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Indonesia: Two Papuans assaulted for preventing police brutality
Asian Human Rights Commission Urgent Appeal - May 2, 2014
Dear friends,
The Asian Human Rights Commission (AHRC) has received the information regarding an assault by members of the Mobile Brigade of Nabire District Police on two Papuans in Nabire. The two Papuans were assaulted when they were trying to stop a brutal attack by the police against another Papuan. They were both stabbed and slashed about the back and head, and beaten with guns and wooden sticks by the police.
Case narrative:
According to an activist of KINGMI (Gospel Tabernacle Church) Papua, the assault took place on 20 March 2014 in the Senior High School (SMU) complex Yapis Nabire, Papua. Siluwanus Nagapapa was trying to stop the brutal action of ten members of the Mobile Brigade of Nabire District Police against an inebriated Papuan. However, the police were offended by Siluwanus and attacked him by slashing and stabbing him about the head and back.
(Photo: Paulus Kobogau was slashed about the head by police officers in Nabire for attempting to stop the police brutality. Courtesy of KINGMI activist)
Attempting to save himself, Siluwanus Nagapapa fled to the house of Paulus Kobogau. Seeing Siliwunus was bleeding, Paulus tried to prevent the police from getting into his house by standing in front of the door. He asked the police why they were chasing and injuring Siluwanus. Yet, instead of responding to Paulus's question, the police brutally attacked him. Paulus was stabbed five times in the back and slashed about the head with a knife, kicked, pelted with stones, and struck with a wooden stick as well as guns by the police.
Siluwanus Nagapapa and Paulus Kobogou were later arrested and detained at Nabire District Police Station. After being detained for two hours, Paulus was taken to Siriwini Nabire Hospital because he had lost a great deal of blood and fainted, while Siluwanus was taken to the same hospital on the next day after he too fainted in the detention cell. After one week of treatment, both were allowed to go home and to receive outpatient medical treatment. There has been no investigation conducted into this case and the victims must bear the cost of their own medical treatment.
Additional information:
Indonesia has ratified the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT) by enacting the Law No. 5 of 1998. Freedom from torture as a non derogable right is also guaranteed by the Constitution (UUD 1945). The guarantee is further enshrined in various regulations in Indonesia, ranging from the Law No. 39 of 1999 on Human Rights, to internal regulations of state institutions. In 2009, for example, the Chief of the Indonesian National Police issued a regulation that requires police officers to respect human rights principles in performing their duties.
However, all these regulations are not adequate to stop the practice of torture and to ensure the perpetrators are tried and punished, especially in Papua. The ongoing conflict in Papua is what triggering many practices of violence, torture, and assault. This case was a second attack by the police Mobile Brigade of Nabire in the same week. Previously, over a small dispute small dispute, members of the Mobile Brigade of Nabire District Police stabbed two Papuans with bayonets.
Suggested action:
Please write to the listed authorities below, demanding for their intervention in this case to ensure that the officers responsible for attacking Siluwanus Nagapa and Paulus Kobogou will be criminally punished.
The AHRC is writing separately to the UN Special Rapporteur on Torture and other Cruel, Inhuman or Degrading Treatment or Punishment.
To support this appeal, please click here: http://www.urgentappeals.net/support.php?ua=AHRC-UAC-064-2014.
Sample letter:
Dear ..............,
Indonesia: Two Papuans assaulted for preventing police brutality
According to a local activist, the assault took place on 20 March 2014 in the Senior High School (SMU) complex Yapis Nabire, Papua. Siluwanus Nagapapa was trying to stop the brutal action of ten members of the Mobile Brigade of Nabire District Police against an inebriated Papuan. However, the police were offended by Siluwanus and immediately attacked him, slashing his head twice as well as stabbing him in the back.
Attempting to save himself, Siluwanus Nagapapa fled to the house of Paulus Kobogou. Seeing Siliwunus was bleeding Siliwunus, Paulus prevented the police from entering his house by standing in front of the door. He asked the police why they were chasing and injuring Siluwanus. Yet, instead of responding to Paulus's question, the police brutally attacked him.
Siluwanus Nagapapa and Paulus Kobogou were later detained at Nabire District Police Station. After being detained for two hours, Paulus was taken to Siriwini Nabire Hospital because he had lost a great deal of blood and fainted, while Siluwanus was taken to the same hospital on the next day, after he too, fainted in the detention cell. After one week of treatment, both were allowed to go home and receive outpatient treatment. There has been no investigation into this case and the victims must bear the cost of their medical treatment.
I am aware that Indonesia has ratified The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT) by enacting the Law No. 5 of 1998. Freedom from torture as a non derogable right is also guaranteed by the Constitution (UUD 1945). Such guarantee is further enshrined in various regulations in Indonesia, ranging from Law No. 39 of 1999 on Human Rights, to internal regulations of state institutions. In 2009, for example, the Chief of the Indonesian National Police issued a regulation that requires police officers to respect human rights principles in performing their duties.
However, all these regulations are not adequate to stop the practice of torture and to ensure the perpetrators are tried and punished in accordance with the law. In Papua, torture is widely practiced not only for political crimes but also petty crimes. In some cases, torture is often a response of state officials over small dispute they have with the civilians. This case was a second attack by the police Mobile Brigade of Nabire in the same week. Previously, over a small dispute, members of the Mobile Brigade of Nabire District Police stabbed two Papuans with bayonets.
I am therefore calling you to make interventions in this case by ensuring that police officers responsible for physically harming Siluwanus Nagapapa and Paulus Kobogau are investigated. An internal investigation by the Security and Professionalism Division of the Indonesian National Police should be held so that administrative sanctions can be imposed on those officers. However, such investigation should only be complementary – and not a substitute – to the criminal investigation.
I look forward for your positive and swift actions on this matter.
Yours sincerely,
Please send your letters to:
1. Mr. Susilo
Bambang Yudhoyono
President of
the Republic of Indonesia
Jl. Veteran No.
16
Jakarta Pusat
INDONESIA
Tel: +62 21 3458
595
Fax: +62 21 3484
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. Gen. Sutarman
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: info@polri.go.id
4. Mr. Tito Karnavian
Chief of Papua
Regional Police
Jl. Samratulangi
No. 8 Jayapura
INDONESIA
Tel: +62 967
531014
Fax: +62 967
533763
Email: poldasumbar@uppabareskrim.info
5. Mr. Djoko Suyanto
Chairperson of
National Police Commission
Jl. Tirtayasa
VII No. 20
Kebayoran Baru,
Jakarta Selatan
INDONESIA
Tel: +62 21 739
2315
Fax: +62 21 739
2352
E-mail: secretariat@kompolnas.go.id
or skm@kompolnas.go.id
6. Mr. Hafid Abbas
Chairperson of
the National Human Rights Commission
Jl. Latuharhary
No. 4-B
Jakarta 10310
INDONESIA
Tel: +62 21 392
5227-30
Fax: +62 21 392
5227
E-mail: info@komnas.go.id
Thank you.
Urgent Appeals
Programme
Asian Human Rights
Commission (ua@ahrc.asia)
Source: http://www.humanrights.asia/news/urgent-appeals/AHRC-UAC-064-2014.
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