Papuan Activist At Risk
Date: 24 August 2012
AMNESTY INTERNATIONAL
URGENT ACTION
PAPUAN POLITICAL ACTIVIST AT RISK
Former prisoner of conscience Yusak Pakage is
being denied access to medical treatment while in police
detention in Papua province, Indonesia. He has reportedly
been threatened with torture and has not had access to a
lawyer since his arrest.
Yusak
Pakage was arrested on 23 July and is being
detained at Jayapura city police station. According to
sources he is suffering from stomach pains and has not been
able to eat. He is being denied access to medical treatment
by the Jayapura police authorities and has reportedly been
threatened several times with torture and
other-ill-treatment. He has been beaten in detention in the
past.
Yusak Pakage was arrested during the trial of
Papuan political activist Buchtar Tabuni. While waiting for
court proceedings to begin, he is reported to have kicked a
bin in frustration, which hit a nearby civil servant. Police
who were also in the court room approached Yusak Pakage and
searched him. They found a pen-knife in his bag. He was
arrested and later charged under Emergency Regulation
12/1951 for “possession of a weapon”, which carries a
maximum sentence of ten years’ imprisonment. He has not
had access to a lawyer since his arrest.
Amnesty
International has also received information that Yusak
Pakage’s interrogation has not focused on the incident in
the court on 23 July. Instead, police have questioned him
about his political activities and his recent efforts to
raise funds for sick political prisoners. He has also been
questioned about his connection with the pro-independence
movement in Papua.
A former Amnesty International
prisoner of conscience, Yusak Pakage is currently the
co-ordinator of a local movement in Papua called the Street
Parliament (Parlemen Jalanan). He has raised concerns about
security for Papuans and the situation of political
prisoners in Papua. He was recently involved in supporting
local non-governmental organization Solidarity for Victims
of Human Rights Violations (SPKP HAM) in raising funds for
political prisoners who are sick. He and dozens of other
activists were arbitrarily arrested on 20 July by the
Jayapura police in connection with their fundraising
activities. All were released a few hours later.
Please write immediately in English, Indonesian
or your own language asking the authorities to:
• Ensure that Yusak Pakage is not tortured or
otherwise ill-treated while in detention;
• Ensure
that Yusak Pakage has access to medical treatment, and to
lawyers of his choosing; and
• Ensure that prison
conditions, conditions in detention facilities, and the
treatment of prisoners meet standards provided for in
Indonesian law as well as UN Standard Minimum Rules on the
Treatment of Prisoners.
PLEASE SEND APPEALS BEFORE
5 OCTOBER 2012 TO:
Jayapura City Police Chief
AKBP Alfred Papere
Jl. A. Yani No.11 Jayapura
Papua
Indonesia
Fax: +62 967 533763
Salutation: Dear Alfred Papere
Head of Papuan Provincial Department
of
Justice and Human Rights
Daniel Biantong
Jl. Raya
Abepura No. 37
Kotaraja - Jayapura 99117,
Papua,
Indonesia
Fax: +62 967 586112
Salutation:
Dear Daniel Biantong
And copies
to:
Head of the Division on Professionalism &
Security (Propam)
Inspector General Drs. Herman Effendi
Kadiv Propam Mabes Polri
Jl. Trunojoyo No. 3
Jakarta Selatan, Indonesia
Fax: + 62 21 7220669
Additional Information
Yusak Pakage
was arrested on 1 December 2004 when he and a group of
around twenty activists arrived at the Jayapura police
station to protest against the arrest of peaceful political
activist Filep Karma earlier in the day. Filep Karma and
Yusak Pakage had been among approximately 200 people who had
taken part in a peaceful ceremony in Abepura, Papua province
during which the “Morning Star” flag – a banned symbol
of Papuan independence – was raised.
Filep Karma was
arrested at the site of the ceremony. All of those who
gathered at the police station were arrested, most were then
released, but Yusak Pakage was detained. He and Filep Karma
were later charged with “rebellion” (makar) under
Articles 106 and 110 of the Indonesian Criminal Code (KHUP).
On 26 May 2005 Filep Karma was sentenced to 15 years’
imprisonment and Yusak Pakage to 10 years. Their sentences
were upheld by the Supreme Court on 27 October 2005. Both
men were adopted as prisoners of conscience by Amnesty
International. Yusak Pakage was released on 7 July 2010
after receiving a presidential pardon; however Filep Karma
remains in prison. Amnesty International continues to call
for Filep Karma’s immediate and unconditional release.
The Indonesian authorities have an obligation under
national law and standards to provide medical treatment to
all prisoners in the country. Article 58 of the Criminal
Procedure Code (KUHAP) obliges the government to provide
detainees access to independent medical treatment.
Further, Article 10 (f) of the Regulation of the Chief
of the National Police regarding the Implementation of Human
Rights Principles and Standards in the Discharge of Duties
of the Indonesian National Police (No. 8/2009) states the
police must ensure the full protection of the health of
persons in their custody and, in particular, shall take
immediate action to secure medical attention whenever
required.
International standards also provide for
medical treatment for prisoners. Principle 24 of the UN Body
of Principles for the Protection of All Persons under Any
Form of Detention or Imprisonment requires that the
authorities provide medical care and treatment whenever
necessary, and further, that they cover the costs of such
treatment.
Amnesty International continues to receive
credible reports of torture or other-ill-treatment by police
during arrest, interrogation and detention. As a state party
to both the International Covenant on Civil and Political
Rights (ICCPR) and the UN Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment
(UNCAT), Indonesia has a legal obligation to prohibit
torture and other ill-treatment in all circumstances. The
Indonesian Constitution and the Law on Human Rights (No.
39/1999) also provide for the right for all people in
Indonesia to be free from torture and other ill-treatment.
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