against a group of Papuans  and occurred as they were being arrested by the police who were acting in violation of the laws in force. The details of what happened are given in the chronology attached to this statement. [Abridged translation only]

These criminal acts were perpetrated without being credibly justifiable in relation to the allegations being made. We fear that this is part and parcel of the practice of stigmatisation of Papuan people which has been developed by the state apparatus, in particular the police and the army,  in their law enforcement activities.

The practice  of torture is inhumane and is moreover in breach of Law 5/1998 regarding the ratification by Indonesia of the  Convention Against Torture . This means that components of law and the security apparatus, in particular the police, are bound by law to  refrain from such practices  and to punish those who perpetrate such acts (see articles 1 and 2). They are also bound by Law 39/1999 on Basic Human Rights, article 33 of which prohibits the use of torture.

With regard to the police, these acts are also in violation of internal police regulation 8/2009 which clearly prohibits the use of torture.

This latest incident  is an indication of the fact that torture and criminalisation have become integral to police practices when they try to obtain statements (that is to say, confessions) from persons who are suspected of committing crimes. In the second place, this behaviour represents a repetition of previous acts of torture that have occurred in Papua. With regard to the army, they are not entitled to be involved in making such arrests. A year ago, we were all stunned when we saw the brief, amateur video  broadcast on Youtube showing members of Brimob and the army engaged in acts of torture against people alleged to be members of the OPM.

Such practices undermine the confidence of ordinary Papuan people in the police. In the past few months, violent practices have been  spreading throughout Papua  such as  the case of 16 people arrested in 2010 and seven people who were arrested in Manokwari. It is necessary to strengthen the confidence between the government, the various pro-independence groups, civil and customary society  and other elements. It is also necessary to strengthen people’s confidence and respect in the implementation of democratic principles such as the law and human rights. The practise of torture will only make it more difficult to comply with the agenda for peaceful dialogue with Papua.

We therefore call on Kompolnas (the police community) and the National Human Rights Commission to investigate these reported incidents of torture  in Papua. And once sufficient evidence has been found, the perpetrators must be made accountable before the law. This is important in order to show that there is no discrimination in law between Papuan civilians  who are vulnerable to actions by law enforement agencies who are treated like heroes  for taking actions against alleged separatists.

This should also be an occasion for the police to improve their behaviour which has been damaged by the continual practice of torture by members of the police force.

We take this opportunity to remind the President that the continuing lack of clarity in the policy of the government towards Papua is a threat to the security and livelihoods of the Papuan people.

3 September 2011:
Kontras National Executive: Haris Azhar, Co-ordinator.
Kampak (?) Dorus Wakum, Chairperson

A chronology attached to the statement provides details of the place and time of the arrests.

The thirteen arrested persons are alleged to have caused unrest during an Idul Fitri ceremony that was being held on the premises of Brimob. They are alleged to have been involved in shootings in Nafri Kampung which resulted in the deaths of three civilians and one member of the TNI.

During an assault, the police fired shots in the direction of  the Wahno Baptist Church and then confiscated traditional equipment such as arrows, machetes and knives as well as some OPM documents.

The thirteen persons are:

Yawanus Kogoya.
Tinus Wenda
Siki Kogoya
Arinus Wenda
Yusman Kogoya
Mis Kogoya
Bodi Kogoya
Wen Wenda
Denias Kogoya
Ekimar Kogoya
Panius Kogoya
Yeskiel Kogoya
One unidentified person

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Church leaders mediation efforts between TNI/Polri and TPN/OPM in Paniai

JUBI, 29 August 2011

The churches in Paniai are very concerned about the unsatisfactory situation that has continued in Paniai following an armed skirmish that took place on 17 August, and also about reports that additional troops have been sent to Paniai to search for two firearms that were reportedly seized from police headquarters in Komopa on 15 August. In view of this situation, the churches are trying to mediate between the TPN/OPM and the Indonesian army and police to reach a dignified agreement to solve these problems.

The Rev. Hana Tebay, S. Th.said in a meeting on Sunday, 28 August that they had made approaches to the TPN/OPM and the Eduda headquarters (?) two days previously and she also said that in the near future, church leaders would be meeting the chief of police in Paniai.

‘The church is neutral. In our view we are all children of God which is why we speak from the heart with both the TPN/OPM and the security forces, the army and the police, she said.

‘We hope and pray that our efforts will bear fruit because we very much regret the continuation of these unsatisfactory conditions. A solution can be found and we will do everything in our power to mediate between the two sides so as to safeguard security in Paniai,’ she said.

The co-ordinator of the KINGMI Church in Paniai, Rev. Gerard Gobai, S.Th. said that the churches will use their prophetic mission to put an end to the situation that has emerged among the people. This situation has led to the people abandoning their homes, their work, their animals and fleeing from their homes.  As a result, Sunday worship meetings were attended by far fewer people than usual.

‘We are hoping for a solution. The two sides must agree to engage in peaceful efforts. ‘

He also expressed the hope that the local government would not allow this situation to continue for this would mean the continuation of a state of uncertainty for the people who are now living in fear.According to the mass media, the situation in Paniai is safe, but the fact is that the people feel very afraid. The place for the people is there, and they should not be wanting to flee from Paniai.

‘How can the people feel calm if even the bupati (sub-district chief) has vanished from Paniai?’

He went on to say that as far as the church is concerned, everyone must strive to make Papua a Land of Peace.

‘There must be an end to disorder, to conflict, an end to the loss of life..The church therefore expects the government to make serious efforts together with the TNI/Polri and the TPN/OPM to think about joint efforts to end this situation, and in particular to secure the return of the two firearms.’

[This item and the previous item from JUBI were translated by TAPOL]

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Churches speak out for peace and security in Paniai

JUBI, 29 August 2011

The desire for peace in the district of Paniai is a common aspiration, especially in the wake of the many conflicts that have occurred in the recent past.   Everyone should be aware of the need to work together to restore a sense of security so that people can continue with their day-to-day activities.

These were the words contained in a press release issued by the Commission for Justice and Peace of the Paniai Diocese and the Commission for Justice and Peace of the KIINGMI Church on 28 August.

The representative of the Diocese of Paniai, Fr Marko Okto Pekei, and Yafet Tetobi of the KINGMI Church said that they hoped that the leaders of the security forces would not deploy forces from outside Paniai.   Moreover, they hoped that the forces already in the area would not roam round freely in the area with all their military equipment because doing so would only worsen the situation. People who are now thinking about returning home to Enarotali, Madi and places close by will start feeling afraid of going back to their kampungs after
realising that the situation is not yet safe.

They also said that all sides should realise that the preservation of security and an atmosphere of peace is the duty of all, leaders of the communities, the security forces – TNI the army and Polri, the police – as well as the TPN/OPM, leaders of the community, religious leaders, leaders of customary groups and leaders of the women and the youth.

The two church commissions for peace and justice also deeply regretted the wounding of two people during an armed conflict that occurred on 17 August in Uwibutu, Madi.  ‘We also deeply regret the actions of certain elements who have destroyed the economies of families living in the area.’

They went on to say that any problems between the security forces and the TPN/OPM should be handled by means of persuasion, not by the use of repressive military measures because the latter would only result in casualties among civilians who are not in any way involved in these matters. Repressive measures, that is to say, violence or armed conflict, will only result in casualties. This means that all sides are responsible for preserving peace and security for the civilian population.

The church representatives said that they had felt called upon to speak out about the unsatisfactory conditions of the local people during the past three weeks. The various churches in Paniai have therefore been trying to mediate to find the best possible solution that accords with the wishes of the people so that they can live in safety and prevent the occurrence of casualties among the people.

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OPM condemns shooting of Papuan in Keerom

Bintang Papua, 22 August 2011The Papuan National Liberation Army, the military wing of the OPM has condemned the shooting dead in Arso 14, district of Keerom of a Papuan named Dasnum Komba which occurred on 17 August. According to the TPN/OPM Komba died after being shot by members of the 330 infantry brigade (Yonif 330) which is based in the area.[See our translation of a report by ELSHAM about the failure of Komba to return home from his garden which we posted yesterday.]

‘We strongly condemn this killing and call on President Susilo Bambang  Yudhoyono to take action to solve the Papuan issue,’ said Lambert Pekikir, general co-ordinator of the TPN/OPM in the area..

He called on the police in the area as well as the military commander of the Cenderawasih Military Command, Major-General Erfi Triassunu to arrest the perpetrator of this crime and deal with the case in accordance with the law. ‘The military commander and the police must take responsibility for this case. He was apparently shot because he was suspected of being a member of an armed unit. ‘The shooting happened while the victim was working in his garden which is not far from Arso 14.’

Suddenly a large group of soldiers arrived at the spot and started asking him questions. Because he could not speak Indonesian very well, they started to beat him. ‘Then the victim was shot, his body was put into a sack and buried nearby. Some people who happened to be nearby saw the incident  but were afraid to do anything because it would have meant confronting a member of the military, so they went to informed Komba’s family.’

‘Since this happened on 17 August, Indonesia’s independence day, it was not reported (in the press). ‘The incident has been covered  up but the fact is that he was shot in the chest. Lambert did not see the incident himself but received a report from some of his subordinates and also heard about it from a local inhabitant. ‘We dont want any more incidents like this. It must stop,’ said Lambert.

He said that the president, SBY, should understand that this is not just a trivial incident, and should realise that Papua has now become a matter of international concern.

Major-General Erfi Triassunu later confirmed that shots were fired by a member of the TNI- the Indonesian army – because they alleged that Komba was preparing to attack his men. He said he was not clear about what happened but claimed that Komba had tried to seize a weapon from his men who were on patrol in the area. According to Triassunu, his men could not possibly have shot someone at random. He said that the TNI has a ‘noble duty’ in Papua  and would not do such things, still less would they do it during Ramadan, the fasting month.

According to Bintang Papua, an autopsy confirmed that there weere fragments of ammunition in Komba’s body but the calibre of the bullets is not known. Witnesses said that Komba had been told  to go home by three soldiers, but just as he turned round, intending to return home, they heard two gunshots. His body was not found until Sunday, two days after the shooting.

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Paniai people call for a halt to the deployment of more troops

JUBI, 25 August 2011

Following the armed skirmishes between the Indonesian army and police with a group thought to be the TPN/OPM led by John Magay Yogi, and a number of mysterious shooting incidents, the towns of Enarotali and Madi in Paniai district are full of military personnel who have arrived from outside Paniai.  Although the situation was thought to have improved, the presence of military personnel has spread anxiety among the population.

The reason for the increased deployment of troops to Paniai may be to hunt down some weapons that were seized by unidentified persons from the police station in Komopa, sub-district of Agadide on 16 August.  Or is it because Paniai is regarded as an area of conflict which needs extra action on the security front?

Whatever the reason, the local people along with local government officials long for a peaceful Paniai and call for a halt to the dispatch of more military troops. The local people have called on the local military chief, the military commander of XVII/Cenderawasih military command as well as President Susilo Bambang Yudhoyono to pull back these troops from the area.

A local community leader said: ‘Paniai is calm but many troops and police have been sent here. Is it because there is a war?’

According to Yafeth Y Kayame, head of the Suku Mee people, the additional deployment of many troops to Paniai has undermined the call for peace that was made last Saturday in Enarotali.. Local people have become more frightened than ever.

People are asking ‘Why have they come to Paniai? Enarotali and Paniai are not areas of conflict so the authorities must stop sending troops here.’ They have been arriiving here over the past four days, so who do they want to fight with? Or do they want to kill all of us here?’

The local administration should not keep silent but should take steps to safeguard security for the population. If it is only to re-capture two firearms, then the troops already here would surely be enough, without bringing in more troops, they say.

Many people think that the presence in the area of TPN/OPM forces in Eduda is being used as a justification to bring troops here from Jayapura and Nabire. According to some sources, in addition to infantry brigade 753/Arga Vira Tama Nabire, a Brimob company is also being deployed to Paniai.

Although this has been denied by Major-General Erfi Triassunu, the military commander of XVII/Cenderawasih military command, the fact is that these ‘new’ troops can be seen almost every day driving along the roads in convoys.

Meanwhile, anxiety has continued to spread among the local people and many have left their homes with a new exodus starting on Tuesday.

[Slightly abridged translation by TAPOL]

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