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Indonesia
796. By letter dated 4 August 2004, the Special Rapporteur notified the Government that he had received allegations concerning:
797. Murai Viktor Yoweni, a Papuan man from Wondiboi, Wasior, Papua, and Musa Kulla and Mandinus Jikwa, persons arrested and beaten by security forces in relation to an armed attack on a Police Mobile Brigade (Brimob) post in in Wondiboi village on 13 June 2001 (cited in a previously transmitted communication, E/CN.4/2002/76/Add.1, para. 733). On 30 June 2001, Murai Viktor Yoweni was arrested by security forces personnel, and subjected to torture during interrogation to confess his involvement in the attack. Musa Kulla and Mandinus Jikwa were shot in the right leg at point blank range. They initially received hospital treatment in Manokwari and Jayapura, and were later taken back to Polres Manokwari in late June 2001. Medical care was inadequate and their condition deteriorated. In August 2001, they were transferred to Manokwari Prison with the rest of the detainees. Musa Kulla was permitted to visit Manokwari General Hospital on 15 November 2001. It is likely that Musa Kulla will be partially crippled as a result of inadequate medical care.
798. The 16 detainees mentioned in the same communication did not have access to their lawyers until 12 June 2001, over six weeks after their arrest. During this period, they were interrogated and forced to make and sign confessions extracted under torture. A police-appointed lawyer cross-signed their statements, but the detainees had never met with the police lawyer and he was not present when they were being questioned. The prosecution case was primarily based on their confessions. Their legal representatives complained to the panel of judges that the information in the defendants’ statements was false, that the defendants had been tortured, the confessions extracted under pressure, and that most of the defendants could in any not case read the statements that they had signed because they could not read or fully understand Bahasa Indonesian. The judge dismissed the complaint and only queried why the defendants signed the statements if they could not understand them. They were found guilty and sentenced to terms of imprisonment of 14 and 15 months. None of them exercised their right to appeal, apparently because they feared that they might be subjected to further torture or ill-treatment.
799. Daniel Yairus Ramar, a 51- year-old-school teacher and deputy head of the Wondama Tribal Council (DPMA), Wondamawi village, Papua. In July 2001, he was arrested in Serui, Yapen Waropen district, where he fled after being pursued by members of Brimob after an attack in Wondiboi village on 13 June 2001. He died on 20 or 21 July 2001 while in police custody in Manokwari. The police claimed that he was already ill when he was taken by the police to Manokwari and that he had died of natural causes. However, medical personnel at Manokwari General Hospital claimed that his body was covered with lacerations and bruises. No autopsy was performed and his relatives were only permitted to take his body for burial on the condition that they did not request an autopsy. Relatives and neighbours of Daniel Yairus Ramar had also been subjected to harassment and violence. As Daniel Yairus Ramar was not in Sanoba village on 9 July 2001 when 30 members of Brimob arrived in search of him, they arrested Marthinus Daisiwa, his 21-year-old son in law, and two other men, Gasper Aronggear and Willem Koromat. The two later were released on 10 July 2001. Both men were bruised, and Gasper Aronggear’s ear was torn and one of his teeth had been knocked out. Marthinus Daisiwa remained in detention and was shot in the left leg by Brimob personnel. He initially received treatment for a wound at Nabire General Hospital, where he was handcuffed to a bed. On 18 July 2001, he was taken to Manokwari Police Resort (Polres), where he was beaten. Marthinus Daisiwa was charged with separatism, rebellion, conspiracy to commit separatism, rebellion, participation in an association with the intent of committing crimes, murder, manslaughter, and maltreatment. Witnesses for the defence refused to appear at the trial because they were afraid for their own safety. Marthinus Daisiwa was found guilty and sentenced to one year and ten months’ imprisonment. The sentence was increased to seven years by Jayapura High Court. His claim that his confession had been extracted from him under torture was not investigated.
800. Tonche (Hengki) Baranso, a teacher, Wasior Sub-district. On 20 July 2001, he was arrested at home by members of Brimob. He and three other men from his village were taken to Wasior Police Sector (Polsek) where they were held for two days, during which time they were beaten both with fists and rifles. The four men were taken by boat to Manokwari Polres, where they were held in a cell with 25 other detainees. Tonche Baranso was handcuffed to another prisoner for a week. On the third day, members of Brimob entered the cell and beat the handcuffed detainees, including him. The following day he underwent interrogation during which he was hit with rattan sticks and rifle butts. He was accused of providing food to a person who was widely believed to have led an attack on a logging company in Wondiboi. He eventually confessed under pressure. The beatings continued on and off for the three months that he was held at Polres Manokwari. He was released in early November 2001, but was still required to report daily to the police in Manokwari. He was sentenced to one year and three months in prison for participating in a training of the armed independence movement National Liberation Army (Tentara Pembebasan Nasional, TPN) in June 2000.
801. Willem Korwam, a health worker from Wasior II village, Wasior Sub-district, Manokwari District. On 6 September 2001, he was ordered to accompany members of Brimob who had come to his home. He was seen walking along the beach with members of Brimob, some of whom were masked. A piece of cloth had been tied around Willem Korwam’s mouth to gag him. On 10 September 2001, his dismembered body was discovered in a plastic bag floating in the sea close to Wasior harbour.
802. A. M., aged 17, Meunasah Ujong Baroh. On 14 May 2003, he was arrested in his village by Indonesian National Army (TNI) troops from unit 126/KH. He was taken to the military base, where he was beaten with rifle butts, and kicked with army boots. He was released when his father went to the base. His father took him to the hospital, where he stayed for a few days.
803. The Special Rapporteur has also received information according to which 12 soldiers from Battalion Infantry (Yonif) 301 were acquitted on 10 October 2003 by the Lhokseumawe Military Court. The soldiers had been accused of torturing citizens from East and West Gleumpang Sulu villages, in Deantara district, North Aceh. In a court hearing they confessed that they had subjected some villagers to torture to get information about a member of Free Aceh Movement (Gerakan Aceh Merdeka, GAM). The judges eventually decided that there was not enough evidence to convict the soldiers since it was too dark when the facts occurred and the victims and assaulters could not recognize each other. The court defined the villagers as torture victims but announced that they could not receive any compensation because the perpetrators had not been found yet.
804. Yapenas Murib (cited in a previously transmitted communication, E/CN.4/2004/56/Add.1, para. 773). According to new allegations received, on 15 April 2003 Yapenas Murib died in the Jayawijaya Military Command (Kodim 1702), Wamena. In custody, ropes were tied around his neck and pulled in different directions by the soldiers. Soldiers kicked him each time he fell. He was last seen alive in Ilekma on the evening of 14 April 2003. According to a local newspaper, the autopsy report attributed his death to obstruction of the respiratory tract. The newspaper also quotes the Military Commander of Kodim 1702 as saying that he died after suffering breathing problems although he was provided with medical assistance by members of Kodim 1702 before being taken to Wamena General Hospital. According to the same newspaper, relatives of Yapenas Murib were forced by the military to sign a letter agreeing not to hold them responsible for his death.
805. By letter dated 5 August 2004, sent jointly with the Special Rapporteur on the right to freedom of opinion and expression and the Special Representative of the Secretary-General on human rights defenders, the Special Rapporteur notified the Government that he received allegations concerning Muhammad Nazar (cited in a previously transmitted communication, E/CN.4/2004/62/Add.1, para. 392). On 19 February 2004, he was beaten in the face and kicked in the chest while being questioned by police intelligence (Intel) in Aceh Regional Police Station, Markas Kepolisian Daerah, Mapolda. He was denied access to his lawyers and relatives. His wife was questioned for six hours at Mapolda on 27 February 2004 about her campaign to release Muhammad Nazar and her relations with Amnesty International.
806. By letter dated 6 August 2004, sent jointly with the Special Rapporteur on the right to freedom of opinion and expression, the Special Rapporteur notified the Government that he received allegations concerning Alif Imam Nurlambang, an editor from Indonesia’s 68H radio station, who had been in Aceh for three weeks and had been reporting about the conditions of the displaced population in South Aceh. On 4 July 2003 at about midday, he and his guide were pulled outside the house of a resident he was interviewing in Panton Luas. Five of the soldiers severely beat and kicked him, especially on the back with an M-16 rifle butt, and was threatened with being shot. He was interrogated about numbers in his mobile phone address book, and accused of carrying the numbers of a well-known GAM commander. He was subsequently released.
807. By letter dated 16 August 2004, sent jointly with the Special Rapporteur on violence against women, the Special Rapporteur notified the Government that he received allegations concerning 300 people from a settlement area in Pidie. On 13 June 2003, they were forced to gather by TNI and Brimob personnel. They were ordered to line up and perform physical exercise for almost five hours. Many of them were severely beaten. Among those forced to perform physical exercise were women, children and 90-year-old men. 72 people were brought to the public hospital in Sigli. Umar Bin Usman, aged 32, and Muhammad Ali, aged 21, who were suspected of belonging to GAM, were killed on the spot. Three weeks later another joint TNI-Brimob operation lined up the men, questioned them, and hit them with rifle butts. Seven women were accused of belonging to the women’s wing of GAM, and forced to strip in public.
808. By letter dated 16 August 2004, sent jointly with the Special Representative of the Secretary-General on human rights defenders, the Special Rapporteur notified the Government that he received allegations concerning Muzakir Abdullah, a 21-year-old volunteer for Kontras Aceh, the Commission for Involuntary Disappearances and Victims of Violence in Aceh, living in Batee Leusong, Seumirah village, Nisam district, North Aceh. On 16 June 2004, he was arrested at his house by a group of military personnel. On 17 June 2003, his body was found tied to a tree trunk. His neck was scratched and he had wounds all over his body.
809. By letter dated 20 August 2004, sent jointly with the Special Rapporteur on the right to freedom of opinion and expression, the Special Rapporteur notified the Government that he received allegations concerning Johan Calvin Werianggi. On 4 September 2001, he was arrested by Brimob personnel and taken to Polsek Windesi. Along the way, he was punched, kicked and beaten with the butt of a gun. He was tied to a flagpole in front of Polsek Windesi and beaten. He was subjected to similar treatment once inside. Later that day, he was taken to a boat and has not been heard of since.
810. By letter dated 20 September 2004, sent jointly with the Special Rapporteur on extrajudicial, summary or arbitrary executions, the Special Rapporteur notified the Government that he received allegations concerning Johan Calvin Werianggi (cited in a previously transmitted communication).
811. By letter dated 30 November 2004, the Special Rapporteur notified the Government that he had received allegations concerning:
812. Kasem Berdan, aged 75, Paloh Seulimeng village, Jeunieb district. On 24 September 2004, he was arrested by members of the TNI Raider 300 Unit. He was questioned about the whereabouts of a GAM base in the area. He was severely beaten when he denied knowledge and taken away. His whereabouts are unknown.
813. Muhammad Ibrahim, aged 54, Paya Karieng village, Suka Jaya, Sabang. On 25 September 2004, at 12.10 am, he was arrested at home by TNI troops and taken to the Police Resort Headquarters (Mapolres), Saban, where he was beaten. On 25 September 2004 at 11 am, he was released and returned home. On 28 September 2004, when he was conducting the night watch in the village, he was arrested again, detained at Mapolres Sabang, and beaten. On 30 September 2004, officials of Mapolres Sabang visited Muhammad Ibrahim’s home to inform his wife that he was seriously ill and was hospitalized at Sabang Hospital. He was dead by the time she arrived. She observed injuries all over his head and body, including knife-cuts.
Urgent appeals
814. On 27 January 2004, the Special Rapporteur sent a joint urgent appeal with Chairperson-Rapporteur of the Working Group on Arbitrary Detention and the Special Representative of the Secretary-General on the situation of human rights defenders, regarding Husni Abdullah, aged 26, and Mahyyeddin, aged 23, members of the People’s Crisis Centre (PCC), an organization which provides humanitarian assistance to internally displaced persons in Nanggrose Acre Darussalam Province. According to the allegations received, on 15 December 2003, Husni Abdullah was arrested by members of the North Aceh District Military Command (Kodim 0103) at the PCC Office in Meunasah Mesjid Cunda village. At the time of his arrest, he was beaten, interrogated, and his office was searched. He was initially held in Kodim 0103 and transferred around 3 January 2004 to North Aceh District Police Station (Kapolres), where he has been denied access to his family or lawyers. He has lost several teeth as a result of being beaten with fists and rifle butts. On 15 December 2003, Mahyyeddin was arrested by officers from Kodim 0103 in Sawang Kupala Cunda village. He was also held at Kodim 0103 before being transferred to Lhokeseumawe Prison, where he is believed to have no access to his family and only limited contact with his lawyers. He has been beaten while in custody.
815. On 25 February 2004, the Special Rapporteur sent a joint urgent appeal with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention, the Special Rapporteur on the right to freedom of opinion and expression and the Special Representative of the Secretary-General on the situation of human rights defenders, regarding Masrizal, Iwan Irama Putra, aged 27, a member of the Network of Linge Students (IMPEL) based in Central Aceh district, whose work has included providing assistance to internally displaced people, Ms. Harlina, aged 22, a member of IMPEL and the Acehnese Democratic Women’s Organization (ORPAD), which carries out activities for women’s education and empowerment throughout Nanggroe Aceh Darussalam Province, Ms. Nova Rahayu, aged 23, Ms. Nursida, aged 22, both members of ORPAD, and Syafruddin, a member of the educational and human rights organization, Student Solidarity for the People (SMUR), all living in Banda Aceh. According to the allegations received, on 19 February 2004, Brimob officers arrested Masrizal at his home on suspicion of being a member of GAM. He is believed to be held in Banda Aceh Regional Police Station (Mapolda Banda Aceh). On 22 February at around 12.30 pm, Iwan Irama Putra was arrested by Brimob at a friend’s home, and has not been seen since. He was an acquaintance of Masrizal. On 23 February at around 4 am, Harlina was arrested at home, beaten, and taken away in a Kijang minivan. She was last seen approximately two hours later, when police took her with them to the house of another activist. At around 5 am, police arrived at the student dormitory looking for Syafruddin. At 6a m, Nursida and Nova Rahayu were arrested at Nursida’s home, and taken away in two trucks. Their whereabouts are unknown.
816. On 5 April 2004, the Special Rapporteur sent a joint urgent appeal with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention, the Special Rapporteur on the right to freedom of opinion and expression, the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people and the Special Representative of the Secretary-General on the situation of human rights defenders, regarding Bestari Raden, a 55-year-old environmental and pro-democracy activist. According to the allegations received, on 23 March 2004, he was arrested by soldiers from the Aceh Tenggara District Military Command (Kodim 0108) in Lawe Pakam village, Babul Makmur Subdistrict, Aceh Tenggara district, Nanggroe Aceh Darussalam Province. It is alleged he is now held in Kodim 0108, and is undergoing intensive interrogation.
817. By letter dated 17 June 2004, the Government informed that he was arrested on 23
March 2004 for his involvement in a violent rally as well as in a number of serious crimes,
including murder, instigation of violence, arson, kidnapping and damage to public property.
Notwithstanding the seriousness of the accusations against him, the Government reassured
that a thorough inquiry into Bestari Raden’s activities is being conducted responsibly, and is
still ongoing. All the necessary measures are being taken to ensure the full protection of his
rights, and he has been given due process of law throughout the duration of his detention. The
expressions of concern over allegations of torture and ill-treatment against him are therefore
unfounded. He is currently in the custody of the South Aceh police headquarters, where he
was transferred after one month spent in the custody of the local Aceh Tenggara district police
station following his arrest. During this time, he has had access to lawyers, no less than five of
whom accompanied him during his transfer. The Government informed that on no account
would Bestari Raden be detained for any of the normal activities associated with overt and
peaceful support for environmental or democratic causes.
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This report has been published by Equipo Nizkor and Derechos Human Rights on July 27, 2005.