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Letter of concern to President Yudhoyono on safety of Nelson Ipan Kornelius Rumbiak

Australia West Papua Association (Sydney) - August 31, 2006

President Susilo Bambang Yudhoyono,
Istana Negara,
Jalan Merdeka 3,
Jakarta, Indonesia

31 August 2006

Dear President Yudhoyono,

I am writing to you with great concern for the safety of Nelson Ipan Kornelius Rumbiak, who is 20 years old.

On Monday the 28 August, there was a hearing at the Jayapura district court in the case of three persons accused of being involved in the demonstration which took place on the 16 March in Abepura this year. After the accused were driven back to the prison they were met at the front gate of the prison by dozens of police officers in two trucks.

The police began to beat up Nelson Rumbiak, [who was with the accused]. They struck him with a rattan stick on the head causing his face to swell. When he fell to

the ground several policemen kicked him in the left rib while stamping on his body. He was badly wounded in the ribs. Several police then chased the three accused men into the prison. They also threatened to beat up prison officers who were trying to prevent the police from entering the prison. When the lawyers and parents of the accused men arrived shortly after this incident, the police fled in their vans.

The victim was taken by prison officers (who were upset by what the police had done) to be examined at Abepura hospital. He was accompanied by his mother and two lawyers. The medical examination was then disrupted by the police, intelligence officers, and the TNI. As the situation at the hospital was not safe, the prison officials and the family decided to take Nelson back to the prison at around 10:30 pm.

Background to the incident

This incident began with the examination in court on 23 August of Nelson Rumbiak and others as witnesses for the prosecution. At that hearing, all the prosecution witnesses refuted their interrogation reports which were damaging to their friends, because the reports had been obtained by police torture.

One witness, Ferdinand Pakage said he had been tortured and shot in the left foot by an officer named Aris Purbaya. Nelson Rumbiak and one of the accused Aris Mandowen, said they had suffered the similar treatment while being questioned by the police.

On the basis of these statements, the prosecutor promised to bring additional witnesses to testify about the maltreatment to the next hearing on 28 August. But the witnesses who appeared on 28 August were not those named by Nelson Rumbiak. His legal team protested and asked the judge for Aris Purbaya and others to appear before the court.

The judge rejected the request without giving a reason. The dispute in court led to a heated debate between the judge and the lawyers as well as the defendants and the witnesses. This made the police very angry and provided the motive for them to beat up Nelson Rumbiak.

The situation appears to have been exacerbated by the judges delaying the hearings so that they finished late without considering the safety of the accused and their families. After the 28 August hearing, several intelligence officers, police and TNI unsuccessfully tried to provoke the accused and others by shouting Papua Merdeka.

We urge you

Yours Sincerely
Joe Collins AWPA (Sydney)

CC:

Australia West Papua Association (Sydney)
PO Box 28, Spit Junction
Sydney, Australia 2088
Phone/Fax 61.2.99601698
Email: bunyip@bigpond.net.au

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