2) TNI names 9 soldiers suspects for alleged torture, murder of 2 Papuans in Intan Jaya
3) Family of murdered Papuan pastor want killer tried in human rights court
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A google translate. Be-aware google translate can be a bit erratic.
Original bahasa link
1) Intan Jaya I Conflict: Risk of more widespread violence in the future
Reporter: Victor Mambor December 26, 2020 6:40 am
Papua No.1 News Portal | Jubi
TNI members while patrolling Sugapa airport, Saturday (7/11/2020) - Jubi / Abeth You
Jayapura, Jubi - Papua Province Humanitarian Team for Cases of Violence Against Religious Figures in Intan Jaya District, hereinafter referred to as the Humanitarian Team, has completed documenting cases of extrajudicial killings against Pastor Yeremia Zanambani on 19 September 2020.
This report documents facts about Pastor Jeremiah's murder. This report also provides an analysis of the context of violence by significant security actors, namely the TNI and TPNPB, and its impact on civilians in Intan Jaya District. This report is republished in a serial version for broader advocacy purposes.
Pastor Jeremiah Zanambani's shooting incident cannot be seen as an isolated event. There have been pre-conditions of violence since 17-19 September 2020. Starting with the gathering of Hitadipa residents twice on 19 September 2020, namely at 9.00 WIT and 12.00 WIT at the Headquarters of the Hitadipa Preparation Koramil and the Imanuel Hitadipa Church yard. In the gathering of residents, the name of Pastor Yeremia along with five other residents was called an enemy by the Deputy Commander of the Sub-District Military (Wadanramil) Alpius Hasim Madi.
The intimidation and threats given by Alpius to make the residents return the rifles belonging to the TNI made several residents present cry and fear. An hour later, the TPNPB attack on the Preparatory Koramil Headquarters resulted in the death of Pratu Dwi Akbar Utomo. In that incident, there was the burning of the official house of the health worker in Taundugu by TNI officers, then shooting and stabbing took place, which killed Pastor Yeremia Zanambani.
Pastor Yeremia Zanambani is not the first victim in a series of police violence in Intan Jaya. He is the 10th civilian victim who was shot at Intan Jaya, between October 2019 and 2020. The armed conflict that has occurred in Intan Jaya since October 2019 is the latest in a series of episodes of violence that have emerged since Intan Jaya Regency was formed in 2008.
The Humanitarian Team documented four problem groups in analyzing the various violence in Intan Jaya. First, there were changes in the characteristics of the conflict in Intan Jaya over several time periods, namely 2014-2016; 2017-2018; and 2019-2020.
In the 2014-2016 period, Intan Jaya District was marked by several cases of violence perpetrated by security forces against civilians. According to the Humanitarian Team's records, violence involving Brimob members caused at least one citizen to die, and at least 21 residents were injured. Meanwhile, another security apparatus committed an additional case in which one civilian victim was killed. The various violence was not directly related to political reasons, but was incidental violence with personal motives or as a result of provocation.
Entering the beginning of 2017 to 2018, regional head elections (Pilkada) contestation added to the dynamics of the conflict in Intan Jaya. The clash occurred between sympathizers of the regent candidate pair Yulius Yapugau-Yunus Kalabetme and the incumbent Natalis Tabuni - Robert Kobogoyauw. At least three residents died, and 101 others were injured. As tensions escalated, the Papua Police made additional troops for security. This tension has had an impact on the fragility of the civilian government in responding to various dynamics of local security.
The change in the characteristics of the conflict in Intan Jaya has been clearly visible since 25 October 2019. Intan Jaya has become a new armed conflict zone in Papua, due to the presence of two significant security actors, namely the TNI and TPNPB. Various series of violence showed an escalation in the conflict since the shooting incident of Indonesian Army soldiers on December 17, 2019 to November 6, 2020.
The results of the Humanitarian Team documentation show that there were 17 cases of violence perpetrated by both the TNI and TPNPB. The violence resulted in 17 deaths. A total of 12 were civilians killed, including a child.
The shift in the conflict trend is a significant change, because previously Intan Jaya District was not included in the conflict zone between the TNI and TPNPB. The previous conflicts were more related to communal issues, land ownership issues, conflicts between residents and various other disturbances to security and public order. When social conflicts such as tribal wars occur, traditional value-based conflict resolution is carried out by warring groups of people to find a middle way.
The expansion of Intan Jaya from Paniai Regency in 2008 has implications for changing the trend of the conflict. The struggle for power by local elites through Pilkada contestation in 2017 has had an impact on the legitimacy of the local government and the effectiveness of its government. On the one hand, the addition of organic and non-organic troops for the sake of securing the Pilkada and in responding to various local security dynamics afterwards, has significantly increased the role of the TNI-Polri in this district with a population of 49,293.
On the other hand, TPNPB is increasingly consolidating its struggle by expanding Kodap [1] and reunification. After the TPNPB Summit in Biak Numfor on May 1-5 2012, TPNPB already has 33 Kodap throughout Papua. Intan Jaya itself is included in Kodap VIII. Internal consolidation was also strengthened by a meeting of Reunification and the Declaration of Unity and Unity of the TPNPB-Free Papua Organization on August 1, 2019 Ilaga, Puncak Regency. [2] Since then, the intensity of the conflict between the TNI-TPNPB has increased in Intan Jaya District.
The interaction of these various factors contributed directly or indirectly to the changes in the characteristics of the conflict in Intan Jaya Regency in 2014-2020. Now, Intan Jaya Regency has become a new zone for a deadly security conflict. According to the Humanitarian Team's record, the highest number of victims in the conflict between the TNI and TPNPB were civilians, both Papuan and non-Papuan.
Second, it is difficult to obtain clear information about the addition of organic and non-organic troops to the TNI / Polri operations in Intan Jaya. After the restructuring of the TNI organization on September 27, 2019, the Humanitarian Team also found it difficult to identify the division of tasks among stakeholders such as the XVII / Cenderawasih Regional Military Command, Korem 173 / PVB, and Kogabwilhan III. However, Kogabwilhan III seems to have more authority and play a role in security operations in Intan Jaya.
Throughout the series of violence and armed conflicts in Intan Jaya, information dissemination to the public was mostly carried out by the Information on Kogabwilhan III. After the shooting of Pastor Yeremia Zanambani, for example, the Head of Information for the Joint Defense Region Command III, Col. Czi IGN Suriastawa, made a unilateral statement, saying that Pastor Yeremia was shot by the TPNPB. In the previous period, the delivery of similar information was mostly carried out by the XVII / Cenderawasih Military Command Information.
The implication is that it is difficult to ensure the accountability of the TNI for various human rights violations in Intan Jaya. The lack of independent and impartial investigations into various violence in TNI operations in Intan Jaya has further strengthened the structure of violence within the institution, including the practice of impunity.
Apart from the lack of information regarding the presence of TNI troops in Intan Jaya, the TNI has also violated International Humanitarian Law for occupying YPPGI Hitadipa Elementary School. The school was even used as the Headquarters of the Hitadipa Preparation Koramil. The use of public facilities for war purposes violates human rights. This deprivation has taken away the rights of students to attend school.
Third, there is neglect of victims' rights to justice and reparation after various violent events since October 2019. In a number of cases of extrajudicial killings, there is minimal investigation and legal process against the TNI members involved. Until November 12, 2020, only cases of burning of official houses of health workers in Taundugu have reached the investigation stage. The Indonesian Army Military Police Center (Puspomad) named eight Indonesian Army soldiers as suspects in the arson case. [3]
The lack of legal proceedings for various extrajudicial killings by security forces has resulted in impunity. People in Intan Jaya do not have access to justice and remedies for the various human rights violations that have occurred.
The Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, defines victims as “people who individually or in groups have suffered harm, including physical or mental injury, emotional suffering, economic loss or real deprivation of basic rights, either because of actions (by act) or because of negligence (by omission). So that the people of Hitadipa and Intan Jaya who were subjected to direct and structural violence as a result of the conflict by security actors had the right to feel safe. Therefore, the State is obliged to guarantee justice and restoration of rights (reparations) for the people of Intan Jaya.
Fourth, the escalation of violence between the TNI-TPNPB also has an impact on the problem of refugees. Based on data compiled from the Indonesian Gospel Tent Church (GKII), the Timika Diocese Catholic Church and the Intan Jaya Regency Government, around 466 people were displaced. They are scattered in several districts around Intan Jaya Regency and several other districts such as Nabire, Mimika and Puncak. This number is estimated to be even higher due to the difficulty of data collection by the Humanitarian Team. In addition, the feeling of trauma experienced by residents causes fear of reporting to government agencies. The large number of patrols of the security forces in Sugapa and Hitadipa Districts also made it difficult for Church Pastors to record the overall distribution of refugees.
The problems of refugees from the previous armed conflict, such as the refugees from Nduga Regency for example, also show the tendency of many civilians to flee to the forest, moving away from residential centers or government which are the locations of the security forces' headquarters. The difficulty in collecting data will cause various humanitarian problems such as limited access to basic needs such as food, adequate housing, sanitation, education and health. The presence of refugee women, children and elderly people also needs special attention to be met immediately. Another urgent matter is the fulfillment of security guarantees for the refugees to return to their hometowns to celebrate Christmas.
Fifth, the existence of the Wabu gold block risks triggering a new conflict (resource war). Previous findings indicate a causal relationship between exploitation of natural resources, armed conflict and escalation of violence. [4]
In the analysis of the conflict in Papua, injustice in natural resource management has become one of the triggers [5]. Exploitative development like this has an impact on the marginalization of local communities. With the social, political, economic and cultural background of the people of Intan Jaya, the patterns of injustice and marginalization could worsen in the future. When people's grievances due to imbalances in the distribution of results coincide with other conflict-triggering elements, other significant actors can construct these grievances to legitimize new violence. Because the most worrying thing about strategic natural resources such as gold is the manipulative competition between parties with different interests. [6]
The plan to mine the Wabu Gold Block in the midst of a situation of armed conflict between the TNI and TPNPB, will only lead to a conflict that is more complicated to resolve. TPNPB has conveyed its rejection of the Wabu Block mining existence and specifically asked the Governor of Papua to withdraw the recommendation letter for the Special Mining Business Permit Area (WIUPK) Number 540/11625 / SET issued in Jayapura on July 24, 2020 [7]. This resistance can produce a new cycle of violence if marginalization worsens and the government continues to prioritize a security approach in its conflict resolution.
The Humanitarian Team's findings indicate the risk of more widespread violence and conflict in the future. The security approach chosen by the government is dangerous, because the security forces have shown no attempt to change the culture of violence inherent in their institutional structures. Groups of security forces have even shown a tendency to obscure the facts of the various violations they have committed, in order to protect perpetrators from legal traps by continuing to practice impunity.
The shooting of Pdt. Yeremia Zanambani was an extrajudicial murder that violated human rights, international law, and the Indonesian Constitution. Pastor Jeremiah's case proved not to be the last case, because afterwards there were the murder of two catechists of the Timika diocese. The culture of violence inherent in the TNI institutional structure can only be changed if the practice of impunity is stopped by bringing the perpetrators of violence to justice.
To the Humanitarian Team, Mama Miriam Zoani, wife of the late Pastor Jeremiah and family hopes that the security forces will leave Hitadipa, so that she can see Pastor Jeremiah's grave for the first time. Mama Miriam Zoani also hopes that the displaced people will return to their homes, and together with their families do a thanksgiving service after Pastor Jeremiah’s death.
It seems simple to most people. However, the presence of TNI officers in Hitadipa made it difficult for the family of Pastor Yeremia Zanambani to make it “simple”. (*)
footnote
[1] Kodap is the name of the TPNPB territorial unit, which is usually based on district administrative areas in Papua.
[2] https://suarapapua.com/2019/08/14/perkuat-tpnpb-goliat-tabuni-cs-tolak- Organizations-taing/
[3] https://jubi.co.id/papua-d Eight-oknum-tni-ad-tersangka-pembakaran/
[4] Edward Aspinall. The Construction of Grievance. Natural Resources and Identity in a Separatist Conflict. Journal of Conflict Resolution. Vol 51 No 6, December 2017.
[5] The Indonesian Institute of Sciences (LIPI) mentions four roots of conflict in Papua, including the history of integration, political violence and human rights violations, development failures and problems of marginalization and inconsistency in the special autonomy policy. Various development inequalities due to the exploitation of natural resources cause social jealousy and become the root of conflict. Meanwhile, according to Amich Alhumami, there are two main dimensions of the Papuan conflict, namely the economic dimension and political domination. The economic dimension is related to the massive exploitation of natural resources without benefiting local communities. A sense of injustice due to economic problems can lead to conflict in the political sphere. See Suma Riella and Cahyo Pamungkas. Updating Papua Road Map. Peace Process, Youth Politics and Papuan Diaspora. (Jakarta: Yayasan Pustaka Obor Indonesia., 2017)
[6] Ichsan Malik. Conflict Resolution, Peace Bridge (Jakarta: Kompas Book Publisher, 2017)
[7] https://suarapapua.com/2020/10/25/tpnpb-tegas-menolak-penambangan-emas-blok-b-wabu-intan-jaya/
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https://www.thejakartapost.com/news/2020/12/25/tni-names-9-soldiers-suspects-for-alleged-torture-murder-of-2-papuans-in-intan-jaya.html
2) TNI names 9 soldiers suspects for alleged torture, murder of 2 Papuans in Intan Jaya
2) TNI names 9 soldiers suspects for alleged torture, murder of 2 Papuans in Intan Jaya
News Desk The Jakarta Post
Jakarta / Fri, December 25, 2020 / 01:38 pm
Intan Jaya regency is marked with the red line. (JP/-)
Military Police have named nine soldiers suspects in a case pertaining to the killing of two Hitadipa villagers in Intan Jaya regency, Papua.
The soldiers are suspected of torturing two civilians identified as Luther Zanambani and Apinus Zanambani to death and burning their bodies to hide their crime, Military Police commander Let. Gen. Dodik Widjanarko said. “To hide the evidence, the victims’ bodies were burned and the ashes were disposed of in the Julai River in Sugapa district," Dodik said as reported by tempo.co on Wednesday.
He said personnel of Infantry Battalion (Yonif) PR433/JS arrested Luther and Apinus on April 21, on suspicion of being members of a Papuan armed group. They were then questioned in Sugapa. During the interrogation, Dodik said "inappropriate excessive force" had caused Apinus and Luther to end up in critical condition. Read also: Killing of Intan Jaya pastor part of major shift in security crisis: Report Indonesian Military (TNI) personnel then move them to Yonif PR433/JS Strategic Reserves Command (Kostrad) in a civilian truck.
Both victims died on the journey. "Apinus and Luther's body were burned upon arrival at the strategic reserves command," Dodik said. He explained that a joint team from the Cendrawasih Military Command in Papua and the TNI had questioned 19 soldiers and the victims' family members in relation to the incident. "We named nine suspects based on our investigation, comprising of two soldiers from Paniai 1705 Kodim and seven soldiers from Yonif PR433/JS," Dodik said. The suspects have been identified as Maj. Inf. ML, First Sgt. FTP, Maj. Inf. YAS, First Lt. Inf. JMTS, Chief Sgt. B, First Sgt. OSK, First Sgt. MS, Second Sgt. PG, Second Cpl. MAY. Dodik further stated that the investigative team was probing three other soldiers: First Lt. Inf. DBH. First Sgt. LM and First Lt. Inf. FPH, to determine their roles in the incident. The suspects are facing multiple charges that include battery, assault, hiding corpses and aiding a crime.
They were also charged under Article 132 of the Military Code (KUHPM). In November, the Military Police also named eight soldiers suspects in an arson case in Hitadipa village, Intan Jaya, Papua. The joint team is also investigating the fatal shooting of pastor Yeremia Zanambani, which also took place in Hitadipa. Prior to his death, Yeremia was involved in an investigation to find Luther and Apinus, who at that time were declared missing after being detained by military officers in a “COVID-19 raid".
Yeremia had also visited Sugapa Koramil to search for Luther and Apinus. Dodik said the investigative team was gathering evidence and waiting for the autopsy of Yeremia's body. "We have summoned 21 soldiers from Yonif R 400/BR for questioning regarding the incident," he said, adding that he gave them until February 2021 to fulfil the summon. Dodik claimed all criminal offences allegedly committed by TNI Personnel in Intan Jaya regency would be investigated thoroughly and be processed in a transparent manner.
Read also: Army Military Police name eight soldiers suspects in Intan Jaya house fire
Meanwhile, Regional Representatives Council (DPD) speaker from West Papua, Filep Wamafma, has urged the central government to call off military operations in Papua.
“The human rights of [Papuan people] will never be properly upheld if [the government] continues to carry out military operations in the region as if Papua is under martial law," Filep said on Thursday as quoted by tempo.co.
He claimed TNI personnel had committed human rights violations in Luther and Apinus's case and that they had violated the 1984 International Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Filep also said the burning of Luther and Apinus’ bodies by TNI personnel should not be tolerated. "Even if they were dead, they should be respected as human beings," he said. (nal)
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3) Family of murdered Papuan pastor want killer tried in human rights court
CNN Indonesia – December 24, 2020
Jakarta – The family of Pastor Yeremia Zanambani, who was shot dead in Hitadipa district, Intan Jaya regency, Papua, on September 19, are asking that the case be tried in a human rights court. They oppose having the trial being taken to a military tribunal.
"They (Yeremia's family) want the case to be heard in a human rights court, so that the perpetrator can be tried in accordance with his actions and there will be justice for the victim. The victim's family has no faith in the legal process of a military tribunal", said a member of the team of lawyers representing Zanambani's family, Yohanis Mambrasar, in a press release received by CNN Indonesia on Thursday December 24.
In early October the government formed the Intan Jaya Joint Fact Finding Team (TGPF) to investigate the case. The team found allegations of the involvement of security personnel in the murder of the religious figure.
In a press release on Wednesday meanwhile, the commander of the Army's Military Police Centre, Lieutenant General Dodik Widjanarko, said that the Army Headquarters Legal Process Reinforcement Team is in the process of attempting to question 21 personnel from the 400 Raider Military Battalion in relation to the shooting.
Aside from questioning the 21 personnel, Widjanarko said that they have also questioned 14 personnel from the Cendrawasih XVII Regional Military Command's (Kodam) Penebalan Apter Military Operational Unit Task Force.
Mambrasar further said that he deplored the legal handling of the case which should already be at a more advanced stage in the investigation.
"Like arresting and declaring suspects, because there's already enough evidence. There are many witnesses and the indicating evidence is already very strong [and enough] to explain the case and the perpetrator", he said.
He also said other such cases which have occurred in Papua recently such as the murder to two youths named Luter Zanambani and Apinus Zanambani on April 21, the torching of a healthcare office on September 19 and the shooting of Agus Duwitau on October 7 must also be resolved by a human rights court.
Mambrasar explained that as regulated under Article 9 in conjunction with Article 7(b) of Law Number 26/2000 on a Human Rights Court, the elements of a gross human rights violation in these cases – including Zanambani's shooting – have already been met.
"As referred to under Article 7, namely that there were acts of violent killing which took place in a systematic and broad manner", he said. (yoa/asr)
Notes
Although the government sanctioned TGPF only said that it found indications of the involvement of security personnel in Zanambani's murder, an investigation by the government's own National Human Rights Commission (Komnas HAM) explicitly named Zanambani's murderer as being Hitadipa sub-district military commander Chief Sergeant Alpius Hasim Madi. Komnas HAM said that Zanambani was killed while being interrogated about the whereabouts of an Indonesian military assault rifle seized two days earlier during an exchange of fire with the West Papua National Liberation Army (TPNPB).
[Translated by James Balowski. The original title of the article was "Keluarga Korban Minta Kasus Intan Jaya Diadili Pengadilan HAM".]
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