Tag: torture video

KONTRAS: Torture acts are not taken seriously

(WEST PAPUA MEDIA has edited this article for linguistic clarity)

Summary for International Day in Support of Victims of Torture

To commemorate International Day in Support of Victims of Torture (26 June), the Commission for the Disappeared and Victims of Violence (KontraS) published an annual report titled, “Torture: Cruel Acts That Are Not Taken Seriously”.  This report is a summary of several torture incidents that received broad public attention (both nationally or internationally) throughout July 2010 – June 2011, especially elaboration of various complaints on torture cases, which were handled directly by KontraS.

The report checks how far the state has implemented human rights standards in their policies and national regulations produced.

KontraS’ advocacy work regarding torture cases are still to become part of the main agenda and needs to be mainstreamed to the public.   This agenda, besides pressuring the state to proactively deliver positive outcomes in human rights protection through policies and regulation reform,  also will provide public education to keep pushing for maximum protections on non-derogable (inalienable) rights, in all spheres of life.

State  “stuttering”  in responding to torture incidents can be seen from the cancellation of President Susilo Bambang Yudhoyono’s visit to The Netherlands at the end of last year.  The cancellation was in response to a legal suit submission to  a Netherlands court by activists of South Maluku Republic (RMS) residing in the Netherlands.   The Lawsuit was a legal-political action against Indonesian National Police officers  who tortured alleged RMS activists after a Cakalele dance performed in front of SBY, present with many foreign diplomats and guests during their visit to Maluku in 2007.

The next failure continues at the end of 2010.  Two torture videos circulated freely and widely on Youtube website.  In the short video  shown several people in military uniform are committing brutal and inhuman treatment followed by intimidating interrogation questions.  The SBY regime responded swiftly, confirming torture practice (did occur) in Tingginambut, Puncak Jaya District, Papua Province.   Although in the end, the Military tribunal III-9 (of Military Command District Cenderawasih, Jayapura, Papua) fall short by giving only light sentences to the 7 defendants which were all military personnel.

Beside two case exposed above, KontraS documented at least 28 cases of torture done by Indonesian military and police.   Quantitatively, we believe torture practices have happened even more.   Difficulties occur in monitoring torture acts because often it occurs inside the military and police compound – and due to lack of victim’s courage to report any torture case because the perpetrators are the law enforcer itself.  Cases directly handled by KontraS, among others are:

(1) Torture case of RMS activists in Ambon,
(2) Torture of Hermanus in Maluku,
(3) Torture lead to fatal casualties of Charles Mali in NTT,
(4) Engineered case of Aan Susandhi in Artha Graha.

KontraS also highlighted other cruel, inhuman and degrading treatment including caning punishment in Aceh.

In particular, KontraS highlight Komnas HAM capabilities to investigate and uncover the patterns and causal roots of torture, especially of torture cases in conflict area such as Papua.   The degree of seriousness in torture cases often fit the requirement of a pattern that is widespread and systematic, but in several case (such as on the torture video and violence upon Reverand Kinderman Gire cases), torture is framed as an (isolated or) individual case , but is still a serious violation of human rights subject to the international law norm ‘Jus Cogens’.

Komnas HAM neglectfulness in resolving torture cases paves the way for further impunity and lack of respect of victims’ rights. From various complaint reports sent by KontraS together with victims’ family, not a single case has ended up with justice where the perpetrators are given a fair punishment.   These made worse by the absence of reparations toward victims of torture and their families. Those conditions are in line with the small numbers of torture cases resolved fully in trial. Torture in Indonesia is a typically a crime practiced with impunity.

Criminalization of perpetrators of torture must be done under a legal framework,  with respect of human rights, and by ensuring preventions so that similar cases will not repeat in the future.   Therefore, KontraS urge the state to highlight recommendations below:

1. Hasten criminalization of acts of torture – The Indonesian government, especially the Ministry of Law and Human Rights, must draft a special legislation on efforts in preventing and punishing acts of torture. Criminalization of torture will be an important benchmark for Indonesia in fighting future torture practice.   This effort will become an alternative step while efforts to enact a new Criminal Code procedure is yet to be fulfilled;

2. Indonesian Police and Military must have a vetting mechanism in their rank and file (promotions) process, that considers their officers track record as to who has committed torture, in order to further their members professionalism.

3. Police must increase their personnel capacity in conducting investigations and probes, whilst also maximizing effective and deterrent punishment for torture perpetrators. Torture cases continue to occur due to a lack of capacity for adequate investigation technique, thus Police resort to shortcuts in gathering evidence and gain confessions through torture;

4. Indonesian military must improve their internal accountability mechanisms by revising Military Tribunal Bill to ensure acts of torture are classified as criminal acts and receive maximum punishment.

5. National Commission of Human Rights must be able to resolve patterns and causal roots of torture practices, especially those committed by security forces, so they can provide adequate recommendations for relevant state institutions to make strategic policies to combat torture practices;

6. The government must implement recommendations from the UN Committee Against Torture; Follow up results from the country visits of the Special Rapporteur on Torture, Manfred Nowak in 2007; and the Universal Periodical Review (UPR) of 2008.

With the election of Indonesia to the United Nations Human Rights Council for the second time, the implementation of those recommendations is an indicator of Indonesia’s seriousness on human rights enforcement.

Jakarta, 26 June 2011

Executive Board

Haris  Azhar
Coordinator

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BREAKING NEWS: WAR IN TINGGINAMBUT, WEST PAPUA

REPORTS OF 600 TNI SURROUNDING VILLAGES IN TINGGINAMBUT

by Nick Chesterfield @ Westpapuamedia.info

Monday July 10, 2011

Confirmed reports emerged on Sunday from Puncak Jaya, West Papua, that over 600 Indonesian Army (TNI) troops have been conducting daily full combat operations since July 4 in and around villages in the Tingginambut area.  Troops have reportedly attacked a series of villages said to be the refuge of the West Papuan Guerrilla leader Goliat Tabuni.

Troops from the notorious 753 Nabire battalion have reportedly surrounded the General Headquarters area of the West Papua National Liberation Army (TPN-PB) faction led by Tabuni, and have occupied several villages including Kalome, where three soldiers were shot by unknown assailants last Tuesday.  The Indonesian government news agency Antara reported that armed men stopped TNI soldiers from carrying out what it described as a “routine patrol” in Kalome village.  An exchange of fire occured – it is unclear who shot first – and three TNI were all struck by bullets to their arms sustaining non-life-threatening gunshot injuries.

According to reliable human rights activists in the immediate area, villagers in Kalome were rounded up and subject to harsh treatment by returning soldiers from 753Btn, and reportedly forced to watch as several houses were torched.  West Papua Media has been unable to verify these reports, but 753Btn has a well documented history of burning villages suspected of sympathies or harbouring TPN-PB.  (Extensive video footage of previous village burnings is available to any interested party).

Firefights have been occurring daily between TPN and TNI forces, with local sources describing it as “a 7-day shootout”.  “The current death toll, according to our intelligence data, is that Indonesia have killed 20 TPN fatalities, and according to reports from the field in Puncak Jaya, TPN have claimed five Indonesian military casualties”, said the source upon condition of anonymity.  Several civilian casualties have been reported, though exact figures are unconfirmed.  West Papua Media cannot at this stage confirm exact numbers.

Battalion 753, the battalion responsible for the well documented torture of West Papuan civilians and village burnings across Puncak Jaya in 2010 (including the infamous Tunaliwor Kiwo torture video), has been recently engaged in a much publicised heart-and-minds Bakti (Service) campaign, gardening and house-building cynically named “Love and Peace are Beautiful”, to mend the bridges damaged by the Army’s human rights abuses, torture and village burnings.  It was unclear whether this campaign was mending the houses that 753 had previously burnt down.

Puncak Jaya has been the scene of regular human rights abuses on civilians, with major combat operations ongoing since 2009.  TNI and BRIMOB paramilitary Police, as well as the Australian trained Detachment 88 counter-terrorist unit, have regularly targeted civilians whom they accuse of supporting the guerrilla TPN-PB of Tabuni.

Local sources have expressed fear to West Papua Media that their villages are being targeted for pacification and punitive operations after the failure of a much touted Social service campaign to heal the image of brutality that surrounds the 753 battalion.  It is feared by local activists that civilians are especially at risk as collective punishment for the potential escape of Tabuni’s forces, in a strategy by the TNI designed to flush out the TPN.

According to the adjutant of General Tabuni in a statement sent to West Papua Media, the purpose of the social activities by the TNI was to create a trojan horse for the eradication of armed resistance from Tabuni and his men.  “TNI’s Bakti social mission in Puncak Jaya is really a guise to avoid gross violations of human rights because the TNI Papua Commander was in the area and needed good press”.  According to the Jakarta Globe, the head of the Cenderawasih Military Command, Maj. Gen. Erfi Triassunu, said the TNI would provide psychiatrists to help residents traumatized by the widespread violence in the area.  The campaign was due to run from 2 May to 28 August, but almost all the troops who were building houses are now burning them down again, according to local sources.

Local human rights activists described the failure of this program being caused by the simple issue of trust.  “All their talk of caring for our human rights and welfare is shown to be a lie by this latest operation.  We have never trusted them, but now we trust them even less,” said the human rights worker, who cannot be named for his safety.

The TPN spokesperson was more blunt.  “People doubted the presence of top military who were proclaiming their victory in Puncak Jaya.  The TNI social service campaign is merely a shield.  It was evident from July 6,  that (these) military forces ….suddenly stopped and all directed to Tingginambut to conduct  military sweeps.  All TNI Bakti activities stopped completely. Since July 6 to the 8th all military forces here, with full combat equipment, have surrounded the headquarters of  TPN / OPM…. Tabuni is currently under siege”.

Reports of major abuse by Indonesian security forces in the West Papuan highlands are notoriously difficult to verify, as international human rights monitors and journalists are banned by the Indonesian government from travel to West Papua.

Please stay tuned to West Papua Media for more updates.

westpapuamedia.info

for media enquiries, please call +61450079

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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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NGOs Say US Got it Wrong on Indonesian Human Rights

FYI

Dessy Sagita | April 11, 2011

Indonesian activists on Sunday criticized the US government for praising Indonesia’s progress on human rights, saying that the barometer used for the report could be misleading.

“I’m a bit concerned with the diplomatic statements made by some countries regarding Indonesia’s progress on human rights, because it could give people the wrong perception about what’s really happening,” Haris Azhar, coordinator of the Commission for Missing Persons and Victims of Violence (Kontras), told the Jakarta Globe.

As in previous editions, the US State Department’s annual survey on human rights pointed to concerns in Indonesia, this year including accounts of unlawful killings in violence-torn Papua along with violations of freedom of religion.

But US Secretary of State Hillary Clinton, while presenting on Friday the mammoth, 7,000-page global report, pointed to Indonesia as a success story.

“Indonesia boasts a vibrant free media and a flourishing civil society at the same time as it faces up to challenges in preventing abuses by its security forces and acting against religious intolerance,” she was quoted by foreign wire agencies as saying.

The survey covers the period before Islamic fanatics brutally killed three members of the Ahmadiyah sect in early February, raising questions over Indonesia’s commitment to safeguard minority rights.

The concern over Papua is primarily a reference to the torture of two civilians there last year by soldiers. They were subsequently court-martialed in January but given sentences of less than a year, a punishment slammed by the influential group Human Rights Watch as far too lenient to send a message that abuse was unacceptable.

Kontras’s Haris said both indicators presented by the US government — that Indonesia has been progressing in terms of media independence and better access for civil societies to voice their concern — were also incorrect.

“Freedom of journalism? I don’t think so. It’s still fresh in our minds that several journalists have been brutally attacked because of their reporting, some were even murdered,” he said.

“And in terms of flourishing civil societies, it’s true, non-government organizations are mushrooming, but what’s the point if human rights defenders and anticorruption activists are assaulted?” he added.

According to Kontras, in 2010 alone more than 100 human rights activists here were victimized and many of the perpetrators remain free.

And according to Reporters Without Borders, when it comes to press freedom, Indonesia ranks very low, much worse than it did several years ago when Abdurrahman “Gus Dur” Wahid was the president.

The US report in some ways echoes progress noted by New York-based Human Rights Watch in its own annual review of human rights practices around the globe, released in January. Then it noted that while serious human rights concerns remained, Indonesia had over the past 12 years made great strides in becoming a stable, democratic country with a strong civil society and independent media.

But Andreas Harsono, from Human Rights Watch, said it was perplexing that the US government would compliment Indonesia’s progress on rights.

“It’s a big joke,” he said. “Attacks against Ahmadiyah have been happening since 2008, after the joint ministerial decree was issued, and attacks against churches during SBY’s six-year tenure are even more prevalent than during the five decades in which Sukarno and Suharto ruled,” he said.

Additional reporting by AP, AFP 

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USGOV: 2010 Human Rights Report: Indonesia

BUREAU OF DEMOCRACY, HUMAN RIGHTS, AND LABOR

2010 Country Reports on Human Rights Practices

April 8, 2011

Indonesia is a multiparty democracy with a population of approximately 237 million. In July 2009 Susilo Bambang Yudhoyono was reelected president in free and fair elections. Domestic and international observers judged the April 2009 legislative elections generally free and fair as well. Security forces reported to civilian authorities, although the fact the Indonesian Armed Forces (TNI) continued to be partly self-financed had the potential to weaken this control.

Human rights problems during the year included: occasional incidents, primarily in Papua and West Papua Provinces, of arbitrary and unlawful killings by security forces; vigilantism; sometimes harsh prison conditions; impunity for some officials; official corruption, including in the judicial system; some narrow and specific limitations on freedom of expression; societal abuse against religious groups and interference with freedom of religion sometimes with the complicity of local officials; trafficking in persons; child labor; and failure to enforce labor standards and worker rights.

DOWNLOAD FULL REPORT HERE:

http://www.state.gov/g/drl/rls/hrrpt/2010/eap/154385.htm

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