Dear Friends,
The Asian Human Rights Commission (AHRC) has received updated information from the Commission for the Disappeared and Victims of Violence (KontraS), a national human rights organization, regarding the trial of Mr. Isak, who was tortured to death by military personnel. So far, the trial in the Military Court III-19, Jayapura, Papua has only examined testimony from police officers and military personnel as witnesses, failing to examine witnesses from the victim’s family. In particular, the victim’s two sisters must be heard, as they saw Mr. Isak’s injuries while he was in police custody. They are not able to attend the court hearings due to economic difficulties.
UPDATED INFORMATION:
Based on the monitoring by KontraS, there have been five hearings in the trial of Mr. Isak Dewayekua, who was tortured to death by military personnel in the Military Court III-19 Jayapura, Papua with registration number 62-K/PM.III-19/AD/V/2018. The three military personnel suspected of torturing Mr. Isak to death are being prosecuted under Law No. 31 of 1997 on the Military Court.
In the trial, the Military Judges examined two police officers and four army personnel as witnesses. These witnesses testified with regard to the torture allegations. However, the judges failed to examine witness from the victim’s family; the two younger sisters of Mr. Isak. Despite the two younger sisters having been officially invited by the court, they have not been able to attend the court as their home is far away and they have no money for transportation. The sisters’ testimony is very important, as one of them was the first person to see Mr. Isak with serious injuries in the Kimaam police custody. One of the sisters was also solicited for sexual favours by one of the suspects, Mr. Abiatar.
SUGGESTED ACTION:
Please write to the authorities listed below and ask them to ensure that the judges and prosecutors of the Military Court III-19, Jayapura examine the testimony from the victim’s sisters. To this end, the court must facilitate the transportation of the witnesses as regulated by Article 5, Paragraph 1 of Law No 31 of 2014 on the Protection for Victims and Witnesses. Further, the Agency for Victims and Witness Protection (LPSK) must ensure protection for the witnesses. Only then can the trial examine the comprehensive facts and ensure justice and adequate remedy for the victim and his family. The Chief of Indonesian Military must also ensure that the Military Court will be accountable and accessible to the public and media. In addition, the Judicial Commission must proactively monitor the trial process.
The AHRC will write a separate letter to the UN Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions and the Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, calling for their intervention into this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
INDONESIA: Military court III-19 Jayapura must examine witnesses from victim’s family
Name of victim: Mr. Isak Dewayekua
Names of alleged perpetrators: Sergeant First Class La Dilli Wance, Private Fredrik Pattiasina, Private Abiatar Harri, all Army Personnel of Yonif 755/Yalet Papua
Date of incident: 18 to 19 November 2017
Place of incident: Kimaam District, Merauke Regency, Papua Province
I am writing to voice my deep concern regarding the trial of Mr. Isak, who was tortured to death by military personnel. So far, the trial in the Military Court III-19, Jayapura, Papua has only examined testimony from police officers and military personnel as witnesses, failing to examine witnesses from the victim’s family. In particular, the victim’s two sisters must be heard, as they saw Mr. Isak’s injuries while he was in police custody. They are not able to attend the court hearings due to economic difficulties.
Based on the monitoring by KontraS, there have been five hearings in the trial of Mr. Isak Dewayekua, who was tortured to death by military personnel in the Military Court III-19 Jayapura, Papua with registration number 62-K/PM.III-19/AD/V/2018. The three military personnel suspected of torturing Mr. Isak to death are being prosecuted under Law No. 31 of 1997 on the Military Court.
In the trial, the Military Judges examined two police officers and four army personnel as witnesses. These witnesses testified with regard to the torture allegations. However, the judges failed to examine witness from the victim’s family; the two younger sisters of Mr. Isak. Despite the two younger sisters having been officially invited by the court, they have not been able to attend the court as their home is far away and they have no money for transportation. The sisters’ testimony is very important, as one of them was the first person to see Mr. Isak with serious injuries in the Kimaam police custody. One of the sisters was also solicited for sexual favours by one of the suspects, Mr. Abiatar.
Therefore, I respectfully request you to ensure that the judges and prosecutors of the Military Court III-19, Jayapura examine the testimony from the victim’s sisters. To this end, the court must facilitate the transportation of the witnesses as regulated by Article 5, Paragraph 1 of Law No 31 of 2014 on the Protection for Victims and Witnesses. Further, the Agency for Victims and Witness Protection (LPSK) must ensure protection for the witnesses. Only then can the trial examine the comprehensive facts and ensure justice and adequate remedy for the victim and his family. The Chief of Indonesian Military must also ensure that the Military Court will be accountable and accessible to the public and media. In addition, the Judicial Commission must proactively monitor the trial process.
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. Air Chief Marshal Hadi Tjahjanto
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
5. 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
6. 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
7. 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
8. Mr. Aidul Fitriciada Azhari
Chairperson of The Judicial Commission
Jalan Kramat Raya No. 57 Jakarta Pusat
INDONESIA
Tel: +62 21 3905876
Fax: +62 21 3906215
Email: pengaduan@komisiyudisial.go.id
9. Mr. Ahmad Taufan Damanik
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)
