[www.humanrights.asia]
We have also published a video on the interview with two of the victims, Eneko and Obed, which is available on
Date: 19 February 2013 6:48:46 PM AEDT
ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME
Urgent Appeal Case: AHRC-UAC-024-2013
19 February 2013
---------------------------------------------------------------------
INDONESIA: Seven Papuans are arrested and tortured on false allegations of having a relationship with pro-independence activists
ISSUES: Arbitrary arrest & detention, inhuman & degrading treatment, police violence, torture
---------------------------------------------------------------------
Dear friends,
The Asian Human Rights Commission (AHRC) has received information
regarding the arbitrary arrest and torture of seven Papuans which took
place on 15 February 2013. The victims were driving home in two cars
when the police stopped them as they were looking for two
pro-independence activists. The victims were later brought to the police
station where they were further questioned on the whereabouts of the
activists. They were severely beaten, kicked and electrocuted before
being five of them were released without charge the next day. However,
as at the time of writing two of the victims remain in police custody.
CASE NARRATIVE:
According to interviews and fact gathering conducted by local activists,
including Yasons Sambom, on 15 February 2013 at 9am, a silver painted
car stopped Daniel Gobay, Arsel Kobak and Eneko Pahabol who were driving
on their way home from Depapre to Doprena. Five police officers, one of
whom was identified as Iptu Beduh Rahman, got out of the silver-painted
car and pointed their weapons at Daniel, Arsel and Eneko. The police
then ordered the three men to crawl on their stomachs to Depapre
Sub-District Police Station which is approximately 30 metres away from
the place where they were stopped.
An hour after they arrived at Depapre Sub-District Police Station,
Daniel, Arsel and Eneko were taken to Jayapura District Police Station.
The police started questioning three of them on the whereabouts of
Terianus Satto and Sebby Sambom, two pro-independence activists whom
Daniel, Arsel and Eneko do not have any relationship with. Eneko Pahabol
told the local activists that he was repeatedly kicked in his face by
officers who were wearing police boots. The officers kicked him both in
his left and right knees which caused them to bleed. Eneko and his
friends were also beaten with a rattan stick as well as being
electrocuted on their legs. The police officers pressed the barrels of
their guns to their heads, forced them into their mouths and ears. Arsel
Kobak told the AHRC that he was asked to take his clothes off and
kicked on his head, face and back by the police officers. As a result,
his mouth and nose were bleeding, his forehead was wounded and he is now
experiencing hearing difficulties.
On the same day at around 10am, the police separately stopped another
car which was carrying Yosafat Satto, Salim Yaru, Matan Klembiap and
Obed Bahabol. As with Daniel, Arsel and Eneko, they were also stopped by
police officers in a silver-painted car in Depapre on their way home.
The police officers were wearing civilian clothes and carrying Pindad
SS-1 assault rifles which they pointed at Yosafat and his friends. They
firstly took Yosafat, Salim, Matan and Obed to Depapre Police Station
but later moved them to Jayapura District Police Station. As they
arrived at Jayapura District Police Station, Yosafat and his friends
were ordered to take their clothes off before the police officers
started beating and electrocuting them. The officers also pressed their
guns to the heads of Yosafat, Salim, Matan and Obed and asked whether
they know anything about the whereabouts of Terianus Satto and Sebby
Sambom. None of them know Terianus and Sebby Sambom so Yosafat as well
as his three other friends told the police that they do not know
anything, an answer that made the officers tortured them even more
severely. The officers kicked, beat them with rattan sticks on their
backs until they were bleeding, as well as electrocuted them in the
face.
Obed Bahabol told the local activists that they later were interrogated
separately and he was the first person to be questioned by a police
officer. The police officer jammed the barrel of his gun to his mouth so
forcefully that his tooth was broken. The officer also repeatedly beat
Obed on his forehead that it was bleeding because Obed told the police
that he had no idea on the whereabouts of Sebby Sambom.
On the next day on 16 February 2013, five of the seven arrested persons
were released without charge. As the time of writing, Daniel Gobay and
Matan Klembiap are still detained in the police custody, allegedly for
possessing bladed articles. However, the charge and their reason of
detention are still subject to clarification. Neither Daniel nor Matan
has any legal representation as of the time of writing.
ADDITIONAL INFORMATION:
In his report in 2008, the UN Special Rapporteur on Torture and other
Cruel, Inhuman or Degrading Treatment or Punishment highlighted that
torture is practised widely across Indonesia, including Papua. In 2010,
for instance, the AHRC released [humanrightsasia.blip.tv]
which depicts military officers brutally torturing an indigenous Papua.
Last year, the AHRC also issued an urgent appeal on the torture of 42
prisoners and detainees by prison authorities at Abepura Correctional
Facility.
Despite the abuse took place, little have been done by the Indonesian
authorities to make sure the perpetrators are punished proportionately
to provide justice for the victims. Military officers who were
responsible torturing a Papuan on the video in 2010 were sentenced only
to 9-12 months imprisonment while the allegation on torture at Abepura
Correctional Facility has never been investigated by the police.
Indonesia has been a state party to the UN Convention against Torture
and other Cruel, Inhuman or Degrading Treatment or Punishment since
1998. Torture is not yet a crime under the country’s legal system that
state officials who conducted such abuse are usually unpunished or
charged with provisions on assault under the Penal Code whose punishment
do not reflect the gravity of the act. For example, the Muaro Sijunjung
District Court recently sentenced four police officers responsible for
the [www.humanrights.asia] to 18 months to three years imprisonment.
SUGGESTED ACTION:
Please write to the listed authorities below asking them to ensure that
criminal investigation on this case is taking place. Please emphasise
that the investigation should be conducted impartially and effectively
and those responsible for it are punished proportionately. Urge the
Indonesian authorities to provide medical assistance as well for the
victims so they can have their injured treated.
In addition to those authorities, the AHRC is writing a separate letter
to the UN Special Rapporteur on Torture and other Cruel, Inhuman or
Degrading Treatment or Punishment.
To support this appeal, please click here: [www.urgentappeals.net]
SAMPLE LETTER:
Dear ___________,
INDONESIA: Seven Papuans are arrested and tortured on false allegations of having a relationship with pro-independence activists
Name of victims:
1. Daniel Gobay (30 year old)
2. Arsel Kobak (23 year old)
3. Eneko Pahabol (23 year old)
4. Yosafat Satto (41 year old)
5. Salim Yaru (35 year old)
6. Matan Klembiap (30 year old)
7. Obed Bahabol (31 year old)
Names of alleged perpetrators: Police officers of Depapre Sub-District
Police Station and Jayapura District Police Station, one of them was
identified as Iptu Beduh Rahman
Date of incident: 15 February 2013
Place of incident: Jayapura, Papua
I am writing to voice my deep concern regarding the arbitrary arrest and
torture of seven Papuans by officers from Depapre Sub-District as well
as Jayapura District Police Station on 15 February 2013. I was told that
the police arrested and tortured them as they alleged the seven victims
are linked to two pro-independence activists, Terianus Satto and Sebby
Sambom, an allegation which turned out to be false.
At 9am on 15 February 2013, Daniel Gobay, Arsel Kobak and Eneko Pahabol
were driving home from Depapre to Dormena when a silver-painted car
carrying five police officers stopped them. The officers pointed weapons
at Daniel and his friends, asking them to crawl on their stomachs to
Depapre Sub-District police station which is approximately 30 metres
away from where they were arrested. An hour after the victims reached
the police station the police took them to Jayapura District Police
Station to be questioned on the whereabouts of the mentioned two
pro-independence activists whom Daniel and his friends have no
relationship whatsoever.
I received the information that police officers who were wearing boots
kicked Eneko repeatedly in his face as well as left and right knees
until they were bleeding. The officers beat the victims using a rattan
stick, electrocuted them in their legs and pressed the barrels of their
guns to their heads, forced them into their mouths and ears. Arsel Kobak
was asked by the officers to take his clothes off, and got kicked in
his back, head and face that his mouth and nose were bleeding. His
forehead was also pounded and he is currently experience hearing
difficulties due to the repetitive beatings in his head.
On the same day at 10am, the police officers separately stopped Yosafat
Satto, Salim Yaru, Matan Klembiap and Obed Bahabol not far from Daniel
and his friends were previously arrested. Yosafat and his friends were
stopped by five police officers driving a silver-painted car, wearing
civilian clothes and carrying Pindad SS-1 assault rifles. The officers
pointed their rifles at the victims and took them to Jayapura District
Police Station after previously holding them at Depapre Sub-District
Police Station.
In Jayapura District Police Station, the police ordered Yosafat and his
friends to take their clothes off, beat and electrocuted them. As in
Daniel and friends’ case, the police asked Yosafat, Salim, Matan and
Obed on the whereabouts of Terianus Satto and Sebby Sambom. As none of
them have any relationship with Terianus and Sebby, the victims told the
police that they do not know anything, which led to the police tortured
them even more severely. They were kicked, beat with rattan sticks on
their back and electrocuted in the face before being interrogated
separately by a police officer. Obed Bahabol was the first person who
was interrogated separately. The police officer who questioned Obed
jammed his gun’s barrel into Obed’s mouth so forcefully that the
victim's tooth was broken. The officer also beat Obed on his forehead
until it was bleeding.
After torturing the victims and finding out that they do not have any
knowledge on the whereabouts of Terianus Satto and Sebby Sambom, the
police released five of the victims on the next day, 16 February 2013.
Daniel and Matan are still held in police custody as the time of I
received the information yet it is for the allegation that they had
bladed materials under their possession. Neither Daniel nor Matan have
received any legal assistance as at the time of writing.
I am disgusted to learn that torture remains practised widely in
Indonesia, despite the fact that it is a state party to the UN
Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment. I am particularly concerned that this abuse is
repeatedly practised by Indonesian authorities towards the Papuans. This
is not the first time I have received a report on torture in Papua – I
am aware, for instance, that the Indonesian military tortured several
Papuans in 2010 and got punished lightly for it and that the prison
authorities at Abepura Correctional Facility tortured 42 detainees and
prisoners last year without being tried and punished.
I am urging you to ensure the impunity that took place in the cases I
mentioned above is not repeated in this case. The allegation on torture
experienced by Daniel, Arsel, Eneko, Yosafat, Salim, Matan and Obed has
to be investigated impartially and effectively by relevant authorities
even when there is no complaint submitted by the victims. Those who are
responsible for it should be held criminally responsible and punished
proportionately. I am also calling you to ensure that the victims in
this case are granted adequate medical treatment so they can have their
injuries treated. As for Daniel and Matan who are still under police
custody for the allegation on possessing bladed materials, I am urging
you to ensure that the legal process is conducted in accordance with the
law and that their basic rights are respected as well as fulfilled.
I look forward for your positive and adequate response in 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 21 386 3777, 350 3088.
Fax: + 62 21 344 2223, 3483 4759
E-mail:
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. 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 7220 669
E-mail:
4. Ir. Gen. Drs. Tito Karnavian
Chief of Papua Regional Police
Jl. Dr. Sam Ratulangi No. 8
Jayapura
INDONESIA
Tel: +62967 531 014, 533 396
Fax: +62967 533 763
5. Mr. Otto Nur Abdullah
Chairperson of the National Human Rights Commission
Jalan Latuharhary No.4-B,
Jakarta 10310
INDONESIA
Tel: +62 21 392 5227-30
Fax: +62 21 392 5227
Email:
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (
Visit our new website with more features at www.humanrights.asia.