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Amnesty International, 23/11/2011 – The fact that eight Indonesian police officers involved in a violent crackdown on a peaceful gathering that left three dead have only been given written warnings, is a failure of human rights accountability, Amnesty International said today.
The warnings were given after an internal disciplinary hearing on 22 November found that the officers violated the police Disciplinary Code. On the afternoon of 19 October 2011, police and military units violently dispersed peaceful participants of the Third Papuan People’s Congress, a gathering being held in Abepura, Papua province.
The bodies of Demianus Daniel, Yakobus Samonsabara, and Max Asa Yeuw were later found near the Congress area. “These written warnings are a slap on the wrist. They do not provide accountability for the deaths of three people, nor for the use of excessive and unnecessary force against a peaceful gathering,” said Sam Zarifi, Amnesty International’s Asia-Pacific Director. Some 300 participants were arbitrarily arrested and ill-treated at the end of the Congress.
Most were released the following day but six have been charged and are currently awaiting trial. Amnesty International has called on the authorities to act on the findings of the Indonesian National Human Rights Commission (Komnas HAM) that rights violations were committed by security forces, and to prosecute those responsible. “Even though the Indonesian authorities have a responsibility to prosecute human rights violators, this is yet another example of how in Indonesia, most human rights violations committed by police officers never reach civilian courts, but are dealt with through inhouse disciplinary hearings,” said Sam Zarifi. “Internal disciplinary procedures are for dealing with minor offences, not serious human rights violations.” Amnesty International also urges the Indonesian authorities to set up an independent police complaints mechanism to deal with human rights violations by police officers. Current bodies such as the National Police Commission or the National Human Rights Commission do not have the powers to deal effectively with complaints about police abuses, nor to provide reparations to victims.
A Komnas HAM investigation team found a range of human rights violations were allegedly committed by the Indonesian security forces on 19 October, including opening fire on the peaceful Papuan gathering and beating and kicking participants. It was reported on 7 November that the President’s office had rejected the Komnas HAM findings, stating that the police were still handling the case. On 22 November, an internal police disciplinary hearing in Jayapura, Papua found the former Jayapura Police Chief Iman Setiawan guilty of violating the Disciplinary Code for “his inability to co-ordinate police officers under his command”. Seven police officers from Jayapura City were also found guilty of violating the code for not “protecting and servicing the community with the best of their ability” and “degrading the honour and dignity of the state and the police”. They were all each given a written warning. The disciplinary hearings for the seven police officers were reportedly held behind closed doors.

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ABC News – On 14. November, the people, many in traditional dresses or painted in the colours of the Morningstar-flag, walked the 13 kilometres from Abepura to Jayapura, where they met with local MPs and call for a referendum on self-determination. One of the participants said, that the people of West Papua want freedom: “Indonesia kills many people of West Papua. West Papua have been victims from their country.”
The demonstration was largely peaceful, although there are reports that the police attempted to block the protesters from reaching Jayapura. The rally comes after at least six people were shot dead and more than a hundred were arrested and tortured by Indonesian security forces cracking down on a meeting in Jayapura last month. It was the Third Papuan People´s Congress to declare independence from Jakarta.

Please read also the article on www.abc.net.au/news with video footage.

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´We Papuan people should welcome the constructive communications being offered by the government, as the way to resolve all the crucial problems in Papua. Even though it is not entirely clear, the willingness to communicate with the Papuan people is a sign of good will and means that the government is very concerned about Papua.´
However, he said that the government must explain to the Papuan people what it means by constructive communications, and what form the government intends this to take. Are there phases through which this will pass This needs to be clarified. We have only been hearing recently about Constructive Communications without it being made clear what this means.
This needs to be brought within the context with the perception of the Papuan people for entering into dialogue between Jakarta and Papua. He said that a meeting should be held with the Papuan people who want dialogue.
In such a meeting, it should be possible to clarify the substance of a Jakarta-Papua Dialogue and Constructive Communications. This meeting should discuss the format of dialogue and the format of constructive communication that would be acceptable to both sides. He expressed his optimism that there will be a resolution to the problem for the Papua people.

Forwarded by West Papua Media Alerts

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Migration from other parts of Indonesia has had a major impact on Papuan society, and experts fear that Papuans could become a marginalised minority in the near future. Key jobs and business opportunities appear to be taken by migrants, while Papuans face discrimination.
Pressure is growing in Papua itself for a solution, as Papuans increasingly feel frustrated with the current situation. Indonesia took control of West Papua from the Netherlands in 1962, without the consent of the Papuan people. In 1969, a sham consultation was conducted with handpicked Papuan delegates, and the ‘Act of Free Choice’ ratified Indonesian sovereignty.
In 2001, a new special autonomy arrangement was introduced, but today many Papuans believe the current arrangement has not delivered anything meaningful for their people. Last week, the Papuan People’s Assembly (MRP) formally handed back the Special Autonomy status, and an estimated 10,000 people demonstrated in support of a new agreement for Papua. CSW’s National Director Stuart Windsor said: “Our team met with a number of key individuals and organisations in West Papua, and the message they received was a resounding call for dialogue. It is clear that Papuans are becoming a minority in their own land. The potential for religious tensions to rise is also there, as the predominantly Christian Papuans feel discrimination from the largely Muslim migrants.
The presence of Islamist groups in Papua remains a concern. Health, education and the environment are all further challenges that need solutions. The Papua question cannot be resolved by violence, and therefore dialogue must be the way forward. Indonesia acted with impressive responsibility in seeking a peaceful solution in Aceh, and CSW hopes the Indonesian government will take a similar approach to Papua. We encourage a home-grown process led by Indonesians and Papuans, but recommend the presence of international mediators.”

For further information or to arrange interviews please contact Kiri Kankhwende, Press Officer at Christian Solidarity Worldwide on 020 8329 0045, email kiri@csw.org.uk
or visit www.csw.org.uk.

CSW is a human rights organisation which specialises in religious freedom, works on behalf of those persecuted for their Christian beliefs and promotes religious liberty for all.

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Amnesty International – The Indonesian government must immediately act on the Indonesian National Human Rights Commission’s (Komnas HAM) findings that human rights violations were committed by Indonesian security forces at the Third Papuan Peoples’ Congress on 19 October 2011.
The Komnas HAM investigation team found a range of human rights violations allegedly committed by the Indonesian security forces, including opening fire on participants of the peaceful gathering and beating and kicking them. The Commission, which made its findings public on 4 November 2011, has called on the Indonesian National Police chief to investigate these human rights violations. It was reported on 7 November that the President’s office had rejected the findings of Komnas HAM, stating that the police were still handling the case. The Indonesian authorities must initiate an independent, thorough and effective investigation into the Commission’s findings.
If the investigations find that the security forces committed unlawful killings or torture or other ill-treatment, then those responsible, including persons with command responsibility, must be prosecuted in proceedings which meet international standards of fairness, and victims provided with reparations. The failure to bring perpetrators of these violations to justice in fair trials will reinforce the perception that the security forces in Papua operate above the law and fuel the ongoing climate of mistrust towards the security forces there. On the afternoon of 19 October 2011, police and military units violently dispersed participants of the Third Papuan People’s Congress, a peaceful gathering held in Abepura, Papua province. The bodies of Demianus Daniel, Yakobus Samonsabara, and Max Asa Yeuw were found near the Congress area. An estimated 300 participants were arbitrarily arrested at the end of the Congress.
Most were released the following day but six have been charged. Five people were charged for “rebellion” and “incitement” under Articles 106, 110 and 160 of the Criminal Code, while one was charged for “possession of weapons” under Emergency Law No. 12/1951. According to Komnas HAM, the three people who were found dead had gunshot wounds on their bodies. The Commission was not able to confirm whether they were killed by the police or military, and have called for police forensics investigators to examine the bullets. Komnas HAM also found that at least 96 participants had been shot, kicked or beaten by police officers.
Komnas HAM further reported that security forces had raided a Catholic monastery and seminary. They shot at the building and broke the windows when the monks refused to hand over alleged separatists to the police. Many Papuans are now afraid to leave their homes because of the continued security checks and raids. The Commission also raised concerns that security forces had confiscated mobile phones, laptop computers, printers, cameras, cars, motorcycles and millions of rupiah in cash, and called for these items to be returned to the owners. The Commission stated, contrary to statements by the Indonesian authorities that the Congress was illegal, that the Indonesian Minister of Law, Politics and Security had in fact directed the Director General of Regional Autonomy at the Home Affairs Ministry, to attend the Congress and give the opening speech.
The Commission made a series of recommendations including calling on President Susilo Bambang Yudhoyono to accelerate the dialogue with the Papuan people and to evaluate the deployment of a large security presence in the area. The Komnas HAM investigation indicates that security forces appear to have violated the rights to life and to freedom from torture and other ill-treatment, both of which are non-derogable under the International Covenant for Civil and Political Rights (ICCPR), to which Indonesia is a state party. By using unnecessary and excessive force and firearms against the participants, the Indonesian security forces have also violated the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which Indonesia has also ratified.
Moreover, the right of all people in Indonesia to be free from torture and other ill-treatment is guaranteed in the Indonesian Constitution and the 1999 Law on Human Rights. The actions of the security forces also appear to contravene the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials which provide, among other things, that force should be used only as a last resort, in proportion to the threat posed, and should be designed to minimize damage or injury.

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The attack by members of the Indonesian Police/Polri and the Indonesian Army against partiipants at the Third Papuan People’s Congress on 19 October was a gross violations of human rights because it was perpetrated against ordinary civilians who were unarmed and were not involved in any acts of resistance.
This is abundantly clear from video which I and the LP3BH-Manokwari have in our possession and which have been shown to government officials and members of the European Parliament as well as to members of the German Parliament last week in Berlin. The videos clearly show that the attacks that were launched by members of Polri and the TNI were acting under the command of the chief of police in Papua and in Jayapura. There were no acts of resistance whatever by members of the public or by any of the participants at the Congress, including members of the special defence group for the Congress, the PETAPA. The videos also show a number of persons in civilian clothing, wearing short pants and shirts who are clearly intelligence agents of the police and the army, who can be seen holding pistols as well as rifles and who can be seen firing their weapons into the air, and even show some members of the security forces firing in the direction of the large crowd of people who were running away towards the mountains or to places in Abepura, in fear of their lives. The discovery of six dead bodies following the tragedy of the Third People’s Congress is a clear indication of the use of ammunition being aimed against the mass of people.
As a human rights activist in the Land of Papua, I saw no actions aimed at dispersing the people or attempts to prevent chaos. The Congress was already over and one hour later, members of the security forces who were under the command of Police Commissioner Imam Setyawan SIK can be seen trying to prevent a vehicle which was driving along Jalan Yakonde with the lawyer Edison Waromi on board, which was damaged by the security forces who pulled the people of the vehicle and started beating them and then pushed them into a police van to be driven to police headquarters where they are now being held in custody. Following the arrest of Waromi, the security forces starting firing their weapons and chasing participants of the Papuan Congress as they were leaving the location of that event.
I herewith, as Executive Director of LP3BH/Manorkwari and a human rights defender in the Land of Papua, urge Komnas HAM, to investigate the matter and to bring formal charges against the Papua chief of police and the police chief in Jayapuara, as well as the commander of the 1702 military command in Jayapura who were in command of the operation to be held fully accountable for the bloody incident that occurred on 19 October 2011.

Source: West Papua Media Alerts

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Am 19. Oktober, gegen 14 Uhr, hatte der Kongress eine neue Papuaführung bestimmt und eine Erklärung zur Selbstbestimmung des Papuavolkes vorgelegt. Die indonesischen Sicherheitskräfte reagierten daraufhin mit repressiver Gewalt. Sie feuerten Warnschüsse ab, setzten Tränengas ein und schlugen mit Knüppeln auf Kongressteilnehmer ein. Augenzeugen berichten von hunderten von Schüssen, die bis gegen 18 Uhr angehalten haben sollen.
Die indonesischen Sicherheitskräfte drangen auf der Suche nach Kongressteilnehmern auch in ein Haus des katholischen Franziskanerordens ein und durchsuchten es gewaltsam. Augenzeugen der katholischen Kirche wie der evangelischen Kirche GKI-TP berichten von Stunden der Angst und des Schreckens in Abepura am vergangenen Mittwoch. Die indonesische Polizei bestätigte den Tod von zwei Zivilisten. Mindestens 30 weitere sollen verletzt worden sein.
Von zunächst 300 festgenommenen Kongressteilnehmern sind die meisten inzwischen wieder auf freiem Fuß. Fünf Personen sind von der Polizei wegen Rebellion und Staatsverrat unter Artikel 110, 106 und 160 des indonesischen Strafgesetzbuches verhaftet worden und befinden sich in Polizeigewahrsam. Darunter auch prominente Papua wie der Vorsitzende des Traditionellen Papuarates DAP (Dewan Adat Papua), Forkorus Yaboisembut. Ihm und den vier weiteren Verhafteten droht möglicherweise eine lebenslange Haftstrafe. Das brutale Vorgehen der indonesischen Sicherheitskräfte gegenüber den friedlichen Kongressteilnehmern hat weltweit Entsetzen hervorgerufen. Der Senator der Grünen im australischen Bundesstaat Viktoria, Richard Di Natala, rief die australische Regierung dazu auf, die militärische Zusammenarbeit mit Indonesien unverzüglich zu beenden.
Der US-amerikanische Kongressabgeordnete Eni Faleomavaega äußerte sich besorgt über die Festnahmen am vergangenen Mittwoch und forderte die sofortige Freilassung von Forkorus Yaboisembut. Der Ökumenische Rat der Kirchen Indonesiens PGI (Persekutuan Gereja-Gereja di Indonesia) verurteilte in einer Pressemitteilung das gewaltsame Vorgehen der Sicherheitskräfte und rief den indonesischen Präsidenten Susilo Bambang Yudhoyono dazu auf, in eine konstruktive Kommunikation (Dialog) mit der Bevölkerung Papuas zu treten. Die Vorfälle vom vergangenen Mittwoch zeigen, dass die indonesische Regierung nach wie vor mit Gewalt auf die bestehenden Probleme in Papua reagiert. Es ist zu wünschen, dass es angesichts der Tragödie vom 19. Oktober zu einem Umdenken von indonesischer Seite kommt.
Ein Modell zur friedlichen Lösung des Konfliktes liegt bereits seit über zwei Jahren auf dem Tisch: das Dialogkonzept von Neles Tebay ist aktueller denn je.

(Q.: Asian Human Rights Commission: Urgent Appeal Case AHRC-UAC-213-2011; JPIC-Büro Evangelische Kirche im Lande Papua GKI-TP 21.10.11: Kongres Papua III; Joint Statement by TAPOL, WPAT, ETAN 20.10.11: Indonesian crackdown on Papuan congress sparks outrage; The Age 21.10.11: Bodies found near West Papua barracks; Persekutuan Gereja-Gereja di Indonesia (PGI) 21.10.11: Press Release: PGI prihatin atas insiden kekerasan di Papua)

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In the first place, to agree to invite the UN Special Rapporteur on Human Rights to visit Indonesia in connection with MIFEE, the Merauke Integrated Energy and Food Project in West Papua.
In the second place to hold talks with CERD for this matter to be discussed at the forthcoming meeting of the Committee in Geneva from 13 February – 13 March 2012.
And thirdly, to to make available comprehensive information regarding all the matters contained in the afore-mentioned latter. This was made public following a meeting by a number of NGOs in Jayapura on 12 October which was attended among others by Foker-NGO-Papua, Sawit Watch, Greenpeace, Justuce and Peace Commission/Jayapura, Walhi and Sorpatom in Jayapura on 12 October. The Coalition of NGOs said that the response of the UN to the MIFEE project had exerted pressure on the Indonesian government to halt all activities related to the MIFEE project and to invite the UN Special Rapporteur on Human Rights to investigate this project before 13 January 2012. The coalition said that MIFEE would have a strategically significant inpact on the availability of foodstuffs and energy resources in Indonesia. This project will cover an area of 1.6 million hectares which will be used to produce millions of tons of rice, corn, beans and sugar as well as promote cattle-rearing. Dazzled by this massive project, they have closed their eyes to a huge problem that will confront the population of Merauke whose land will be consumed by the MIFEE.project.
The MIFEE project is a highly ambitious mega project of the Indonesian Government based on a slogan to produce food for the whole world. They intend to take control of an area of 1.6m ha of land for agri-business purposes. The resultant food will be exported, meaning that MIFEE is directed towards the export market. Thirty-six companies have already been attracted by the MIFEE project with investment capital to the value of Rp 18.9 trillion, along with domestic capital. Research undertaken by various organisations has identified a number of problems. First of all, this project which will cover a total area of altogether 2m ha of land belonging to the indigenous people will have a direct impact on the traditional rights of the these people. Furthermore, this expansion will cut down forests belonging to indigenous people in order to grow palm oil and will result in the influx of a huge number of people from outside the area, threatening the local people´s livelihoods and destroying their traditional economic practices. These developments will exert huge pressure on the Malind people and their traditions in particular, and the Papuan people in general, turning them into a minority people in their own land. In addition, these developments which are supported by various state forces will require the protection of the Indonesian army. Fourthly, the decisions regarding exploitation of natural resources are hugely dependent on the central government and are being developed in accordance with national laws that ignore the indigenous people, despite the adoption of the Special Autonomy law in 2001, the aim of which was to decentralise decision-making to the provincial level with regard to a number of issues, while nothing has happened regarding the introduction regulations.for the implementation of this law.
Fifthly, it is understood that most of the MIFEE area has been classified as ´forest´ and placed under the jurisdiction of the forestry department, whose interpretation of the forestry laws impinge on the rights of the indigenous people. Finally, there are reports that local communities have been manipulated by investors and government officials so as to secure their signatures to provide the legal basis for certificates affirming their right to the land of the indigenous people.

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CASE NARRATIVE:
According to information received from Persekutuan Gereja-Gereja Baptis Papua (The Fellowship of Baptist Churches of Papua), Koalisi Masyarakat Sipil Untuk Penegakan Hukum dan HAM di Papua (Civil Society Coalition to Uphold Law and Human Rights in Papua) and other activists, on 31 August 2011 at 5am, around 115 members of a joint team of Jayapura city district police (POLRESTA) and Cenderawasih military area command raided Papuan villagers in Horas Skyline village, Abepura district, Jayapura, Papua.
All of the team members had guns and long barreled rifles, and some of them were wearing a black mask. When they were some 300 meters from the targeted houses, the team shot at the houses seven times. Siki Kogoya, a villager who was in his yard at the time, was shocked upon hearing the gunshot, after which he saw the joint team members make their way to him. One of the members pointed his gun at Siki´s mouth, while three others pointed their long barreled rifles at his neck.
They then beat him with rifle butts and kicked his head, face, ribs and chest. Siki was ordered to lie face down on the ground, while the officers continued pointing their weapons at him and asked him questions regarding the location of Panius Kogoya, Etra Yanengga, and Arman Kogoya, and whether he knows Danny Kogoya. This was related to their involvement in a shooting accident in Nafri on 1 August 2011, and the killing of a taxi driver and burning of his taxi in Skyline on 6 July 2011.
At the same time, other joint team members went to Biben Kogoya (the neighbourhood leader)’s small house (this small house is separated from Biben Kogoya´s main house and is usually used by the community for worship, discussion or meeting) and raided it. The officers then brought 14 villagers (three of whom were sick), randomly picked up from the village, to Biben´s yard, ordered them to lie down and forced them to see the sun rise without blinking. The officers humiliated, kicked, beat and pointed their guns at the victims. The officers asked the victims who among them were Danny Kogoya, Panius Kogoya, Ekimar Kogoya, Etra Yanengga and Gidi Wenda, and forced them to disclose the location of Panius Kogoya, Ekimar Kogoya, and Etra Yanengga, and whether they know Danny Kogoya.  Being the neighbourhood leader, Biben had learnt from the urban village head (LURAH, an administrative leader for the regency/city area), that members of the regional Papua police (POLDA) and Jayapura city district police would raid his house.
He did not expect to be beaten however. The joint team members placed a photo of the killed soldier in Nafri into a photo album at Biben´s house, then they showed it to him and forced him to admit that he was the killer. Subsequently, Biben was dragged to an empty house which had been ransacked by the joint team members. There was a hole at the house, with bullets and papers around it. Biben was threatened with death if he did not admit that these belonged to him. When Biben refused to admit this, the officers dragged him towards the hole and tried to push him in. Biben managed to avoid falling in, but the joint team members then dragged him to another room. There, at the left corner, the officers ordered Biben to dig a hole while pointing a gun at him. Biben felt they would kill and bury him, and he tried to escape.
He was caught and brought to his yard, where the other victims were held. At 6:30pm Metius Kogoya, a Christian clergyman, heard of the news and at 9:30pm he came to the location where the victims were being held. There, he was asked by the joint team members to name all the victims. When he named Ekimar, the officers immediately beat and dragged him to an empty yard, where he was beaten repeatedly and forced to name another killer. Finally Ekimar named Panius, as a result of which Panius was also dragged to the yard and beaten together with Ekimar. Metius then sat with the other victims in solidarity. He observed the victims being humiliatiated and beaten for eight hours, until 1pm. While the victims were being beaten and interrogated, other joint team members were raiding Biben Kogoya´s house for documents that could be used as evidence.
They seized ‘weapons’ such as traditional arrows, a chopper, a knife. In the backyard, one officer shot a hole through a frying pan, stating, “With this frying pan, you cooked and gave food to members of the Free Papua Movement (OPM).”
The joint team members also raided other victims’ houses. Furthermore, the joint team also asked Novi Kogoya alias Pia (7 years) to answer where was the gun hidden by her parents. Even though Novi Kogoya anwered that she did not know, they kept repeating the question. Approximately at 1pm, the chief of regional police (KAPOLDA) of Papua and the chief of Jayapura city district police (KAPOLRESTA) came to Biben´s yard and ordered the joint team members to stop their assault. Then the victims were brought to the Jayapura city district police headquarters and interrogated as witnesses of the Nafri and Skyline killings. In violation of articles 17 and 38 of the Indonesian criminal procedure law, the joint team officers did not show any arrest and seizure warrant when arresting the victims. The police officers also did not inform the victims of their rights and interrogated them without legal counsel in violation of articles 51 and 54. The Jayapura police officers threatened to kill Ekimar and Panius if they did not confess to being the killers in the Nafri and Skyline incidents.
As a result, the two victims made statements that they were the killers. Ekimar is a minor, and his rights were violated by being interrogated and detained in the same manner as an adult. The police completed their interrogation of the victims at 11pm, excluding Ekimar and Panius, who were considered as suspects of manslaughter, murder, and violence under articles 338, 340 and 170.1 of the criminal code. The victims were taken to a prison truck and not given food until the following morning. On the next day, September 1, at 11:40am, a representative from the national human rights commission in Papua, the Baptist church of Papua and several human rights activists came to the Jayapura city district police headquarters to see the victims. After several complaints submitted to the police and due to insufficient proof, the police released all the victims except Ekimar and Panius at around 3pm. The 13 victims are presently suffering from trauma and cannot conduct their daily activities as usual. On September 3, at 9am, the Jayapura district police gave arrest and detention warrants to the families of Ekimar and Panius in violation of articles 17 and 21.1 of the Indonesian criminal procedure law. SUGGESTED ACTION: Please write letters to the authorities listed below asking them to intervene in the case immediately to ensure that all perpetrators are brought to justice in accordance with international human rights norms. Please be informed that the AHRC is also sending letters to the Special Rapporteur on the rights of indigenous people, the working group on arbitrary detention, and the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, calling for their intervention into this matter.

SAMPLE LETTER:

Dear ___________,
INDONESIA: Jayapura city district police and military arbitrarily arrest and torture Papuan civilians
Name of victims: Siki Kogoya (male, 23 years, student), Tinus Wenda (male, 40, entrepreneur), Yeskiel Wenda (male, 23, student), Arinus Wenda (male, 25, student), Nusman Kogoya (male, 18, student), Manianus Kogoya (male, 23, student), Mis Kogoya (male, 25, student), Yawenus Kogoya (male, 21, student), Budi Kogoya (male,15, student), Demias Kogoya (male, 16, student), Biben Kogoya (male, 34, neighbourhood leader), Metius Kogoya (male, 34, Christian clergy), Uwen Kogoya (male, 26, student), Painus Kogoya (male, 23, student), Ekimas alias Ekimar Kogoya (male, 16, student)

Name of alleged perpetrators: Officers of the Jayapura city dictrict police, members of the joint team of Jayapura city district police and military who arbitrarily arrested, threatened and tortured the victims Date of incident: 31 August 2011 Place of incident: Horas Skyline village, Abepura district, Jayapura, Papua I am writing to voice my deep concern at the arbitrary arrest and torture of 15 Papuan civilians, including several minors, in Horas Skyline village, Abepura district, Jayapura, Papua, by the joint team of Jayapura city district police and Cenderawasih military area command on 31 August 2011.
I have learnt that on 31 August 2011 at 5am, around 115 members of the joint team of Jayapura city district police and Cenderawasih military area command raided the villagers’ homes. All of the team members had guns and long barreled rifles, and some of them were wearing a black mask. When they were some 300 meters from the targeted houses, the team shot at the houses seven times. Siki Kogoya, a villager who was in his yard at the time, was shocked upon hearing the gunshot, after which he saw the joint team members make their way to him. One of the members pointed his gun at Mr. Kogoya´s mouth, while three others pointed their long barreled rifles at his neck. They then beat him with rifle butts and kicked his head, face, ribs and chest. Mr. Kogoya was ordered to lie face down on the ground, while the officers continued pointing their weapons at him and asked him questions regarding the location of Panius Kogoya, Etra Yanengga, and Arman Kogoya, and whether Mr. Kogoya knows Danny Kogoya. This was related to their involvement in a shooting accident in Nafri on 1 August 2011, and the killing of a taxi driver and burning of his taxi in Skyline on 6 July 2011. At the same time, other joint team members went to Biben Kogoya (the neighbourhood leader)’s small house (this small house is separated from Biben Kogoya´s main house and is usually used by the community for worship, discussion or meeting) and raided it. The officers then brought 14 villagers (three of whom were sick), randomly picked up from the village, to Biben´s yard, ordered them to lie down and forced them to see the sun rise without blinking. The officers humiliated, kicked, beat and pointed their guns at the victims. The officers asked the victims who among them were Danny Kogoya, Panius Kogoya, Ekimar Kogoya, Etra Yanengga and Gidi Wenda, and forced them to disclose the location of Panius Kogoya, Ekimar Kogoya, and Etra Yanengga, and whether they know Danny Kogoya. I am outraged to learn that the joint team members placed a photo of the killed soldier in Nafri into a photo album at Biben´s house, which they then showed him and forced him to admit that he was the killer. Subsequently, Biben was dragged to an empty house which had been ransacked by the joint team members. There was a hole at the house, with bullets and papers around it. Biben was threatened with death if he did not admit that these belonged to him. When Biben refused to admit this, the officers dragged him towards the hole and tried to push him in. Biben managed to avoid falling in, but the joint team members then dragged him to another room. There, at the left corner, the officers ordered Biben to dig a hole while pointing a gun at him. Biben felt they would kill and bury him, and he tried to escape. He was caught and brought to his yard, where the other victims were. At 6:30pm Metius Kogoya, a Christian clergyman, heard of the news and at 9:30pm he came to the location where the victims were being held. There, he was asked by the joint team members to name all the victims. When he named Ekimar, the officers immediately beat and dragged him to an empty yard, where he was beaten repeatedly and forced to name another killer. Finally Ekimar named Panius, as a result of which Panius was also dragged to the yard and beaten together with Ekimar. While the victims were being beaten and interrogated, other joint team members were raiding Biben Kogoya´s house for documents that could be used as evidence. They seized ‘weapons’ such as traditional arrows, a chopper, a knife. In the backyard, one officer shot a hole through a frying pan, stating, “With this frying pan, you cooked and gave food to members of the Free Papua Movement (OPM).” The joint team members also raided other victims’ houses. Approximately at 1pm, the chief of regional police (KAPOLDA) of Papua and the chief of Jayapura city district police (KAPOLRESTA) came to Biben´s yard and ordered the joint team members to stop their assault. Then the victims were brought to the Jayapura city district police headquarters and interrogated as witnesses of the Nafri and Skyline killings. In violation of articles 17 and 38 of the Indonesian criminal procedure law, the joint team officers did not show any arrest and seizure warrant when arresting the victims. The police officers also did not inform the victims of their rights and interrogated them without legal counsel in violation of articles 51 and 54. It has come to my grave attention that the Jayapura police officers threatened to kill Ekimar and Panius Kogoya if they did not confess to being the killers in the Nafri and Skyline incidents. As a result, the two victims made statements that they were the killers. Ekimar is a minor, and I am shocked that his rights were violated by being interrogated and detained in the same manner as an adult. The police completed their interrogation of the victims at 11pm, excluding Ekimar and Panius, who were considered as suspects of manslaughter, murder, and violence as mentioned in articles 338, 340 and 170.1 of the criminal code. The victims were taken to a prison truck and not given food until the following morning. On the next day, September 1, at 11:40am, a representative from the national human rights commission in Papua, the Baptist chuch of Papua and several human rights activists came to the Jayapura police headquarters to see the victims. After several complaints submitted to the police and due to insufficient proof, the police released all the victims except Ekimar and Panius Kogoya at around 3pm. The 13 victims are presently suffering from trauma and cannot conduct their daily activities as usual. On September 3, at 9am, the Jayapura district police gave the arrest and detention warrants to the families of Ekimar and Panius Kogoya in violation of articles 17 and 21.1 of the Indonesian criminal procedure law. Until now, I am not aware of any action taken against the perpetrators for their brutal and illegal behaviour towards the villagers. I urge you to seriously look into the victims’ allegations and take appropriate action against those found responsible. Appropriate action must also be taken against the authorities that have failed to intervene.

Yours sincerely, —————-

PLEASE SEND YOUR LETTERS TO: 1. Susilo Bambang Yudhoyono The President of Indonesia Jl. Veteran No. 16 Jakarta Pusat INDONESIA Tel: +62 21 3863777, 3503088. Fax: +62 21 3442223 2. Mr. Kemal Azis Stamboel The Chairman of the First Commission of House of Representative of Indonesia Gedung DPR RI Nusantara II, Lantai 1 Jl. Jenderal Gatot Subroto Jakarta 10270 INDONESIA Phone: +62 21 5715518 Fax: +62 21 5715523 3. Chairman of Third Commission of The House of Representative of Indonesia Jl. Gatot Subroto No. 6 Jakarta INDONESIA Tel:+62 21 5715569 Fax: +62 21 5715566 4. Mr. Erfi Triassunu Commander of Regional Military Command XVII Cendrawasih (Kemiliteran Daerah Papua / Kodam Papua) Jl. Polimak atas Jayapura Provinsi Papua INDONESIA Fax: +62 967 533763 5. General of Police Timur Pradopo Chief of Indonesian National Police Markas Besar Kepolisian Indonesia Jl. Trunojoyo No. 3 Kebayoran Baru South Jakarta 12110 INDONESIA Tel: +62 21 3848537, 7260306, 7218010 Fax: +62 21 7220669 Email: info@polri.go.id 6. Head of Division of Profession and Security of Indonesian Police Markas Besar Kepolisian Indonesia Jl. Trunojoyo No. 3 Kebayoran Baru South Jakarta 12110 INDONESIA Tel: +62 21 3848537, 7260306, 7218010 Fax: +62 21 7220669 Email: info@polri.go.id 7. Chairman of the National Police Commission (Kompolnas) Jl. Tirtayasa VII No. 20 Komplek PTIK Jakarta Selatan INDONESIA Tel: +62 21 739 2352 Fax: +62 21 739 2317 8. Head of National Commission on Human Rights of Indonesia Jalan Latuharhary No.4-B, Jakarta 10310 INDONESIA Tel: +62 21 392 5227-30 Fax: +62 21 392 5227 Email: info@komnas.go.id 9. Ms. Harkristuti Harkrisnowo General Director of Human Rights Department of Law and Human Rights Republic of Indonesia Jl. HR Rasuna Said Kav.6-7 Kuningan, Jakarta 12940 INDONESIA Tel: +62 21 525 3006, 525 3889, 526 4280 Fax: +62 21 525 3095 10. Chief of Regional Police of Papua province Jl. Samratulangi No. 8 Jayapura INDONESIA Tel: + 62 0967 531014 Fax: +62 0967 533763 11. Chief of Jayapura city district police (POLRESTA) Jl. A. Yani No.11 Jayapura INDONESIA Thank you. Urgent Appeals Programme Asian Human Rights Commission (ua@ahrc.asia)

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