Tag: torture

WEST PAPUA: ABC report raises questions for region’s leaders

by Alex Perrottet / Pacific Media Watch

A photo provided to West Papua Media Alerts after the violence at the Abepura dormitory yesterday. Photo: West Papua Media Alerts

Wednesday, August 29, 2012

Item: 8075

AUCKLAND (Pacific Media Watch): Fresh allegations of human rights violations in West Papua implicating Australia on ABC’s 7:30 Report series this week have opened up multiple questions for leaders at the Pacific Islands Forum on Rarotonga.

As new reports have emerged from West Papua Media Alerts of new violence at a school dormitory in Abepura, the 7:30 Report series – screened on Monday and Tuesday nights – shone new lights on the ongoing accusation that the Australian government is responsible for the training and financing of the anti-terrorist group Detachment 88, or Densus 88, as it is known in Indonesia.

The group was originally trained to combat terrorism in Indonesia following the deadly bombing in Bali in October 2002, which claimed 88 Australian lives.

But in recent months media reports have spread, mainly from West Papua Media Alerts, that the anti-terrorist group was being deployed in the provinces of Papua and West Papua, supressing insurgents as well as peaceful demonstrators.

Presence confirmed
The ABC interviewed Constant Karma, who is the secretary of the province of Papua. He said: “I don’t really know about West Papua but in the Papuan Police (Polda Papua) there [is] also Detachment 88 on duty.”

Apart from the reports from within West Papua by reporters Hayden Cooper and Lisa Main, ABC presenter Leigh Sales put questions to Australia’s Foreign Minister Bob Carr, who confirmed the Australian government had raised its concerns with human rights abuses in the two West Papuan regional provinces as recently as earlier this month.

Senator Carr said the Australian training included training in respecting human rights, but the ABC reports featured a number of eye-witnesses to violence in West Papua at the hands of police as well as Detachment 88 troops, including in the recent killing of independence leader Mako Tabuni.

Senator Carr told the ABC: “We train Indonesians in counter-terrorism. We do that because it’s in Australia’s interest. We do it because we want the Indonesians to have a strong, a formidable, anti-terrorist capacity. It is absolutely in Australia’s interests that we have this relationship.

“But we don’t train them in counter-insurgency – it’s counter-terrorism.”

‘No distinction’
However, the ABC also sought comment from the Australian Federal Police, which made this admission in their responses:

“Detachment 88 is a specialist counter terrorism unit within the Indonesian National Police, however it should be noted that Indonesian law does not differentiate between terrorism, separatism and insurgency.”

In response to the reports, political parties and human rights groups have released statements urging leaders at the Pacific Islands Forum to take notice.

The West Papua National Coalition for Liberation, based in Vanuatu, said the violence was nothing new.

“Violence has always been Indonesia’s policy regarding the land of Papua over the past 49 years. Being an occupying power, violence is their only means of enforcing their authority in the Papuan society,” said spokespersons Rex Rumakiek, Dr John Ondowame and Andy Ayamiseba.

“For almost half a century since Indonesia annexed West Papua, our people have been subjected to terror and trauma.”

Political reaction
The Democratic Labor Party in Australia said the situation was “genocide happening on our doorstep”.

Senator John Madigan and Democratic Labor Party federal secretary Mark Farrell said: “Indonesia is not being transparent with the Australian people or the Australian government.

“It is difficult to understand how the government of a democratic country like Australia can ignore the oppressive behaviour of a neighbouring country.”

The Green Party of Australia also voiced their concern, with Senator Richard Di Natale drawing comparisons with East Timor.

“Australians are now becoming more aware of these atrocities being committed on their doorstep,” he said.

“They know what happened in East Timor under Indonesian rule and they know that we, as a nation, cannot sit idly by while it occurs again in West Papua.”

Joe Collins of the Australian West Papua Association said the PIF should take up the Indonesian government’s offer to encourage research and balanced journalism by sending a fact-finding mission from the Forum.

He also encouraged Pacific leaders to raise the matter with Australian Prime Minister Julia Gillard.

“The Leaders’ retreat is supposed to provide an opportunity for private and frank discussions at the highest level and we hope that the PIF leaders will question Julia Gillard on Australia’s involvement in the training of Detachment 88 which is accused of targeting West Papuan activists,” he said.

“We also hope that concern for the situation in West Papua will be mentioned in the official Forum communiqué”.

The Democratic Labor Party statement also argued for observers to visit.

“If Indonesia is seriously expecting us to believe it is not engaged in the oppression of the West Papuan people then they must allow human rights observers and international journalists in to the country.”

The West Papua National Coalition for Liberation is pushing for more, calling on the Melanesian Spearhead Group, the PIF, as well as the US, the UK, the European Union and others “to sponsor a resolution at the UNGA(United Nations General Assembly) to re-inscribe West Papua on the UN List for Decolonisation.

“We also call on MSG and PIF to admit the West Papuan Independence Movement as an observer of these bodies as a sure way of encouraging peaceful solution to the conflict.”

One confirmed dead
The violence in Abepura yesterday was confirmed by West Papua Media Alerts, who reported one student being killed, and others badly wounded.

The news agency said the violence was carried out at the Liborang Asrama (dormitory) by a joint force of Army (TNI) and Police.

“The students were allegedly targeted because they come from the same tribal group as many members of the West Papua National Committee (KNPB), who have been consistently engaging in peaceful civil resistance in protest at the increasing terror tactics of the Indonesian security forces, which has escalated significantly since May 2012.”

West Papua Media Alerts confirmed today that 35 people had been arrested and 11 remained in custody after being subjected to beatings and torture.

The Indonesian embassy in Canberra, in response to questions from the ABC said the government was taking action.

The statement said the loss of life “is regrettable and is receiving attention from the Indonesian people, the media, and the President of the Republic of Indonesia himself”.

“The Indonesian government has taken steps to restore law-enforcement in the Papuan provinces.”

Just how it is doing that is the focus of the media attention that West Papua is receiving, and as in previous years, the Pacific Islands Forum is so far remaining silent on the issue.

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Police torture students after brutal attack on Abepura university dormitory

Scores beaten, arrested, tortured and injured in major raid by Indonesian Police, Army and allegedly Australian Funded counterterror unit Detachment 88 on Yakuhimo Dormitory at Cenderawasih University, Abepura.

by West Papua Media

August 28, 2012

URGENT CORRECTION: Despite robust processes of cross-checking, armed attacks by security forces on civilians sometimes creates confusion on casualty figures.  NEW information has come to hand in the clear light of day, and two confirming witnesses have retracted their confirmation early Wednesday morning.  Only 1 person, Yalli Walilo, is confirmed dead, and he died after being set upon by a group of men believed to be transmigrants or plain clothes intelligence.  The other two victims were part of the group that received significant torture at the hands of police, but it is now NOT independently confirmed if these people are dead or severely injured.  More info as it becomes available.  West Papua Media apologises for the distribution of erroneous information.

(Jayapura)  Brutal scenes occurred at a highland students dormitory in Abepura early on Sunday night (26 August) as a massive assault was carried out on  students from the Liborang Asrama (dormitory)  by a joint force of Army (TNI) and Police.

The students were allegedly targeted because they come from the same tribal group as many members of the West Papua National Committee (KNPB), who have been consistently engaging in peaceful civil resistance in protest at the increasing terror tactics of the Indonesian security forces, which has escalated significantly since May 2012..

1 person been independently confirmed by West Papua Media sources as killed, and at least two are believed but not confirmed to have died from torture wounds inflicted in custody by police, according to human rights sources.  35 people were arrested, and 11 people remain in custody at time of writing undergoing significant and brutal beatings, and acts of torture.

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Independent human rights sources have alleged that the torture has been carried out by members of Detachment 88, the counter-terror unit funded, armed and trained by the Australian Government, however West Papua Media has not been able to verify this, although D88 has been present at every other dormitory raid this year.

According to credible witnesses the trouble began when a man named Yalli Walilo (26) was calling a friend in front of a shop and the Indonesian transmigrant owner of the shop came and angry him.  Walilo replied to  the colonist “what is my problem, i just want to buy (a) cigarette”.  He then sought refuge at the house of Ms. Nehemia Mabel, a member of the Majelis Rakyat Papua (Papuan People’s Assembly), 5 metres from the shop.  Walilo then tried to go home, when he was brutally set upon by a group of Indonesian transmigrants with one killing him, and more people again came to kick him until he was dead.

The exact circumstances of how police came to be involved is still unclear, but after Walilio’s killing, the Kepala Desa (neighbourhood chief) came and took his body to the Limborang dormitory.  Police were alerted by the Kepala Desa amid confusing allegations surround the death of an elderly man who died from a heart attack.  It is unconfirmed if these deaths were related.

At around 10 pm, Some of Walilo’s friends at the dormitory went to investigate the commotions at the shop, but were ambushed by the large group of transmigrants outside the shop.  The students retreated to their dormitory, known also as the Yakuhimo Asrama as large numbers of Yakuhimo highland students live there.

One hour later, Police and many troops arrived en masse at the dorm and attacked boarders without negotiations, and also severely beat of minors.  Independent witnesses have claimed that men in masks were also present.

Victor Yeimo, KNPB Chairman, told West Papua Media that many students in Asrama Liborang had “already been killed, intimidated and terrorised under Indonesian police troops yesterday (27/08). This morning, I have been in the place and I found how Indonesian police kill and intimidate them. I was there while some of them arrived from Papua Police in Jayapura and we have interview some victims and the chief (spokesperson) of the Students”.

According to Yeimo many police and troops began attacking the Asrama Liborang with tear gas and water cannon (fire hoses?)  inside at 11.00 PM on Sunday night.  Police stormed the building and smashed up facilities inside and arrested, and tormented the students, according to both Yeimo and other independent witnesses.

Yeimo alleged that the “Police talked to them and relate them (make threats to them) about the killing of Mako Tabuni (on June 14) . Police blamed them as being friends of Mako Tabuni.”

On Tuesday evening, Australian ABC television program “7.30 Report” aired an investigation into Mako Tabuni’s killing by Detachment 88, and the intensifying repression of peaceful political free expression by West Papuan activists seek an end to violence and impunity, and a referendum on the disputed territory’s future.  The Australian Foreign Minister, Bob Carr, has conceded Detachment 88 is being used on non-violent activists, and has claimed it is acting outside its mandate.

The victims names (at time of writing) are confirmed as:

1. Alex Sambom (Fractured Skull by police. Strangled around neck with metal chains. and repeatedly electrocuted in custody, in critical condition)
2. Usman Ambolon ( Killed after beatings in the head with lacerations and severe contusion)
3. Petru Lintamon ( Police kicked his eyes and head, shot dead with gun)
4. Yaton Lintamon ( Police beat him to death with rubber mallet)
5. Septinus Kabak (Fingernails removed with pliers at the police office)
6. Orgenes Kabak (Beaten severely in stomach, internal injuriess)
7. Awan Kabak (Police stabbed him with bayonets in the leg and thigh)
8. Other Victims to still be identified

More photos, video and information as it becomes processed/translated and available.

westpapuamedia

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KONTRAS: Torture Increased Drastically! A Report on the Practice of Torture in Indonesia

http://www.kontras.org/eng/index.php?hal=siaran_pers&id=160

PRESS RELEASE:

KONTRAS
Torture Increased Drastically!
A Report on the Practice of Torture in Indonesia
International Day in Support of Victims of Torture 2012

Commemorating the International Day in Support of Victims of Torture (June 26), the Commission for the Disappeared and Victims of Violence (KontraS) released its annual report entitled, “Torture Increased Drastically!” This report is excerpted from the various incidents of torture that have raised the public attention (both nationally and internationally) from July 2011 to June 2012, particularly the elaboration of numerous reports on complaints of torture that were directly handled by KontraS. This report is KontraS evaluation of the situation of torture that continues to use the assessment framework used by the Committee against Torture and the mechanisms under the UN Human Rights Council (either by the Special Rapporteur Against Torture as well as through the Second Cycle of Universal Periodic Review session on May 23 2012).

Contrast notes that there are numerous state policies that facilitate the practice of torture. Although in fact, the State should be able to accommodate the policies preventing or reducing the occurrence of torture. These issues include:

– The absence of criminalization of crimes of torture and punishment for the perpetrators because there is a revision of the Criminal Code and Criminal Procedure Code has been entered in the program even though the national legislation (Prolegnas) 2010-2014

– Continue maintenance of the death penalty policy. Abolition of the death penalty in Indonesia should be done with the goal of doing a moratorium on executions that had been imposed de facto in the last 4 years. However, in the last year there were six new death row decided by the court
– Policy caning in Aceh. Caning is a form of cruel punishment (corporal punishment) is not in accordance with the Convention against Torture and the International Covenant on Civil and Political Rights. In the period June 2011-June 2012 there were 47 people sentenced to caning in Aceh.

KontraS notes several state policies that facilitate the practice of torture. Although in fact, the State should also be able to accommodate the policies that should prevent or reduce the occurrence of torture. These issues include:

– The absence of criminalization of crimes of torture and punishment for the perpetrators due to the absence of a revision of the Criminal Code and Penal Code, despite both codes having been included within the national legislation program (Prolegnas) 2010-2014

– The maintenance of the death penalty policy. Abolition of the death penalty in Indonesia should be done with the goal of doing a moratorium on executions that had been imposed de facto in the last 4 years. However, within the last year there were six new death rows decided by the court.

– Policy caning in Aceh. Caning is a form of cruel punishment (corporal punishment) and is not in accordance with the Convention against Torture and the International Covenant on Civil and Political Rights. Within the period June 2011-June 2012 there were 47 people sentenced to caning in Aceh.

– Still relying on internal accountability mechanisms to prosecute acts of torture. The practice of torture is still an issue of impunity because the punishment mechanism is still very dependent on the internal mechanism, both within the Military and the Police that as a cause has negated the deterrent effect. It is therefore important to ensure the existence of various state institutions that have the authority to conduct an independent investigation (independent external oversight body) against the allegations of torture and begin to identify the names of the perpetrators held responsible.

– Ratification of the State Intelligence Law is deemed potential to open room for the use of torture, particulatly Law on National Intelligence No.17/2011. This Act directly authorizes a special form of extracting information to the intelligence apparatus. Extracting information will be applied to the targets associated with the interests and activities that threaten national security, especially terrorism and separatism, which is known widely growing in several regions in Indonesia.

Based on KontraS’s monitoring, for the period of July 2011 – June 2012, there has been a tremendous surge in allegations of torture. In the period July 2010 – June 2011, KontraS noted that there were 28 events alleged torture with a number of victims of 49 people, while during the period of July 2011 – June 2012 there were 86 allegations of torture with the number of cases of 243 victims. Meanwhile, for the categories of alleged perpetrators of this period a number of police officers were alleged for 14 cases, 60 cases by military officers and prison guards as much as 12 cases. For this period, there is a region where the alleged torture occurred relatively large that is the area of ​​Papua. For the past year, the security situation and the intensity of violence in Papua are very problematic.

Table of Torture
June 2010-July 2011 and June 2011-July 2012
Perpetrator
Year 2011
Year 2012
Victims
Cases
Victims
Cases
Police
31
21
118
60
Military
18
7
64
14
Warden
–
–
61
12
49
28
243
86

From the table above, several hypotheses that can be taken are: First, there has been a number of victims and the alleged use of torture that is so prominent in Papua when compared with other regions. There are 11 torture cases and 98 victims in Papua. The number of allegations of torture in Papua is strongly correlated with the warming of the political situation and the increasing intensity of violence in general in there for the past year. The victims generally are indigenous Papuans and consider them to be victims of false arrest and arbitrary detention by security forces. This reinforces the stigmatization and discrimination against people of Papua up to the criminalization of them.

Second, the practice of torture generally occurs in situations where the victims were so helpless against the perpetrators; common situation happens where the detention rooms are closed. The situation becomes worse when the victim is merely an ordinary citizen, who was suspected of a crime- representing the structure of the lower class. This also occurs in Indonesia where most of the alleged victims of torture are criminal suspects or convicts who came from the laity group (the enemy of public opinion such as terrorists, drug dealers, separatist, and others) and is often not accompanied by a legal representative. Until now, KontraS monitoring report has not found the alleged practice of torture against perpetrators of corruption that generally are state officials or wealthy businessmen.

This situation confirms the importance of the immediate need to stop the acts of torture as well as create rules that can prevent the occurrence of torture. Based on the above mentioned points, KontraS recommends that:

– The Government and the Parliament should speed up the discussion of the Penal Code and Criminal Procedure Amendment Bill, or prepare a separate bill against Torture. It is intended to answer the urgent need for regulation to efforts to criminalize acts of torture;
– Relevant state institutions such as the Military, Police, and Ministry of Justice and Human Rights (which oversees the prison system and prisoners in Indonesia) to ensure the maximum punishment to the offender to provide a deterrent effect and implement a mechanism for internally vetting for officials, officers, or officers who conduct, give commands, or fail to prevent the practice of torture;

– State institution which has a mandate to monitor or control functions that are independent (independent external oversight bodies), such as the National Human Rights Commission, Ombudsman, or Kompolnas should also apply a vetting mechanism to narrow the room of action for perpetrators of torture;

– The Government should be able to stop the practice of torture based on the pattern of stigmatization and discrimination that are occurring in Papua, given the sharp rise of torture in the region that is able to aggravate the problematic situation in Papua;

– The Government and Parliament to take immediate ratification of the Convention on the Protection of All Persons from Enforced Disappearance and the Optional Protocol to the Convention against Torture;

– Government and Parliament to review the various state policies that facilitate the practice of torture and other cruel, inhuman, or degrading treatment.

Jakarta, 22 June 2012
Working Committee,

Indria Fernida Papang Hidayat
Deputy Coordinator I Head of the Research Bureau
(+62816.146.6341) (+62812.959.8680)
—
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AHRC: Prison guards tortured 42 prisoners and detainees at Abepura correctional facility in Papua

June 8, 2012

Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the torture of 42 prisoners and detainees by prison guards at Abepura Correctional Facility on 30 April 2012 following an argument between one of the detainees, Selfius Bobii, and the Head of the Abepura Correctional Facility (Abepura Kalapas). The prisoners were beaten, kicked, hit with wood blocks as well as iron sticks and some of them were trampled by the prison guards. Their personal items were taken away and burned. The torture and property destruction took place under the order of the Abepura Kalapas.

CASE NARRATIVE:
According to several local NGOs such as The Commission for the Disappeared and Victims of Violance in Papua (KontraS Papua), Sekretariat Keadilan, Perdamaian dan Keutuhan Ciptaan (SKPKC) Fransiskan Papua, Papua Legal Aid Foundation (LBH Papua) and Elsham Papua, around 12pm on 30 April 2012, the prison guards at Class II.A of the Abepura Correctional Facility were going to put back and lock the detainees and prisoners in their cell. Amongst them was Selfius Bobii who was detained and received punishment for his involvement in the Third Papuan Congress in October 2011. Selfius had asked the Head of the Correctional Facility’s Security Unit (KPLP), Juwaini, for a permit to hold a creative activity with other prisoners but his request was dismissed by the KPLP. This led to an argument between him and the Abepura Kalapas, Liberti Sitinjak, who heard the conversation of Selfius and one of his staffs.

The argument between Selfius and the Kalapas ended with an order from the Kalapas to the prison guards to put Selfius into isolation. Selfius avoided the prison guards and insisted that he should not be isolated as he has not done anything wrong.

Other prisoners who were at their cell witnessed this and they also yelled at the prison guards asking them to put Selfius back to his cell instead of to the isolation. Their requests were ignored and the prison guards put Selfius in an isolated area. The prison guards later went back to the cells where the prisoners were yelling. The guards were offended with what the prisoners said so they took them out of their cell and beat, kicked and hit them with fists, wood blocks and iron sticks. The prisoners were also whipped with thick ropes supposed to use for controlling cows. They were also dragged to the yard in front of the block and were asked to walk whilst they were crouching for about 200 metres. As they were doing this, the guards kept beating and kicking them. The guards stepped on some of the prisoners and detainees’ fingers and toes. The guards also kept saying to the prisoners ‘you are all stupid, that is why you ended up here’. The torture and ill-treatment took place for about two and a half hours, approximately from 12.30-3.15pm. There were 41 prisoners in total who were treated this way by twenty prison guards. Two prisoners Hendrik Kenelak and Otto Ikinia fainted and one, Parmen Wenda, had his arm broken.

Before the prison guards put the prisoners back to their cell, the Kalapas asked them to search the cells and took away their personal belongings  and later burned them. Selfius was brought to the Papua Regional Police Station and was questioned. He did not receive any ill-treatment whilst he was there and was later sent back to Abepura Correctional Facility on 3 May 2012.

ADDITIONAL INFORMATION:
Principle 6 of the UN Body of Principles for the Protection of All Persons under Any Form of Detention and Imprisonment explicitly prohibits the use of torture and ill-treatment against persons whose liberty are deprived. The principle also emphasises that no reason can be used to justify any state officials to conduct torture and ill-treat prisoners. These principles are in accordance with the provisions under the UN Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (UN CAT) to which Indonesia is a state party since 1998. Yet although Indonesia has ratified the UN CAT, torture itself has yet to be criminalised in Indonesia in order to end the ongoing practice. For this reason, at the first and second Universal Periodic Review of the UN Human Rights Council’s session on Indonesia, several countries urged the Indonesian government to criminalise torture and to reform its Penal Code in accordance with its international human rights obligations.

The absence of articles making torture a punishable crime in Indonesia contributes to the low investigation rate seen in torture cases in Indonesian criminal procedure. Torture is often deemed merely as a violation to disciplines for which, in the majority of cases, the perpetrators received inadequate or no punishment. Military officers who tortured several Papuans in 2010 as shown in a video distributed on the internet, for instance, were sent only to 8 to 10 month imprisonment for disobedience but have not been held accountable for the torture they committed.

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Prison warders beat and kick more than forty prisoners

JUBI, 10 May 2012

At least 42 prisoners – both political and criminal – have been beaten by warders in Abepura Prison where they are being held,  with these beatings occurring on 30 April.

According to information from the Justice, Peace and Creation Secretariat (SKPKC) in Jayapura, the prisoners who were beaten included Selfius Bobii, Luis Kossay, Terianus Tabuni, Wayus Hubi, Markus Dubi, Stenly Palondong, Alfian Palendeng, Erens Apromis, Octo Ikinia and Fredy Marsyom.

Some of them were beaten until they were black and blue all over. Selsius Bobii said he had ben slapped, hit and kicked all over his body. He was then dragged into the prison office. Luis Kossay said that he had been struck by a bludgeon, by iron rods and beaten with a rope and while being beaten he was kicked and then dragged out of his cell, dragged 200 metres and thrown into the yard. In the yard, his fingers and toes were stamped on by warders with their heavy boots. After suffering all this, he was ordered to remain in a half-squatting position for an hour.Three other prisoners were subjected to the same painful treatment and the rest were also beaten and kicked without mercy.

These acts of maltreatment occurred on 30 April and began when Selpius Bobii and some other prisoners asked the warders not to lock their cell doors because they wanted to practise singing some songs for their co prisoners. However, he was ordered out of his cell and taken to stand before the security official  who refused to grant him permission to do this. Selpius tried to explain that they wanted to rehearse some songs to be recorded later on, but permission was refused. and he was ordered to return to his cell.

Selpius said later that the previous warder, Ayurbaba, had given them permission to do these things and had allowed the prisoners to have recreational activities. When the new chief warder Liberty Sinijak heard this going on, he came out and started shouting at Selpius. In response Selpius shouted back, saying that the warders were doing nothing to help the prisoners but only trying to crush them.

The chief warder shouted back and ordered Selpius into the isolation wing. When the other prisoners in their cells heard all this shouting, they started calling out to the warders to stop maltreating Selpius.

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