LAKSAMANA.Net, September 3, 2004 07:54 PM
Security Forces Accused of Murder & Torture
Laksamana.Net - Indonesia's state-sponsored rights watchdog has accused security
forces of gross human rights abuses, including murder, torture, rape and arbitrary
arrests, in rebellious Papua province.
In findings submitted to the Attorney General's Office on Friday (3/9/04), the National
Commission on Human Rights (Komnas HAM) said the abuses took place during two
separate incidents in 2001 and 2003 in the remote province, where separatist rebels
have for decades been waging a sporadic battle for independence.
The first incident took place on June 13, 2001, in Wasior district, Manokwari regency,
after unidentified attackers killed five Mobile Brigade (Brimob) paramilitary police
during a raid on the base camp of a logging firm in the area.
Police responded by raiding several villages and allegedly killed four civilians, while six
others were tortured, one was raped and five went missing.
According to Komnas HAM's preliminary findings, 14 local police were responsible for
carrying out the abuses, while four of their superiors from the provincial police were
also deemed responsible because they had not prevented the attacks or prosecuted
the officers.
The second incident took place on April 4, 2003, in Wamena district, after alleged
Free Papua Organization (OPM) rebels broke into a military arsenal and stole 29 rifles
and 3,500 rounds of ammunition.
Komnas HAM said Army troops responded to the theft by carrying out raids in which
nine civilians were killed, while another 38 were tortured and 15 others arbitrarily
arrested.
The raids also reportedly involved arson attacks and resulted in the displacement of
thousands of residents from 25 villages in the area. At least 42 of the villagers later
died in refugee camps.
Komnas HAM said 164 military personnel were responsible for the violence, while four
of their superiors from the provincial military command were also deemed responsible
because they had not stopped the violence or prosecuted the officers.
Crime & Punishment
Allegations of human rights abuses against the Indonesian Defense Forces (TNI) and
police in Papua are nothing new.
In November 2001, members of the Army's elite Special Forces (Kopassus)
assassinated prominent Papuan separatist leader Theys Eluay, who had advocated
independence through peaceful means.
Seven Kopassus soldiers are now serving jail terms ranging from two to three and a
half years for their involvement in the killing. Army chief General Ryamizard Ryacudu
has praised the murderers as heroes.
Kopassus troops were also accused of involvement in the unsolved murder of two US
citizens and an Indonesian near the huge Freeport gold mine in Papua in August
2002. The military has denied any involvement and blamed the killings on an OPM
faction.
Offenses involving TNI personnel have almost always been dealt with by military
tribunals, except for the cases of crimes against humanity in East Timor and Tanjung
Priok that were handled by Indonesia's special human rights court.
But the Supreme Court this week officially took over TNI's responsibility for the
supervision of military tribunals, which means – in theory at least – that state troops
charged with violations of the Criminal Code can now be investigated by police and
tried before district-level civilian courts.
Despite the change, which is a consequence of People's Consultative Assembly
Decree No.7/2000 on the Role of TNI and National Police, Supreme Court chief justice
Bagir Manan has said he is in no hurry to begin implementing the new system lest it
cause any friction between the military and police.
Further Investigations
Komnas HAM chairman Abdul Hakim Garuda Nusantara said the commission's
findings on the two Papua rights abuse cases were submitted to the Attorney
General's Office for further investigation and legal processing.
Attorney General's Office director for cases of gross human rights violations I Ketut
Murtika said a special team of state prosecutors would be formed to follow up the two
reports by conducting further research.
"We are unable to give any conclusions regarding the two cases because we have
only received them today. But we will immediately form a team of public prosecutors
to research the two reports,” he was quoted as saying by detikcom online news
portal.
He said that if the results of the research show strong evidence that human rights
abuses occurred, the cases would be immediately upgraded to the investigation
stage.
Asked whether the Komnas HAM reports name any suspects, he replied: "We don't
have any suspects yet because these are just the results of Komnas HAM's
investigations. We will study them first.”
Murtika said the Attorney General's Office would on September 9 provide further
details of the recommendations made by Komnas HAM.
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