INDONESIA: Two teenagers are arrested and detained for two weeks over fabricated charges in Paniai, Papua

Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the arrest and detention of two teenagers based on fabricated charges in Paniai, Papua. The police arrested them after finding a woven bag filled with a cartridge and other materials associated with pro-independence movement, which did not belong to either of them but was left by a stranger just before the police came. The police told the media that the two teenagers are members of a pro-independence group yet the spokesperson of the group has claimed that the arrested individuals are not members.

CASE NARRATIVE:

According to a local activist, Alpons Gobay (15 year old) and Menny Gobay (18 year old) just returned from grocery shopping on 25 February 2013 when they found a stranger sitting in their house in Bobaigo Village, Enarotali, East Paniai. The stranger, who managed to get in as the house was unlocked, explained to Alpons and Menny that he was just taking a rest and would like to go fishing not far from Bobaigo Village. Convinced that the stranger would not pose any harm to them, Alpons and Menny carried on preparing meals for their lunch.

The stranger suddenly left the house as Alpons and Menny started cooking lunch. Both Alpons and Menny thought the stranger would be back as he left his noken (Papuan woven bag). However, as they were cooking at around 10am, a joint police and military force consisted of approximately 45 officers surrounded their house. The force asked Alpons and Menny to surrender themselves otherwise they would open fire. Some of the police and military officers entered the house and dragged Alpons and Menny out. The police and military officers kicked and beat Alpons and Menny. The officers also hit Alpons and Menny with their guns before taking them to Paniai District Police Station in a car. The beatings continued during the journey from Bobaigo Village to the police station as well as during the interrogation process. As a result, both victims’ forehead, lips, head and arms were wounded. Alpons and Menny also suffer from pain in their ribs.

In the interrogation, the police showed Alpons and Menny the materials inside the noken they seized from the house. However, the noken the police seized belongs to the stranger, not to Alpons or Menny. The police found a handheld transceiver, a 7.56 caliber cartridge, a mobile phone, two TPN-OPM (Free Papua Movement’s Military Wing) identity cards which do not belong to neither Alpons nor Menny, and a woven craft with Morning Star flag –a pro-independence symbol- motive in it. Both Alpons and Menny have been charged with a provision under Emergency Law No. 12 Year 1951 on Fire Arms and Explosive which carry the punishments of death sentence, life imprisonment, or temporary imprisonment for a period of 20 years.

To the media, the Indonesian National Police claimed that they have arrested two members of the Free Papua Movement (Organisasi Papua Merdeka, OPM) on 26 February 2013. The Papua Regional Police’s Head of Community Relations I Gede Sumerta Jaya claimed the individuals they arrested, ‘AG’ and ‘PG’, were involved in a number of shootings in Paniai, the hostage of nine employees of a construction company, and the abduction as well as rape of a woman in Paniai. However, he only mentioned that ‘AG’ and ‘PG’ are criminally charged with an article on possession of fire arms and explosive materials.

The latest update received by the AHRC from a local activist reveals that Alpons and Menny were released on 11 March 2013.

Responding to the police’s statement regarding the arrest of Alpons and Menny who they claimed as to be the members of OPM, the spokesperson of TPN-OPM in Paniai, Leo Yeimo, stated that none of his members have been arrested by the police and the military. He clarified that Alpons and Menny are only civilians and not members of TPN-OPM.

ADDITIONAL INFORMATION:

A report sent by a local activist to the AHRC reveals that during February-March 2013 only at least 12 civilians have been subject to arbitrary arrest and detention by the joint force of the Indonesian National Police and the Indonesian Military. Most of them were arrested and detained because the police suspected they were involved in the pro-independence movement.

Previously on 7 February 2013, the joint force raided Ipakiye Village and arrested six civilians on false allegation on their involvement with the OPM. In the raid, four members of the joint force molested a pregnant woman and assaulted her 18 month old baby. The day before the raid in Ipakiye Village, on 6 February 2013, a civil servant was arrested and detained for six nights at Paniai Sub-District Police station on the false allegation of his involvement in the activities of OPM. In addition to that, the report informs that a civilian was arrested by the police on 11 March 2013 for a fabricated charge on murder. The police beat him during the arrest to the point where his lips were bleeding.

The AHRC has published several cases concerning the arrest of Papuans by Indonesian law enforcement officials for unreasonable allegation on their involvement with the pro-independence group. On 27 November 2012, Frengky Uamang was arrested as the police suspected that he had provided food for the members of OPM. Frengky was severely tortured for two days so that he was not able to walk after the police released him and found out that he was not involved with the OPM. Earlier this year on 15 February 2013, the police also arrested and tortured seven civilians in Jayapura in two separate occasions on the basis of having a relationship with the pro-independence group.

Under Indonesian law, victims of arbitrary arrest and detention may submit a complaint to the District Court demanding for rehabilitation and compensation. They may also submit a complaint to the Professionalism and Security Unit (Propam), a monitoring mechanism within the police, but the proceeding is not impartial, not transparent and, at its best, will only lead to disciplinary punishment of the responsible police officers.

SUGGESTED ACTION:
Please write to the listed authorities below asking them to ensure those responsible for the arbitrary arrest and detention as well as the torture of Alpons Gobay and Menny Gobay are brought to justice. Please also urge them to stop the arrest of individuals based on arbitrary allegations which have been taking place in Paniai and other parts of Papua. Both Alpons and Menny should be granted adequate compensation, including medical treatment for their injuries.

The AHRC is writing separately to the UN Working Group on Arbitrary Arrest and Detention as well as the UN Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment requesting for their intervention in this case.

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