INDONESIA: Police officers beat up a journalist in Enarotali, Papua

August 23, 2013

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-113-2013

23 August 2013
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INDONESIA: Police officers beat up a journalist in Enarotali, Papua

ISSUES: Police violence; threats and intimidation; torture
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the torture of a journalist in Enarotali, Papua, by three police officers. The Chief of Paniai District Police has apologised to the victim and promised that he will take action against the three officers. It is likely, however, that the ‘action’ will be administrative and not criminal.

CASE NARRATIVE:

According to a local activist, on 15 August 2013 at around 4.30 p.m. a journalist for Bintang Papua Andreas Badii was riding his motorbike home after buying a wick for his oil stove when a police officer named Lukman stopped and searched him. When the officer found the wick inside Andreas’s bag, he asked what it was for. In a jokingly but polite manner, Andreas replied: ‘Ah, Uncle, you are just acting like you do not know.’ The police officer, who was a member of Paniai District Police, wast offended with Andreas’s response. He asked Andreas repeatedly: ‘are you opposing me?’ (Picture: Andreas Badii was beaten on his head so that his nose bled heavily. Courtesy of a local activist in Papua)

Andreas explained that he did not mean to oppose the officer and that the threads were only a wick for his oil stove. However, the officer responded by beating Andreas’s head which at that time was covered with a helmet. Two other police officers named Frendi Tomatala and Wellem Usior approached Andreas and also beat him on the face so that the journalist’s nose and lips were injured. One of the police officers pulled Andreas’s shirt from behind making him fall off his motorbike, and Wellem Usior also appointed his gun at Andreas. Andreas’s nose and lips were bleeding heavily but instead of taking him to a hospital for medical treatment, the three police officers took him to East Paniai Sub-District Police Station which is around 500 metres from the scene.

In the police station an unidentified officer explained to Andreas that they had been conducting a security operation since January 2013 and that they were all tired and suffering from lack of sleep. For such reason, the police officers tend to be aggressive. Andreas was later released after being held at the police station for around 30 minutes. Before leaving the station, he looked for the Chief of the Paniai District Police who was unfortunately not around at that time.

The following morning at 8.45 a.m., Andreas was about to go to Paniai District Police to file a complaint about the abuse when the Chief of the district police, Semmy Ronny Aba, called him. The Chief apologised for the bad behaviour of his subordinates and explained that since the Indonesian National Police have a set of code of conduct, a complaint from Andreas can be legally followed up. At 9.15 a.m. Andreas met with the Chief himself who later ordered the officers from the police’s internal monitoring unit to take his complaint.

ADDITIONAL INFORMATION:

In 2009, the Chief of the Indonesian Police issued a regulation which calls for all its members to respect human rights in implementing their roles and duties. According to Article 10 point c of the regulation, for instance, Indonesian police officers are prohibited from using violence, unless it is necessary to prevent a crime or to arrest criminal suspects. Yet despite the astonishing articles under the regulation, violence by police officers remains common as of today. As an example, in early August this year, a police officer shot a mentally ill Papuan to death even though the man did not pose any harm or involve in any criminal activity. Torture has also been reported to be rampant in Indonesia, with police officers marked as state officials who perpetrated the abuse the most.

Although many cases on torture and violence by the police have been reported, only a limited number of them ended in the criminal punishment of the perpetrators. The complaints which did not end up this way were either not followed up at all or were examined by an internal monitoring mechanism within the police, the Professionalism and Security Division. Critics have been addressed to such mechanism not only because it is lacking of transparency but also due to its administrative nature and how it is often used to substitute criminal proceeding. Such substitution is not in accordance with the UN Convention against Torture and other cruel, inhuman or degrading treatment or punishment in which one of provisions requires the adequate punishment of the perpetrators under a criminal proceeding.

SUGGESTED ACTION:
Please write to the relevant authorities listed below asking for their intervention in this case that instead of being given administrative sanction, the three police officers who ill-treated Andreas will be criminally punished. Please also urge them to ensure that adequate reparation is provided to Andreas.

The AHRC is writing separately to the UN Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, asking for his intervention on this matter.

To support this appeal, please click here:  

SAMPLE LETTER:

Dear ...................,

INDONESIA: Police officers beat up a journalist in Enarotali, Papua

Name of victim: Andreas Badii
Names of alleged perpetrators: First Police Brigadier (Briptu) Wellem Usior, Second Police Brigadiers (Bripda) Frendi Tomatala and Lukman. The officers are attached to Paniai District Police
Date of incident: 15 August 2013
Place of incident: Enarotali, Papua

I am writing to voice my deep concern regarding the torture and ill-treatment against a journalist of Bintang Papua by three police officers from Paniai District Police, Enarotali, Papua. I have been informed by a local activist that in the morning of 15 August 2013, Andreas Badii was riding his motorbike home when Bripda Lukman stopped and searched him. The officer found a wick in Andreas’s bag and inquired on what the journalist will used it for. Responding to such question, Andreas replied jokingly ‘ah, Uncle, you are acting like you do not know’ which was countered rather nastily by the officer. Bripda Lukman asked to Andreas, ‘are you opposing me?’ while the journalist was explaining that what the officer found was just a wick for his oil stove. However, Bripda Lukman hit Andreas on his head while kept asking ‘are you opposing me?’

Two other officers identified as Briptu Wellem Usior as well as Bripda Frendi Tomatala later approached Andreas and started beating him on his head so that Andreas’s nose and lips injured and bleeding heavily. One of the three officers pulled Andreas’s shirt causing him to fall off his motorbike whereas Briptu Wellem Usior appointed his gun at the journalist. Although Andreas was heavily bleeding on his lips and nose, the police officers did not take him to the hospital but to East Paniai Sub-District Police Station which was located around 500 metres away from the scene. Andreas was released on the same day after being held for 30 minutes at the station.

According to the information I have obtained, Andreas received a phone call from the Chief of Paniai District Police, Semmy Ronny Aba, who apologised for the behaviour of his subordinates. Apart from that, the Chief explained that the officers have breached the police’s code of conduct that he will take action against them. The Chief met his promised as after Andreas met him in the afternoon of the same day, the Chief ordered his officers from the internal monitoring unit to take Andreas’s complaint.

I appreciate the fact that the Chief of Paniai District Police has apologised to Andreas directly and also has ordered for the police’s internal monitoring unit (Provost) to follow up Andreas’s complaint. However, I wish to emphasise that this internal mechanism within the police should not be treated as the substitute for the criminal proceeding against the three police officers who have assaulted Andreas. What the officers have done to Andreas was not simply a breach of conduct but – much more serious than that – a crime and a human rights violation.

Bearing this in mind, an effective and impartial investigation on this case should take place that the three officers will be punished criminally in accordance with the law. The ongoing investigation under the Provost shall be continued and conducted transparently, but should not be considered as the substitute for the criminal proceeding. As a state party to the UN Convention against Torture and other cruel, inhuman or degrading treatment and punishment, I am calling you to comply with the obligation to ensure that the perpetrators of torture and ill-treatment are punished adequately and criminally, as required for the convention. In addition to that, I am urging you to ensure that adequate reparation is given to Andreas.

I look forward for your positive, adequate and swift response in this matter.

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Mr. Susilo Bambang Yudhoyono
President of the Republic of Indonesia
Jl. Veteran No. 16
Jakarta Pusat
INDONESIA
Tel: +62 21 3458 595
Fax: +62 21 3484 4759
E-mail: webmaster@setneg.go.id

2. Ms. Harkristuti Harkrisnowo
General Director of Human Rights
Ministry of Law and Human Rights
Jl. HR Rasuna Said Kav. 6–7
Kuningan, Jakarta 12940
INDONESIA
Tel: +62 21 525 3006, 525 3889
Fax: +62 21 525 3095

3. Gen. Timur Pradopo
Chief of the Indonesian National Police
Jl. Trunojoyo No. 3
Kebayoran Baru, Jakarta Selatan 12110
INDONESIA
Tel: +62 21 384 8537, 726 0306
Fax: +62 21 7220 669
E-mail: info@polri.go.id

4. Mr. Tito Karnavian
Chief of Papua Regional Police
Jl. Dr. Sam Ratulangi No. 8 Jayapura
INDONESIA
Tel: +62 967 531 014, 533 396
Fax: +62 967 533 763

5. Ms. Siti Nur Laila
Chairperson of the National Human Rights Commission
Jl. Latuharhary No. 4-B
Jakarta 10310
INDONESIA
Tel: +62 21 392 5227-30
Fax: +62 21 392 5227
E-mail: info@komnas.go.id

6. Mr. Abdul Haris Semendawai
Chairperson of Witnesses and Victims Protection Agency
Gedung Proklamasi
Jl. Proklamasi No. 56
Jakarta Pusat 10320
INDONESIA
Tel: +62 21 3190 7021
Fax: +62 21 3192 7881
E-mail: lpsk_ri@lpsk.go.id

Thank you.

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

HABITUS PAPUAN PEOPLE IN PAPUA

The people of West Papua were among the first farmers in the world and in the highlands have been gardening their foods using incredibly sophisticated techniques including irrigation for over 9,000 years.

These gardens which decorate many of the hillsides of the new Guinea highlands are very intricate and skillful and used to grow crops such as sweet potato and taro, staples for many Melanesian and other Pacific people.

And yet the Indonesian government describes West Papuans as "primitive".
In a further attempt to starve West Papuans and to eradicate the intrinsic parts of Papuan culture, the Indonesian military regularly kills domestic pigs, burns these precious gardens and forces west Papuan people to grow the Indonesian staple of rice instead and to raise not pigs but Asian buffalo.

It is in ways such as this that the Indonesian military and government is slowly beginning to eradicate West Papuan livelihood, culture and way of life.

The Indonesian government is trying its hardest to turn West Papua into an Indonesian land.

How long will West Papuans be able to garden freely and live as Papuans whilst Indonesia continues to tear into their fields for multinational corporations and military posts?

The Indonesian occupation is trying to tear out the very heart of Papuan livelihood.

If West Papua is not independent soon, West Papua will no longer be a Papuan land.

DAFTAR NAMA-NAMA ORANG PAPUA YANG MENJADI AGEN INDONESIA

Written By www.star-papua.com on Minggu, 10 Februari 2013 | 20.15

“ORANG ASLI PAPUA YANG BEKERJA UNTUK INDONESIA UNTUK MENJADI AGEN INFORMASI TNI-POLRI INDONESIA”

Star-Papua—Berita hebo melalui SMS kepada seluruh warga Papua, selama Tiga hari terakhir ini, menyebutkan beberapa nama-nama Orang Asli Papua Wilayah adat Meepago (suku Mee),  mereka diduga menjadi agen Militer tentara, Polisi, BMP, Bais, Intel. Hanya untuk kepentingan “Uang dan Jabatan”. Sms yang kirim kewww.malanesia.com pada Rabu (06/02/2013).

Nama-nama yang tercantum dalam sms yakni; 1. Ruben Magai, 2. Agar Madai, Samuel Yogi, 4.Nahason Utii, 5.Deki Tenouye, 6. Ananias Pigai, 7.Naftali Kobepa, 8.Sadrak Degei, 9.Yulian Nawipa, 10. Isayas Douw (Bupati Nabire), 11.Mesak Magai, 12. Tomas Tigi (Bupati Dogiyai), nama-nama ini yang sementara informasi sedang beredar melalui sms, mereka juga berharap smsnya teruskan kesesama orang Papua supaya menyetahuinya.

“Kemudian, orang Papua hati Indonesia, mereka ini juga mengangkal jati diri harga diri sebagai orang Papua, mereka mengakui sepenuhnya orang Indonesia,”Bunyi smsnya.

Orang Papua yang menjadi mencari informasi  kerja mereka hanya mencari informasi seputar Papua merdeka, melacak keberadaan Tpn-Opm, mencari tahu nama-nama aktivis Papua Merdeka, dan mencari Tahu agenda Perjuangan Papua merdeka, setelah mendapat informasi mereka melapor kepada Tentara, polisi, untuk Menembak dan menangkap, dengan alasan menjalankan tugas Negara.

Sedangkan Nama-nama lain, seperti dilangsir  back list  http://www.wpnla.net/, di antaranya adalah, 1 BIODATA AGEN.pdf, 2. DATA AGEN.pdf, 3. DAFTAR AGEN POS – 6 MULIA.pdf, dan 4. DAFTAR INFORMAN KOTARAJA.pdf. 

Rahasia  “Biodata Agen” Satgas Ban – 5 / Kopassus Kota Raja, pada oktober   2007,  Nama-nama sebagai berikut; 1.  Abdul M Syarif  Asal Daerah    Biak,  Agen tersebut sangat potensial  untuk mengikuti semua kegiatan  Markus Haluk dan Buktar Tabuni.  2. John Morring asal  padang Bulan, (kerjanya memberikan informasi tentang gerakan dari pada mahasiswa), 3. Alfius, asal entrop kerjanya, ( dalam memberikan informasi tentang kegiatan-kegiatan jumpa pers dan demonstrasi-demonstrasi) lebih lengkapnya klik link ini; http://www.wpnla.net/wp-content/uploads/BIODATA-AGEN.pdf

Data Agen lain yakni; 1. Abdul M Syarif, asal Biak,  tugasnya mengikuti kegiatan dari Markus haluk dan Buchtar  Tabuni. 2. Rudi,  asal kamkey,  tugasnya kejadian- kejadian menonjol yang terjadi di daerah Kotaraja, dan sekitarnya. Lebih lengkap buka link ini: http://www.wpnla.net/wp-content/uploads/DATA-AGEN.pdf

Daftar informasih kota raja, menyebutkan nama-nama yang  menjadi informan yaitu Mahasiswa, masyarakat sipil, toko adat, Pegawai sipil, dan swasta. mereka juga anggota Intel, BMP dll. Buka langsung link ini: http://www.wpnla.net/wp-content/uploads/DAFTAR-INFORMAN-KOTARAJA.pdf

Kemudian selanjutnya,  daftar agen pos enam mulia Puncak Jaya, sebanyak tujuh orang asal puncak jaya, selengkapnya buka halaman web ini; http://www.wpnla.net/wp-content/uploads/DAFTAR-AGEN-POS-%E2%80%93-6-MULIA.pdf

Masih banyak yang belum terdata, lebih lengkapnya akan di muat dalam waktu dekat. Begitu disampaikan oleh salah satu aktivis Ham  asal Papua, yang langsung dari lapangan dia juga mendapatkan informasi dari orang yang terpercaya. Hingga saat ini masih mencari informasi selengkapnya.  Ungkap melalui sms. (M/A.Bonai)

Breaking News: Mayora and Astra Offices Occupied in Merauke.

Published: AUGUST 12, 2013

Around 100 people from the SSUMAWOMA Malind Woyu Maklew Intellectual Forum are currently occupying PT Mayora and PT Astra’s company offices on Jalan Ternate, Merauke City.

The occupation started at 11.00 local time, involving youth and community members from the Malind Muli Woyu Maklew sub-ethnic group, from villages such as Wamal, Dokib, Wambi, Dodalim and Kimam.

Their demand is that the two companies stop their operations and drop their investment plans for sugar-cane plantations in Okaba, Ngguti, Tubang and Ilwayab. At the time of writing, two hours after the action started, the companies had yet to respond to the people’s demands. The action was being guarded by dozens of local police.

Recently it was reported that the companies had used Brimob military police and the accusation of separatism to force people in affected villages to accept an agreement with the company.

After villagers in Yowid village reported that they had been intimidated into signing PT Mayora’s document, the SSUMAWOMA forum recorded video testimony of the elders who had been forced to sign (which can be watched here:https://awasmifee.potager.org/?p=472 ).

Then yesterday ( Sunday 11/8) the SSUMAWOMA forum organised a meeting and press conference in the Payum beach area of Merauke city. As tabloidjubi.com reported the discussion, there was heated argument between the people attending, but in the end all present were agreed on the need to oppose the two companies.

Aside from the intimidation experienced in Yowid, the discussion focussed on some of the other impacts that villagers are already experiencing as companies engage in the first phase of their plans, to survey the land and open negotiations with indigenous landowners. From Tabloid Jubi’s report:

A well-known Marind intellectual, Leonardus Moyuend, explained how villagers in the area were already feeling the pressure and can no longer sleep well. They also cannot go about their everyday activities as before, knowing about the companies’ plans to start operations around their villages. “To be honest, when the companies move in, it totally destroys the arrangement between one village and its neighbours,” he explained.

The problem, Leonardus continued, was that each village would make different claims about the boundaries of their land. “We never ad clear information from the government about this major program. If there is really a desire for companies to operate here, then all concerned parties such as the District Legislative Council, indigenous leaders from each village and other stakeholders should sit down with the government and investors and start discussions again from the beginning”, he said.

Instead what has been happening, he said, is that companies move in to the different villages on the quiet and then tell some of the people there that they are going to invest. “This is a really bad method the companies are using. It is the reason we have a strong commitment to resist the various areas of work they are focussing on”, he said.

He added that village elders had already given a mandate to local intellectuals to speak out and make interventions to oppose investment activities in their villages “We will never stay passive in the face of the companies’ efforts” he stated.

Meanwhile, an indigenous leader from kampung Wambi, Wilhelmus Bole Kaize said that he had already held meetings together with local indigenous people around ten times. The outcome was always that the people of that village opposed investment. The reason was because it would destroy the natural environment the people had taken care of through the years.

According to him, the area around Kampung Wambi should be used for tourism and culture. The outlook could be promising. In that way, there would be no more possibilities for corporate investors to move in. “We are completely agreed to resist the investors,” he said.

Three years after the MIFEE megaproject was launched, opening up Merauke Regency to plantation companies, initiatives by local people to organise to resist the companies appear to be on the increase. While the SSUMAWOMA forum is mostly concerned with the western part of the MIFEE area, a week ago on August 3rd another meeting brought together villagers from all over the central area of Merauke Regency. In that area companies such as Medco, Rajawali and Wilmar are operating and land is also being taken over for agriculture by transmigrants. That meeting also demanded that the government withdraw the permits for companies that are destroying the forest.

Johanes Mahuze, from Tanah Tinggi explained the predicament: “Real Marind people live with the land and the forest and wildlife are kept safe. We sit, we stand and we live from the land. We carry out our traditional rituals from the land and the forest, and the animals provide our food. If the land, forest and animals are all gone and we no longer own them, then the Marind Anim people are wiped out and become Plastic Marind, having to buy what we need for our traditions from the shops. We don’t want to become Plastic Marind”.

We will try to provide information on the outcome of the occupation action when we receive it.

Sources: Jubi http://tabloidjubi.com/2013/08/11/investor-bawa-konflik-bagi-masyarakat-di-kampung-kampung/#

Pusaka http://pusaka.or.id/musyawarah-wendu-meminta-pemerintah-menghentikan-izin-pemberian-lahan-untuk-perusahaan/

Action report received via email.

This entry was posted in Merauke News and tagged Astra Group, Community Resistance, FORMASI SSUMAWOMA, Mayora Group, Office Occupation. Bookmark thepermalink. Comments are closed, but you can leave a trackback: Trackback URL.