Showing posts with label torture. Show all posts
Showing posts with label torture. Show all posts

Tuesday, January 25, 2011

Light Sentences for Rights Violators Spark Calls for Suspension of Aid to Abusive and Unaccountable Indonesian Military


Contact: Ed McWilliams (WPAT), +1-575-648-2078
Paul Barber (TAPOL) +44 1420 80153 or +44 774 730 1739
John M. Miller (ETAN) +1-917-690-4391

The West Papua Advocacy Team (WPAT),  East and Indonesia Action Network (ETAN) and TAPOL condemn the Indonesian government's failure to hold Indonesian military personnel responsible for the grave crime of torture of two Papuans. The torture was revealed in a video posted online in October 2010 shocked the international community (http://www.etan.org/news/2010/10video.htm). Rather than try the perpetrators before a civilian court the Indonesian government allowed the Indonesian military to try the soldiers in a military court. On January 24, the Military Court in Papua sentenced three soldiers to minimal sentences of eight to 10 months imprisonment for the minor procedural offense of disobeying orders.

The Indonesian Government's refusal to prosecute the perpetrators in a civilian court and the failure to charge them with serious criminal offences commensurate with the violence inflicted on the victims reflect a longstanding pattern where security force personnel who commit heinous crimes against Papuans are inadequately punished, if they are punished at all.  For example, the special forces (Kopassus) personnel convicted by a military court for the torture-murder of the leading Papuan political figure, Theys Eluay, in 2001 similarly received sentences not commensurate with the crime. They were lauded publicly by a leading Indonesian military figure as "heroes." 

Unfortunately, Indonesia President's Susilo Bambang Yudhoyono in pre-sentencing public remarks described the torture, which included the burning of the genitals of a Papuan man with a stick pulled from the fire, as "only a minor incident."  This dismissal of the seriousness of the crime reinforces a pattern of impunity for security personnel.

WPAT, ETAN and TAPOL remain concerned  that Indonesia has  refused to make torture a specific offence under Indonesian criminal law, notwithstanding Indonesia's obligations under the United Nations Convention Against Torture which it signed in 1985 and ratified in 1998. We urge Indonesia to do so.

Indonesian military personnel, especially those operating in West Papua, which has seen the worst security forces abuse over the past decade, continue to perpetrate torture, rape, extrajudicial killings and other well documented abuses in part because they are aware they will never be effectively prosecuted for these crimes. By refusing to prosecute military offenders to the full extend of the law in civilian courts the Indonesian government is complicit in the military's continuing abuses.

The impunity long enjoyed by Indonesian security personnel for their criminal behavior stands in stark contrast to the severe sentences meted out to Papuans who assemble peacefully to protest decades of Indonesian government repression and the denial of essential services to the Papuan people. Dozens of Papuans have been imprisoned for years where, as described by UN reports, these peaceful  dissenters endure health and life threatening treatment and conditions.  Amnesty International and other reputable human rights organizations have identified many as "prisoners of conscience."

Government restrictions on travel to and within West Papua have long impeded the ability of the international community to monitor human rights and other developments. Indonesian security and intelligence forces within West Papua routinely shadow and obstruct the movement of the few international journalists and even diplomats who do manage to enter West Papua. Papuans who speak to these observers are often threatened and harassed.

The U.S. and other governments should act in a substantive way to end the continued abuses by Indonesian security forces against Papuans. The U.S., in particular, should exercise its significant leverage by suspending its extensive and expanding military assistance programs for Indonesia pending real reform of the Indonesian military. This reform should, at minimum, include an end to human rights violations by Indonesian military personnel,  as well as effective prosecution in civilian courts of military personnel who perpetrate abuses and with sentencing commensurate with the crimes. The U.S. should also make any resumption of military-to-military cooperation contingent on an end to Indonesian government restrictions on access to West Papua by independent journalists and other observers, as well as an end to Indonesian security and intelligence force intimidation of those Papuans peacefully advocating for their political and other human rights.

More generally, WPAT, ETAN and TAPOL appeal to the governments of the  United States and the United Kingdom and the European Union to promptly and publicly register with the Indonesian government their deep concern over what is only this latest example of decades of failed justice in West Papua.

  see also West Papua Report

U.S.-Indonesia Military Assistance

Tuesday, October 19, 2010

WPAT: Torture video reveals "Indonesia's Abu Ghraib" on eve of Obama visit

UPDATE: Interview with Ed McWilliams on Radio Australia's Connect Asia program

Contact: Ed McWilliams (WPAT) +1-575-648-2078

October 19, 2010 - A new video shows the torture of helpless men in the Indonesian-ruled territory of West Papua. Monitoring groups are already describing the footage as "Indonesia's Abu Ghraib." The video reveals indisputably Indonesian security force brutality, and raises serious questions about the Obama administration's decision to embrace cooperation with Indonesian security forces engaged in active and ongoing torture.

The video, available at ; http://material.ahrchk.net/video/AHRC-VID-012-2010-Indonesia.html is the second in recent months to offer graphic footage of Indonesian security force torture of Papuans. In it, a Papuan man is held to the ground while a hot stick, still smoldering from a fire, is held against his genitals. A plastic bag is wrapped around his head several times, a rifle held against him. Another man has a large knife held against him while he pleads: "I'm just an ordinary civilian, please..." One of his interrogators responds: "I'll cut your throat... Do not lie, I will kill you! Burn the penis!" The video appears to have been taken on the cell phone of one interrogator.

Still from video via Sydney Morning Herald

Thanks to the courage of Papuan human rights advocates in the face of harsh security measures designed to silence them, the world periodically has been witness to the harsh rule of West Papua. In the past, the faith in international justice and humanity demonstrated by these courageous Papuans has been betrayed by the international community's deference to the Indonesian government's insistence that neither its course nor rule there not be challenged. Numerous governments have placed the territorial integrity of Indonesia and the desire to support its democratization process first. In the process, however, they have abandoned what could have been constructive efforts to uphold human rights in West Papua, which continue to be systematically violated.

Geopolitical and commercial goals led the U.S. government to ignore Suharto dictatorship atrocities  targeting its own people and the people of East Timor for decades. President Bill Clinton acknowledged this when East Timor gained its independence in 2002, saying : "I don't believe America or any of the other countries were sufficiently sensitive in the beginning and for a long time, a long time before 1999, going all the way back to the '70s, to the suffering of the people of East Timor." It was the suffering of the people of East Timor that led to Congress deciding tosuspend military cooperation with Indonesia.

The system of security force rule and repression of peaceful dissent has been dismantled in much of Indonesia, but the same security system and the same systematic human rights violations continue in West Papua today. Such stopgap solutions as "special autonomy" have been clearly rejected by the Papuan people. Despite the continued human rights violations, the Obama administration has continued the Bush administration's policy of support to the Indonesian security forces. It has continued support to the Indonesian military through the IMET program, and support through the Anti-Terror Assistance Program to the notorious Detachment 88 of the Indonesian National Police, credibly accused of torture and other rights violations. It has resumed cooperation with the Indonesian special forces (Kopassus) notwithstanding that unit's  decades-old record of human rights abuse including recent, credible accounts of brutality targeting Papuan civilians.  In so doing the Obama Administration, like its predecessors, has wittingly or unwittingly made itself complicit in the repression now underway in West Papua.

The United States, under President John F. Kennedy, was responsible for the transfer of West Papua to Indonesian rule. In that act, the United States made itself co-responsible for the outcome of its actions. Successive administrations have not been sufficiently sensitive to the ongoing human rights violations, including torture to this day, which resulted from Indonesian rule.

President Obama's upcoming visit to Indonesia offers an opportunity to end the silence on West Papua, and to craft new policies that advance human rights rather than lending support to human rights violators. Information about the ongoing human rights violations in West Papua was
heard on September 22 by the House of Representatives Sub-committee on Asia, the Pacific.

The Obama administration should:
  • Insist upon an investigation and prosecution of those who recently tortured Papuans in Puncak Jaya
  • Seek an investigation by relevant United Nations human rights rapporteurs of this and other instances of torture in West Papua
  • Suspend cooperation with Indonesian security forces accused of systematic human rights violations, including Detachment 88 and the Brimob (Mobile Brigade) of the National Police and the Indonesian special forces (Kopassus)
  • Call for full and open access for journalists, humanitarian assistance personnel including the International Committee of the red Cross and other international monitors to all of West Papua
  • Seek meetings between President Obama and Papuan human rights and civil society leaders during his visit to Indonesia
  • Call upon the Indonesian government to carry out an internationally facilitated, senior-level dialogue process with Papuan officials and civil society designed to resolve the Papuan conflict peacefully, as was done in Aceh province
This releasee is also posted on ETAN's website at  http://etan.org/news/2010/10video.htm

see also

Tuesday, September 28, 2010

Call to Suspend Training and Funding of Indonesian Police Unit Detachment 88

Contact: John M. Miller (ETAN) +1-718-596-7668

Ed McWilliams (WPAT) +1-575-648-2078

September 29, 2010 - The East Timor and Indonesia Action Network (ETAN) and West Papua Advocacy Team (WPAT) today urged that the U.S. government to suspend all funding and training of Indonesia's Detachment 88 police unit pending review of charges leveled against the unit for systemic human rights violations, including use of torture.

"U.S. funding and training should not go to a security force that has repeatedly and credibly been charged with human rights violations including torture of those engaged in peaceful dissent," said WPAT's Ed McWilliams.

"Indonesian authorities have consistently failed to prosecute Detachment 88 personnel for these widely reported abuses," he added.

"Detachment 88 has been funded and trained by the U.S. from its inception. With that history, how can anyone believe that U.S. assistance will improve the human rights behavior of other units, like Kopassus," said John M. Miller, National Coordinator of ETAN.

"While the reported withdrawal of Detachment 88 from the province of Maluku will end its persecution of peaceful protesters there, we are concerned that the unit will continue to operate in West Papua," said McWilliams. "We urge the Indonesian government to stop treating pro-independence activists as terrorists and to deal with the underlying issues."

Indonesian and international non-governmental organizations and media regularly report on the counter-terrorism police unit's brutal methods, including torture against nonviolent protesters and suspects.

In addition to suspending assistance to Detachment 88, ETAN and WPAT urge:

a) that the U.S. Government urge the Indonesian government to investigate credible charges of human rights violations and other illegal activity by Detachment 88 personnel and to prosecute these personnel as necessary;
b) that the U.S. Government review its own procedures for providing funding to foreign security units to ensure that in the future all credible reports of human rights violations and other illegal activity by these units are promptly and thoroughly investigated by U.S. officials to ensure that U.S. funds and other forms of assistance are not used to support such activities;
c) that the U.S. Government review its "vetting" procedures which is supposed to ensure that no personnel involved in human rights violations or other illegal activity are members of units receiving U.S. government assistance.

Background

Detachment 88 (Densus 88) was created by the Indonesian government statement in 2003 with the assistance and encouragement of the U.S. Government. The U.S. State Department's Diplomatic Security Services used funds appropriated under the Anti-Terror Assistance Program to support the initiative, which was in response to the 2002 Bali bombings. In addition to providing funding for the unit, the U.S. government has trained its personnel, drawing on the resources of various agencies.

Though the unit has drawn praise for its successful actions against small numbers of militants, it has also gained a reputation for brutality in its more than 500 arrests, including allegations of torture.

The unit has increasingly been used by the Indonesian government in its suppression of separatist activities around the country. In 2007, Detachment 88 members arrested and tortured 22 civilians after they unfurled the Maluku independence flag in front of Indonesia's President. Yusuf Sipakoly, who in 2007 was sentenced to 12 years for possessing a "separatist flag" recently died in prison. He had told the Sydney Morning Herald: "I was tied with nylon [by the Detachment 88 officers] and my head was covered with a bucket," he said. "Then they started beating me until I urinated in my underwear..."


The Herald also reported that the United States had secretly banned some Detachment 88 members in Maluku from receiving assistance in May 2008 because of concerns over human rights violations. However, abuses continued. In August 2010, 12 activists were allegedly detained and tortured at the hands of Detachment 88 members. The activists had planned to "to float dozens of the distinctive rainbow flags attached to helium-filled balloons during Ambon's Sail Banda regatta" which Indonesias President planned to attend. Following an outcry, the unit was disbanded in Maluku in September, but the unit's commander Brig. General Tito Karnavian has said that the unit will stay in Papua.

In April 2010, members of Detachment 88 detained 28 West Papuan activists for organizing a peaceful demonstration in Manokwari. Some of these detainees were sentenced to three and three and a half years in prison for talking about freedom and for holding a Morning Star Flag. In December 2009, Detachment 88 personnel shot Papuan independence figure Kelly Kwalik, allowing him to bleed to death without medical intervention. On October 18, 2007, the prominent Papuan human rights lawyer Iwanggin Sabar Olif was arrested by Detachment 88 on charges of "incitement of hatred and rebellion," after forwarding a text message to colleagues criticizing the Indonesian President and military. The U.S. reportedly provided Detachment 88 with the technical capacity and other support to intercept SMS and possibly other messages among civilians.

The U.S. government has paid for training costs, instructors' salaries, weapons and wire tapping devices. For example, as of late 2005 Washington had provided at least $12 million for Detachment 88 for training an initial 400 officers. Australia has also provided substantial aid to the unit. In 2004, Australia pledged US$35 million over five years for Indonesia to build a training center.

One Indonesian legislator has warned that "We have to be really careful about [Detachment 88] because we don't want anyone to turn the clock back to the old days when Kopassus got training in the U.S. and tortured their own people when they're back home.''

The Indonesian government has recently announced the creation of an umbrella organization, the National Antiterrorism Agency (BNPT), to coordinate the actions of the National Police, especially Detachment 88, the Indonesian military, the State Intelligence Agency, and the Ministry of Religious Affairs. There are concerns that this new agency's scope will broaden to target to not just terrorism suspects but "separatist" activists as well, as well as deepen the military's controversial internal security role.

The National Police have now put Detachment 88 under direct control of the National Police chief, General Bambang Hendarso Danuri. Over the weekend Danuri said "Please understand that our officers, particularly those of Densus 88, have never violated human rights in the course of their duty."

ETAN was formed in 1991 to advocate for self-determination for occupied East Timor. The U.S.-based organization continues to advocate for democracy, justice and human rights for Timor-Leste and Indonesia. For more information, see ETAN's web site: http://www.etan.org. The West Papua Advocacy Team produces the monthly West Papua Report.