AHRC: Military officers arbitrarily arrest and torture civilians based on false claims of rebel activity

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME
Urgent Appeal Case: AHRC-UAC-005-2012
26 January 2012
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INDONESIA: Military officers arbitrarily arrest and torture civilians based on false claims of rebel activity
ISSUES: Freedom of assembly; indigenous people; torture; military violence; police negligence
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Dear friends,
The Asian Human Rights Commission (AHRC) has learnt that on 2 November 2011, seven commanding officers of the Kurulu military sub-district command (danramil Kurulu), arrested and ill-treated three local activists and nine Umpagalo villagers in Kurulu, Papua. This incident occurred without any command letter of authorization, following allegations of rebel activities. The AHRC noted that in Papua, people are frequently victimised based on arbitrary allegations of rebellion, and subsequently tortured. (photo: Kurulu victim)
CASE NARRATIVE:
A Kurulu villager named Alex, who reportedly drank and gambled with members of the pro-Jakarta militia Barisan Merah Putih, provoked Indonesian national military (TNI) officers by claiming there was a meeting between the Free Papua Movement (OPM) and the villagers at Umpagalo on the night of 2 November 2011, at Umpagalo village, Kurulu sub-district, Jayawijaya, Papua without specific evidence. Responding to this vague information, seven armed officers of the Kurulu military sub-district command (danramil Kurulu) prepared to handle the situation without any command letter of authorization (surat izin komando).
After the armed officers came to Umpagalo at around 11pm, they beat three local activists, Melianus Wantik, Edo Doga and Markus Walilo, as well as nine villagers, Pilipus Wantik, Wilem Kosy, Elius Dabi, Lamber Dabi, Othi Logo, Nilik Hiluka, Hukum Logo, Martinus Mabel and Saulus Logo, then stabbed them with bayonets for two hours, forced them to crawl and doused them with water for one hour. The officers also humiliated, beat with big wood sticks, kicked and stepped on them with their boots, pointed their guns and threatened that they would cut their heads, and shot at them four times. After that, the officers brought all the victims to the 176/ Kurulu military headquarters of Wim Anesili Wamena battalion branch (Pos TNI Batalyon 756 kurulu cabang Batalion Wim Anesili Wamena) and allegedly examined them for two hours. The victims were then released without clear reason. Too scared to go to the hospital located around 50 meters from the military post for medical treatment, they made do with traditional remedies. (photo: wounds of beatings and stabbing)
The victims’ colleagues complained to the Kurulu sector police following the incident, but the police refused to process the complaint since there is no substantial evidence to prove the allegations and the military officers are beyond their jurisdiction based on law no. 31 of 1997 regarding military court.
Meanwhile, the head of the military district command (Korem) 172/PWY Ibnu Tri Widodo acknowledged the violence. He stated that the seven soldiers who mistreated the civilians were now held in custody of the Wamena Military Police. They would be brought to the military court. Following the mistreatment, all soldiers on duty in the Kurulu sub-district had been transferred. He further promised that the military would no longer act “arrogantly” towards civilians. However, in many cases of military trials, which are not open to the public, the sentences are merely a light punishment, such as a transfer, which is inadequate given the seriousness of the human rights violations committed. Therefore, the TNI jointly with the National Human Rights Commission (Komnas HAM) should send an independent investigation team to transparently resolve this case, as well as ensuring the adequate punishment of those responsible. The military court law should be reviewed to ensure that members of the military are brought exclusively before a competent, objective and impartial civilian court that is compliant with the internationally-accepted standards of fair trial, including public access to the process, in cases of human rights abuses by members of the military against civilians. (photo: Kurulu victim)
ADDITIONAL INFORMATION:Torture is used in a widespread way by the police and military against indigenous Papuans, notably on persons suspected of supporting independence movements. Such suspicions are often leveled arbitrarily against members of the indigenous community and result in stigmatisation. This case is a clear example of this pattern.
Furthermore, according to the law on military courts, members of the military that commit crimes against civilians, such as extrajudicial killings or torture, can only be held accountable by military justice systems. Military courts are not open to the public, are notorious for only giving lenient punishments, and show a clear lack of impartiality.

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3 Papuan prisoners in need of medical treatment for stroke

Papuan prisoners in Biak Jail
Papuan prisoners in their cell in Biak prison: Numbungga Telengen (black clothes), Jefrai Murib (sleeping) and Apot Lokobal (wearing glasses). Jafrai Murib is thought to have suffered a stroke on 19 December 2011 which has caused paralysis. He can no longer stand.

 

I am often in and out of prisons to deal with political prisoners, so I know many detainees and their families and lawyers. Last week, I received a message from somebody representing three Papuan prisoners in Biak prison. He said that prisoner Jefrai Murib is thought to have suffered a stroke on the morning of 19 December 2011. He’s paralysed. He can’t walk. When he walks he does so with the aid of his friends. The left side of his body, his left leg and his left arm have lost all sensation.

Jefrai Murib

Murib has had a check-up in Biak General Hospital, where the doctor referred him to Jayapura hospital.  Biak hospital is not as well equipped as Jayapura hospital. Murib is in a cell together with Numbungga Telengen and  Apotnagolik Enos Lokobal.  They were arrested in April 2003 following a raid on a Wamena weapons store. Murib and Telenggen got a life sentence, Lokobal was sentenced to 20 years in jail.

Lokobal also suffers from the same symptoms; the right side of his body has lost all sensation. He has also been seen twice at Biak hospital, on 12 November and 23 November. Lokobal is also suspected of having suffered a stroke. Unlike Jafrai Murib, by last week Apot Lokobal was able to walk again, although his steps are weak and faltering, and he has to be carried when taken to hospital. Lokobal needs more specialised medication. The Indonesian state is responsible for providing healthcare to prisoners. I hope that the health condition of these two prisoners will be taken seriously by the Penitentiary Director General.

In accordance with the doctor’s recommendations, Jefrai Murib should be moved to Abepura jail in Jayapura, and needs to receive medical attention at the Dok Dua Hospital in Jayapura.

Bintang Papua: 12 civilians tortured by security forces

Bintang Papua, 6 November 201112 Civilians torture by security forces? Komnas HAM demands clarifications from army commanderTwelve civilians in Kurulu, Jayawijaya are thought to have been tortured by members of the security forces on 2 November 2011 in violation of legal procedures., said Matius Murib, the deputy chairman of Komnas HAM Papua branch, in a statement to Bintang  Papua.

He said that the commander in chief of Cenderawasih Military Command, Major-General Eri Triassunu investigated members of the security forces who are thought to have committed these acts of torture, for them to explain the reasons for the torture to the victims and the general public.

Such behaviour fails to respect human dignity and violates human rights and is not in compliance with calls to put an end to violence in Papua. All parties should choose  the path of peace and dialogue as the way to solve the problems.

The head of public relations of the Cenderawasih military command, Colonel  Ali Hamdan Bogra was asked to confirm that these acts  of torture were perpetrated by members of the TNI security forces but he refused to respond..

Meanwhile, Buchtar Tabuni of the central executive of the KNPB told journalists on 4 November that these acts of  torture  by the TNI had occurred in Kurima Kampung on 2 October 2011

The torture was preceded by cheap provocations from the TNI Battalion 756 saying that a TPN group in Umapagalo Kampung had held a meeting with  the people of Kampung Umapagalo. After hearing about this meeting, the military commander organised a sweeping operation. During this operation, further acts of torture occurred.

According to Bucktar Tabuni, the KNPB sent a report about the torture perpetrated by the TNI, along with photos of the victims  to the central committee of the KNPB as well as sending it to the media.

After listing the names of the twelve victims, the KNPB said that these acts of  violence  were accompanied by screams of abuse and the victims were beaten with wooden truncheons, kicked with heavy army boots and threatened with rifle butts as well as gunshots.

A report of these acts of violence by the TNI against the twelve civilians was then submitted to the police in Kuruku but the police refused to accept it, saying that the operation  had failed to conform with legal procedures.

According to Buchtar and Mako Tabuni, the victims of this incident intend to submit this case to the district court in Wamena.

A spokesperson for Buchtar and Mako declared that the Cenderawasih military commander  should accept responsibility for the actions of his men in Kostrad 755/Kurulu. He said: From now onwards, we will not accept any attacks against the civilian population  in the Land of Papua  because these activities by the Indonesian military are acts of subversion (makar) in which members of the community were attacked by members of the state apparatus without there having been any acts of resistance by the local communities.

JG: 7 Soldiers Detained for Abuse in Papua

(Comment: West Papua Media was the only media outlet that covered this is detail when the story was broken (with thanks to local human rights sources and Tapol), so we also thank Jakarta Globe for following this up with such a positive result.  see https://westpapuamedia.info/2011/11/05/indon-commando-btn-755-brutalise-puncak-jaya-villagers/  It remains to be seen if these soldiers from Battalion 755 are charged and put on trial for human rights abuses and torture, and face accountability for their actions.  Moreover, without the identification of command responsibility for who gave the orders for soldiers to extrajudicially abuse civilians on mere suspicion of separatism (freedom of expression) then these abuses will continue.  Detention at a garrison is a long way from a judicial process).

http://www.thejakartaglobe.com/news/7-soldiers-detained-for-abuse-in-papua/476877

 by Banjir Ambarita | November 07, 2011

Seven soldiers stationed in Papua have been detained by military police on suspicion of abusing civilians there.

Col. Ibnu Tri Widodo, the head of district command (Korem) 172/PWY, said the seven soldiers were taken into custody after it was reported that they had beaten, kicked and humiliated 12 residents of Kurulu village in Papua’s Jayawijaya district.

“For what they [the soldiers] did, they are being detained at the military police in Wamena,” Ibnu said.

The Commission for Missing Persons and Victims of Violence (Kontras) reported that the soldiers had stumbled across the civilians participating in a traditional tribal council on Wednesday, but that the soldiers mistook the meeting for a pro-separatist gathering.

The soldiers then allegedly beat, kicked and doused the 12 with water while also forcing them to crawl on all fours.

Following the allegations, all military troops assigned to Kurulu have been replaced.

Ibnu said on Monday that he would try to prevent similar incidents.

“We have to be better and prevent violence against the civilians.”

Indon Commando Btn 755 brutalise Puncak Jaya villagers

by Nick Chesterfield at westpapuamedia.info

November 5, 2011

Indonesian army (TNI) commandos have  terrorised and severely beat villagers in Kurulu District in Puncak Jaya in another show of extreme  brutality against West Papuan civilians.

Soldiers from the Kostrad (Strategic Reserve) Battalion 755 stationed at the Kurulu army post stormed the village of Umpagalo, near Wamena, on the night of November 2, breaking up a meeting and severely beating 12 men, including 3 West Papua National Committee (KNPB) members.

This comes after a series of violent events across Papua in recent months, and just hours before a horrific attack on a student in nearby Wamena town, when Yusuf Hiluka (23) was set alight with glue by two officers from Satpol PP (Satuan Polisi Pamong Praja), the district civil security unit.

According to local activists from KNPB, in a chronology provided to West Papua Media, villagers were holding a peaceful gathering and discussions about local tribal and community issues, and the elections to be held for the Hubulu area Tribal Council (DAP or Dewan Adat Papua).

Local human rights sources claimed that the attack happened after a Kurulu villager, who reportedly drank and gambled with members of the pro-Jakarta militia Barisan Merah Putih, falsely reported to soldiers that a squad of TPN/OPM guerrillas were in the village.  From the Area Security post a platoon of Kostrad troops, an elite Commando unit from Jakarta, descended on the village in full battle gear and proceeded to terrorise villagers by opening fire with machine guns as they arrived.

From 11pm local time Kostrad soldiers rounded up and tied all the elders and young men, according human rights sources, and subjected them to a humiliating torture and beating in front of their wives and children.  Then men were beaten with rifle butts to the head, and whipped across their face and backs using rattan canes.  Soldiers then proceeded to “stampede” on the detained villagers, according to the chronology, telling the victims when holding bayonets to their throats “”watch out, your neck will Decide”.  Women in the village were also hit on their heads by the soldiers, according to the witnesses.

It is also alleged by local human rights sources that the soldiers opened fire at least four times, shooting into the air, and also stabbed four people with bayonets.  Furthermore, the sources allege that some victims were tortured by being hung by a hook for 2 hours, and then immersed in water for one hour.   After this torture, victims were allegedly taken to 755 Battalion branch Kurulu Wimanesili Wamena for 2 hours.  The exact identity of those particular victims have not yet been provided.

Melianus Wantik, Edo Doga, Mark Walilo from KNPB Wamena, and Pilipus Wantik, Kosy Wilem, Elius Dabi, Lamber Dabi, Othi Logo, Nilik Hiluka, Hukum Logo, Martinus Mabel and Saulus Logo, all from the Umpagalo village., all were injured by the TNI operation at the village.

Photographs supplied to West Papua Media and Tapol appear to show significant beating injuries, and several deep tissue injuries caused by Indonesian troops.

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As the soldiers left around 2am,  villagers dispersed to the police station in Kurulu and summoned help from the Indonesian police, who refused to assist.  Local human rights sources allege that the TNI performed the operation andconducted arrests without a formal letter of Command authorisation and was therefore illegal, and by torturing acted illegally and inhumanely.  Torture is an offence under Indonesian law, however it is rarely punished when carried out by security forces.

westpapuamedia.info

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