Indonesia: Police torture and arrest Papuan civilians

11 October 2011

INDONESIA: Jayapura city district police and military arbitrarily torture and arrest Papuan civilians

The Asian Human Rights Commission (AHRC) has received information regarding the arbitrary arrest and torture of 15 Papuan villagers, including several minors, in Horas Skyline village, Jayapura, Papua, committed by a joint team of Jayapura city district police and Cenderawasih military area command on 31 August 2011. Until now, there is no investigation into the incident.

CASE NARRATIVE:

According to information received from Persekutuan Gereja-Gereja Baptis Papua (The Fellowship of Baptist Churches of Papua), Koalisi Masyarakat Sipil Untuk Penegakan Hukum dan HAM di Papua (Civil Society Coalition to Uphold Law and Human Rights in Papua) and other activists, on 31 August 2011 at 5am, around 115 members of a joint team of Jayapura city district police (POLRESTA) and Cenderawasih military area command raided Papuan villagers in Horas Skyline village, Abepura district, Jayapura, Papua. All of the team members had guns and long barreled rifles, and some of them were wearing a black mask. When they were some 300 meters from the targeted houses, the team shot at the houses seven times.

Siki Kogoya, a villager who was in his yard at the time, was shocked upon hearing the gunshot, after which he saw the joint team members make their way to him. One of the members pointed his gun at Siki's mouth, while three others pointed their long barreled rifles at his neck. They then beat him with rifle butts and kicked his head, face, ribs and chest. Siki was ordered to lie face down on the ground, while the officers continued pointing their weapons at him and asked him questions regarding the location of Panius Kogoya, Etra Yanengga, and Arman Kogoya, and whether he knows Danny Kogoya. This was related to their involvement in a shooting accident in Nafri on 1 August 2011, and the killing of a taxi driver and burning of his taxi in Skyline on 6 July 2011.

At the same time, other joint team members went to Biben Kogoya (the neighbourhood leader)’s small house (this small house is separated from Biben Kogoya's main house and is usually used by the community for worship, discussion or meeting) and raided it. The officers then brought 14 villagers (three of whom were sick), randomly picked up from the village, to Biben's yard, ordered them to lie down and forced them to see the sun rise without blinking. The officers humiliated, kicked, beat and pointed their guns at the victims. The officers asked the victims who among them were Danny Kogoya, Panius Kogoya, Ekimar Kogoya, Etra Yanengga and Gidi Wenda, and forced them to disclose the location of Panius Kogoya, Ekimar Kogoya, and Etra Yanengga, and whether they know Danny Kogoya.

Being the neighbourhood leader, Biben had learnt from the urban village head (LURAH, an administrative leader for the regency/city area), that members of the regional Papua police (POLDA) and Jayapura city district police would raid his house. He did not expect to be beaten however. The joint team members placed a photo of the killed soldier in Nafri into a photo album at Biben's house, then they showed it to him and forced him to admit that he was the killer.

Subsequently, Biben was dragged to an empty house which had been ransacked by the joint team members. There was a hole at the house, with bullets and papers around it. Biben was threatened with death if he did not admit that these belonged to him. When Biben refused to admit this, the officers dragged him towards the hole and tried to push him in. Biben managed to avoid falling in, but the joint team members then dragged him to another room. There, at the left corner, the officers ordered Biben to dig a hole while pointing a gun at him. Biben felt they would kill and bury him, and he tried to escape. He was caught and brought to his yard, where the other victims were held.

At 6:30pm Metius Kogoya, a Christian clergyman, heard of the news and at 9:30pm he came to the location where the victims were being held. There, he was asked by the joint team members to name all the victims. When he named Ekimar, the officers immediately beat and dragged him to an empty yard, where he was beaten repeatedly and forced to name another killer. Finally Ekimar named Panius, as a result of which Panius was also dragged to the yard and beaten together with Ekimar. Metius then sat with the other victims in solidarity. He observed the victims being humiliatiated and beaten for eight hours, until 1pm.

While the victims were being beaten and interrogated, other joint team members were raiding Biben Kogoya's house for documents that could be used as evidence. They seized ‘weapons’ such as traditional arrows, a chopper, a knife. In the backyard, one officer shot a hole through a frying pan, stating, “With this frying pan, you cooked and gave food to members of the Free Papua Movement (OPM).” The joint team members also raided other victims’ houses.

Furthermore, the joint team also asked Novi Kogoya alias Pia (7 years) to answer where was the gun hidden by her parents. Even though Novi Kogoya anwered that she did not know, they kept repeating the question.

Approximately at 1pm, the chief of regional police (KAPOLDA) of Papua and the chief of Jayapura city district police (KAPOLRESTA) came to Biben's yard and ordered the joint team members to stop their assault. Then the victims were brought to the Jayapura city district police headquarters and interrogated as witnesses of the Nafri and Skyline killings. In violation of articles 17 and 38 of the Indonesian criminal procedure law, the joint team officers did not show any arrest and seizure warrant when arresting the victims. The police officers also did not inform the victims of their rights and interrogated them without legal counsel in violation of articles 51 and 54.

The Jayapura police officers threatened to kill Ekimar and Panius if they did not confess to being the killers in the Nafri and Skyline incidents. As a result, the two victims made statements that they were the killers. Ekimar is a minor, and his rights were violated by being interrogated and detained in the same manner as an adult.

The police completed their interrogation of the victims at 11pm, excluding Ekimar and Panius, who were considered as suspects of manslaughter, murder, and violence under articles 338, 340 and 170.1 of the criminal code. The victims were taken to a prison truck and not given food until the following morning.

On the next day, September 1, at 11:40am, a representative from the national human rights commission in Papua, the Baptist church of Papua and several human rights activists came to the Jayapura city district police headquarters to see the victims. After several complaints submitted to the police and due to insufficient proof, the police released all the victims except Ekimar and Panius at around 3pm. The 13 victims are presently suffering from trauma and cannot conduct their daily activities as usual.

On September 3, at 9am, the Jayapura district police gave arrest and detention warrants to the families of Ekimar and Panius in violation of articles 17 and 21.1 of the Indonesian criminal procedure law.

SUGGESTED ACTION:
Please write letters to the authorities listed below asking them to intervene in the case immediately to ensure that all perpetrators are brought to justice in accordance with international human rights norms.

Please be informed that the AHRC is also sending letters to the Special Rapporteur on the rights of indigenous people, the working group on arbitrary detention, and the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, calling for their intervention into this matter.

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ENDS

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