1) Ruben Magay : KNPB is not a terrorist group

1)  Ruben Magay : KNPB  is  not  a  terrorist  group

2) Sriwijaya adds Jakarta-Papua flights

3) OTK in Action in Raja Ampat, Four People Killed

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http://tabloidjubi.com/?p=7485

1) Ruben Magay : KNPB is not a terrorist group

Jayapura (20/12) – Ruben Magay, Chairman of Committee A of the Papuan Legislative Council (DPRP), strongly insisted that it is not correct for certain parties to link the activities of the West Papua National Committee (KNPB) to terrorism.

“For quite some time now, some parties have referred to the KNPB as a terrorist organization but I wish to reiterate that KNPB is not a terrorist group. On the contrary they are an organization which promotes democracy in Papua and that is part of the controlling function and the ability to evaluate the performance of the government in the region,” said Ruben Magay on Thursday (20/12).

According to him, if so far, for some reason, weapons, ammunition and explosives have been found in Papua, the task of the intelligence is to uncover and find out the origin and the source of this material.
“We question the efforts put into this matter by the intelligence. Where did they obtain those guns? It is really the task of the police and the intelligence to answer that question. At the governmental and institutional levels we need to make sure that we clearly define the status of terrorist groups and prove with strong evidence how such groups plan and carry out their actions,” he said.

According to Chairman Ruben, enforcing anti-terrorism laws in Papua, as envisaged by the Indonesian National Police (Polri), is also unnecessary.
“I believe such measures should not be deemed as necessary. If it is said that there are terrorists in Papua, I think we should turn our attention to the level of performance of the security apparatus. It would be wrong to address one issue with another issue. There are terrorists that are known to be implicated in explosions. The question is now: to what extent is the police able to ascertain them and subsequently how many further threats can be identified. This is what is important,” he said.

He went on to say that it is not the people who talk about democracy that should be called terrorists; certainly not the people who were shot and whose actions were then put in such a scenario that later on it was stated that they were the terrorists.
“No, that should absolutely not be the case. For example, weapons and ammunition are being discovered in all kinds of places lately. My question is: where did these guns come from? It’s not as if we are talking about gold that can be panned by the local communities from underground. So it would not be appropriate to apply these so-called anti-terrorism laws to Papua. Let’s tackle this problem together in a responsible way and straighten out the issue of clarifying who the real owners are of these arms, ammunitions and explosives that were found in Papua. It is obvious that the material was brought in from outside, so a first step would be to take measures to heighten the safety and tighten security checks at ports and airports. That’s what is important,” said Ruben Magay. (Jubi/Arjuna/LT)

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http://www.thejakartapost.com/news/2012/12/19/sriwijaya-adds-jakarta-papua-flights.html

2) Sriwijaya adds Jakarta-Papua flights

Nurfika Osman, The Jakarta Post, Jakarta | Business | Wed, December 19 2012, 12:21 PM

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Privately owned Sriwijaya Air is expanding its flight services to Papua in a bid to tap into growing flight demand in eastern Indonesia, an executive said on Tuesday. 

Senior corporate communications manager Agus Soedjono said that starting Dec. 22, the airline would increase the frequency of its Jakarta–Jayapura, Jakarta–Biak and Jakarta–Manokwari routes.

The airline would provide three flights per day for the Jakarta–Jayapura route, which currently flies once a day.

For the Jakarta–Biak and Jakarta–Manokwari services, Sriwijaya would increase flight frequency to seven and 10 flights per week, respectively.

Today, the airline flies to Biak and Manokwari three and seven times a week, respectively.

“The Eastern Indonesia [aviation] market is growing and is promising because demand has increased since when we first launched our services to Papua in May [2012],” Agus said.

“With the additional flights we are providing, we are not just accommodating people traveling to and from Papua, but we are also helping the regional economy in Papua grow.”

He said that the delivery of 17 units of Boeing B737-800 Next Generation (NG) and B737-500 aircraft, which started in September this year, have enabled the firm to gradually increase flights on their existing routes.

In addition, the new aircraft were used to phase out the carrier’s aging B737-200s, he said.

“We have phased out all of our B737-200 aircraft. So, by the end of this year, we are going to operate 38 new aircraft,” he said.

Next year, Sriwijaya also plans to launch a subsidiary that will operate a full service airline, Nam Air, using Brazilian-made aircraft Embraer E190 jets.

The firm is currently processing Nam Air’s flight permit (SIUAU) at the Transportation Ministry’s air transportation directorate general.

Moreover, he said that Sriwijaya has committed to provide 11,100 extra seats during the upcoming Christmas and New Year holidays to anticipate a surging demand from travelers.

The extra seats on several routes include Jakarta–Denpasar, Jakarta–Singapore, Makassar–Tarakan and Semarang–Pontianak.

“ The [extra] seats are available for 20 days, from Dec. 17, 2012 to Jan. 5, 2013,” he said.

As the airline is providing additional seats for Makassar–Tarakan and Semarang–Pontianak routes, he said that the firm planned to open direct flights in the near future for both routes. Currently, the airline connects Makassar and Tarakan via Balikpapan, and Semarang and Pontianak via Jakarta.

He said that the company would be ready to add more seats if demand increased during the peak season.

Earlier, national flag carrier Garuda Indonesia and the country’s largest low-cost airline, Lion Air,
announced that they would also provide extra seats this month.

Garuda and Lion plan to provide 11,000 and 30,000 additional seats, respectively, from Dec. 22, 2012 to Jan. 10, 2013.

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A google translate of article in Jubi. Be-aware that google translate can be a bit erratic.

original bahasa below translation.

3) OTK in Action in Raja Ampat, Four People Killed

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Jayapura (23/12) - Strangers (OTK) returned to action in the Land of Papua. This time the victims were seven fishermen in the district of Raja Ampat, West Papua. Four people were reportedly killed and three others injured by unknown assailants shot.

Papua Police Head of Public Relations, Chief Sumerta I Gede Jaya said the incident occurred on Thursday (20/12) and then around 18:00 CEST. However, it recently received a report on Sunday (23/12) because of the shooting incident took place in a remote area. Location is approximately 4 to 5 hour drive from Raja Ampat.

"I received a report from the Chief of Police Raja Ampat where, on Thursday (20/12) and then around 18:00 CEST, there has been a shooting incident on the island of Board, Village Waigama, Northern District of Misool, Raja Ampat, West Papua. The victim is believed to be the artisan fishermen fish bombs. In addition to distance, the scene is also very remote, "said I Gede Sumerta Jaya, Sunday (23/12).

According to him, due to the shooting of four people reportedly killed and three others suffered gunshot wounds. "Four people are dead is La Tula (13), La Nuni (55), La Jake (30) and La Edi (20). While the three victims of gunshot wounds is La Amu (20), La Udin (30) and La Self (20), "he explained.

He added that until now the police are still investigating the shooter. "The perpetrator shooting is still under investigation. Currently, police and military are working together to uncover the culprit, "said I Gede Sumerta Jaya.

He Amu, when one of the victims said they were looking for fish around the island boards, all of a sudden there was another boat which opened fire on them with a rifle. Barrage of bullets targeting their boat. One of them on a small child. He Amu could not identify who issued the shot. But she said she saw four people in the boat who issued these shots.

Currently, the two fishermen who survived were undergoing treatment at the Intensive Care Unit Hospital Sorong. Both suffered gunshot wounds in the hands and feet. Their condition was still unstable, weak, and scared. (Jubi / Arjuna)

OTK Beraksi di Raja Ampat, Empat Orang Tewas

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Jayapura (23/12) — Orang Tak Dikenal (OTK) kembali beraksi di Tanah Papua. Kali ini korbannya adalah tujuh orang nelayan yang ada di wilayah Kabupaten Raja Ampat, Papua Barat. Empat orang dikabarkan tewas dan tiga lainnya terluka akibat ditembak OTK.

Kabid Humas Polda Papua, AKBP I Gede Sumerta Jaya mengatakan, peristiwa tersebut terjadi, Kamis (20/12) lalu sekitar pukul 18.00 WIT. Namun pihaknya baru menerima laporan tersebut, Minggu (23/12) karena peristiwa penembakan itu terjadi di wilayah terpencil. Lokasi berjarak kira-kira 4 hingga 5 jam perjalanan dari Raja Ampat.

“Saya menerima laporan dari Kapolres Raja Ampat dimana, Kamis (20/12) lalu sekitar pukul 18.00 WIT, telah terjadi peristiwa penembakan di Pulau Papan, Kampung Waigama, Distrik Misool Utara, Kabupaten Raja Ampat, Papua Barat. Korban adalah nelayan yang diduga sebagai tukang bom ikan. Selain jauh, lokasi kejadian juga sangat terpencil,” kata I Gede Sumerta Jaya, Minggu (23/12).

Menurutnya, akibat penembakan itu empat orang dikabarkan tewas dan tiga lainnya mengalami luka tembak. “Empat orang yang meninggal adalah La Tula (13), La Nuni (55), La Jaka (30) dan La Edi (20). Sementara tiga korban luka tembak adalah La Amu (20), La Udin (30)  dan La Diri (20),” jelasnya.

Ia menambahkan hingga saat ini polisi masih melakukan penyelidikan terhadap pelaku penembakan. “Pelaku penembakan hingga saat ini masih dalam penyelidikan. Saat ini Polri dan TNI sedang bekerja sama untuk mengungkap pelakunya,” tandas I Gede Sumerta Jaya.

La Amu, salah satu korban menyebutkan saat mereka sedang mencari ikan di sekitar pulau Papan,  tiba-tiba ada perahu lain yang menembaki mereka dengan senjata laras panjang. Rentetan peluru menyasar perahu mereka. Satu di antaranya mengenai seorang anak kecil. La Amu tidak bisa mengidentifikasi siapa yang mengeluarkan tembakan. Namun ia mengaku melihat 4 orang dalam perahu yang mengeluarkan tembakan tersebut.

Saat ini, dua nelayan yang selamat sedang menjalani perawatan di Unit Gawat Darurat RSUD Kota Sorong. Keduanya mengalami luka tembak di tangan dan kaki. Kondisi mereka pun masih labil, lemas, dan takut. (Jubi/Arjuna) 

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Take Care of Our Rivers and Give Us Back our Land

https://awasmifee.potager.org/?p=302

Take Care of Our Rivers and Give Us Back our Land

By ADMIN | Published: DECEMBER 22, 2012

Sawit Watch / SKP KAMe Press Release

West Papua’s natural resources are being exploited by extractive industries, especially around Merauke. When it was launched in August 2010, the MIFEE mega-project was described as an initiative to meet the world’s food needs, a response to the world food crisis. As well as this, there are the current global concerns that the diminishing reserves of fossil fuel globally are bringing about a energy crisis.

With an area of over 1.2 million hectare earmarked for the project, the Merauke Regency Government hoped to turn Merauke into a centre of urban agriculture, agribusiness and agrotourism. Many companies welcomed the government’s offer and saw it as a great opportunity to expand their operations in eastern Indonesia. Merauke Regency’s Investment Planning Board (Badan Perencanaan Investasi Daerah or BAPINDA) has recorded that 46 companes have obtained permits, and some of which have already commenced operations. (data from Bapinda, September 2012).

The extent of concessions for large-scale oil-palm plantations in Indonesia currently exceeds 11.5 million hectares (Sawit Watch, 2011), stretching over all of Indonesia’s island groups both large and small, from Sabang at the westernmost tip of Aceh, to Merauke in South-East Papua. The first palm-oil plantation in Merauke was started in 1997 by Pt Tunas Sawa Erma, a subsidiary of the Korindo Group. There are currently six oil palm plantation companies which have begun operations on Malind Anim land in Merauke: PT Dongin Prabhawa (Korindo Group), PT Bio Inti Agrindo (Korindo Group) [awasMIFEE note: PT Bio Inti Agrindo was actually bought by Daewoo International in 2011, and still belongs to that company as far as we know], PT Central Cipta Murdaya (CCM), PT Agriprima Cipta Persada, PT Hardaya Sawit Papua and PT Berkat Citra Abadi (Korindo Group). Hundreds of thousands of hectares of indigenous people’s land will be appropriated, the forest destroyed and replaced with large-scale oil palm plantations.

Oil-palm plantations along the shores of the Bian and Maro Rivers have already brought serious problems for the indigenous people and clans that live in the area and own the land. Oil-palm companies have been clearing land by burning, which has polluted water in the rivers and swamps, damaged and wiped out cultural sites and caused irreplaceable damage to the natural environment. This is aggravated by a lack of information about companies’ status and plans, wrongful identification of which clans own or have rights over which land, insufficient payment of compensation and deception and manipulation of data. As a result the clans and tribes living along the Maro and Bian rivers have been dispossessed of their customary lands.

On the 31st July2011, 13 civil society organisations signed and delivered a letter to the UN Committee on the Elimination of Racial Discriminaton (CERD), accusing the MIFEE Mega-Project of bringing about the destruction of indigenous societies in Papua and in Merauke in particular. A response to this letter was received from Anwar Kemal, Chairperson of the Committee on the Elimnation of Racial Discrimination, on the 2nd September 2011. It requested that the Indonesian Government, which became a party to the International Convention on the Elimination of All Forms of Racial Discrimination 1965 when it ratified Law number 29 of 1999, to give a swift response and clarification before 31st January 2012. Until now, the government has still not given its response. The government is showing neglect and disregard and it’s not for the first time – previously in 2007 they had planned to fell the forest along the whole Indonesia-Malaysia border for oil palm plantations.

Seeing the conditions that indigenous communities in the villages along the Bian and Maro rivers are currently facing, with their land already allocated to large scale oil palm plantation concessions, we strongly advocate the following:

1. Companies must be responsible and make restorations, as well as giving compensation to people living along the Bian River as far as Kaptel and the Maro River for the environmental damage and pollution caused by oil palm plantation operations.

2. The government must carry out a review and evaluation of the permits which have been given to oil palm plantations on indigenous land belonging to the clans and tribes which live in Merauke Regency, revoke and cancel location permits and withdraw all commercial cultivation rights from customary lands in Merauke Regency.

3. The government must stop issuing new permits in Merauke Regency before all current problems are resolved, as well as repairing the damage that has already been done to the various communities.

4. As a party which has ratified the International Convention on the Elimination of All Forms of Racial Discrimination 1965 through Law number 29 of 1999, the government must immediately respond to the Chairperson of the Committee on the Elimination of Racial Discrimination Anwar Kemal’s letter dated 2nd September 2011 (which was a response to the concerns raised to the UN CERD on 31st July 2011).

Contact Person:

Nelis Tuwong SKP KAMe 085254103831

Carlo Nainggolan Sawit Watch 081385991983

Source: Sawit Watch http://sawitwatch.or.id/2012/12/1047/

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« The Impact of MIFEE presence at Bian River and Maro River, West Papua

1) Papua badly needs health care facility

1) Papua badly needs health care facility

2) Police spin on Papua under fire

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http://www.antaranews.com/en/news/86331/papua-badly-needs-health-care-facility

1) Papua badly needs health care facility

Sat, December 22 2012 10:55 | 72 Views

Timika, Papua (ANTARA News) - Coordinating Minister for the People`s Welfare Agung Laksono expressed concern with the condition of health care infrastructure in Papua and Papua Barat. 

Health care facilities are far from adequate and need immediate improvement, said Agung, who is on an eight-day visit to the region at the head of a delegation of high ranking officials from Jakarta. 

Agung said he had visited hospitals, and other health care facilities in Sorong, Nabire, Jayapura and Merauke. 

He said some of the facilities date back to the Dutch colonial time and need renovation. 

"The condition of health care facilities in Papua need serious addressing," he said here on Saturday. 

He noted all hospitals in Papua are below standard, saying some hospitals do not even have X Ray machine. 

He said some sets of health equipment sent from Jakarta were left idle either because qualified operators and building not available, or power supply not sufficient. 

He said Papua and Papua Barat need immediate improvement of health care facilities especially as the two regions are not yet free from common diseases.

Death rate is still high because of malaria, tuberculosis, and even HIV/AIDs, he added. 

Yesterday, the Papua health office warns against the rapid spread of HIV/AIDs in the region.

Head of the provincial health office drg Josef Rinta said HIV/ADIs cases are alarmingly high in Papua and Papua Barat with more than 13,000 people infected by the deadly disease.

Agung said health service facilities in Papua and Papua Barat need to be improved before the government implement its program of National Social Security System all over the country in 2014. 
(H-ASG/B003) 

Editor: Jafar M Sidik

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http://www.thejakartapost.com/news/2012/12/22/police-spin-papua-under-fire.html

2) Police spin on Papua under fire

Margareth S. Aritonang, The Jakarta Post, Jakarta | Headlines | Sat, December 22 2012, 10:22 AM

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Concerns over an escalation of human rights abuses are growing as the National Police decided to use the antiterrorism law to deal with armed groups in the resource-rich province of Papua.

On Wednesday, National Police Criminal Investigation Division (Bareskrim) chief Comr. Gen. Sutarman said the police would use Antiterrorism Law No.15/2003 to deal with individuals or groups terrorizing people in Papua, including those attacking police stations.

“Armed individuals and groups have brought anxiety and terror into society. We won’t hesitate to use the law on those who kill innocent civilians,” Sutarman said in response to journalists’ queries on rising violence in the province.

The decision to use the law has nothing to do with the burgeoning separatist movement, according to Sutarman.

The decision by the National Police promptly raised criticism from human rights defenders, saying the police only seek justification for their abuse of suspects.

Speaking to The Jakarta Post on Friday, Catholic priest John Jonga said use of the Antiterrorism Law in Papua would send misleading messages to both Papuans and others with interest in the province. Security personnel would take it as license to use violence against Papuans in the name of counterterrorism.

“We, Papuans, are not terrorists. I regret the decision to even think of using that law to respond to local violence. Even without that law, the police already treat Papuans as terrorists. Can you imagine what they would do with more justification?” John said.

Mako Tabuni, deputy chairman of the National Committee for West Papua (KNPB), was killed in an ambush by the police in June this year. There are numerous examples of police abuse of Papuans accused of creating “discomfort” in the region.

John, who received the human rights Yap Thiam Hien award in 2009, emphasized that Papuans were struggling even for their most basic rights.

Separately, Poengky Indarti of human rights watchdog Imparsial suggested that the plan for the Antiterrorism Law in Papua, could only heighten the already tense atmosphere in the province.

“The law doesn’t provide a clear definition of terrorism. The police could interpret it subjectively and use it for their own interests,” Poengky said.

“The police must crack down on arms smuggling into Papua instead of imposing this law. Locals suspect security officers of supplying arms for business or power interests,” she added.

Responding to the criticism, Papua Police chief Insp. Gen. Tito Karnavian insisted that the law would strengthen police powers to deal with actions that spread insecurity among the people of Papua.

“There are cases of violence that meet the elements of terrorism as stipulated in the law. We need to use it carefully here, because of the highly politicized atmosphere. No matter what, I want to ensure that we have no cases of criminals hiding behind the [Papuan] freedom movement,” Tito told the Post.

He cited a criminal case that occurred two months ago. An armed group kidnapped and raped seven girls from Kebo District in Paniai Regency, and demanded a ransom of Rp 50 million (US$5200) from their parents.

“These criminals introduced themselves as freedom fighters in order to wheedle support from rights activists. Should we let such criminals go free after causing such a horrible situation in the region? This is a fact that many people have failed to recognized,” he said.

Tito is aware of the urgency of upholding human rights values while promoting security in Papua, particularly in dealing with groups struggling for independence.

“However, not all of these groups are purely promoting independence. These are the kind of groups that we need to anticipate,” he emphasized.

The Impact of MIFEE presence at Bian River and Maro River, West Papua

http://tabloidjubi.com/?p=7575

Penulis : Admin Jubi | Friday, December 21st, 2012 | 20:29:43

• Editor : Victor Mambor

 The Impact of MIFEE presence at Bian River and Maro River, West Papua

Press Release from Indigenous Peoples Organization of Bian Enim

Jayapura, (21/12)—“The Lord Allah has given new land to create human-being, they  (human-beings) are given legs and hands to cultivate the land. We do not refuse any development and companies on our land, but we  want to get fully involved in it (development)”

The presence of company and investment development on our customary land has caused several impacts, which we face direct and indirectly. One of the impact that clearly occurs is water contamination which is followed with phenomenon of dead fishes,  turtles and other water animals, which people believes that these are affected by company’s waste where is located on the edge of Bian River. Moreover, the water from river and swamp that we have been using and consuming for our daily needs, e.g drinking, cooking, bathing, and others, can no longer be used by us anymore. The kids who baths in the river and swamp has got health problems on the skin, digest problems, coughs and other health problems. In compensation, we have to walk miles and miles to get fresh and clean water.

The company’s activities, which we see by ourselves, has demolished our customary land that we have been protecting, nurturing, and taking care of. The deforestation of our customary forest has also deprived any of traditional medicines that we have been using for all this time. It is harder for us to look for Sago, hunted animals, traditional clothes materials, and customary equipment which are only available in the forest. For us, customary forest that is destroyed equals to damaged and the loss of our culture.

The company came to the village without any detail, clear, and proved information given. The company does not involve indigenous peoples and land owners since the first time of investment plan on our land. As well as things related to policy and permits was not informed openly, clearly, and detail to us, including the potential impact of the land permits that might occurs on our land.

In the process of socialization, consultation, verification of clan owners, and negotiation which was conducted by companies, they never get the clan owners fully involved. The companies only engaged the head of clan, the community leaders, including local government to get involved on the land that is grabbed and destroyed. The involvement mentioned is related to involvement in EIA Preparation Process, consultation, and EIA assessment. The indigenous community’s organization which represents the indigenous peoples was not even involved in this process. Meanhile, on the side of community, the land owners whose land is not grabbed and destroyed were not engaged to get involved. This matter resulted to today’s situation where our demands and aspirations are not expressed well.

We feel that government who shall has duty and obligation to protect, respect, and bring forward our rights as indigenous community, has clearly become the company’s men as they are on the company’s side, and not on the side of the indigenous community and the land owners.

When the companies came to our land, they and the government mentioned that the land was only borrowed or contracted for 35 years and afterward the land will be returned to the customary land owners, and we believe that we will get our land back. Nowadays, we got information that one of the palm oil companies, PT Bio Inti Agroindo (BIA) who conducting operation on ou land and customary area has got their Land Use Rights / HGU. We realize that the end of land use rights would refer to the land be returned to the state, after 35 years been used by the companies. For us, this situation means that the companies has failed to protect our indigenous rights as the real land owners. This also means that the company has intentionally committed fraud, negligence and removal of our indigenous rights without our approval on the concession. For that matter, we urge that if the company wish to continue using our customary land, thus the company is obliged to seek for our approval as land owners and we also have make sure that the land will be returned to us, the clan owners, after the usage.

Demands and Aspiration
Based on the circumstances and the facts above, we are very aware that many losses that we have experienced will be sustained and the impact on the loss of life, dignity and our rights as indigenous peoples as well as our constitutional rights. Therefore we demand and urged the government to take actions to:
1. Revoke and cancel location permits off of our customary land
2. The Land use rights must be removed from the land and customary land and  clan’s land, and also to ensure the lands will be returned to our customary land owners
3. The Company shall be responsible to, and conduct recovery as well as to give compensation to the communities who lived along the coast of Bian River up to Kaptel
4. The government should take action and control of disruption and environmental pollution caused by gold mining company’s activities in the border between Indonesia and PNG, which has threatened communities in Maro River – Bian River
5. The government shall conduct an investigation, field observations and research on the situation in the Coastal Mandob-Bian-Mill and should involve communities and civil society organizations.

Merauke, 18 Desember 2012
Sincerely Yours,

No. Name, Village, Position
1.    David Kabaljai, Baidub, Clan Member
2.    Bertila Mahuze, Boha, Clan Member
3.    Willem Mahuze, Boha, Head of Village
4.    Markus Dambujai, Bupul, Clan Member
5.    Petrus Mekiuw, Bupul, Clan Member
6.    Bibiana Kodaip, Erambu, Clan Member
7.    Elvas Kabujai, Erambu, Clan Member
8.    Polikarpa Basik-Basik, Kindiki, Clan Member
9.    Sebastianus Ndiken, Kindiki, Leader of BianEnim Indigenous Peoples Organization
10.    Simon Mahuze, Kindiki, Village Officer
11.    Chriz Ungkujai, Kweel, Clan Mekiuw Leader
12.    Klemes Mahuze, Muting, Clan Member
13.    Maurits A. Mahuze, Muting, Clan Member
14.    Paustinus Ndiken, Muting, Secretary of Indigenous Peoples Organization
15.    Silvester Ndiken, Muting, Clan Leader
16.    Yanuarius Wotos, Muting, Clan Member
17.    Melkias Basik-Basik, Pachas, Clan Member
18.    Simson A. Basik – Basik, Pachas, Clan Member
19.    Susana Mahuze, Pachas, Clan Member
20.    David Dagijai, Poo, Leader of Yeinan  Organization
21.    Siprianus Kodaip, Poo, Clan Member
22.    Abner Mugujai, Tanas, Leader of Tanas Organization
23.    Carolina Mandowen, Tanas, Clan Member

INDONESIA: Another pro-independence activist killed in custody -- police fabricate a story to justify the killing

From
ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

http://www.humanrights.asia/news/urgent-appeals/AHRC-UAC-203-2012

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME
Urgent Appeal Case: AHRC-UAC-203-2012

21 December 2012
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INDONESIA: Another pro-independence activist killed in custody -- police fabricate a story to justify the killing
ISSUES: Extrajudicial killings; impunity; police violence; right to life
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Dear friends,

The Asian Human Rights Commission (AHRC) wishes to inform you that the Indonesian National Police has killed and injured pro-independence activists in a shooting in Papua. Witnesses reported the activists were instantly shot by the police despite the fact that they did not pose a threat. The police admitted shooting the victims but justified it as necessary. They claimed they were suspects in previous bombing of Jayawijaya District Legislative Office and the attack on the Pirime sub-district police station.

CASE NARRATIVE:
The AHRC has received information from a local activist that Simeon Daby, Chairman of West Papua National Committee’s (Komite Nasional Papua Barat, KNPB) branch in Wamena, Meki Kogoya and Wene Helakombo were arrested by the police on 15 December 2012. Simeon, Meki and Wene are members of the KNPB listed as suspects in the bombing of the Jayawijaya District Legislative Office and the attack on the Pirime sub-district police station.

The police threatened the three activists at gun point and forced them to give information on the whereabouts of the other suspects. Meki had to call Hubertus Mabel, another suspect also attached to the KNPB, asking him to have a meeting.
The next day, 16 December 2012 at 11.30am, the police came to Milima in Kurulu District where Meki and Hubertus agreed to meet. Hubertus, who was accompanied by Natalis Alua, approached a car in which he thought Meki was travelling only to find that it was full of police officers allegedly from the counter-terrorism unit, the 88 Detachment (Densus 88).

As Hubertus opened the door, the police officers wearing civilian clothes pointed their guns at him. Hubertus and Natalis were told to lie on the ground and the police started shooting them in their legs. What happened afterwards is still not known but Hubertus and Natalis were later found at the Jayawijaya Public Hospital. Hubertus had died from bullet wounds to his body and a deep stab wound on his chest. Natalis had severe injuries in his legs.
Adj. Sr. Comr, I Gede Sumerta Jaya, spokesman of the Papua Regional Police, told the press that after talking on the phone with a suspect arrested by the police for possession of ammunition, ‘MJ’, Hubertus came to meet with him with four other people carrying machetes.

As reported by the Jakarta Globe, the spokesman of the police said: ‘He angrily tried to attack and rob the firearm carried by the personnel so that a scuffle developed and the firearm almost got taken. One of the special team members then shot him in the foot in order to immobilize him’. The police failed to mention anything about the wound found on Hubertus’s chest but only claimed that Hubertus' death was due to the fact that he ‘Lost a lot of blood’.

ADDITIONAL INFORMATION:

Under international human rights law, the lethal use of force by law enforcement officials may be justified provided the tests of ‘necessity’ and ‘proportionality’ are fulfilled. The test of necessity requires law enforcement officials to only exercise lethal measures for the purpose of protecting life, whereas the test of proportionality deals with the question of how much force might be permissible to reach such purpose. To ensure law enforcement officials who abuse the use of lethal measures do not enjoy impunity, an effective review procedure examining whether the aforementioned tests are met shall be established. It is not for the authority of the police to determine whether a use of lethal measure was proportionate and necessary, but independent administrative or prosecutorial authorities.

Such effective and independent review mechanism does not exist in Indonesia as of today, despite the fact that police officers often use lethal measures against individuals who do not pose any imminent threat to anybody’s life. Previously in June this year, the Secretary General of KNPB Mako Tabuni was shot to death by police officers. Shortly after the shooting, the Chief of the Indonesian National Police claimed that Mako was trying to grab the officer's weapon as they were arresting him.

 Although many witnesses testified that Mako did not pose any harm but was just going to get his breakfast when the police shot him, there was no independent mechanism available for Mako’s family or anybody else to challenge the Chief’s statement. The only legal mechanism can be pursued in the shooting cases of Mako Tabuni, Hubertus Mabel or other similar cases is to lodge a complaint with the police. This virtually denies the complainants of the possibility of having of having the case investigated impartially.

As a result, not only those who are responsible for the disproportionate and unnecessary shootings remain unpunished but also the systematic arbitrary use of lethal measures by law enforcement officials. Law enforcement officials in Indonesia can easily get rid of anybody as they wish -- all they need to do is coming up with a false story to make it appears justifiable for them to shoot one to death.

SUGGESTED ACTION:

Please write to the listed authorities below, urging them to conduct an effective and independent investigation on the death of Hubertus Mabel and the shooting of Natalis Alua. Please also highlight that in this case the police had used threats in order to obtain information from Meki Kogoya, Simeon Daby and Wene Helakombo.
The AHRC is writing a separate letter to the UN Special Rapporteur on extrajudicial, summary or arbitrary executions, asking for his intervention in this matter.
To support this appeal please click here: 

SAMPLE LETTER:

Dear ___________,
INDONESIA: Another pro-independence activist killed in custody -- police fabricate a story to justify the killing

Names of shot victims: Hubertus Mabel, Natalis Alua
Name of threatened victims: Simeon Daby, Meki Kogoya, Wene Helakombo
Alleged perpetrators: Police officers of Papua Regional Police Station, allegedly from the counter-terrorism unit, the 88 Detachment (Densus 88)
Date of incident: 15-16 December 2012
Place of incident: Milima, Kurulu District, Papua

I am writing to voice my deep concern regarding the shooting by the Indonesian National Police of two pro-independence activists, Hubertus Mabel and Natalis Alua, in Milima, Kurulu District, Papua. I have been informed that the shooting had killed Hubertus and injured Natalis.

The report I received reveals that the police arrested three members of West Papua National Committee (Komite Nasional Papua Barat, KNPB) named Simeon Daby, Meki Kogoya and Wene Helakombo on 15 December 2012. Hubertus and Natalis were listed by the police as suspects allegedly involved in the bombing of Jayawijaya District Legislative Office and the attack of a police station in Pirime sub-district. They were forced to provide more information on the whereabouts of Hubertus Mabel, another suspect. As they were threatened and the police were pointing guns at them, Meki Kogoya later made a phone call to Hubertus who agreed to meet him at Milima in Kurulu District.

Accompanied by another KNPB member named Natalis Alua, Hubertus came to the agreed meeting point at around 11.30am on the next day, 16 December 2012. He opened the door of a car he thought to be Meki’s and was welcomed by armed police officers --allegedly from the counter-terrorism unit, Densus 88- wearing civilian clothes. The police asked him and Natalis to lie down on the ground and started shooting at their legs once they confirmed that one of them was Hubertus whom they had been looking for. It remains unclear on what had happened afterwards, but Hubertus was later found dead at Jayawijaya Public Hospital whereas Natalis was injured due to the shootings on his legs. A deep stab wound was found on Hubertus’s chest in addition to bullet wounds on his body.

The police admitted that they had shot Hubertus but claimed the shooting was necessary as Hubertus was involved in the bombing and attack that had taken place previously. Completely different to witnesses’ testimonies stating that Hubertus did not pose any harm and was shot as the police met him, the spokesperson of Papua Regional Police, Adj. Sr. Comr, I Gede Sumerta Jaya stated a false story to justify the killing of the victim by claiming that Hubertus came to them with other four people who were all carrying machetes.
I am disturbed not only by the fact that this shooting resulted in the death of Hubertus and wounding of Natalis but also there is no legal mechanism where the victims could pursue to obtain remedy. In addition to that, I am concerned with the fact that the information regarding the whereabouts of Hubertus Mabel was obtained by the police officers with using threats against Meki Kogoya, Simeon Daby and Wene Helakombo.

I urged you to establish an independent and effective review mechanism in line with the human rights principles to ensure that the use of lethal force by law enforcement officials is investigated. It is necessary to ensure that the tests of necessity and proportionality have been met. The establishment of such mechanism is not merely for the sake of compliance with international human rights law but, much more than that, to ensure those who use excessive and abusive act are held to account.

I look forward for your positive and adequate action in this matter.
Yours sincerely,
----------------
PLEASE SEND YOUR LETTERS TO:
1. Mr. Susilo Bambang Yudhoyono
President of Republic of Indonesia
Jl. Veteran No. 16
Jakarta Pusat
INDONESIA
Tel: +62 21 345 8595
Fax: +62 21 3483 4759
E-mail: presiden@ri.go.id
2. Ms. Harkristuti Harkrisnowo
General Director of Human Rights
Ministry of Law and Human Rights
Jl. HR Rasuna Said Kav. 6-7
Kuningan, Jakarta 12940
INDONESIA
Tel: +62 21 525 3006, 525 3889
Fax: +62 21 525 3095
3. Gen. Timur Pradopo
Chief of the Indonesian National Police
Jl. Trunojoyo No. 3
Kebayoran Baru, Jakarta Selatan 12110
INDONESIA
Tel: +62 21 384 8537, 726 0306
Fax: +62 21 7220 669
E-mail: info@polri.go.id
4. Irjen Tito Karnavian
Chief of Papua Regional Police
Jl. Dr. Samratulangi No. 8
Jayapura
INDONESIA
Tel: +62 967 531 014, 533 396
Fax: +62 967 533 763
5. Drs. Herman Effendi
Head of Professionalism and Security Affairs, Indonesian National Police
Jl. Trunojoyo No. 3
Kebayoran Baru, Jakarta Selatan 12110
INDONESIA
Tel: +62 21 384 8537, 726 0306
Fax: +62 21 7220 669
E-mail: info@propam.polri.go.id
6. Mr. Otto Nur Abdullah
Chairperson of the National Human Rights Commission
Jl. Latuharhary No. 4-B
Jakarta 10310
INDONESIA
Tel: +62 21 392 5227
Fax: +62 21 392 5227
E-mail: info@komnasham.go.id

Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)

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