INDONESIA: Military members shot civilians and burned their properties in Wamena, West Papua 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding an attack conducted by members of Battalion 756 Wimane Sili towards civilians in Kampung Honai Lama west of Wamena on 6 June 2012. The attack was conducted by the military following the stabbing of two of its members by the residents of Kampung Honai Lama after they had hit a 10 year old boy while they were riding a motorcycle at high speed. It is reported that the battalion indiscriminately shot and stabbed the civilians, burned their houses and destroyed their property. One civilian was killed, 13 others were injured and 87 houses were burned. (Photo: houses burned in Kampung Honai Lama. Source: local activists).

CASE NARRATIVE:

According to local activists, on 6 June 2012 at around 10am, Pratu. Sahlan and Prada Parloi Pardede who were the members of Batallion 756 Wimane Sili were riding a motorcycle at high speed to Wamena. As they were riding the motorcycle, they hit a 10 year old boy named Kevin Wanimbo who was instantly taken to the emergency room of the nearby hospital. This has caused the anger amongst the local residents who later attacked the two members of Battalion 756 Wimane Sili that Pratu. Sahlan died while Prada Parloi Pardede was severely injured.

At around 12pm on the same day, the other members of Batallion 756 Wimane Sili came to Kampung Honai Lama and opened fire at the civilians. Local villagers were beaten up with wood blocks and stabbed by the military members. A witness reported that the military members burned the villagers’ houses and smashed the glasses of the windows. Vehicles parked in front of the houses were also burned and some public facilities were destroyed, including an electricity pole located in Potikelek Market. Reports received by the AHRC mentioned that the military members arrived in two trucks but the total number of officers who came to the village is unconfirmed. The attack took place on Irian Street, Yos Sudarso Street, Trikora Street and Sinakma Kimbim Street. It resulted in the death of Elinus Yoman who was shot to death and the injury of 13 others. Eight of them are severely injured as they were stabbed about their heads, backs, knees, arms, thighs, necks and other part of their bodies. The victims have been taken to Wamena Hospital to receive medical treatment. (Photo: one of the victims being treated in the hospital. Source: local activists).

The arson of houses committed by the military members has left some of the local residents homeless who fled to other villages to save themselves. Villagers are afraid to return as they continue to be afraid of retaliation actions.

ADDITIONAL INFORMATION:

Crimes committed by security officers in Papua provinces are hardly punished. In cases where the perpetrators are brought to the court, the punishments imposed on them are mostly disproportionate and do not reflect the gravity of their crime. For this reason, in the latest UN Universal Periodic Review on Indonesia, the representatives of Germany specifically raised the issue of impunity for security officers in Papua. The impunity has led to the disappointments and distrust of the local people towards the criminal justice system.

According to the Indonesian Penal Code, the killing, arson of houses and properties destruction conducted by the members of Batallion 756 Wimane Sili amounted to crimes that should be punishable. Article 338 of the Penal Code, for instance, prohibits murder carries a maximum punishment of 15 years imprisonment. Arson is a crime under Article 187 of the Penal Code and those who responsible for such act might be punishable for maximum 12 years of imprisonment if the arson posed threats to properties. If it posed threats to the life of individuals, the perpetrators might be sent to a maximum punishment of 15 years imprisonment. Several articles of the Penal Code criminalise properties destruction, for instance, Article 191bis that specifically prohibits the destruction of electronic pole.

However, under Article 9 paragraph (1) of Indonesian Law No. 31 Year 1997 on the Military Court, military members who commit crimes should be brought to the Military Court instead of the Criminal Court. Military members who committed crimes, therefore, are subject only to an investigation and trial by an internal mechanism therefore often criticised for its lack of transparency and accountability.

According to the 8th Principle of the Principles Governing the Administration of Justice through Military Tribunals, ‘the jurisdiction of military courts should be limited to offences of a strictly military nature committed by military personnel.’ The commentary of the principle further explains that ‘the jurisdiction of military tribunals to try military personnel or personnel treated as military personnel should not constitute a derogation in principle from ordinary law, corresponding to a jurisdictional privilege or a form of justice by one’s peers. Such jurisdiction should remain exceptional and only to the requirements of military service.’

SUGGESTED ACTION:
Please write to the authorities listed below urging them to ensure the investigation and the trial of those who responsible for the attacks against civilians in this matter. Please call them to try the military officers involved in this case in an open and independent court that applies criminal law. The punishment imposed to them should be proportionate thus reflects the gravity of the crimes they committed. Equally important, please call for the revision of the Military Court Law so that military officers who commit ordinary crimes to be punished in a criminal court.

The AHRC is writing a separate letter to the UN Special Rapporteur on the Independence of Judges and Lawyers, Special Rapporteur on Adequate Housing, and the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions asking for their intervention in this case.

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