Dear Friends,
The Asian Human Rights Commission (AHRC) has received information from the local network in Papua about torture against Mr. Niko Hisage, committed by army Sergeant Major Lucas and two other army personnel from the sub-district military command of Wamena city. Without any evidence, the military accused Mr. Niko, an indigenous Papuan, of selling three cows belonging to Sergeant Major Lukas. Niko was tortured and forced to confess. Subsequently, the military refused to investigate the case and also refused to compensate the victim. Considering that the victim is a civilian, the police should take over the investigation process; as of now however, the police have yet to investigate, leaving the perpetrators to walk free.
CASE NARRATIVE:
On 22 June 2017, at around 5:30 a.m., Sergeant Major Lukas Mulai phoned Mr. Niko Hisage, and informed that he will come to Niko’s house. After a 400-meter walk, Sergeant Major Lukas arrived at Niko’s house, and Niko invited him to drink coffee before opening the conversation. However, Sergeant Major Lukas refused to drink the coffee and suddenly asked Niko about three cows, accusing Niko of illegally selling the cows. Niko said that he did not know about the cows and never sold such cows.
As Niko refused to confess, Sergeant Major Lukas demanded the matter be resolved at the Jayawijaya police office (Polres Jayawijaya). Niko agreed, and asked his wife to accompany him to the Jayawijaya police office. Niko and his wife then went to Wamena, and when they reached Trikora street, near orphanage Pelangi II Wamena, suddenly Sergeant Major Lukas changed the destination to the sub-district military command (Koramil) of Wamena city.
Then Niko and his wife walked to Koramil Wamena city, and reached the Koramil office at 9:30 a.m. After informing the military personnel in the front office, Niko was interrogated by Sergeant Major Lukas and two army personnel. In the interrogation, they tried to intimidate and force Niko to confess that he had sold the three cows in order to celebrate Eid recently. However, Niko insisted that he did not sell the cows and did not know anything about the cows.
Then Sergeant Major Lukas and two other military personnel repeatedly punched Niko’s face, resulting in his eyes being bruised and swollen. Further, they also repeatedly kicked Niko’s leg and shinbone with their military shoes. Niko suffered serious mental trauma as well.
One of the military personnel stated that, “it is good that you come with your wife, if you were alone your life will end.” In addition, the military stated “your face will be putting behind and your back will be putting in the front.” Niko’s mouth was also bleeding and the military personnel ordered him to drink the blood. Before letting Niko go, the officers said, “we will search the cows, if the cows were missing, we will shoot all Minimo people until our bullets finish.”
After beating Niko severely, they took him to the bathroom and flushed him with cold water. Then they ordered him to crawl away on his stomach. Finally, at 4 p.m., Niko was released, and his wife took him to a public hospital in Wamena.
ADDITIONAL INFORMATION:
Niko along with his family and also local human rights defenders tried to address this matter by discussing with the military commander, but as he was not in the office, they went to the higher military institution in that area namely Military Command 1702 of Jayawijaya regent (Kodim 1702). In the Kodim 1702 they met with vice commander of Kodim 1702 (Kasdim), who requested them to resolve the matter through dialogue or mediation process.
Hence on July 3, they attended a meeting at Kodim 1702, and demanded the military to pay compensation amount IDR 50,000,000, – (Fifty Million Rupiah). The vice commander of Kodim 1702 promised them that compensation will be paid when the perpetrators are ready, and they will later be informed about the compensation.
On July 7, Niko and his family accompanied by local human rights defenders came to Kodim 1702 to continue the dialogue, however the military guard stated that only ten people can be involved in the dialogue. When one of the human right defenders phoned the commander of Kodim 1702 to resolve this matter, he replied that, “please bring the case to legal process in the police.” Thus, the dialogue failed.
SUGGESTED ACTION:
Please write to the authorities listed below, asking them to ensure that Sergeant Major Lukas and two other army personnel must be held accountable before the court. The military institution should obey with the law enforcement, rule of law and fair trial principles. Despite the perpetrators will be brought to the military court, under law number 31 of 1997, the court should be transparent and open for public and media access. The National Commission for Human Rights (Komnas HAM), Judicial Commission (KY) and Ombudsman of Republic of Indonesia should be involved to monitor the investigation process and ensure that the perpetrators do not enjoy impunity.
The National Military Commander as well as Army Commander should ensure that the military institution will be open and cooperative with the investigation process. The Military Commander should consistently apply his regulation about prohibition against torture committed by the military personnel (Perpang/73/IX/2010, date 20 September 2010).
The AHRC will write a separate letter to the UN Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment calling for his intervention into this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ………………..,
INDONESIA: Army officers torture indigenous Papuan with no consequences
Name of victims : Mr. Niko Hisage
Names of alleged perpetrators : Sergeant Major Lukas Mulai and two other army personnel from the sub-district military command (Koramil) of Wamena city.
Date of incident : 22 June 2017
Place of incident : Sub-district military command (Koramil) of Wamena city
I am writing to voice my deep concern regarding torture against Mr. Niko Hisage, committed by army Sergeant Major Lucas and two other army personnel from the sub-district military command of Wamena city. Without any evidence, the military accused Mr. Niko, an indigenous Papuan, of selling three cows belonging to Sergeant Major Lukas. Niko was tortured and forced to confess. Subsequently, the military refused to investigate the case and also refused to compensate the victim. Considering that the victim is a civilian, the police should take over the investigation process; as of now however, the police have yet to investigate, leaving the perpetrators to walk free.
On 22 June 2017, at around 5:30 a.m., Sergeant Major Lukas Mulai phoned Mr. Niko Hisage, and informed that he will come to Niko’s house. After a 400-meter walk, Sergeant Major Lukas arrived at Niko’s house, and Niko invited him to drink coffee before opening the conversation. However, Sergeant Major Lukas refused to drink the coffee and suddenly asked Niko about three cows, accusing Niko of illegally selling the cows. Niko said that he did not know about the cows and never sold such cows.
As Niko refused to confess, Sergeant Major Lukas demanded the matter be resolved at the Jayawijaya police office (Polres Jayawijaya). Niko agreed, and asked his wife to accompany him to the Jayawijaya police office. Niko and his wife then went to Wamena, and when they reached Trikora street, near orphanage Pelangi II Wamena, suddenly Sergeant Major Lukas changed the destination to the sub-district military command (Koramil) of Wamena city.
Then Niko and his wife walked to Koramil Wamena city, and reached the Koramil office at 9:30 a.m. After informing the military personnel in the front office, Niko was interrogated by Sergeant Major Lukas and two army personnel. In the interrogation, they tried to intimidate and force Niko to confess that he had sold the three cows in order to celebrate Eid recently. However, Niko insisted that he did not sell the cows and did not know anything about the cows.
Then Sergeant Major Lukas and two other military personnel repeatedly punched Niko’s face, resulting in his eyes being bruised and swollen. Further, they also repeatedly kicked Niko’s leg and shinbone with their military shoes. Niko suffered serious mental trauma as well.
One of the military personnel stated that, “it is good that you come with your wife, if you were alone your life will end.” In addition, the military stated “your face will be putting behind and your back will be putting in the front.” Niko’s mouth was also bleeding and the military personnel ordered him to drink the blood. Before letting Niko go, the officers said, “we will search the cows, if the cows were missing, we will shoot all Minimo people until our bullets finish.”
After beating Niko severely, they took him to the bathroom and flushed him with cold water. Then they ordered him to crawl away on his stomach. Finally, at 4 p.m., Niko was released, and his wife took him to a public hospital in Wamena.
Niko along with his family and also local human rights defenders tried to address this matter by discussing with the military commander, but as he was not in the office, they went to the higher military institution in that area namely Military Command 1702 of Jayawijaya regent (Kodim 1702). In the Kodim 1702 they met with vice commander of Kodim 1702 (Kasdim), who requested them to resolve the matter through dialogue or mediation process.
Hence on July 3, they attended a meeting at Kodim 1702, and demanded the military to pay compensation amount IDR 50,000,000, – (Fifty Million Rupiah). The vice commander of Kodim 1702 promised them that compensation will be paid when the perpetrators are ready, and they will later be informed about the compensation.
On July 7, Niko and his family accompanied by local human rights defenders came to Kodim 1702 to continue the dialogue, however the military guard stated that only ten people can be involved in the dialogue. When one of the human right defenders phoned the commander of Kodim 1702 to resolve this matter, he replied that, “please bring the case to legal process in the police.” Thus, the dialogue failed.
Therefore, I respectfully request you to ensure that Sergeant Major Lukas and two other army personnel must be held accountable before the court. The military institution should obey with the law enforcement, rule of law and fair trial principles. Despite the perpetrators will be brought to the military court, under law number 31 of 1997, the court should be transparent and open for public and media access. The National Commission for Human Rights (Komnas HAM), Judicial Commission (KY) and Ombudsman of Republic of Indonesia should be involved to monitor the investigation process and ensure that the perpetrators do not enjoy impunity.
The National Military Commander as well as Army Commander should ensure that the military institution will be open and cooperative with the investigation process. The Military Commander should consistently apply his regulation about prohibition against torture committed by the military personnel (Perpang/73/IX/2010, date 20 September 2010).
I look forward to your prompt action in this matter.
Yours Sincerely,
……………….
PLEASE SEND YOUR LETTERS TO:
1. Mr. Joko Widodo
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. Mr. Yasonna Laoly
Minister 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. Dr. Mualimin Abdi SH., MH
Director General of Human Rights
Office of the Director General of Human Rights
Jl. HR Rasuna Said Kav. 6–7
Kuningan, Jakarta 12940
INDONESIA
Tel: +62 21 5253006
Fax: +62 21 5253095
4. General Pol. Drs. H.M. Tito Karnavian, M.A., Ph.D
Chief of National Police (KAPOLRI)
Jl. Trunojoyo No. 3 KebayoranBaru, Jakarta Selatan 12110
INDONESIA
Tel: +62 21 384 8537, 726 0306
Fax: +62 21 7220 669
E-mail: info@polri.go.id
5. Inspector General Pol Boy Rafli Amar
The Chief of Police Area of Papua [KAPOLDA]
Jalan. Sam Ratulangi No. 8, Papua 99112
INDONESIA
Tel: +62 967 531014
Fax : +62 967 533763
6. Ms. Poengky Indarti
Commissioner of the National Police Commission
Jl. Tirtayasa VII No. 20
KebayoranBaru, Jakarta Selatan
INDONESIA
Tel: +62 21 739 2315
Fax: +62 21 739 2352
E-mail: secretariat@kompolnas.go.id, skm@kompolnas.go.id
7. Professor. Amzulian Rifai S.H, LL.M, PhD
Chairperson of Ombudsman of Republic of Indonesia
Jl. HR. Rasuna Said Kav. C-19 Kuningan (GedungPengadilan TIPIKOR) Jakarta Selatan
INDONESIA
Tel: +62 21 52960894/95
Fax: +62 21-52960904/05
8. Mr. MahfudzSiddiq
Chairperson of the Commission one of the House of Representative [DPR]
Gedung Nusantara II DPR RI, Lt I
JalanJenderalGatotSubroto, Jakarta,
INDONESIA
Tel : +62 21 5715.520, +62 21 5715.518 / 581
Fax : +62 21 5715. 328 / +62 21 571 5687
Email : bag_pengaduan@dpr.go.id
9. Mr. Abdul Haris Semendawai
Chairperson of the Agency for Victims and Witness Protection
Lembaga Perlindungan Saksi dan Korban (LPSK)
Jalan Raya Bogor KM. 24 No. 47-49, Susukan, Ciracas, RT.6/RW.1, Susukan, Ciracas, Kota Jakarta Timur, Daerah Khusus Ibukota Jakarta 13750
Tel: +62 21 29681560
Fax: +62 21 29681551 / +62 21 29681557
10. M. Imdadun Rahmat
Chairperson of the National Commission on Human Rights (Komnas HAM)
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
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
