West Papuan Political Prisoner is physically abused by Public Prosecutors and Police in Jayapura Courthouse

Human Rights Report                             23April 2009

West Papuan Political Prisoner is physically abused by Public Prosecutors and Police in Jayapura Courthouse

Indonesian Public Prosecutors have triggered an attack against a Political Prisoner,  Buchtar Tabuni,  at the Jayapura District Court, 22 April 2009, in Jayapura, West Papua

On Thursday 22 April 2009, Buchtar Tabuni, was taken by members of the public prosecution team and police from prison to attend a hearing of his trial at the Jayapura District Court. The hearing was scheduled to hear the testimony of an expert witness.

Upon entry to the courthouse Buchtar requested to be put in the cell at the back of the court.  He said that wished to see his defense lawyer’s as had been the usual practice before the trial commenced. Team members of public prosecutor and police responded to his request with repressive actions by dragging and beating Buchtar and forcing him into the court cell.

During the incident Buchtar Tabuni said he was held tightly by 3 of the team members of public prosecutor office while he was attacked by members of the Indonesian Police and Indonesia security forces intelligent agents, who were wearing civilian’s clothes and carrying pistols. The Police and intelligence agents beat him and kicked him.  This resulted in him suffering back and backbone pain and a wound to his left arm and blisters on his feet.  A witness also independently verified that he saw the members of public prosecutor drag Buchtar forcefully and police beat him.

Buchtar said that he was trying to protect his head and face from the attackers while being held and dragged.   Buchtar said that members of public prosecutor who were holding his arms had also laid their hands on him. He said that he was hit by a hard object at his back and his arm when he covering his head during the attack. This was confirmed with the medical report (Fig.2 below), that states 1.there is a scratch wound at left elbow; 2.there is a pain in the back bone; 3.there is a pain oat the leg marks of beaten. The diagnose states there is a wound (ulkus luka) and marks of in sharp object (trauma tumpul).

One of Buchtar’s defense lawyers said the hearing was cancelled because the expert witness did not show up.  He said that Buchtar Tabuni’s defense team was angry at the police and members of public prosecutors because these two institutions used violence against their client.

He said that the incident happened while team of defense lawyers were waiting in their room and had not realized that Buchtar had been taking to the courthouse through another gate (not the usual one).   The defense lawyer also reported that 80% of the courtroom was stacked by Indonesian security forces members, including intelligent agents.

The defense lawyer said that in front of judges, the public prosecutor pronounced that he got a direct order from his superior (office of Chief Public Prosecutor) to bring Buchtar through non-formal gate, but did not state a clear reason for this change of procedure. The Judge asked the Public Prosecutor to take Buchtar Tabuni to the hospital and that he be checked by a doctor immediately.

Instead Buchtar was taken to Abepura prison by Public Prosecutor and left there. His defense lawyers came at the prison and asked officials of the prison to provide a medical treatment and check (visum report) in the prison for Buchtar.

Buchtar received a medical check by a nurse, appointed to work as a health worker in the prison.   Some of his defense team then went to the police office to report the incident.

On 18 February 2009, Buchtar Tabuni (30) had been charged under article 106 of the Criminal Code regarding ‘makar’ or ‘subversion’, Article 160 of the Criminal Code regarding acts of incitement (rebellion) and article 212 of the Criminal Code regarding resisting personnel of the state, on his first trial. Buchtar Tabuni was arrest on 2 December 2008 in relation to a mass demonstration, which occurred in Jayapura supporting the establishment of International Parliamentarians for West Papua, which took place in London of 15 October 2008.

Paula Makabory from Institute for Papuan Advocacy and Human Rights said today,  “This attack on Buchtar Tabuni shows the fundamental bias in the Indonesian judiciary system in courts prosecuting West Papuan political prisoners.  There is little hope that Indonesian judicial procedure will bring about a fair or safe trial for Buchtar Tabuni and the many other West Papuan political prisoners.”

“A culture of injustice, persecution and Human Rights abuse exists within Indonesian state institutions which are hostile to West Papuan people.  Indonesian state institutions, such as public prosecutors office and the court system, which have obligations under International law and Indonesia’s national laws to ensure justice for West Papuan people are actually at the fore front of the attack on the indigenous people of West Papua and their civil & political rights.”

Reported by Paula Makabory
Institute of Papuan Advocacy and Human Rights (IPAHR)

For  further information contact:

Paula Makabory   (+61) 402 547 517; or

Buchtar Lawyers for Indo interview:
1.    Gustaf Kawer (+62) 813 1915 0718
2.    Peter Ell (+62) 8124 808 500
buchtar-tabuni230409-photo

Australian Foreign Affairs Minister poor stance on West Papuan Human Rights

The following work is by Monaro Chrisitan Forum and is taken from report published by US based ETAN.

Stephen Smith defends Australia’s historic human rights stance in West Papua
The Dept. Foreign Affairs and Trade has written to the Monaro Christian Forum to defend the track record of this and previous governments in speaking up for human rights in West Papua.

A letter signed by about 50 Monaro Christians, community members and with the support of members of the Sydney Muslim community has asked for evidence that the Rudd Government is dealing with the ongoing human rights abuses in West Papua more effectively than previous governments have.

The letter ( Letter to Stephen Smith) outlines that not only are the Indonesian military (TNI & Kopassus) still involved in well documented atrocities such as beatings, kidnapping, rape, torture and murder of Papuans, but the officers involved are still being protected from prosecution for their actions. The letter asked for evidence that this government was strengthening its stance in ways such as involving the international community as recommended by a Joint Select Committee on Treaties in 2007.

The response from Mr Smith’s office( Letter from Smith office) was extremely disappointing for the following reasons.

1) As with the Howard Government and in denial of the UN findings and numerous reports from human rights organisations, abuses are referred to only as “alleged” abuses. It appears that the current diplomatic stance is still to downplay the abuses publicly. A 2003 report by the United Nations into abuses by the Indonesian military in East Timor found that this diplomatic policy was instrumental in allowing Indonesia to continue with these abuses for so many decades.

2) The letter defends the actions of previous Governments with the words: “The Australian Government has a strong track record of representations in urging the Indonesian Government to investigate alleged human rights abuses”. Presumably this track record includes the original turning of a blind eye when Indonesia falsified the 1969 “Act of Free Choice” where 1000 West Papuans were forced at gunpoint to vote for their country to be put under Indonesian control. It would also include the Keating Government’s efforts to confiscate footage of the 1993 Santa Cruz massacre by Indonesian troops before it could be shown internationally. More recently it would include the Howard Government’s suppression of Defence Intelligence showing the Indonesian “Scorched Earth” policy for the massive slaughter of East Timorese when they voted for independence in the 1999 Referendum, and Mr Howard’s efforts to draft legislation that would stop legitimate West Papuan refugees from being given asylum in Australia.

It would have been a little heartening if the DFAT letter had at least recognised past failures, but unfortunately it seems this Government has chosen to close ranks with the very Government that was voted out for its weak and selfish stance on such issues. It’s understandable – new oil deals in West Papua provide Australia and the US with the opportunity to postpone our energy crises for just a little longer if we can keep Indonesia happy with us. Not only this, but retired General Prabowo Subianto, a former head of the Kopassus (Indonesia’s Gestapo) responsible for a range of massacres is rapidly rising in power and appears to be a serious contender for the upcoming Presidential elections in July.

I don’t envy Mr Rudd’s position. To stay in charge and get the support necessary for important changes Governments need to make popular decisions. It would be very unpopular if we were to lose important trade deals or peaceful diplomatic relations with Indonesia. Unpopular, but to us Christians aren’t there worse things? It does seems that to gain this part of the world we are being asked to lose our souls. I wonder how much this matters to Australian Christians; how many of us are prepared to put the welfare of our Papuan brothers ahead of our own pockets?

http://bloodwoodtree.org/2009/02/22/stephen-smith-defends-australias-historic-human-rights-stance-in-west-papua/

Indonesian Security Forces attack Human Rights Defender and pro democracy demonstrators in Nabire

Human Rights Report                              Monday 2 February 2009

Indonesian Security Forces attack Human Rights Defender and pro democracy demonstrators in Nabire, West Papua

Indonesian Security forces have attacked a group of 100 local people protesting about delays in local election in Nabire. As the police attacked some of the demonstrators telephoned Mr. Yones Douw, a respected human rights activist from the Kingmi church and asked him to come. When Mr. Douw arrived and began documenting the violence the Police attacked him.

Local eyewitnesses, say that Yones Douw was kicked by police officers with their boots 3 times, then beaten on the side of his head and then punched in the face and before being arrested.

Seven of the demonstrators were also arrested.  An unreported number of others were also beaten and shot by police.   Those arrested, including Yones Douw, were released after being held in custody for one day.

The Institute for Papuan Advocacy & Human Rights (IPAHR) has compiled a more detailed report about the incident, including details of the injuries to Yones Douw & thirteen local people.  The range of injuries to the demonstrators included five people who suffered serious wounds after being shot by rubber bullets in the body & stomach. Others received head injuries and puncture wounds to the head, body limbs & feet after being kicked, beaten and shot with rubber bullets.

A local source has stated that a range of security personnel participated in these abuses, including units from the Police Dalmas and a unit of the notorious Brimob, Indonesia’s para-military Police, together with members of the Indonesian National Intelligence Service, BIN and military officers from Army Battalion 753 Nabire.

Paula Makabory from IPAHR said,  “The original cause of the peaceful demonstration in Nabire is that the local election, PILKADA, has been postponed 3 times since October 2008.  The budget for the Nabire Region has been allocated and the Provincial Secretary, Mr Umar Kacili, a man from Sulawesi, has been effectively acting as Regent.”

“It appears that the local people are concerned that the budget is being administered by an unelected Regency Secretary to the Regency and that the local people interests will be ignored.”

“The Nabire & Paniai region has a long history of state violence, especially against the Mee people and members of the Kingmi church. Human Rights abuses routinely occur.   It is an area where community health and education services have been neglected by the State.  In 2008 two outbreaks of Cholera occurred.  One of these outbreaks is ongoing and has caused hundreds of deaths. The area has mineral resources, including some surface gold mining operations which appear to be managed by the Indonesian security forces.”

“In many regions of West Papua there is dysfunction in the process of Regency elections but in this case local people are organised enough to protest the delay in local elections,” said Paula Makabory.

“The Institute for Papuan Advocacy & Human Rights demands that Indonesian Government, international governments and international Agencies at least take note of the ongoing violence occurring in West Papua at hands of Indonesian security forces and intelligence services.”

“The Indonesian Government must act to reverse the increasing violence perpetrated by Indonesian security forces, particularly by Brimob, in West Papua, in the lead up to the Indonesian General Election in April 2009.  That West Papuan people be allowed to exercise their democratic rights of organisation and assembly and vote without threat to their lives, intimidation and violence.”

In particular IPAHR notes that:

1.    Indonesian police have brutality attacked Indigenous West Papuans who were a conducting a peaceful demonstration seeking democratic process in local elections in Nabire. From what local sources have told IPAHR it is clear that the head of police in Nabire, Commander Rinto Jatmono is directly responsible for the assault  of these people by ordering this attack. This event should be investigated to determine who gave the order to attack, as this kind of state violence is widespread in West Papua. There is a pattern of similar state violence in Nabire including an attack by Police on members of the Kingmi Church in December 2008;

2.    Indonesian Security forces have attacked a recognised Human Rights Defender in Nabire. The Indonesian Government must ensure that the personal safety of Human Rights Defenders are safeguarded. Their role must be recognized as being crucial to bringing Peace in West Papua;

3.    The Indonesian Government should allow free international media access to West Papua so that Indonesian Government activities can be internationally accountable;

4.    Outside and international observers should be allowed by the Indonesian Government to monitor elections in West Papua.

For further information contact Institute for Papuan Advocacy & Human Rights:

-    Paula Makabory +61 402547517

-    Matthew Jamieson +61 418291998

Further Detail of Human Rights Report:   2 February 2009  Indonesian Security Forces attack Human Rights Defender and pro democracy demonstrators in Nabire is available at http://ipahr.wordpress.com/2009/02/02/further-report…tors-in-nabirefurther-report-indonesian-security-forces-attack-human-rights-defender-and-pro-democracy-demonstrators-in-nabire/

A photograph of Yones Douw is available from site above and one request.

Sabar Iwanggin Released

Reports on release of Sabar Iwanggin

According to a report received today from the Evangelical Christian Church in Papua (GKI), Iwanggin Sabar Olaf who was on trial for incitement for circulating an SMS to friends and relatives, has been acquitted of the charges. The panel of judges, announcing their verdict on 29 January, said that the evidence presented in court was not sufficiently convincing to convict him.

Iwanggin, 43 years, a volunteer human rights lawyer working with the Jayapura NGO, ELSHAM, had circulated a message by SMS in October 2007 which he had received from another source drawing attention to various warnings issued by the Indonesian President which might imperil Papua natural resources and cause serious problems for the Papuan people.

Earlier in the trial, the prosecution had asked the court to find him guilty and sentence him to three and a half years in prison.

At the time of his arrest in October 2007, Iwanggin was transferred from Jayapura to Jakarta and he was in the hands of DENSUS 88 (Detachment 88) , the Special Anti-Terror Detachment, a fact that alarmed his family and lawyers because this unit was created following the bombing in Bali in 2002 which killed more than 200 people. They were also concerned about his transfer to Jakarta, whereas the alleged crime had been committed in West Papua.

He was charged under Article 160 of the Criminal Code for inciting others to commit acts of violence against the state authorities, with a maximum penalty of six years.

In their message, the GKI said that Iwanggin had telephoned their office to thank them and everyone else involved for their support, both at home and abroad. He also said: We will continue to struggle for the truth.’

TAPOL warmly welcomes this verdict and congratulates Iwanggin for his steadfastness during what must surely have been a very difficult period.

From Tapol

http://www.amnesty.org/en/news-and-updates/good-news/human-rights-lawyer-cleared-indonesia-20090129

Amnesty International

HUMAN RIGHTS LAWYER CLEARED IN INDONESIA
29 January 2009
A prominent human rights lawyer in Indonesia has been cleared of charges relating to a text message he is alleged to have sent to his friends and family contacts. Iwanggin Sabar Olif, a member of the Papuan organization ELSHAM (Lembaga Studi dan Advokasi Hak Asasi Manusia, Institute for Human Rights Study and Advocacy), had faced up to six years in prison.

The text message asked people to be careful because Indonesian President Susilo Bambang Yudhoyono had ordered a deadly program together with the army aimed at “eradicating” (membasmikan) the Papuan population through food poisoning and other violent actions. However, Iwanggin Sabar Olif always denied having written or sent this message, or even having received it.

He had been charged under Article 160 of Indonesia’s Criminal Code (KUHP, Kitab Undang-Undang Hukum Pidana), which punishes “any person who orally or in writing incites in public to commit a punishable act, a violent action against the public authority or any other disobedience”.

This article has been used in the past against human rights defenders in various parts of Indonesia including Aceh, Java, East Kalimantan and Maluku to suppress freedom of expression and assembly.

However, the Jayapura District Court in Papua province, cleared Iwanggin Sabar Olif of all charges on Thursday.

The decision comes nearly two weeks after the Papuan High Court extended the prison sentences of 11 protesters who were appealing their conviction merely because they had displayed a banned flag.

Amnesty International welcomed the acquittal of Iwanggin Sabar Olif, but called on the Indonesia authorities to ensure that Article 160 is no longer used to undermine the right to freedom of expression.

“Iwanggin Sabar Olif should never have been arrested in the first place. His detention from October 2007 to January 2008 and his subsequent trial took over 15 months,” said Donna Guest, from Amnesty International. “This prevented him from carrying out his legitimate work as a human rights defender in Papua.

“As Hina Jilani, then Special Representative on Human Rights Defenders, recommended in her report after her June 2007 visit to Indonesia, procedures should be ‘instituted to prevent the prosecution of human rights defenders aimed at their harassment for conducting activities that are legitimately a part of their function for the defence of human rights.”
READ MORE
Papuans face prison in Indonesia for raising a flag (News, 15 January 2009)