Briefing on Current Human Rights Situation in Indonesia
Amnesty International
31 January 2001
Briefing on the current human rights situation in Indonesia
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 travelling after they had been stopped at
roadblocks. Many others who were blocked from travelling 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.
Received from Paul Barber at TAPOL, the Indonesia Human Rights
Campaign - see Links
for TAPOL website
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