Dear friends,
The
Asian Human Rights Commission (AHRC) has received information regarding
the torture of 42 prisoners and detainees by prison guards at Abepura
Correctional Facility on 30 April 2012 following an argument between one
of the detainees, Selfius Bobii, and the Head of the Abepura
Correctional Facility (Abepura Kalapas). The prisoners were beaten,
kicked, hit with wood blocks as well as iron sticks and some of them
were trampled by the prison guards. Their personal items were taken away
and burned. The torture and property destruction took place under the
order of the Abepura Kalapas.
CASE NARRATIVE:
According to several local NGOs such as The Commission for the Disappeared and Victims of Violance in Papua (KontraS Papua), Sekretariat Keadilan, Perdamaian dan Keutuhan Ciptaan (SKPKC)
Fransiskan Papua, Papua Legal Aid Foundation (LBH Papua) and Elsham
Papua, around 12pm on 30 April 2012, the prison guards at Class II.A of
the Abepura Correctional Facility were going to put back and lock the
detainees and prisoners in their cell. Amongst them was Selfius Bobii
who was detained and received punishment for his involvement in the
Third Papuan Congress in October 2011. Selfius had asked the Head of the
Correctional Facility's Security Unit (KPLP), Juwaini, for a permit to
hold a creative activity with other prisoners but his request was
dismissed by the KPLP. This led to an argument between him and the
Abepura Kalapas, Liberti Sitinjak, who heard the conversation of Selfius
and one of his staffs.
The argument between Selfius and the
Kalapas ended with an order from the Kalapas to the prison guards to put
Selfius into isolation. Selfius avoided the prison guards and insisted
that he should not be isolated as he has not done anything wrong.
Other
prisoners who were at their cell witnessed this and they also yelled at
the prison guards asking them to put Selfius back to his cell instead
of to the isolation. Their requests were ignored and the prison guards
put Selfius in an isolated area. The prison guards later went back to
the cells where the prisoners were yelling. The guards were offended
with what the prisoners said so they took them out of their cell and
beat, kicked and hit them with fists, wood blocks and iron sticks. The
prisoners were also whipped with thick ropes supposed to use for
controlling cows. They were also dragged to the yard in front of the
block and were asked to walk whilst they were crouching for about 200
metres. As they were doing this, the guards kept beating and kicking
them. The guards stepped on some of the prisoners and detainees’ fingers
and toes. The guards also kept saying to the prisoners ‘you are all
stupid, that is why you ended up here’. The torture and ill-treatment
took place for about two and a half hours, approximately from
12.30-3.15pm. There were 41 prisoners in total who were treated this way
by twenty prison guards. Two prisoners Hendrik Kenelak and Otto Ikinia
fainted and one, Parmen Wenda, had his arm broken.
Before the
prison guards put the prisoners back to their cell, the Kalapas asked
them to search the cells and took away their personal belongings and
later burned them. Selfius was brought to the Papua Regional Police
Station and was questioned. He did not receive any ill-treatment whilst
he was there and was later sent back to Abepura Correctional Facility on
3 May 2012.
ADDITIONAL INFORMATION:
Principle 6 of
the UN Body of Principles for the Protection of All Persons under Any
Form of Detention and Imprisonment explicitly prohibits the use of
torture and ill-treatment against persons whose liberty are deprived.
The principle also emphasises that no reason can be used to justify any
state officials to conduct torture and ill-treat prisoners. These
principles are in accordance with the provisions under the UN Convention
against Torture and other Cruel, Inhuman or Degrading Treatment or
Punishment (UN CAT) to which Indonesia is a state party since 1998. Yet
although Indonesia has ratified the UN CAT, torture itself has yet to be
criminalised in Indonesia in order to end the ongoing practice. For
this reason, at the first and second Universal Periodic Review of the UN Human Rights Council's session
on Indonesia, several countries urged the Indonesian government to
criminalise torture and to reform its Penal Code in accordance with its
international human rights obligations.
The absence of articles
making torture a punishable crime in Indonesia contributes to the low
investigation rate seen in torture cases in Indonesian criminal
procedure. Torture is often deemed merely as a violation to disciplines
for which, in the majority of cases, the perpetrators received
inadequate or no punishment. Military officers who tortured several Papuans in 2010 as
shown in a video distributed on the internet, for instance, were sent
only to 8 to 10 month imprisonment for disobedience but have not been
held accountable for the torture they committed.
SUGGESTED ACTION:
Please
write to the listed authorities below urging them to ensure the
investigation of the case and the proportionate punishment of the
perpetrators following an impartial trial. Please also urge the relevant
authorities to provide the victims with protection so that they would
not receive any further reprisals. The AHRC writes a separate letter to
the UN Special Rapporteur on torture and other cruel, inhuman or
degrading treatment or punishment for his intervention into this matter.
SAMPLE LETTER:
Dear ___________,
INDONESIA: Prison guards tortured 42 prisoners and detainees at Abepura correctional facility in Papua
Name of victim:
Selfius Bobii, Luis Kossay, Terianus Tabuni, Wayus Hubi, Markus Dabi,
Octo Iknia, Fredy Masyrom, Agus Hisage, Habel Itlay, Titus Kogoya,
Randy, Kostan, Donny Sineri, Epenus Itlay, Adrian Walangitan, Muhammad
Ramly, Orgenes Epa, Elia Komba, Rafles Yoku, Agus Monmut, Jubair, Edi
Baransano, Sulario, Ortis Sineri, Kalvin Kapisa, Parmen Wenda, Dominikus
Marian, Nius Heba, Narto, Acok, Pas Wenda, Lukas Sawen, Yoram Sawen,
Chore Daundi, Luther Ohee, Dedi Dores, Hanan Mambay, Yufri Mameta,
Hendrik Kenelak, Stenly Palondong, Alfian Palendeng, Erens Apromis
Names of alleged perpetrators:
Liberti Sitinjak, Herman Mulawarman, M. Hutabarat, Juwaini, Olof Itaar,
Sarlota Hai, Hardiman, Peneas Kubia, Magrid Kawai, Elly Wamuar, Viktor
Paembang, T. Kambu, Bony Manuputy, Wembi Hamadi, Viktor Rio Sitania,
Zakarias, Wilson Sibarani, Rahmad, Capung Bc. Ip., Felix Kusali
Date of incident: 30 April 2012
Place of incident: Klas II.A Abepura Correctional Facility, Papua
I
am writing to voice my deep concern regarding a case of torture by
twenty prison guards towards 42 prisoners and detainees at Class II.A
Abepura Correctional Facility, Papua. I was informed that on 30 April
2012 at around 12pm, one of them, Selfius Bobii, asked the Head of the
Correctional Facility’s Security Unit (KPLP), Juwaini, for a permit to
conduct a creative activity with other prisoners but sucg request was
dismissed. This led to an argument between him and the Head of Abepura
Correctional Facility (Abepura Kalapas), Liberti Sitinjak, who heard
Selfius’ conversation with one of his staffs. The argument was ended
with the Kalapas asked the prison guards to put Selfius into isolation
but Selfius was trying to avoid them and to go back to his cell.
Other
prisoners and detainees witnessed this and asked the prison guards not
to isolate Selfius but their requests were ignored. Instead, after
putting Selfius into a sterilised area, the guards took the prisoners
out of their cells and started torturing them. The guards beat them with
bare hand, wooden blocks, as well as iron sticks. They also stepped on
some prisoners and detainees’ fingers and toe. The prisoners were
whipped with thick ropes and were ordered to walk whilst crouching for
about 200 metres as the guards kept beating them. Two prisoners fainted
and one other had his arm broken. All of them suffered injuries, bruises
and wounds. It was reported that the torture happened approximately for
about 2 and a half hours, from 12.30-3.15pm.
I am concerned with
the fact that torture is not a crime yet in Indonesia, especially
because it is a state party to the UN Convention against torture and
other cruel, inhuman, or degrading treatment or punishment (UN CAT). I
have noticed that this concern has been shared with many other countries
such as France, the United States of America and New Zealand as they
expressed at the latest UPR session on Indonesia. I welcomed the
decision of the Indonesian government which supported the
recommendations on criminalisation of torture and the revision of the
Penal Code yet I’m calling you to take concrete steps on this matter.
Such concrete steps, for instance, is by adequately punishing those who
are responsible for the torture. I would like to highlight that torture
is not simply a violation to disciplines but, even worse, violation to
human rights that those who performed it should be tried and punished by
a criminal court instead of a military court or any other internal
disciplinary mechanisms.
In addition to criminalise torture,
Indonesia is obliged to establish safeguards to prevent torture which
include the protection of torture victims from any further reprisals.
I
therefore urge you to take all the necessary steps to ensure an
independent and impartial investigation on this case to take place and
those are responsible to be brought into justice. The perpetrators
should be tried and punished by a criminal court and not by an internal
disciplinary mechanism. Adequate reparation and protection from further
reprisals should be provided to the victims in this case. I also call
you to revise the Penal Code and criminalise torture as in accordance
with your international obligations under the UN CAT.
I look forward to your swift and adequate intervention on this case.
Yours sincerely,
----------------
PLEASE SEND YOUR LETTERS TO:
1. Mr. Susilo Bambang Yudhoyono
President of Republic of Indonesia
Jl. Veteran No. 16
Jakarta Pusat
INDONESIA
Tel: +62 21 345 8595
Fax: +62 21 3483 4759
2. Ms. Harkristuti Harkrisnowo
General Director of Human Rights
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. Mr. Sihabudin
General Director of Corrections
Ministry of Law and Human Rights
Jl. Veteran No. 11
Jakarta Pusat
INDONESIA
Tel: +62 21 385 7611
Fax: +62 21 345 2155, 231 2140
4. Gen. Timur Pradopo
Chief of the Indonesian National Police
Jl. Trunojoyo No. 3
Kebayoran Baru, Jakarta Selatan 12110
INDONESIA
Tel: +62 21 384 8537, 726 0306
Fax: +62 21 7220669
E-mail:
5. Mr. Ifdhal Kasim
Chairman of the National Human Rights Commission (Komnas HAM)
Jl. Latuharhary No. 4-B
Jakarta 10310
INDONESIA
Tel: +62 21 392 5227
Fax: +62 21 392 5227
6. Mr. Abdul Haris Semendawai
Head of Witness and Victim Protection Agency
Gedung Proklamasi
Jl. Proklamasi No. 56
Jakarta Pusat 10320
INDONESIA
Tel: +62 21 3190 7021
Fax: +62 21 3192 7881
E-mail:
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (