INDONESIA: Peaceful protesters arrested & tortured by police in Papua
ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME
Urgent Appeal Case: AHRC-UAC-057-2014
23 April 2014
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INDONESIA: Peaceful protesters arrested & tortured by police in Papua
ISSUES: Arbitrary arrest & detention; freedom of assembly; freedom of expression; inhuman & degrading treatment; police violence; torture
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Dear friends,
The Asian Human Rights
Commission (AHRC) has received information regarding the arbitrary
arrest and the torture of two Papuans participating in a peaceful
protest. The protesters are reported to have been electrocuted and
beaten while being transported to the Jayapura police station in a
police truck. They have been forced to sign a falsified police
investigation report and have been denied medical treatment and access
to lawyers.
CASE NARRATIVE:
According to information gathered by London-based human rights organisation TAPOL,
Alfares Kapisa and Yali Wenda were participating in a peaceful
demonstration at Cendrawasih University on 2 April 2014. The protest was
part of the Global Day of Action, demanding the release of 76 Papuan political prisoners.
According to information gathered by London-based human rights organisation TAPOL,
Alfares Kapisa and Yali Wenda were participating in a peaceful
demonstration at Cendrawasih University on 2 April 2014. The protest was
part of the Global Day of Action, demanding the release of 76 Papuan political prisoners.
Protesters began gathering at 8 a.m. in
Cendrawasih University, Waena. Soon thereafter, three trucks of the
Jayapura Crowd Control police, three trucks of the police Mobile
Brigades, a water cannon, and a barracuda tank were deployed.
Photo: Yali Wenda (left) and
Alfares Kapisa (right) were arrested and tortured by Jayapura police
officers for participating in a protest calling for the release of
Papuan political prisoners. Courtesy of Tabloid Jubi)
At around 10.20 a.m., the protesters
were about to march to join other protesters at Abepura. The police,
however, blocked them from doing so and asked the protesters to
disperse. The protesters refused the order and sent Alfares Kapisa, who
is the field coordinator of the demonstration, as well as Yali Wenda,
who delivered a speech during the protest, to negotiate with the police.
The police, however, arrested them for no reason, beat them, and threw
them into the police truck. Yali Wenda informed TAPOL that he and
Alfares were held in the truck for about one and a half hours, where
they were beaten in various parts of their bodies, kicked, trampled on,
and electrocuted using electric stun batons. The police also reportedly
stamped on Yali’s wounded foot. Alfares told local newspaper Tabloid Jubi there were about 10 police officers who beat them.
At Jayapura district police station,
Yali and Alfares were put in a cell. They were ordered to take off their
clothes which were by then covered with blood. They were given other
clothes while those covered with blood were being washed. A doctor
entered their cell to clean their wounds and to stitch up Yali Wenda’s
ear. The stitching was performed without anaesthetic.
Following the torture, Alfares told TAPOL that he thought his ribs might be broken and that it was very painful for him to sit down.
Following the torture, Alfares told TAPOL that he thought his ribs might be broken and that it was very painful for him to sit down.
At 7.30 p.m, the same day, lawyer Olga
Hamadi of the Commission for the Disappeared and Victims of Violence
(KontraS) and Pastor Dora Balubun visited Jayapura district police
station and requested to meet with Alfares Kapisa and Yali Wenda. They
were not given permission to see any of the arrested and tortured
protesters. Another Papuan human rights lawyer, Gustaf Kawer, contacted
the Chief of Jayapura District Police, Alfred Papare, requesting
permission to meet the protesters but his request was also denied. At 9
a.m. the following day, 3 April 2014, lawyer Ivon Tetjuari demanded a
meeting with the protesters. She was also refused permission.
On the same morning, between 8 to 11
a.m., Alfares and Yali were interrogated and asked to sign a falsified
police investigation report. The report states that neither Alfares nor
Yali was beaten and that both of them had attacked the police. Against
their will, they were made to sign a statement, which implied that they
would not hold demonstrations in the future.
They were released that afternoon and
taken to Dian Harapan hospital for medical treatment. However, the
hospital refused to provide them with a medical report unless they
provided a letter from the police. Having been held captive and
tortured, Alfares and Yali were reluctant to obtain such a letter from
the Jayapura district police. The following day, lawyer Olga Hamadi of
KontraS also made a request to the hospital for a medical report to no
avail.
ADDITIONAL INFORMATION:
Freedom of expression is
disproportionately restricted in West Papua. International journalists
are forbidden by the Indonesian government to enter the region and
demonstrations are often violently dispersed. A peaceful protest
commemorating the International Day of Democracy
last year, for instance, ended with the arrest of 71 protesters.
Previously, in a peaceful protest on 1 May 2013 in Sorong, the
Indonesian security forces shot two Papuan protesters to death and
injured three others. The Indonesian government admitted
the restriction on freedom of expression in West Papua during the UN
Human Rights Committee’s session on Indonesia last year. However, the
government insisted that they would continue to stop peaceful
expressions of political views that aim to separate Papua from Indonesia
by means of criminal charges.
Torture is commonly practiced by state officials in West Papua. The AHRC has earlier reported, for example, the torture of Nahor Stefanus Yalak in September 2013. He was beaten and kicked in various parts of his body by police and military officials.
Torture is yet to be criminalised in
Indonesia, despite the country’s ratification of the UN Convention
against Torture in May 1998. Perpetrators are not usually brought before
criminal court. On the rare occasion when a perpetrator is tried,
punishments imposed are typically lenient. In a recent torture case in West Sumatra, the judges granted probation to two prison guards who beat and electrocuted an inmate.
SUGGESTED ACTION:
Please write to the listed authorities
below, asking them to ensure that the allegation of torture against
Alfares Kapisa and Yali Wenda is investigated. The police officers
responsible for the torture should be tried in a criminal court and
punished with adequate sentence which reflect the abuses they have
perpetrated.
The AHRC is writing separately to the
UN Special Rapporteur on torture and other cruel, inhuman or degrading
treatment or punishment, the UN Special Rapporteur on the right to
freedom of opinion and expression, the UN Special Rapporteur on the
rights to peaceful assembly and association, as well as the UN Working
Group on Arbitrary Detention.
To support this appeal, please click here: 
SAMPLE LETTER:Dear ___________,
INDONESIA: Peaceful protesters arrested & tortured by police in Papua
Name of victims: Alfares Kapisa, Yali Wenda
Names of alleged perpetrators: Unidentified officers attached to the Crowd Control Unit of Jayapura District Police
Date of incident: 2 April 2014
Place of incident: Jayapura, West Papua
I am writing to voice my concern
regarding the arbitrary arrest and the torture of Alfares Kapisa and
Yali Wenda, two university students participating in a peaceful protest
at Cendrawasih University in Jayapura, West Papua.
According to credible information I
have received, on the morning of 2 April 2014, students of Cendrawasih
University gathered to hold a protest demanding the release of 76 Papuan
political prisoners. They were about to march to Abepura to join other
protesters, when their path was blocked by the police. Three trucks of
Jayapura Crowd Control police, three trucks of the police Mobile
Brigades, a water cannon, and a barracuda tank were deployed. The
protesters refused the police order to disperse themselves. Instead,
they sent Alfares Kapisa – the field coordinator of the protest – as
well as Yali Wenda, who delivered a speech during the protest, to
negotiate with the police. Instead of negotiating with the
representatives, the police arrested and beat them.
Yali Wenda informed London-based human
rights organisation TAPOL that he and Alfares were held in the truck for
about one and a half hours, where they were beaten in various parts of
their bodies, kicked, trampled on, and electrocuted using electric stun
batons. The police also stamped on Yali’s wounded foot. Local newspaper
Tabloid Jubi reported that, according to Alfares, there were about 10
police officers torturing him and Yali.
Both Alfares and Yali were later taken
to Jayapura district police station where they were put in a cell and
ordered to change their blood stained clothes. A doctor came to the cell
to clean the wounds and to stitch Yali’s torn ear without using
anaesthetic. Later in the evening, a lawyer of the Commission for the
Disappeared and the Victims of Violence Papua (KontraS Papua), Olga
Hamadi, as well as Pastor Dora Balubun, visited the police station and
requested to see the students. Their request, however, was refused. Two
other lawyers contacted the police, demanding to meet with Alfares and
Yali but their efforts were equally unfruitful.
In the morning of 3 April 2014, Alfares
and Yali were interrogated and forced to sign a falsified police
investigation report. The report indicates that they had not been
tortured and that they have attacked the police during the
demonstration. Alfares and Yali were also made to sign a statement
mentioning that they will not hold more demonstrations in the future.
They were released in the afternoon of the same day and were taken to
Dian Harapan hospital for medical treatment. The hospital, however,
refused to provide Alfares and Yali with their medical reports. It
required the tortured protesters to firstly obtain an official letter
from the Jayapura district police, i.e. from those responsible for their
detention and torture.
I note with concern that freedom of
expression is unreasonably restricted in West Papua and that torture is
commonly practised by state officials in the area. This case
unfortunately reflects the severity of violations both to the rights to
freedom from torture and to freedom of expression, which are guaranteed
under the 1945 Constitution and the international human rights
instruments ratified by Indonesia. Such instruments, including the
International Covenant on Civil and Political Rights (ICCPR), oblige
Indonesia to provide effective remedies to the victims of human rights
violations, as stipulated in Article 2 (3) of the Covenant.
I am therefore calling on you to ensure
that the allegations of torture of Alfares Kapisa and Yali Wenda are
impartially and effectively investigated. The police officers
responsible for the abuse should be tried in a criminal court and
punished adequately. Other civil investigations should complement, and
not substitute, such criminal proceedings. Medical treatment of both
Alfares and Yali should also be covered at the expense of the state.
I look forward to receiving your swift and positive response in this matter.
Yours sincerely,
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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
E-mail: webmaster@setneg.go.id
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
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, 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)
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