Tag: torture

HRW – Indonesia: Clinton Should Raise Human Rights Concerns

Address Military Impunity, Freedom of Religion and Expression

July 19, 2011
(New York) – US Secretary of State Hillary Clinton should raise military accountability for abuses, freedom of expression, and the rights of religious minorities during her visit to Indonesia on July 21 to 24, 2011, Human Rights Watch said in a letter to Secretary Clinton released today.

2011_Indonesia_Clinton.jpg
"This is an important opportunity for Clinton to speak publicly about the need for genuine military reform." - Elaine Pearson, deputy Asia director at Human Rights Watch (Photo © 2011, Reuters)

Clinton is to arrive in Bali a year after Robert Gates, the US defense secretary at that time, formally announced the resumption of US military relations with Indonesia’s special forces, Kopassus, which removed the last significant barrier to full-fledged US-Indonesian military ties.

“Closer US military ties with Indonesia were a reward for better behavior by Indonesian soldiers, yet one year later atrocities by the military still go unpunished,” said Elaine Pearson, deputy Asia director at Human Rights Watch. “This is an important opportunity for Clinton to speak publicly about the need for genuine military reform.”

On July 22, 2010, Secretary Gates announced that the Indonesian Defense Ministry “publicly pledged to protect human rights and advance human rights accountability and committed to suspend from active duty military officials credibly accused of human rights abuses, remove from military service any member convicted of such abuses, and cooperate with the prosecution of any members of the military who have violated human rights.”

However, the Indonesian military has failed to live up to its pledges to the US government to improve accountability, Human Rights Watch said. In one example, in January, three soldiers received light 8-to-10 month sentences for “disobeying orders” in the May 2010 torture of two farmers in Papua. None were charged with torture despite video evidence showing the soldiers kicking the victims, threatening one with a knife to his face, and repeatedly jabbing the second in the genitals with burning wood. Yet, a US Defense Department official characterized the prosecution of this case as “a success.”

Human Rights Watch also urged Clinton to raise concerns about several laws that criminalize the peaceful expression of political, religious, and other views. Clinton should call on President Susilo Bambang Yudhoyono to release immediately the more than 100 activists currently behind bars in Indonesia for peaceful acts of free expression, Human Rights Watch said.

Longstanding impunity for violence against religious minorities in Indonesia has fostered larger and more brutal attacks by Islamist militants. Since President Yudhoyono issued a decree restricting activity by the Ahmadiyah religious community in 2008, more than 180 attacks against Ahmadiyah mosques and other properties have been recorded. The Ahmadiyah, who consider themselves Muslims, have long been the targets of violence and persecution in Indonesia because some Muslims view them as heretics. Clinton should urge Yudhoyono to withdraw the 2008 anti-Ahmadiyah decree and take other actions to protect religious freedom in the country, Human Rights Watch said.

“Laws stifling dissent are used against peaceful critics, and violent attacks on religious minorities are getting worse,” Pearson said. “If the US really wants to support Indonesia as a rights-respecting democracy, then Clinton should not shy away from stressing the importance of rolling back practices that undermine freedom of religion and speech.”

http://www.hrw.org/en/news/2011/07/19/indonesia-clinton-should-raise-human-rights-concerns

© Copyright 2010, Human Rights Watch

Related Materials:

Letter to Secretary of State Hillary Clinton Regarding Indonesia and Human Rights Issues

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AHRC: INDONESIA: Torture Report – A heinous act which is not seriously addressed


AHRC-FST-042-2011
July 14, 2011

Report on the practice of torture in Indonesia for the International Day of Support for Victims of Torture from the Commission for the Disappeared and Victims of Violence (KontraS) in Indonesia forwarded by the Asian Human Rights Commission

INDONESIA: Torture: A heinous act which is not seriously addressed

Download the full report at http://www.humanrights.asia/countries/indonesia/reports/ngo/KontraSTortureReport2011.pdf

I. Introduction
One of the serious issue of human rights violations—which is one of the nonderogable rights —that recently arised public attention is torture. First, in early October 2010 shortly before his plane left for the Netherlands, President Susilo Bambang Yudhoyono decided to cancel his state visit in the country. The cancellation was due to the filing of the lawsuit to the local court in the Netherlands by the activists of South Moluccas Republic (RMS/Republik Maluku Selatan) who live there. The lawsuit for one reason was based on charges of torture committed by police officers against those accused of being RMS activists. They were charged with treason when they displayed RMS flag as they performed cakalele dance in front of the president and some foreign guests during his visit to the Moluccas in June 2007. Following the cakalele incident the security forces, including special anti-terrorism unit Detachment 88 immediately arrested and detained hundreds of suspected RMS activists and some of them were allegedly become victims of torture.

Second, only a few weeks later in October 2010 a 10-minute visual documentation—circulating through ‘Youtube’—on torture of two Papuans recorded with mobile phone video tool. In the video, the extremely brutal and inhuman action was obviously conducted by people in military uniforms in order to conduct interrogations. With the rapid spread of that torture video, various Indonesian authorities—including President Susilo Bambang Yudhoyono— promptly responded to it and affirmed the practice of torture by military personnel in Tingginambut, Puncak Jaya, Papua. Many actually considered this video as an explicit example of the allegedly patterned practice of torture in Papua. The appeals of concern about the practice of torture also expressed by both foreign governments and international organizations.

This paper tries to examine the extent to which states implement human rights standards in the relevant international instruments of torture as an obligation of Indonesia post ICCPR and CAT ratification within the past year (July 2010 to June 2011). The implementative obligation is to do prevention efforts (through improvement of legislation, judicial system, and administration of state), ensuring the perpetrators brought to justice and provide redress to victims or their families. The contextual torture issues and problems in Indonesia can be seen from various post-priority agenda of meetings and discussions conducted by Indonesia government with relevant international human rights agencies.

So far Indonesia has made two reports to the Committee Against Torture under the Convention Against Torture, the first (initial report) was in July 2001 and the second (periodic report) in 2005. Unfortunately, Indonesia has not made the first report to the Human Rights Committee, the regulatory body for the ICCPR. In addition to reporting under the treaty body mechanism, there are also the follow-up results on torture based on the report
under the charter body mechanism. Under the mechanism of the UN Human Rights Council there are two follow-up agendas: first, the official country visit follow-up of Special Rapporteur on Torture, Manfred Nowak, conducted on 10-23 November 2007; second, the special meeting to discuss the results of Indonesia Universal Periodic Review/UPR in 9 April 2008 during the Fourth Session of the UN Human Rights Council. As follow-up results from various human rights mechanisms mentioned before, there are several similar recommendation agendas expected to be implemented by Indonesia related to the issue of torture, such as:

  • Torture should be made crime and its definition should be in accordance with Article 1 of the Convention against Torture;
  • The lack of this legal rule would lead to the practice of impunity;
  • There shold be an effort to revise the detention system, whether the duration of detention and the effort to test the validity of such detention;
  • In the context of law enforcement, any evidence or testimony that was made due to a practice of torture;
  • Ensure that victims of torture receive redress (reparation).

In conducting an audit over the issue of torture in Indonesia during the past year (July 2010-June 2011), KontraS took up cases of alleged torture which were directly dealt with. Information on alleged cases of torture would be considered a secondary source that could help clarify the picture of torture practices more broadly. In addition the audit report also discusses several policies, including plans for the creation or legislation revisions, which emerged within the past year.

To read the following sections, please download the full report here:

II. The Lack of Normative Provisions Against Torture
III. The Pattern of Torture Cases
IV. Development of New Legislation Draft Related with Torture Issue
V. Conclusions and Recommendations

 

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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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