ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME
Urgent Appeal Case: AHRC-UAC-045-2013
20 March 2013
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INDONESIA: Police and military officers molested a pregnant woman and arbitrarily arrested six civilians in Paniai, Papua
ISSUES: Arbitrary arrest & detention, inhuman & degrading
treatment, military, police violence, sexual violence, violence against
women, women’s rights
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Dear friends,
The Asian Human Rights Commission (AHRC) has received
information regarding the raid conducted by a joint police and military
force in Paniai, Papua. The raid was conducted to find members of the
pro-independence group but the joint force arrested six civilians who
are not related in any way with this group. Four officers of the joint
force also molested a pregnant woman during the raid and physically
assaulted her 18 month old baby.
CASE NARRATIVE:
The AHRC was informed by a local activist that in the evening of 7
February, 2013, a joint force of the Indonesian National Police and the
Indonesian Military raided Ipakiye Village in East Paniai District,
Papua. The joint force consisted of members of Papua Regional Police’s
Mobile Brigade, Community Control Unit of Paniai District Police and the
753 Battalion of the Indonesian Military. The aim of the operation was
to find members of the pro-independence group, Free Papua Movement
(Organisasi Papua Merdeka, OPM). At around 9.30pm, the joint force
raided the house of Stepanus Yogi, a civilian who is married to Dorpina
Gobai and the father of a 18-month old baby. Just prior to the raid some
other villagers of Ipakiye told Stepanus that the joint force was
coming to his house so he ran for his life, leaving his wife and baby at
the house.
Four officers forced their way into the house and asked Dorpina
Gobay, who was in the six month of her pregnancy, the whereabouts of her
husband. Dorpina could not answer the officers’ questions as she was
shocked and only speaks the local language but not Bahasa Indonesia. As
the joint force could not find Stepanus at the house, they took out
their anger on Dorpina as well as her 18-month baby. Four officers
stripped Dorpina, held her down and took in turns to grope her
indecently. While some of the officers were sexually molesting her, some
others turned her baby upside down and shook him harshly until he
cried. The officers later left the crying baby and Dorpina and joined
with the other members of the joint force.
The raid was continued at the house of Musa Yeimo, the leader of the
local church. He and his family were still asleep when the joint force
surrounded the house and forcibly entered it. Musa Yeimo was later
arrested along with Benny Yeimo, Mesak Yeimo, Sam Yeimo, Kalep Yeimo and
Alpius Nawipa – all civilians, members of Ipakiye KINGMI Church and not
associated with the pro-independence group. The six civilians were
later brought to Paniai District Police Station.
Following the arrest and detention of these six civilians, the
residents of Ipakiya Village held two public protests demanding their
release. The police unconditionally released Musa Yeimo and the other
five individuals on 9 March 2013 as there were no evidence that they
were involved in the pro-independence movement.
ADDITIONAL INFORMATION:A report sent by a
local activist to the AHRC reveals that during February-March 2013 only
at least 12 civilians have been subject to arbitrary arrest and
detention by the joint force of the Indonesian National Police and the
Indonesian Military. Most of them were arrested and detained because the
police suspected they were involved in the pro-independence movement -
an allegation which even if proven would not alter the fact the arrest
was a violation of their human rights. Under the notion on the right to
freedom of association, getting involved in a non-violent political
organisation should not be classified as a crime.
The day before the raid in Ipakiye Village, on 6 February 2013, a
civil servant was arrested and detained for six nights at Paniai
Sub-District Police station on the false allegation of his involvement
in the activities of OPM. Four civilians were also arrested separately
on 25 February 2013 in the villages of Bobaigo and Daoguto for similar
allegation. The report also informs that a civilian was arrested by the
police on 11 March 2013 for a fabricated charge on murder. The police
beat him during the arrest to the point where his lips were bleeding.
The AHRC has published several cases concerning the arrest of Papuans
by Indonesian law enforcement officials for unreasonable allegation on
their involvement with the pro-independence group. On 27 November 2012,
Frengky Uamang
was arrested as the police suspected that he had provided food for the
members of OPM. Frengky was severely tortured for two days so that he
was not able to walk after the police released him and found out that he
was not involved with the OPM. Earlier this year on 15 February 2013,
the police also arrested and tortured
seven civilians in Jayapura in two separate occasions on the basis of having a relationship with the pro-independence group.
Under Indonesian law, victims of arbitrary arrest and detention may
submit a complaint to the District Court demanding for rehabilitation
and compensation. They may also submit a complaint to the
Professionalism and Security Unit (
Propam), a monitoring
mechanism within the police, but the proceeding is not impartial, not
transparent and, at its best, will only lead to disciplinary punishment
of the responsible police officers.
SUGGESTED ACTION:Please write to the relevant
Indonesian authorities demanding them to ensure those who are
responsible for the arbitrary arrest and sexual molestation during the
operation to be brought to justice. Please also urge them to provide
rehabilitation and adequate compensation for the victims in this case.
The list of the authorities is provided below.
The AHRC is writing separately to the UN Working Group on Arbitrary
Detention and the UN Special Rapporteur on the Rights to Freedom of
Peaceful Assembly and of Association.
SAMPLE LETTER:
Dear ___________,
INDONESIA: Police and military officers molested a pregnant woman and arbitrarily arrested six civilians in Paniai, Papua
Name of victims:1. Dorpina Gobay, 21 year old;
2. SG, 18 month old;
3. Stepanus Yogi;
4. Musa Yeimo, 48 year old;
5. Benny Yeimo, 27 year old;
6. Mesak Yeimo, 25 year old;
7. Kalep Yeimo, 21 year old;
8. Alpius Napiwa, 28 year old.
Names of alleged perpetrators:
Members of Indonesian National Police and Indonesian Military Joint
Force (Mobile Brigadiers of Papua Regional Police, Community Control
Unit of Paniai District Police, TNI 753 Battalion)
Date of incident: 7 February 2013
Place of incident: Ipakiye Village, East Paniai District, Papua
I am writing to voice my deep concern regarding the raid conducted by
a joint force of the Indonesian National Police and the Indonesian
Military at Ipakiye Village, East Paniai District, Papua, on 7 February
2013. I have been informed that in the raid which was meant to find the
members of a pro-independence group, Free Papua Movement (
Organisasi Papua Merdeka, OPM), six civilians were arrested and one woman was sexually molested.
I was told that at about 9.30pm that day, members of Papua Regional
Police’s Mobile Brigadier, Paniai District Police’s Community Control
Unit, as well as the Indonesian Miiltary 753 Battalion raided the house
of Stepanus Yogi. Yogi managed to escape from the raid as the other
villagers told him in advance that the joint force was coming. However,
his wife, Dorpina Gobai, and his 18 month year old baby, SG, were at the
house when four police officers came in. As they could not find
Stepanus, they took their anger out at Dorpina and the baby. They
stripped Dorpina, held her down and took turns groping her indecently.
They also harshly shook the 18 month old baby upside down until it
started crying. Dorpina Gobai was in her six month pregnancy when the
molestation took place.
After sexually molested Dorpina, the four officers joined the members
of the joint force who continued their raid to the house of Musa Yeimo,
the leader of the local church, who was asleep. Along with Benny Yeimo,
Mesak Yeimo, Kalep Yeimo and Alpius Napiwa, Musa Yeimo were arrested
and detained at Paniai District Police station in Madi. During
detention, the police interrogated them with questions regarding their
involvement with the OPM. They were released on 9 March 2013 after the
residents of Ipakiye village held two public protests demanding their
release and the police did not find any evidence concerning their
involvement with the pro-independence group.
I am extremely concerned that arbitrary arrest and detention are very
common in Papua. A local activist reported that during February-early
March 2013 alone, at least 12 civilians had been arrested by the
Indonesian law enforcement officials. Eleven of them –including Musa
Yeimo and his relatives- were arrested on an unreasonable allegation
regarding their involvement with the OPM. I am aware that previously in
Kwamki Baru District in November 2012, Frengky Uamang, was also arrested
and tortured for a similar reason. The same case took place in Jayapura
earlier this year when seven Papuans were arrested separately in two
occasions on 15 February 2013. All these individuals are merely
individuals and not members of the OPM. Yet even if they were, I wish to
emphasise that the right to freedom of association guarantee that
individuals should not be taken to the criminal proceeding merely for
their involvement with a non-violent political group.
I am aware that under Indonesian Criminal Procedure Code, victims of
arbitrary arrest and detention can submit a complaint to the court
asking for rehabilitation and compensation. The victims can also lodge a
complaint to the internal mechanism of the police and it may lead to
the handing down of disciplinary punishment to the responsible officers.
I am of the view that the mentioned mechanisms are not adequate and
proper legal venue that may provide the victims with justice. An
independent mechanism in which the responsible can be held criminally
responsible is what is needed.
Given this, I am urging you to ensure an independent and effective
investigation on this matter to take place. Those who are responsible
for the arbitrary arrest and detention of the civilians should be
brought to justice and the four officers who sexually molested Dorpina
Gobai and assaulted her baby should be proportionately punished.
Rehabilitation and adequate compensation shall also be provided to all
the victims in this case.
I look forward to your positive and swift response on this matter.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Mr. Susilo Bambang Yudhoyono
President of Republic of Indonesia
Jl. Veteran No. 16
Jakarta Pusat
INDONESIA
Tel:
+62 21 386 3777 , 350 3088.
Fax: + 62 21 344 2223, 3483 4759
E-mail: presiden@ri.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. Timur Pradopo
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. Ir. Gen. Drs. Tito Karnavian
Chief of Papua Regional Police
Jl. Dr. Sam Ratulangi No. 8
Jayapura
INDONESIA
Tel:
+62967 531 014 , 533 396
Fax: +62967 533 763
5. Kombes Pol. Drs. Sudarsono
Head of Security and Professionalism Division
Papua Regional Police
Jl. Dr. Sam Ratulangi No. 8
Jayapura
INDONESIA
Tel:
+62967 536 198
6. Mr. Agus Suhartono
Commander-in-Chief of the Indonesian Military
Mabes TNI
Cilangkap, East Jakarta
INDONESIA
Tel:
+62 21 8459 1243 Fax: +62 21 845 6805
7. Ms. Siti Nur Laila
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
Email: info@komnas.go.id
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)