Dear Friends,
The Asian Human Rights Commission (AHRC) has received information regarding allegations of gross violation of human rights, which has resulted in five students being killed and 17 others getting injured in Paniai Regency, Papua Province, Indonesia. Up until now, the law enforcement agency and the National Commission on Human Rights (Komnas HAM) have yet made any progress in prosecuting the perpetrators who committed the crime. Ironically, recently Komnas HAM had stated that it does not have enough money to run the investigation team (KPP HAM Paniai), which has been established since 7 May 2015, based upon Law No. 26 of 2000 on Human Rights Courts.
CASE NARRATIVE:
On 8 December 2014, at around 1.30 am, a black car, which appeared to be akin to a Toyota Fortuner, was traveling from Enaro to Madi City. Wwo military personnel (known as special team of military/TNI) were driving the vehicle. As the car was running without lamp, three indigenous Papuan teenagers stopped the car and requested the light to be turned. This request is representative of many local residents maintaining security in their places in the lead up to Christmas.
The action of the three teenagers made the two military personnel angry. They turned their car back to the military office in Madi City, and invited other military personnel to Togokotu, the place where the three teenagers stopped the car. When they reached the location, some of the military personnel chased the three teenagers; two of them ran away. The military personnel surrounded one of the teenagers. They kicked and beat him until he began bleeding and finally fainted. Then, the military personnel left the location, and the local community brought the victim to the local hospital.
On December 9, in the morning, the residents of Paniai gathered in the Gobay Karel Field and demanded the military take responsibility for the teenager who was beaten. The residents also burned down the car, which had been used by the military personnel to attack the Paniai residents. Suddenly, the military and the police began shooting at the residents; this resulted in four people dying. At least 17 others were brought to the hospital injured. One of the residents died in Madi Hospital. So a total of five residents died as a result of the police and military actions.
On 9 January 2015, the National Commission on Human Rights (Komnas HAM) stated that its monitoring team had founded four allegations of gross violations of human rights in the actions of the police and military, namely: firstly, violation of the right to life; secondly persecution; thirdly, violation of the protection of the right to child; fourthly, right to security.
Mr. Manager Nasution, a commissioner of Komnas HAM stated that the monitoring team has conducted field examination and has interviewed several parties, including police officers and the families of victims. But the team has yet to interview the military personnel, because the team is still waiting for the order of the military command and the Chair of Komnas HAM.
Furthermore, in order to follow up the result of the monitoring team, Komnas HAM, on 7 May 2015, established inquiry team (known KPP HAM) to further investigate the Paniai case. The mandate of the team is based upon Law No. 26 of 2000 on Human Rights Courts. Nonetheless, since the establishment of KPP HAM for the Paniai case, the team has not yet conducted field investigations. On the contrary, on June 2015, Komnas HAM stated that it does not have enough funds to do field investigation in Paniai, Papua Province.
The Komnas HAM’s statement has caused public protests, and one of the civil society elements that protested the statement is the Independent Student Forum (FIM), majority being indigenous Papuan students. They held a public protest, as well as collected public funds for KPP HAM. FIM finally collected IDR 608.000 and the money has been given to Mr. Frits Ramandei, an official of Komnas HAM Papua (branch office of Komnas HAM in Papua).
ADDITIONAL INFORMATION:
The Paniai incident took place three months after Joko Widodo became President in September 2014. During the presidential campaign, Joko Widodo, a presidential candidate, and Jusuf Kalla, a vice presidential candidate, promised to listen to indigenous Papuans voices, develop Papua and West Papua provinces, and stop any pattern of human rights violations that have been occurring in Papua and West Papua provinces. On the first day of his presidential campaign, Joko Widodo even started his campaign in Papua to show his seriousness that indigenous Papuans must be treated equally just like citizens in other provinces of Indonesia.
However, since President Joko Widodo took power, human rights violations continue to occur in Papua and West Papua provinces. For instance, indigenous Papuans have been charged with treason; the AHRC documented the same in its urgent appeal AHRC-UAC-057-2015. The AHRC also documented that around 90 indigenous Papuans are still languishing in jail as political prisoners (see the AHRC Open Letter). Furthermore, the Asian Legal Resource Center (ALRC), a sister organization of the AHRC, has also documented the case of extreme restriction to the right to freedom of assembly and opinion and also the right to freedom of expression in Papua and West Papua provinces. Several indigenous Papuan students have been arrested when they have conducted peaceful demonstrations (see the reports here and here).
SUGGESTED ACTION:
Please write to the authorities listed below, asking them to ensure that the military personnel and police officers who committed murder and the unconscionable attack in Paniai be held accountable without undue delay. President Joko Widodo must fulfill his promises to stop any pattern of human rights violations in Papua and West Papua provinces, and properly investigate such cases and prosecute the perpetrators, ensuring fair trials. Moreover, President Joko Widodo must order the Chief of National Police and the Chief of National Army to cooperative and ensure proper investigation is conducted in relation to the military personnel and the police officers who were involved in this set of crimes so that they can be brought to court. Lastly, the Government must provide adequate remedies for victims and the family of victims without any distinction.
The AHRC is writing a separate letter to the UN Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the UN Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions, and the UN Special Rapporteur on the rights of the indigenous peoples, calling for their intervention into this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ………………..,
INDONESIA: The police and military attack and kill 5 teenagers, injure 17 others, in Papua
Name of victims (The victims who have been killed):
1. Simon Degei (18 years old)
2. Otianus Gobai (18 years old)
3. Alfius Youw (17 years old)
4. Yulian Yeimo (17 years old)
5. Abia Gobay (17 years old)
Name of victims (The victims who injured and hospitalized):
1. Oni Yeimo
2. Yulian Mote
3. Oktovianus Gobay
4. Noak Gobai
5. Bernadus Magai Yogi
6. Akulian Degey
7. Agusta Degey
8. Andarias Dogopia
9. Abernadus Bunai
10. Neles Gobay
11. Jerry Gobay
12. Marice Yogi
13. Oktovianus Gobay
14. Yulian Tobai
15. Yuliana Edoway
16. Jermias Kayame
17. Selpi Dogopia
Alleged perpetrators:
1. The Indonesian Police (POLRI)
2. Indonesian Military (TNI)
Date of incident: 8 December 2014
Place of incident: Paniai, Papua Province
I am writing to voice my deep concern regarding allegations of gross violation of human rights, which has resulted in five students being killed and 17 others getting injured in Paniai Regency, Papua Province, Indonesia. Up until now, the law enforcement agency and the National Commission on Human Rights (Komnas HAM) have yet made any progress in prosecuting the perpetrators who committed the crime. Ironically, recently Komnas HAM had stated that it does not have enough money to run the investigation team (KPP HAM Paniai), which has been established since 7 May 2015, based upon Law No. 26 of 2000 on Human Rights Courts.
On 8 December 2014, at around 1.30 am, a black car, which appeared to be akin to a Toyota Fortuner, was traveling from Enaro to Madi City. Wwo military personnel (known as special team of military/TNI) were driving the vehicle. As the car was running without lamp, three indigenous Papuan teenagers stopped the car and requested the light to be turned. This request is representative of many local residents maintaining security in their places in the lead up to Christmas.
The action of the three teenagers made the two military personnel angry. They turned their car back to the military office in Madi City, and invited other military personnel to Togokotu, the place where the three teenagers stopped the car. When they reached the location, some of the military personnel chased the three teenagers; two of them ran away. The military personnel surrounded one of the teenagers. They kicked and beat him until he began bleeding and finally fainted. Then, the military personnel left the location, and the local community brought the victim to the local hospital.
On December 9, in the morning, the residents of Paniai gathered in the Gobay Karel Field and demanded the military take responsibility for the teenager who was beaten. The residents also burned down the car, which had been used by the military personnel to attack the Paniai residents. Suddenly, the military and the police began shooting at the residents; this resulted in four people dying. At least 17 others were brought to the hospital injured. One of the residents died in Madi Hospital. So a total of five residents died as a result of the police and military actions.
On 9 January 2015, the National Commission on Human Rights (Komnas HAM) stated that its monitoring team had founded four allegations of gross violations of human rights in the actions of the police and military, namely: firstly, violation of the right to life; secondly persecution; thirdly, violation of the protection of the right to child; fourthly, right to security.
Mr. Manager Nasution, a commissioner of Komnas HAM stated that the monitoring team has conducted field examination and has interviewed several parties, including police officers and the families of victims. But the team has yet to interview the military personnel, because the team is still waiting for the order of the military command and the Chair of Komnas HAM.
Furthermore, in order to follow up the result of the monitoring team, Komnas HAM, on 7 May 2015, established inquiry team (known KPP HAM) to further investigate the Paniai case. The mandate of the team is based upon Law No. 26 of 2000 on Human Rights Courts. Nonetheless, since the establishment of KPP HAM for the Paniai case, the team has not yet conducted field investigations. On the contrary, on June 2015, Komnas HAM stated that it does not have enough funds to do field investigation in Paniai, Papua Province.
The Komnas HAM’s statement has caused public protests, and one of the civil society elements that protested the statement is the Independent Student Forum (FIM), majority being indigenous Papuan students. They held a public protest, as well as collected public funds for KPP HAM. FIM finally collected IDR 608.000 and the money has been given to Mr. Frits Ramandei, an official of Komnas HAM Papua (branch office of Komnas HAM in Papua).
I respectfully request you to ensure that the military personnel and police officers who committed the acts of murder and brutal attack in Paniai must be held accountable without undue delay.
President Joko Widodo must fulfill his promises to stop any pattern of human rights violations in Papua and West Papua provinces, and ensure proper investigation and prosecution of such cases with fair trial standard.
Moreover, President Joko Widodo must order the Chief of National Police and the Chief of National Army to cooperate and ensure the military personnel and the police officers who were involved in this set of crimes are investigated and be brought to court.
Lastly, the Government must provide adequate remedy for victims and family of victims without any distinction.
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
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. 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. Mr. Danang Girindrawardana
Chairperson of Ombudsman of Republic of Indonesia
Jl. HR. Rasuna Said Kav.
C-19 Kuningan (Gedung Pengadilan TIPIKOR)
Jakarta Selatan
INDONESIA
Tel: +62 21 52960894/95
Fax: +62 21-52960904/05
5. General Gatot Nurmantyo
Chief of Indonesian Military
Mabes TNI Cilangkap
Jakarta Timur
INDONESIA
Tel: +62 21 84595576, +62 21 8459-5326
Fax: + 62 21 84591193
Email: ppidtni@puspen.tni.mil.id
6. General Badroedin Haiti
Chief of National Police
KAPOLRI
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
7. Inspector General Pol Yotje Mende
The Chief of Police Area of Papua [KAPOLDA]
Jalan. Sam Ratulangi No. 8, Papua 99112
INDONESIA
Tel : +62 967 531014
Fax : +62 967 533763
8. Mr. Tedjo Edhy Purdijatno
Chairperson of National Police Commission
Jl. Tirtayasa VII No. 20
Kebayoran Baru, Jakarta Selatan
INDONESIA
Tel: +62 21 739 2315
Fax: +62 21 739 2352
E-mail: secretariat@kompolnas.go.id, skm@kompolnas.go.id
9. Mr. Nur Kholis
Chairperson
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
10. Mr. Mahfudz Siddiq
Chairperson
Commission one of the House of Representative [DPR]
Gedung Nusantara II DPR RI, Lt I
Jalan Jenderal Gatot Subroto
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
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
