Thursday, September 12, 2024

1) Two Papuan minors alleged of involvement in aircraft shooting acquitted in court

 


2) Relatives demand justice for extra-judicial execution of Tobias Silak in Yahukimo

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Human Rights Monitor


1) Two Papuan minors alleged of involvement in aircraft shooting acquitted in court

On 10 September 2024, judges at the Wamena District Court acquitted Melianus Baye and Benny Elopore (see photos on top and below, source: Paham Papua), two minors who had been arrested in the regency of Yahukimo, Papua Pegunungan Province, on 22 February 2024. The students were initially suspected of involvement in the shooting between security forces and members of the West Papua National Liberation Army (TPNPB). After a prolonged legal process, the judge ultimately acquitted both defendants, acknowledging their juvenile status and finding them not guilty of the charges brought against them.
The circumstances surrounding their arrest were deeply troubling. Melianus Baye and Benny Elopore were arbitrarily detained by military personnel while bathing in the Brazza River in Dekai District, Yahukimo Regency. The arrest occurred shortly after an armed clash between military forces and a TPNPB member in the vicinity. Despite the TPNPB’s subsequent statement confirming that the two minors were not affiliated with their organisation, the youths were nonetheless detained and accused of involvement in an aircraft shooting before the incident. Human rights defenders reported evidence of torture during the arrest, with photos showing visible injuries on Melianus Baye’s arms.
Throughout their detention, serious concerns were raised by human rights organizations regarding the treatment of minors. The Papuan Legal Aid Institute (LBH Papua) repeatedly attempted to provide legal assistance to the defendants but was denied access by investigators from the Papua Police’s Directorate of Criminal Investigation and General Crimes. This obstruction of legal representation violated both international human rights standards and Indonesia’s own Criminal Procedure Code. The denial of access to legal counsel also raised suspicions about potential attempts to conceal further acts of torture during detention.
The events underscored broader issues of transparency, fairness, and human rights violations in the handling of such cases in West Papua.

Trial against Melianus Baye and Benny Elopore at the Wamena District Court


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Human Rights Monitor


2) Relatives demand justice for extra-judicial execution of Tobias Silak in Yahukimo

On 20 August 2024, Mr Tobias Silak, a staff member of the election supervisory agency (Bawaslu) in Yahukimo District was shot and killed by security forces in the town of Dekai, Papua Pegunungan Province. The incident sparked outrage and protests from Mr Silak’s family and local community members, particularly after authorities claimed that the victim was affiliated with the West Papua National Liberation Army (TPNPB). On 10 September 2024, relatives and supporters conducted a peaceful protest in Dekai to raise awareness about the case and demand justice (see videos and photos below, source: DGP).
The victim’s family has put forth several demands. They are calling for the prosecution of the perpetrators in a civil court, rejecting any attempts to portray Mr Silak as a TPNPB member The family urges immediate and thorough investigations by the Indonesian National Commission on Human Rights (Komnas HAM), the Papua Legal Aid Institute (LBH Papua), and the Papua Police. They also demand a comprehensive evaluation of the Yahukimo police force’s performance, citing concerns over fifteen civilian deaths in the past four years that have not been investigated. Furthermore, the family seeks civil society support to pressure authorities for justice and to raise awareness about military violence against civilians in the region.
The case of Tobias Silak highlights a broader issue of lack of accountability for security forces across West Papua. The family’s statement that fifteen civilians have been shot dead in Yahukimo alone over the past four years without proper investigations or legal processes underscores the widespread pattern of impunity in the region. The situation reflects the ongoing tensions between Indonesian security forces and the indigenous Papuan communities, with frequent accusations of human rights violations going unaddressed. The call for justice in Tobias Silak’s case underscores the doubts among many Papuans regarding the Indonesian justice system that has repeatedly failed to hold security forces accountable for violence against civilians in West Papua.

Tobias Silak’s relatives demanding justice in Dekai, Yahukimo, 10 September 2024

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