2) Criticism of National Human Rights
Commission
3) Claims of torture by security forces in West Papua
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1) DOCUMENT - INDONESIA: PANIAI SHOOTINGS - MAKE INVESTIGATION FINDINGS PUBLIC AND BRING PERPETRATORS TO JUSTICE
AMNESTY INTERNATIONAL
PUBLIC STATEMENT
Index: ASA 21/001/2015
9 January 2015
Indonesia: Paniai shootings -- make investigation findings public and bring perpetrators to justice
The Indonesian authorities must ensure that the new investigation team formed on 7 January by the National Human Rights Commission (Komnas HAM) into the security forces’ use of lethal force against protesters in Paniai, Papua, a month ago, as well as all other investigations, are conducted thoroughly and impartially, and the findings made public.
In many previous instances in Papua, investigations into human rights violations by security forces including unlawful killings, unnecessary and excessive use of force, and torture and other ill-treatment, have been delayed, dropped, or their findings buried, leaving victims and their families without access to truth, justice and reparations.
On the morning of 8 December 2014, at least four protesters were killed and over a dozen injured when security forces, both police and military, allegedly opened fire on a crowd that was protesting at the Karel Gobai field located near the Paniai District Military Command (Koramil) in Papua province. The crowd had gathered to protest against soldiers from the Special Team Battalion 753, who had allegedly beaten a child from Ipakije village the night before, who had to be hospitalised.
The police and military authorities have reportedly each set up their own internal investigations into the incident. In addition, in the latter part of December, while on a visit to Jayapura, Papua, for Christmas celebrations, President Joko Widodo promised to set up a fact finding team.
An initial investigation was also carried out by Komnas HAM which has since announced the formation of the “Paniai Incident Investigation Team” (Tim Penyelidikan Peristiwa Paniai) which will involve various actors including from civil society. According to the commission’s initial findings, the security forces had used live ammunition and firearms in dispersing the crowd, but there was no evidence that the crowd presented any threat to security personnel.
Under international law and standards, law enforcement officials may use force only when strictly necessary and to the extent required to carry out a legitimate law enforcement objective; they must not use firearms except in defence against an imminent threat of death or serious injury. Arbitrary or abusive use of force by police or other security forces carrying out law enforcement duties must be punished as a criminal offence under the law.
The investigations into the Paniai shootings must be carried out impartially and thoroughly and without undue delay, and their findings made public. Amnesty International urges Komnas HAM to coordinate with the Witness and Victims Protection Agency to ensure the safety and security of witnesses and victims from Paniai who have been traumatised by the shootings and have also reportedly been subjected to threats and intimidation.
Any members of the security forces found to be responsible for human rights violations, including persons with command responsibility who gave unlawful orders or who knew or should have known that those under their command were resorting to unlawful use of force and who did not take measures to prevent it, must be prosecuted in civilian courts in proceedings which meet international fair trial standards, without recourse to the death penalty. Further, if there is evidence of ‘gross human rights abuses’, prosecutions should be carried out via the Human Rights Courts as provided for by law.
The authorities must also ensure that victims and their families receive full and effective reparations, including compensation.
Amnesty International has documented numerous cases of human rights violations by Indonesian security forces in Papua and other parts of the country, that have been swept under the rug with no investigations or prosecutions. The new administration, under President Joko Widodo must reverse this trend with the Paniai case and signal an end to the climate of impunity.
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2) Criticism of National Human Rights Commission
Statement by Yan Christian Warinussy, the Executive-Director of LP3BH
- Manokwari, 9 January 2015
I was very surprised to read the news in the local and national media that the National Human Rights Commission (KomnasHAM) in Jakarta
had set up a team of investigation into gross human rights violations which is not in accord with Law 26/2000 on Human Rights Courts. This is because according to article 1, para 5, investigations are intended to decide whether the incident is a gross human rights violation in order that further measures should be taken in accordance with the law.
These investigations are the responsibility of KomnasHAM as stipulated in article 18 of the Law on Human Rights Courts which
states that the KomnasHAM should set up an Ad Hoc Team composed of KomnasHAM and representatives from the community. Article 18 states
that representatives from the community should consist of highly-dedicated professionals in the realm of human rights.
This is very urgent because it is closely related to article 19 of the afore-mentioned Law 26/2000 which, among other things, calls upon
the complainant and the victim to make their statements, and also to hear the views of witnesses, as well as collecting information from
the place of the incident and other places as deemed necessary.
On the basis of the above, as an advocate for the defence of human rights in the Land of Papua, I believe that all these elements should
include not only members of KomnasHAM but also those who are chosen as members of an Ad Hoc Team from the community which means not
persons who according to the findings of the initial investigations by KomnasHAM itself consisted of elements from the TNI (Indonesian Army)
and Police Force.
In my opinion, this means that KomnasHAM appears to be guilty of a serious violation of the laws in force and it appears that there has
been 'intervention' from outside KomnasHAM for the creation of a Fact-Finding Team which would include the 'perpetrator' of the gross violation.
The consequence will be that efforts to find the true, impartial facts as required in articles 19 and 20 of Law 26/2000 will be
difficult to achieve and may even mean bring the alleged perpetrator before a human rights court.
I say this because, in connection with the tasks of KomnasHAM as stipulated in article 20 of the human rights courts law, KomnasHAM
should be able to produce evidence within seven days following the incident so as to ascertain that there is enough evidence to indicate
that a gross violation occurred in the case of the shooting of civilians in Enarotali, district of Paniai on 8 December, 2014. This
means that there is a great need for professionals who are truly dedicated to the principles of human rights.
These professionals should have the necessary level of education and experience in the field of human rights, as defending counsel in
the Land of Papua as well as nationally. As a defender of human rights here in the Land of Papua, I urge
KomnasHAM to respond to the statement made by President Joko Widodo during the Christmas celebrations on 27 December at the Mandala
Stadium in Jayapura when he said that acts of violence such as occurred in Enarotali should be dealt with in accordance with the rule
of law. KomnasHAM is the institution which has the authority to conduct investigations to determine whether the incident in Enarotoli was a gross human rights violation as stipulated in articles 7, 8 and 9 of Law 26/2000.
Peace
Translated by Carmel Budiardjo
- Manokwari, 9 January 2015
I was very surprised to read the news in the local and national media that the National Human Rights Commission (KomnasHAM) in Jakarta
had set up a team of investigation into gross human rights violations which is not in accord with Law 26/2000 on Human Rights Courts. This is because according to article 1, para 5, investigations are intended to decide whether the incident is a gross human rights violation in order that further measures should be taken in accordance with the law.
These investigations are the responsibility of KomnasHAM as stipulated in article 18 of the Law on Human Rights Courts which
states that the KomnasHAM should set up an Ad Hoc Team composed of KomnasHAM and representatives from the community. Article 18 states
that representatives from the community should consist of highly-dedicated professionals in the realm of human rights.
This is very urgent because it is closely related to article 19 of the afore-mentioned Law 26/2000 which, among other things, calls upon
the complainant and the victim to make their statements, and also to hear the views of witnesses, as well as collecting information from
the place of the incident and other places as deemed necessary.
On the basis of the above, as an advocate for the defence of human rights in the Land of Papua, I believe that all these elements should
include not only members of KomnasHAM but also those who are chosen as members of an Ad Hoc Team from the community which means not
persons who according to the findings of the initial investigations by KomnasHAM itself consisted of elements from the TNI (Indonesian Army)
and Police Force.
In my opinion, this means that KomnasHAM appears to be guilty of a serious violation of the laws in force and it appears that there has
been 'intervention' from outside KomnasHAM for the creation of a Fact-Finding Team which would include the 'perpetrator' of the gross violation.
The consequence will be that efforts to find the true, impartial facts as required in articles 19 and 20 of Law 26/2000 will be
difficult to achieve and may even mean bring the alleged perpetrator before a human rights court.
I say this because, in connection with the tasks of KomnasHAM as stipulated in article 20 of the human rights courts law, KomnasHAM
should be able to produce evidence within seven days following the incident so as to ascertain that there is enough evidence to indicate
that a gross violation occurred in the case of the shooting of civilians in Enarotali, district of Paniai on 8 December, 2014. This
means that there is a great need for professionals who are truly dedicated to the principles of human rights.
These professionals should have the necessary level of education and experience in the field of human rights, as defending counsel in
the Land of Papua as well as nationally. As a defender of human rights here in the Land of Papua, I urge
KomnasHAM to respond to the statement made by President Joko Widodo during the Christmas celebrations on 27 December at the Mandala
Stadium in Jayapura when he said that acts of violence such as occurred in Enarotali should be dealt with in accordance with the rule
of law. KomnasHAM is the institution which has the authority to conduct investigations to determine whether the incident in Enarotoli was a gross human rights violation as stipulated in articles 7, 8 and 9 of Law 26/2000.
Peace
Translated by Carmel Budiardjo
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http://www.radionz.co.nz/international/pacific-news/263394/claims-of-torture-by-security-forces-in-west-papua
3) Claims of torture by security forces in West Papua
Updated at 7:48 am today
The spokesperson for the global Free West Papua Campaign claims up to 1000 police and military deployed to the Timika region in West Papua have tortured people in the area.
In a statement, Benny Wenda says up to 116 people living in the region surrounding the Freeport McMoran mine have been tortured and detained since the deployment.
The deployment was in response to the killing of two police officers in Utikini village last week, in which 13 people have been arrested.
Attached to the statement are pictures of dozens of people sitting in front of a house with their hands tied behind their banks, surrounded by armed plain clothed police officers, although the picture has not been verified.
Mr Wenda says houses have been burnt down after independence banners were found inside.
He says he believes the deployment is a deliberate attempt to divert public attention away from the killing of 5 schoolboys in Paniai last month.
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A google translate of article in bintangpapua.com. Be-aware google translate can be a bit erratic.
Original bahasa link at
http://bintangpapua.com/index.php/lain-lain/k2-information/halaman-utama/item/19254-west-papua-interest-association-minta-kapolda-bebaskan-77-orang
Jum'at, January 9, 2015 00:30
4) West Papua Interest Association Request Chief Exempt 77 People
IlustrasiJAYAPURA - group calling itself the Board of West Papua InterestAssociation Andreas Wakerkwa stated, it is very upset with the actions of the security forces who arrested innocent indigenous peoples in the area of the yellow tent time Blurred Mile 68 Tembagapura in the area of PT. Freeport Indonesia in Timika, Papua.
According to Andreas in his statement when they travel to Papua Star Editorial Office, Thursday (01/08/2015) that pursuit conducted a joint police and military forces in the area of Mile 68 of the perpetrators who killed two members of Brimob and the sekurity since January 1, 2015. However, in pursuit on January 6, 2015 yesterday, the combined police and military forces have mistaken the 116 members of West Papua's indigenous people. They were taken by bus from Mile 32 Tembagapura towards Timika Police.
Furthermore Andreas explained, indigenous people who were arrested this always gets the socialization and direction on the development of indigenous peoples in the United Nations on the UN Declaration on the Rights of Indigenous Peoples rights adopted UN General Assembly in September 2007 and has been aware of the law.
On January 7, 2015 after a day at the police station hold in Timika, 49 The mothers and children freed by police while 77 people consisting of men still detained in Timika Police with their very poor condition.
"We questioned why innocent civilians become victims, related to the ID Card is a form of protection for indigenous peoples of West Papua which is based on the UN Declaration on the Rights of Indigenous Peoples rights of article 33 No. 2 which reads: Indigenous People hava the rigth to Determine the structures and to select the membership of Reviews their institution in accordance with Reviews their own procedures. That, membership in an institution or organization of indigenous peoples, so that our community has the ID in case of violation of human rights, makes it easy to be recorded ", he said in releasenya.
Andreas please, do police duty to inquire but do not abuse them and immediately release 77 people were detained in appalling conditions. (Ven / do)
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