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Open letter to Papuan police chief on duties under international law

International Lawyers for West Papua (ILWP) - October 21, 2011

• Statement on Strike at Freeport McMoran's mining operation in West Papua - West Papua Advocacy Team/East Timor and Indonesia Action Network - October 21, 2011
• Call for suspension of military ties with Indonesia over West Papuan shootings - Medical Association for Prevention of War Media Release - October 21, 2011
• Indonesia: Release participants of peaceful gathering in Papua - Amnesty International Public Statement. October 20, 2011
• Indonesian crackdown on Papuan Congress sparks outrage - Joint Statement. October 20, 2011
• Indonesia: One person killed, hundreds arrested and five persons charged with rebellion at Third Papuan People's Congress - Asian Human Rights Commission Urgent Appeal - October 20, 2011. October 20, 2011

21 October 20

Inspektur Jenderal Drs BL Tobing
Papua Police Chief
Regional Head of Police (Kapolda)
JI. Samratulangi No. 8 Jayapura
Papua

Fax: +62 967 533763

Dear Kapolda,

We, the International Lawyers for West Papua, respectfully seek to remind you of your duties under international law.

It has been reported from a police source (Republika, 19 October 2011) that approximately 600 people were arrested at the Third Papua Congress, a peaceful assembly at which the Papuan community were gathered to discuss their future. Other media outlets have reported that between four and seven people were killed and many others injured after security services opened fire on the assembly and that hundreds more were beaten before being taken into custody.

As a Police Chief you are an agent of the Indonesian State and you are bound to obey the human rights standards set by international law, particularly the International Covenant on Civil and Political Rights (ICCPR) which Indonesia acceded to on 23 February 2006. We also remind you of your obligations under the Indonesian Human Rights Act and Human Rights Courts Act.

The right to freedom of assembly is protected by Articles 21 and 22 of the ICCPR. The right to free speech is guaranteed by Article 19 of the ICCPR. The people of West Papua are entitled to meet and discuss freely their opinions, including their right to self-determination and their desire for independence and self-government. If they have been arrested for doing so, they are prisoners of conscience and must be released immediately.

We therefore request that you immediately confirm the basis for the arrests and ensure that all detainees that were injured during the violence have access to medical care. We also request that you:

• Comply with Articles 19, 21 and 22 of the ICCPR and release any detainees held for engaging in peaceful assembly;
• Comply with Article 7 of the ICCPR and guarantee that all of those detained will not be tortured or otherwise ill-treated while in detention;
• Comply with Article 14 of the ICCPR and allow all detainees immediate access to a lawyer of their choosing;
• Comply with Article 2 of the ICCPR in instituting a full and thorough investigation of the extra-judicial killings and violence at the assembly in breach of Articles 6 and 7 of the ICCPR.

Yours sincerely, International Lawyers for West Papua

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