Briefing on Current
Human Rights Situation in Indonesia
Amnesty International, 31 January 2001
1) Introduction: the human rights
situation deteriorates as the reform process stalls
The human rights situation in Aceh continued
to worsen during late 2000 and early 2001. A similar deterioration was
experienced in Papua (formerly Irian Jaya), where the authorities have
also taken an increasingly hardline approach against both peaceful and
armed pro-independence activists. The situation in Maluku also continues
to be of serious concern where, despite the implementation of a state of
civil emergency in June 2000, the security forces have failed to contain
communal conflict or to prevent armed militia groups from carrying out
serious crimes, including widespread killing and forced displacement of
civilians.
While the nature of the situation in Maluku, where the conflict is
manifested in inter-religious fighting, is in many ways very different
from the situation in either Aceh or Papua, many of the causes can be
traced to similar roots. These include:
- the absence of legal protection and
credible institutional structures, including a competent and
independent judiciary, through which tensions can be mediated and by
which perpetrators of human rights violations can be held to account;
- the lack of an effective, well trained
civilian police force to enforce law and order;
- the continued reliance on the military or
paramilitary-style police units, particularly in areas of conflict or
where there is opposition to Indonesian rule;
- the failure of members of the security
forces (both police and military) to observe basic human rights
standards, including the right to life and liberty and the right not to
be subjected to torture;
- the continued unwillingness of the
authorities to hold those responsible for human rights violations to
account.
The process of legal and judicial reform in
Indonesia, which began in May 1998 after 32 years of authoritarian rule
under President Suharto, has all but stalled in the face of mounting
political crisis. Amnesty International is seriously concerned that
unless the reform process is greatly accelerated to bring about the
urgently needed strengthening of institutions which should protect human
rights and punish perpetrators, the human rights situation in Aceh and
elsewhere in Indonesia could deteriorate further.
2) Key concerns
a) Extrajudicial executions and torture
A rise in the number of extrajudicial
executions was recorded in both Aceh and Papua towards the end of the
year 2000. This appeared to be linked to an increasing intolerance by
the security forces and some civilian politicians towards demands for
independence.
In Aceh, a local non-governmental
organization (NGO) reported that 35 people had been extrajudicially
executed by members of the security forces in December 2000. The
organization was unable to establish who was responsible for another 53
killings which took place in the province during the same month,
although it is likely that the security forces were responsible for some
of them.
In November 2000 a province-wide operation
by the security forces to prevent Acehnese people from attending a
pro-independence rally in the provincial capital of Banda Aceh resulted
in the unlawful killing of up to 30 people. The majority of the
victims were killed when members of the security forces opened fire on
the convoys in which they were traveling after they had been stopped at
roadblocks. Many others who were blocked from traveling to Banda
Aceh were subjected to torture or cruel, inhuman or degrading treatment
by the security forces. At least five people involved in organizing the
peaceful rally were detained and one is now facing trial in relation to
his pro-independence activities (see attached cases).
Both the police and military have called for
additional powers to deal with the armed opposition group, the Free Aceh
Movement (Gerakan Aceh Merdeka - GAM), and have repeatedly threatened
full-scale military operations against separatists in the province. In
the meantime, the civilian government has continued with initiatives
intended to resolve the conflict peacefully, but these have been
undermined by the actions of the security forces in the province,
including the committing of serious violations of human rights.
A moratorium on violence by both the
security forces and GAM, which officially began on 15 January 2001, has
failed to curb the violence. Amnesty International continues to receive
reports of human rights violations, including during security force
"sweeping operations" to disarm GAM and as reprisals for GAM
attacks on members of the security forces. Many of the victims of such
operations are believed to be civilians.
In Papua, efforts by President Wahid to
pursue a more conciliatory approach have also been undermined by the
repressive approach taken by the security forces to demands for
independence. At least 13 people were extrajudicially executed or died
as a result of torture in the month of December 2000.
The level of tension in Papua increased
around the 1 December anniversary of a declaration of independence made
in 1961. A series of contradictory statements and policy changes by the
government regarding the flying of the Morning Star flag - a symbol of
Papuan independence - contributed to the increased tension. The
enforcement of a ban on flying the flag from 2 December 2000 led to a
number of clashes which resulted in at least nine extrajudicial
executions in December 2000 (see attached cases).
Note: An agreement between the government
and GAM, known as the Joint Agreement on a Humanitarian Pause,
which was aimed at reducing the violence to allow for humanitarian aid
to be distributed, expired on 15 January 2001. Both the Indonesian
security forces and GAM had repeatedly breached the terms of the
agreement and the level of human rights abuses escalated during the
seven months that it was in place. It has not been extended but the
dialogue between the government and GAM continued and a moratorium
on violence began on 15 January 2000. During the moratorium both sides
agreed to review the security arrangements of the "Humanitarian
Pause". [end note]
Serious cases of torture continued to come
to Amnesty International's attention in both Aceh and Papua. In Papua,
an eyewitness described seeing police officers beating detainees with
clubs and split bamboo whips in police detention in the provincial
capital of Jayapura. Two of the detainees died as a result of torture.
The two were among a group of around 100 people who had been detained
after members of the police and the Police Mobile Brigade (Brimob)
raided student hostels on 7 December 2000, apparently in reprisal for
the killing of two members of the police and a security guard the
previous day (see attached case).
b) Repressive legislation
Articles under the Criminal Code which were
widely used in the past to imprison prisoners of conscience came back
into use at the end of the year 2000 and were applied against activists
in both Aceh and Papua. Known as the " Hate-sowing Articles" (Haatzaai
Artikelen), Articles 154,155 and 160 of the Criminal Code (KUHP) forbid the spreading of hostility, hatred or contempt towards the
government or "inciting" others to disobey the government.
They carry prison sentences of between four-and-a-half and seven years'
imprisonment.
Among those who have been recently been
detained under this legislation is Muhammad Nazar, the chair of
the Information Centre for a Referendum in Aceh (Sentral Informasi
Referendum Aceh, SIRA). Muhammad Nazar was arrested on 20 November 2000,
soon after the pro-referendum rally in Banda Aceh which he was involved
in organizing. He is accused of pro-independence activities, including
the raising of a UN flag in place of the Indonesian flag in August 2000,
and has been charged under the Hate-sowing Articles. He is considered to
be a prisoner of conscience (see attached case).
In Papua, five political leaders from Wamena
have been accused of charges under a range of articles including 106
(relating to treason) 154, 155 and 160 of the Criminal Code. Rev
Obed Komba, Rev Yudas Meage, Yafet Yelemaken, Murjono Murib and Amelia
Yigibalom were arrested in December 2000 following violent clashes in
Wamena triggered by the killing of two pro-independence supporters by
the security forces on 6 October 2000. During the clashes, at least 11
people are believed to have been shot dead by the members of the
security forces. Another 19 people, all migrants from other parts of
Indonesia, were killed by locals in apparent retaliation for the actions
of the security forces. The five are accused of masterminding the
violence although there is no evidence that they were involved. They are
currently in detention awaiting trial. They are considered to be
prisoners of conscience.
Amnesty International has campaigned against
the Hate-sowing and associated articles for many years and has
repeatedly recommended that they be repealed. In the months following
the resignation of former President Suharto in May 1998 prisoners of
conscience and political prisoners, including those convicted under
these provisions, were released and the articles fell out of use
although they were not removed from the statute books.
c) Human rights defenders
Human rights defenders continue to be
specifically targeted. In Aceh, three staff members of a humanitarian
organization members of the Indonesian military. No one has yet been
arrested or brought to trial for the killing of the US-based Acehnese
human rights activist, Jafar Siddiq Hamzah, who went missing in Medan,
North Sumatra in August 2000 and whose badly tortured body was found the
following month. Although it is not known who is responsible for Jafar
Siddiq Hamzah's death, incidents such as this, combined with ongoing
threats and harassment by the security forces continue to prevent human
rights defenders from carrying out their work in the province.
In Papua, human rights defenders are also
experiencing increasing levels of harassment and intimidation. In
December members of two leading human rights groups were summoned
by the police for questioning in connection with statements they had
made about a police raid on student hostels on 7 December 2000.
The head of one human rights group which publicised the violations has
been accused of slandering the police, but has so far not been charged.
A newspaper journalist was also summoned by the police because he had
printed the statements.
On 26 January 2001, the Indonesian Foreign
Minister, Alwi Shihab, announced that foreign journalists would have to
obtain special permission before travelling to Aceh, Papua and Maluku.
He stated that the new restrictions were necessary for their own safety.
Amnesty International is concerned at this apparent move to restrict the
freedom of the press and prevent independent monitors from reporting on
ongoing human rights violations in these regions.
d) Accountability
Justice for victims of human rights
violations and their families in Indonesia remains a remote prospect
both because of weak institutional structures and because of political
obstacles. However, there was an encouraging development in early
January when the Indonesian National Commission on Human Rights (Komnas
HAM) agreed to establish Commissions to investigate two specific cases,
one in Aceh and one in Papua. The Aceh Commission will look into the
case of the 6 December 2000 killing of three humanitarian workers from
the organization Rehabilitation Action for Torture Victims in Aceh
(RATA), while the Papua Commission will focus on the arbitrary
detention, torture, extrajudicial execution and deaths in custody of
students resulting from a police raid on student hostels in Jayapura on
7 December 2000.
The latest Komnas HAM initiative should be
regarded as a positive step. However, past investigations in Aceh and
elsewhere have often failed to deliver justice to the victims of human
rights violations. The failure has contributed to the growth of
resentment against the Indonesian government and has helped fuel demands
for independence in Aceh and Papua. Considerable pressure, support and
technical assistance from the international community will therefore be
required in order to ensure that these latest investigations lead to
prosecutions of all suspected perpetrators, including those with command
responsibility, and trials which conform to international fair trial
standards.
The recent adoption of the legislation on
Human Rights Courts is also regarded by Amnesty International as a
positive step by the Indonesian government in its efforts to combat
impunity. However, a number of obstacles remain that are likely to
prevent the Courts from being effective. The legislation itself requires
further amendment to ensure that it complies with international
standards. In particular Amnesty International is concerned that certain
provisions in the legislation could impact on the independence of the
Courts. This includes the role of the executive branch of government in
appointing judges and prosecutors and in deciding whether or not a Human
Rights Court should be set up on cases of gross human rights violations
which occurred before the legislation became law. In addition, Amnesty
International is concerned that provision for a maximum penalty of death
for a number of crimes under the jurisdiction of the Human Rights Courts
was reintroduced into the final legislation after having been removed
from earlier drafts.
There also continues to be considerable
political resistance to bringing to justice perpetrators of human rights
violations, particularly more senior military and government officials.
The resistance is evident in the slow progress being made on
investigations and trials regarding the crimes against humanity
committed in East Timor in 1999. Komnas HAM also set up a
Commission to investigate these events and its findings were delivered
to the Attorney General in January 2000. Subsequent criminal
investigation into five cases were completed in mid-October 2000, but so
far no indictments have been issued and the Indonesian parliament has
not yet agreed to set up an ad hoc Human Rights Court which would be
needed try the cases.
e) Abuses by armed opposition groups
In Aceh, GAM is believed to be responsible
for widespread and serious human rights abuses. Although there is little
verified information on individual cases there continue to be reports
that they are responsible for hostage taking, arbitrary killings and
torture.
There have also been recent cases of human
rights abuses by the pro-independence, armed opposition group the Free
Papua Movement (Organisasi Papua Merdeka - OPM) in Papua. According to
newspaper reports, two men were killed when the timber company base camp
where they worked as lumberjacks was attacked by the OPM on 6 December
2000. A few days earlier, on 3 December 2000, OPM leaders were quoted in
the media threatening to target soldiers and non-Papuans in retaliation
for the increasingly hard line being taken by the security forces
against pro-independence activities.
3) Recent cases of serious human rights violations in Aceh
a) The torture and extrajudicial
execution of humanitarian workers in Lhokseumawe, North Aceh
Three members of an Aceh-based humanitarian
organization were tortured and shot dead in the Kadang area of
Lhokseumawe, North Aceh on 6 December 2000. A fourth person, Nazaruddin
Abdul Gani, managed to escape and has since fled the country because of
fears for his security. There are strong indications that members of the
military were among those directly involved in the killings and that
other members of the security forces were complicit in the violations.
An investigation has been initiated by the authorities and a number of
people, including members of the security forces and civilians have been
detained.
On 6 December 2000, three male volunteers,
Idris Yusuf (approximately 27), Bakhtiar (approximately 24) and
Nazurridin Abdul Gani (22) and one female nurse, Ernita binti
Wahib (approximately 23), with the organization, Rehabilitation Action
for Torture Victims in Aceh (RATA), were travelling in a vehicle
carrying the RATA logo when they were intercepted by three unmarked
vehicles carrying around 14 people at Mantang Baru village in Tanah
Pasir Sub-district, North Aceh. The men were all armed and were wearing
plain clothes. Nazurridin Abdul Gani has since testified that he
recognized four of the men as being military informers and that he
believed that the others were members of the military.
The RATA volunteers were questioned at
gunpoint and accused of reporting information about human rights
violations in Aceh and of belonging to the armed opposition group, the
Free Aceh Movement (Gerakan Aceh Merdeka - GAM). The four were beaten
with rifle butts and shots were fired near their feet.
According to Nazaruddin Abdul Gani, they
were then forced into the vehicles. A family, including a man, a woman
and several small children who witnessed the events were also ordered to
join them. They were driven for some distance, during which time they
passed three different military posts. At each one they stopped and
their captors talked with the military officers on duty. At one post,
Nazaruddin Abdul Gani said that he heard one of the captors asking the
military commander whether they "should finish them off here".
The commander was heard to reply "No, not here".
The convoy eventually stopped in Kandang, an
area on the outskirts of the town of Lhokseumawe. By then a man called
Rusli had been forced to join them after being detained, beaten, kicked,
shot at and hit on the head with a rock when the convoy had stopped in
the village of Cot Mat Tahe where a bomb reportedly exploded earlier in
the day. In Kandang, Nazaruddin Abdul Gani witnessed Idris Yusuf and
Ernita binti Wahab being shot in the head before he escaped. As he fled
he heard two more shots which he believes killed Bakhtiar and Rusli.
There has been no further information about the fate of the family.
The authorities have initiated an
investigation into the incident and a number of people, including
members of the police and the military, have been detained. Amnesty
International welcomes the efforts being made to investigate this case.
Successful prosecutions of all of those involved could contribute
greatly to the rebuilding of confidence in the judicial system and to
the credibility of the government's efforts to resolve the problems in
Aceh. It is therefore necessary that shortcomings experienced in
previous investigations and trials of human rights cases, including
failure to prosecute officers with command responsibility and
intimidation of victims and witnesses, are not repeated and that
every effort is made to ensure that the highest standards of
impartiality, independence and thoroughness are observed throughout the
process.
Amnesty International calls upon the
Indonesian government to:
- involvement in the torture and killings
are promptly brought to justice in trials which meet with international
standards for fair trial;
- suspend from duty members of the security
forces suspected of involvement in torturing and unlawfully executing
the RATA volunteers and Rusli;
- take immediate measures to protect victims
and witnesses to this incident and to provide guarantees of security to
humanitarian and human rights workers in Aceh so that they can carry out
their work without risk of being subjected to human rights violations.
b) Extrajudicial execution of
pro-independence supporters travelling to a rally in Banda Aceh
Over 20 people are believed to have been
unlawfully killed by the Indonesian security forces during
operations to prevent people from travelling to the provincial capital
of Banda Aceh for a mass rally in support of a referendum on
independence in November 2000. Others were subjected to torture
and cruel, inhuman or degrading treatment or otherwise threatened and
intimidated in order to prevent them from travelling to Banda Aceh. At
least five people involved in organizing the rally were detained and one
is still held, awaiting trial on charges of "spreading hatred"
against the government. No members of the security forces have been
arrested or brought to trial for their part in the unlawful killings.
The "Mass Rally for Peace" - known
by its acronym SIRA Rakan - was scheduled to take place on 11 November
2000. It had been organized by the Information Centre for a Referendum
on Aceh (Sentral Informasi Referendum Aceh - SIRA), an organization
advocating the holding of a referendum on independence for Aceh,
to commemorate an event which had taken place one year earlier when an
estimated one million people had gathered in Banda Aceh to demonstrate
in support of a referendum on Aceh's political future. The 1999 event
had taken place without major incident. According to the organizers, the
November 2000 rally was intended to be a peaceful event and participants
had been asked not to carry weapons or display the flag of the armed
opposition group, the Free Aceh Movement (Gerakan Aceh Merdeka, GAM), in
order not to provoke the Indonesian security forces.
However, the November 2000 event took place
in an atmosphere of greater intolerance by the security forces towards
displays of support for independence and an increasing level of activity
by GAM. In the days preceding the rally, both the police and military
were involved in operations to prevent participants from travelling to
Banda Aceh. There were reports from across the province of
convoys, often carrying hundreds of people, being stopped at checkpoints
and fired upon by members of the security forces. Amnesty International
has not been able to independently verify the number of people killed.
However, a prominent local non-governmental organization (NGO) has
confirmed that 30 people were extrajudicially executed. At the time the
police in Aceh admitted that 14 people had been killed, but claimed they
had been forced to shoot them in self-defence. Indonesia's National
Commission on Human Rights (Komnas HAM) has stated that at least 40
people died. Dozens of people are thought to have been injured.
In some cases, people were subjected to
torture or cruel, inhuman or degrading treatment. According to reports
from NGOs, in one incident on 8 November 2000 up to 150 men and women
were forced out of their vehicle by members of the Police Mobile Brigade
(Brimob) at Simpang Mamplan in Tanah Laus Sub-district in North
Aceh. They were forced to strip to their underwear and ordered to lie on
the road where they were kicked and beaten with rifle butts. A similar
incident was reported to have taken place on the same day in Gunung
Klein Sub-district, West Aceh when a convoy consisting of around 300
buses and trucks was stopped by a joint team from the military and the
police. Again the passengers were forced to strip and were said to have
been tortured. Some 165 of them were said to have been detained while
the others were dispersed and chased away.
The total number of people detained around
the SIRA Rakan event is not known, nor is accurate information on the
fate of most of the detainees available - in large part because
conditions in Aceh have prevented human rights monitors from carrying
out investigations. However, it is known that among those detained were
individuals involved in organizing the rally. Three members of the SIRA
Rakan organizing committee, Taufik Abda, Iqbal Selian and Bustami were
arrested when the NGO building in which they were meeting was raided by
members of Brimob and the local police on 10 November 2000. The three
were detained overnight before being released without charge. The
Chairman of SIRA, Muhammad Nazar, was accused publicly by a police
spokesperson of "inflaming separatist passions", and was
summoned for questioning. He has since been detained and is currently
awaiting trial [see separate case].
The reaction of the Indonesian government
was mixed. President Wahid publicly criticised the security forces for
their handling of the rally. However, the Coordinating Minister for
Politics, Social and Security Affairs, General Susilo Bambang Yudhoyono,
appeared to support the efforts of the security forces to prevent the
rally from taking place. He was quoted by the media as saying
"people are free to express their aspirations in a democratic
country, but such a huge mass mobilization is feared and it certainly
must be stopped".
The actions of the security forces received
international criticism. In a letter sent on 22 November 2000, three
experts from the United Nations Commission on Human Rights, called on
Indonesia to investigate allegations of extrajudicial executions,
torture and arbitrary detention of civilians in Aceh. Although two
members of Komnas HAM visited Aceh in December 2000 to investigate the
events, there has been no investigation by the Indonesian authorities
and no one has been arrested or brought to justice in connection with
this case.
Amnesty International urges the Indonesian
government to:
- immediately carry out impartial and
thorough investigations into the reports of human rights violations
which took place around the SIRA Rakan rally;
- ensure that members of the security forces or civilian officials
suspected of involvement in committing human rights violations, both
directly or by virtue of command responsibility, are brought to justice
in trials which meet with international standards of fairness;
- take immediate steps to ensure that basic
rights, including the right to life, the right to physical and mental
integrity and the right to freedom of expression are respected in Aceh.
c) Muhammad Nazar - Prisoner of
conscience
Muhammad Nazar, chair of the Information
Centre for a Referendum in Aceh (Sentral Informasi Referendum Aceh -
SIRA), was arrested on 20 November 2000 in connection with his role in
organizing pro-independence protests in Aceh. He has been charged with
spreading hostility and inciting violence against the government.
Amnesty International considers Muhammad Nazar to be a prisoner of
conscience and is calling for his immediate and unconditional release.
The arrest of Muhammad Nazar took place one
week after a mass pro-independence rally in the provincial capital of
Banda Aceh. The rally had been organized by SIRA to commemorate an event
in November 1999 when around one million people gathered in Banda Aceh
in support of independence. The second rally, known as the "Mass
Rally for Peace" - or by its acronym SIRA Rakan - took place on 12
November 2000 but only after at least 20 people, and possibly many more,
had been unlawfully killed by the security forces in operations to stop
convoys of vehicles from transporting people to the rally. Many people
were also subjected to torture or cruel, inhuman or degrading treatment
and arbitrary detention during the security forces' operations.
Muhammad Nazar is among a number of members
of SIRA Rakan's organizing committee who were detained around the time
of the rally. The others were quickly released but Muhammad Nazar has
been charged and is currently awaiting trial. The accusations against
him focus on his political activities, including flying a United
Nations instead of an Indonesian flag on the anniversary of Indonesia's
independence from the Netherlands in August 2000. However, the timing of
the arrest indicates that it was prompted by his role in organizing the
SIRA Rakan rally.
Muhammad Nazar has been charged under a
series of articles in the Criminal Code (KUHP), commonly referred to as
the "Hate-sowing Articles". These were widely used to imprison
and intimidate political opponents during the 32 years between 1966 and
1998 when President Suharto governed Indonesia. The precise charges
against him are: Article 154 which punishes the public expression of
feelings of hostility, hatred or contempt towards the government with up
to seven years' imprisonment; Article 155 under which the expression of
such feelings through public media is punishable by four-and-a-half
years' imprisonment; Article 160 which prescribes a maximum of six
years' imprisonment for "inciting" others to disobey a
government order or break the law; and Article 161 under which those who
disseminate or demonstrate such incitements can be punished with up to
four years' imprisonment. The trial is expected to take place in
February 2001. If found guilty, Muhammad Nazar will be the first
convicted prisoner of conscience in Indonesia since the fall of
President Suharto's government.
There are reports that Muhammad Nazar has
been tortured and ill-treated while in police custody. According to
information received from his lawyer, officers from the Police Mobile
Brigade (Brimob) have threatened to kill him, sometimes at gunpoint, and
have thrown stones and water at him. They have also pounded on the
furniture and walls in an effort to intimidate him.
Amnesty International urges the Indonesian
government to:
- immediately and unconditionally release
Muhammad Nazar;
- ensure that no one is arrested or
imprisoned for exercising their legitimate right to peacefully express
their views;
- investigate reports that Muhammad Nazar
has been subjected to torture and ill-treatment while in police custody;
- immediately repeal the "Hate-sowing
Articles" from the Criminal Code.
4) Recent cases of serious human rights
violations in Papua (Irian Jaya)
a) Extrajudicial executions, arbitrary
detentions and torture in Wamena
Two people were shot dead during a police operation to forcibly lower
Papuan flags flying in and around Wamena town in Papua's Baliem valley
on 6 October 2000. This triggered a violent clash in Wamena during which
at least 11 more people were shot dead by the security forces. Around
200 people were arrested in connection with the disturbances, many of
whom were tortured in police custody. All but 17 were later released.
Five political activists were also detained three months after the clash
and accused of masterminding the disturbances. There is no indication
that the five were involved, and Amnesty International considers them to
be prisoners of conscience.
Two people, Agustinus Murip (28) and Eliezer
Alua (32), were unlawfully killed on 6 October 2000 during a joint
operation by members of the Police Mobile Brigade (Brimob), the Army
Strategic Reserve Command (Kostrad) and other military units to forcibly
lower Morning Star flags - a symbol of Papuan independence - which were
flying in several locations in Wamena, Papua. Around 28 others were
wounded. Local people took to the streets in protest and during the
ensuing violence at least 11 people were reportedly shot dead by the
security forces. Around 19 others are believed to have been killed by
local people who targeted migrants from elsewhere in Indonesia for
attack.
Around 200 people were arrested in
connection with the disturbances, although most were later released. The
detainees included 25 children who later reported that they had been
beaten by the police. Another detainee said that he and several others
were ordered to strip to their underwear and were then kicked and beaten
with rifle butts and canes. They were also forced to drink urine and had
guns pointed into their mouths. According to some of those released,
another detainee, Yohannes Udin, a journalist from the island of Flores,
died in police custody as a result of being beaten and kicked by police
and Brimob officers. He had been detained after taking photographs of
the police operation to pull down the flag. A local human rights
organization confirmed that Yohannes Udin was pronounced dead on arrival
at Jayawijaya Hospital.
On 9 October 2000, the Indonesian National
Commission on Human Rights (Komnas HAM) issued a statement in which it
called on the government to "respond through fair legal process to
all the parties involved in the Wamena incident". It also urged the
authorities to "abandon repressive approaches and replace them with
democratic approaches which prioritise dialogue". However,
according to a report published in the BBC Summary of World Broadcasts
on 1 November 2000, Indonesia's Coordinating Minister for Political,
Social and Security Affairs, General Susilo Bambang Yudhoyono, stated on
a visit to Wamena on 30 October 2000 that the security forces' handling
of the unrest was "extremely well done, appropriate and relatively
speedy".
Seventeen people remain in detention in
connection with the violence. For around two weeks after first
being detained, they were denied access to their families, lawyers and
medical treatment. When a team of lawyers were able to visit them on 20
October 2000, several detainees told them that they had been beaten by
the security forces upon arrest causing a number of injuries, including
cuts to the face and damage to their hearing. The detainees also said
they had been interrogated without legal representation and kicked and
beaten by the police in detention.
Sixteen of the detainees are believed to be
members of the pro-independence militia group, the Papua Taskforce (Satgas Papua). They have been accused of rebellion under Article 214 of
the Criminal Code (KUHP) as well as the illegal use or possession of
firearms under Article 2(1) of Emergency Law No.12/1951. Their names
are: Yohakim Huby, Frans Huby, Heri Kosay, Hendrik Siep, Agus Sorabut,
Jakson Itlay, Edi Marian, Timatus Kogoya, Pilius Wenda, Les Wenda,
Atinus Wenda, Teri Wenda, Isak Wenda, Elius Wenda, Yoel Wenda and Jules
Wenda. The other detainee, Sudirman Pagawak, has been charged with
"inciting" others to disobey a government order or to break
the law under Article 160 of KUHP. He has also been charged with causing
deliberate damage to public facilities under Article 192 of KUHP.
Although the detainees now have access to lawyers, they continue to be
denied adequate medical treatment. While Amnesty International
recognizes the responsibility of the Indonesian government to bring to
justice those involved in the killings of migrants in Wamena, the
organization is concerned that serious irregularities during arrest and
detention mean that the suspects are unlikely to receive a fair trial.
Three months after the distubances took
place, five leading political activists in Wamena, Rev Obed Komba, Rev
Yudas Meage, Yafet Yelemaken, Murjono Murib and Amelia Yigibalom, were
also detained. They have been accused by the police of masterminding the
violence. All five are members of the Papuan Council, a
pro-independence body. Local NGOs say that none of the five were
involved in the violence and, indeed, some had tried to calm the
situation. The activists were arrested on 13 December 2000.
The precise charges against them are:
Article 106 which prescribes a maximum of life imprisonment for
attempting to commit separatism; Article 110 which punishes conspiracy
to commit separatism with a maximum of six years' imprisonment;
Article 154, which punishes the public expression of feelings of
hostility, hatred or contempt towards the government with up to seven
years' imprisonment;
Article 155, under which the expression of such feelings through public
media is punishable by four-and-a-half years' imprisonment;
Article 160 which prescribes a maximum of six years' imprisonment for
"inciting" others to disobey the government or break the law;
and
Article 169 which punishes with up to six
years' imprisonment participation in an association that intends to
commit crimes or misdemeanors, or that is prohibited by general
regulations.
Articles 154, 155 and 160 are commonly
referred to as the "Hate-sowing Articles". These were widely
used to imprison and intimidate political opponents during the 32 years
between 1966 and 1998 when President Suharto governed Indonesia. Amnesty
International is concerned that the five have been detained for their
peaceful political activities and considers them to be prisoners of
conscience.
Amnesty International urges the Indonesian
government to:
- carry out full, impartial and
independent investigations into reports of human rights violations that
took place in Wamena during and following the forced removal of Morning
Star flags on 6 October 2000;
- suspend from duty members of the security
forces suspected of committing human rights violations, including
extrajudicial executions and torture or ill-treatment, pending a full
investigation into their conduct. Those against whom there is a case,
both directly and by virtue of command responsibility, must be brought
to justice in trials which meet international standards for fair trial;
- release immediately and unconditionally
the five prisoners of conscience in Wamena: Rev Obed Komba, Rev
Yudas Meage, Yafet Yelemaken, Murjono Murib and Amelia Yigibalom;
- ensure that the other seventeen detainees
in Wamena are brought to trial through processes which meet with
international human rights standards.
- immediately repeal the "Hate-sowing
Articles" from the Criminal Code.
b) Extrajudicial executions of
pro-independence supporters in Merauke and Tiom
Six Papuans were shot dead by the security
forces following a flag-raising ceremony in the town of Merauke on 2
December 2000. In a separate incident, two others were reportedly killed
by the security forces after a Papuan flag was raised in Tiom on 17
December 2000.
On 2 December 2000, around 500 people raised
a Morning Star flag - a symbol of Papuan independence - in a sports
field in the town of Merauke, on the southeast coast of Papua, in spite
of a government ban prohibiting the flying of the flag after 1 December
2000. When they refused to take it down, the police pulled it down
forcibly. This triggered a violent clash between the police and the
protestors, during which the security forces reportedly fired into the
crowd. Seven people were killed in the clash, including six who died
from bullet wounds to the head, and one non-Papuan settler, who died
from an arrow wound after being beaten by a group of Papuans.
In a separate incident, two people were
reportedly shot dead by the security forces after a group of local
residents raised a Morning Star flag in Tiom, a small town in central
Papua, on 17 December 2000. Three others were injured. The soldiers
reportedly arrived at the scene and opened fire without warning. Several
protestors then reportedly attacked the security forces with bows and
arrows in retaliation, killing one soldier.
Amnesty International urges the Indonesian
government to:
- carry out full, impartial and
independent investigations into the killings of Papuan pro-independence
activists in Merauke on 2 December and Tiom on 17 December;
- suspend from duty members of the security
forces suspected of committing extrajudicial executions pending a full
investigation into their conduct. Those against whom there is a case,
both directly and by virtue of command responsibility, must be brought
to justice in trials which meet international standards for fair trial;
- take immediate steps to ensure that basic rights, including the right
to life and the right to freedom of expression, are respected in Papua.
c) Extrajudicial executions and torture of students in Jayapura
One Papuan student was shot dead and 100
people were arrested following police raids on student hostels in the
provincial capital Jayapura on 7 December 2000. At least 35 detainees
were tortured and two died in police custody. Local human rights
monitors were threatened with arrest and taken in for police questioning
after they publicised the cases.
Police raids were carried out on student
hostels in Jayapura on 7 December 2000 in apparent retaliation for the
killing of two police officers and a security officer during violent
attacks by pro-independence supporters on a market place and a police
station in Jayapura the day before. A faction of the armed opposition
group, the Free Papua Movement (Organisasi Papua Merdeka, OPM), known as
the National Liberation Army (Tentara Pembebasan Nasional) later claimed
responsibility for the attacks although there is some doubt about the
validity of this claim. It is not thought that any students that were
arrested were involved in the violence.
Eyewitnesses stated that the police fired
shots during the raids on the hostels and beat and kicked students, many
of whom were asleep when the raids began. Elkius Suhuniab, an
18-year-old high school student, was shot dead by members of the Police
Mobile Brigade (Brimob) during one of the raids. An autopsy conducted by
the Jayapura General Hospital showed that he had been shot in the back.
Around 100 people were arrested during the
raids and detained at Jayapura Police Resort (Polres). They included 19
children between the ages of seven and 18 who have subsequently been
released. Oswald Iten, a Swiss journalist, who was being held in the
same facility and was later deported for working as a journalist while
on a tourist visa, said that he saw around 35 detainees being severely
beaten by police officers on 7 December 2000. The following account is
taken from his testimony which was published in the Sydney Morning
Herald newspaper on 9 January 2001:
"About half a dozen policemen were
swinging their clubs at bodies that were lying on the floor and, oddly
enough, did not cry out; at most, only soft groans issued from them.
After a few long seconds, a guard saw me looking and struck his club
against the bars of the cellblock door. I quickly went back to my usual
spot, from where I could still see the clubs, staffs and split bamboo
whips at their work. Their ends were smeared with blood, and blood
sprayed the walls all the way up to the ceiling. Sometimes I saw the
policemen hopping up on benches, continuing to strike blows from there
or jumping back down onto the bodies below (which I could not see from
my cell)."
According to Oswald Iten, the beatings
continued for around 45 minutes. The floor, which was covered with
blood, was then washed before beatings resumed on a second group of
detainees. At least two students died as a result of the beatings.
Autopsies conducted by the Jayapura General Hospital revealed that the
bodies of two high-school students, Johny Karrunggu (aged 18) and Orry
Doronggi (aged 17) were covered in cuts and bruises. Both had died as a
result of the impact of a blunt object to the back of the head.
Oswald Iten said he witnessed the death of
Orry Doronggi in his police cell:
"The last one to enter was a large man,
who fell over the bodies on the floor and lay there groaning horribly.
He tried repeatedly to straighten himself up, only to fall back
down again. Now and again the faces of guards appeared at the barred
window, looking down impassively at the tangle of maltreated bodies. In
the back of the big man's head, there appeared to be a coin-sized hole
through which I believed to spot some brain tissue. After nearly an hour
and a half of groaning and spasmodic movement, his suffering visibly
neared its end. About two metres from me, his powerful body raised
itself again and his head struck the wall. A final laboured breath
issued from him, then his head dropped down onto the cement floor. At
last his agony was over. After a while, three lackeys came and dragged
the body out. Later I learned that the man who had been tortured to
death was named Ori Dronggi [Orry Doronggi]. I saw a picture of his
corpse in the newspaper Cenderawasih Pos."
Most of those detained during the police
raids were released after a few days and it is thought that all have now
been released.
On 15 December, Yohanis Bonay, the director
of a local human rights organization, the Institute for Human Rights
Study and Advocacy (Elsham), was held for questioning by the police
under Article 311 of the Criminal Code which punishes slander with up to
four years' imprisonment. He was accused of 'discrediting public
officials' after Elsham had published statements publicizing the deaths
of the students at the hands of the police. Yohanis Bonay was detained
for 24 hours but released without being charged. A representative of
Indonesia's Legal Aid Association (Lembaga Bantuan Hukum, LBH) in Papua
as well as a journalist who printed information about the human rights
violations were also questioned by the police.
Six weeks later, on 26 January 2001, the
Indonesian Foreign Minister, Alwi Shihab, announced that foreign
journalists would have to obtain special permission before travelling to
areas of conflict in Indonesia, including Papua. He stated that the new
restrictions were necessary for their own safety. Amnesty International
is concerned at this apparent move to restrict the freedom of the press
and prevent independent monitors from reporting on ongoing human rights
violations in these regions.
Amnesty International urges the Indonesian
government to:
- carry out full, impartial and independent
investigations into the killing of Elkius Suhuniab during the police
raid on student hostels in Jayapura on 7 December 2000 as well as the
torture of detainees and deaths in custody of Johny Karrunggu and Orry
Doronggi in Jayapura Police Resort (Polres);
- suspend from duty members of the security
forces suspected of committing human rights violations, including
extrajudicial executions and torture or ill-treatment, pending a full
investigation into their conduct. Those against whom there is a case,
both directly and by virtue of command responsibility, must be brought
to justice in trials which meet international standards for fair trial;
- ensure that no one is arrested or detained
for exercising their legitimate right to peacefully express their views;
- take immediate steps to ensure that human
rights defenders and other independent monitors can carry out their work
in Papua without fear of arbitrary arrest or intimidation.
d) Arrests of Papuan protestors in
Jakarta
Seven pro-independence protestors were
arrested following demonstrations in the Indonesian capital Jakarta on 1
December 2000. Three were later released, but four others remain in
detention and have been charged with expressing hostility against the
government and conspiring to commit separatism. Amnesty International
considers them to be prisoners of conscience.
On 1 December 2000, around 300 students from
Papua took part in a pro-independence rally outside the Netherlands
embassy in Jakarta to mark the anniversary of a declaration of
independence made by Papuan tribal leaders in 1961. Several
demonstrators reportedly waved Morning Star flags - a symbol of Papuan
independence - while others attempted to scale the perimeter fence of
the embassy. Later the same day, the demonstrators moved to the US
embassy in Jakarta where the police used tear gas to break up the
protest.
According to news reports, a number of
protestors were beaten by the police and seven protestors were arrested.
Three of them were released the following day, but Laun Wenda (23),
Mathias Rumbrapuk (30), Hans Gobay (22) and Yoseph Wenda (27) remain in
detention in Jakarta police headquarters (Polda Metro Jaya).
The four detainees have reportedly been
charged under articles of the Criminal Code which prohibit the
expression of hostility towards the government and separatism. The
precise charges against them are: Article 106 which prescribes a maximum
of life imprisonment for attempting to commit separatism; Article 110
which punishes conspiracy to commit separatism with a maximum of six
years' imprisonment; and Article 154 which punishes the public
expression of feelings of hostility, hatred or contempt towards the
government with up to seven years' imprisonment.
Article 154 is one of a series of articles
in the Criminal Code that are commonly referred to as the
"Hate-sowing Articles". These were widely used to imprison and
intimidate political opponents during the 32 years between 1966 and 1998
when President Suharto governed Indonesia. Amnesty International
believes the four are detained on account of their political beliefs and
considers them to be prisoners of conscience.
Amnesty International urges the Indonesian
government to:
- immediately and unconditionally release
Laun Wenda, Mathias Rumbrapuk, Hans Gobay and Yoseph Wenda;
- ensure that no one is arrested or detained
for exercising their legitimate right to peacefully express their views;
- immediately repeal the "Hate-sowing
Articles" from the Criminal Code.
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© 2002 The Diary of Online Papua Mouthpiece
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