INDONESIA: Police shot civilians in a petty fight in Papua resulted in one person died and four others injured 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the death of a civilian and the injury of five others after the police shot them in a petty fight in Degeuwo, Papua, on 15 May 2012. The five civilians were having an argument with the owner of a billiard parlour they were visiting. The owner of the parlour called the police and three officers arrived and became involved in a fight with the civilians. None of the civilians were armed at that time.

CASE NARRATIVE:

According to KontraS and local activists in Papua, on 15 May 2012 at around 6.30pm, Lukas Abaa, Yulianus Kegepe and Amos Abaa came to a billiard parlour located in the Degeuwo gold mining area, at location No. 45. They came to the parlour to play some games but, due to misunderstandings between them and the owner of the parlour, ended up having an argument with the non-Papuan owner, Mrs. Yona. She was upset because Lukas and his friends insisted to play there despite her refusal to their visit. (Photos: Yulianus Kegepe after the shooting. Source: local activist).

Due to the argument, Mrs. Yona decided to call the Mobile Brigadier (Brimob) Post Commander at location No. 99. Soon after she made the phone call, three police officers came and asked the four Papuans to leave. Lukas and his friends disregarded the police request and the police respoinded by shooting Amos Abaa in his left leg. Right after the shooting, Melianus Kegepe who lives nearby came because he could hear the shooting. Seeing Amos was injured by the police, Lukas, Melianus, and Yulianus wanted to fight back. One of the officers opened fire against them and it resulted in the death of Melianus who was shot in his stomach. Yulianus and Lukas attempted to escape but the police officers shot them as they were running away. Yulianus was shot in his waist and Lukas was shot in the back. Selpius Kegepe, who was around the location at that time, heard the shooting and attempted to attack the officers to stop them. He, however, was also shot in his right arm. He and the other gunshot victims were later brought to Jayapura and Nabire hospitals. The last information that AHRC received in relation to the officers who committed the shooting is that they were under investigation by the Profession and Security Division, an internal disciplinary mechanism, of Papua Regional Police. (Photos: Lukas Kegepe. Source: local activists).

ADDITIONAL INFORMATION:

The Chief of the Indonesian National Police Regulation No. 1 Year 2009 on The Use of Force establishes that live ammunition should be used only to stop activities which threat the safety of public or the police. The Regulation also establishes that the use of lethal weapons including live ammunitions should be used as a last resort, in accordance with international human rights law which upholds that law enforcement officials may use force and firearms only in a situation where it is strictly necessary. In addition to the ‘necessity’ principle, the police is also obliged to adhere to the ‘proportionality’ principle in using force and firearms, as stipulated in Principle No. 5 of the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials. The Basic Principles also set out that the arbitrary or abusive use of force and firearms by law enforcement officials should be punished as a criminal offence.

Indonesia is a state party to the International Covenant on Civil and Political Rights (ICCPR), article 6 of which guarantees the right to life of everyone. The right to life as stipulated in the ICCPR does not merely mandate the state parties to refrain from any unlawful or arbitrary deprivation of life, but also to conduct effective investigations into situations where state officials have been responsible for the taking of life. The failure of the relevant authorities to conduct investigation in this case, therefore, is a further violation of the right to life.

SUGGESTED ACTION:
Please urge the authorities listed below to ensure an independent and effective investigation in this case to take place. The officers who conducted the shooting should be tried by an open and independent court which applies criminal law. Please also call the Indonesian government to provide remedies for the victims and their families.

The AHRC is writing separately to the UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions as well as the Special Rapporteur on Torture and other Cruel, Inhuman or Degrading Treatment or Punishment to ask for their intervention in this matter.

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