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Indonesia
645. By letter dated 2 September 2002, the Special Rapporteur advised the Government that he had received information on the following individual cases.
646. Murjono Murib, a Papuan political activist who was allegedly detained in Wamena Prison, Papua, was reportedly beaten with the barrel of a gun by members of the Police Mobile Brigade (Brimob) on 4 February 2002, while in custody.
647. Eight people were reportedly detained on 14 June 2001, after a demonstration in Bandung. They were allegedly held incommunicado for five to seven days and beaten at the time of their arrest, and while in custody. L.V. Mardiyono was reportedly beaten and kicked at the time of the arrest and beaten with a bamboo pole known as “roton” in the Bandung Police Station. He was believed to have sustained several injuries and had subsequently difficulties to hear. Wirya Wangsa Direja was alleged to have been beaten, kicked and hit with a “roton” as well, to have been burnt on his arm with a cigarette and to have fainted. Franciscus Black was allegedly hit with a long iron bar, kicked in the head and subsequently denied medical assistance. He was also believed to have been hit with a police gun and to have fainted. Normalinda binti Muslim was reportedly exposed to teargas and subsequently taken to Gendung Sate where she was believed to have been beaten with a “roton” on the back of her head. It was alleged that she was given four stitches without anaesthetization. She was allegedly transferred to Polda Jabar and three months later to Banceuy Prison. Deni Kusmarna was reportedly beaten on his neck with a “roton” before being taken to Gedung Sate, where he was thought to have been beaten again. It was alleged that he was afterwards taken to Polda Jabar where he was allegedly interrogated and beaten.
648. George Hormat was reported to have been kicked in the head, sternum and groin in the governor’s office, the Bandung Police Station and the Polda Jabar. He was believed to have sustained bruises on his face and torso. Edi Irwansah was reportedly beaten on the mouth, on the back of his head and his back and kicked in the abdomen. He was allegedly taken to the Polda Jabar where he was said to have been beaten again. Khapi, who allegedly was not participating in the demonstration, was reportedly stabbed on his back with a bayonet by a policeman and fell unconscious. It was alleged that he was taken to the Polda Jabar and repeatedly punched, kicked and hit with a “roton” and death threatened. Albertus Budi Pratomo was reportedly hit on the head with a teargas canister and fell unconscious. He was allegedly taken to Gedung Sate while still unconscious, to the Bandung Police Station and to the Polda Jabar, where he was thought to have been beaten and kicked until he was eventually allowed to see his lawyer on 18 October 2001.
649. Ir. Ismanto, the head of Seulalah Village, Langsa, was reportedly beaten on the face and chest by eight members of Brimob and local police from East Aceh, on 9 January 2001, when the latter barged in his house asking if he had given money to the GAM. It was alleged that he fell unconscious as a result of the beating.
650. Muchsin was reportedly arrested in November 2000 and taken blindfolded and with his hands tied behind his back to Banda Aceh police station. He was reported to have been tortured with pliers in order to make him confess his belonging to GAM. Reportedly, the nail of his left thumb was almost pulled off and his nose was squeezed so hard that it was punctured by the left nostril. Severe scars were allegedly caused on his upper right forearm and right nipple and injuries to his right ear. He was believed to have collapsed under the pain and to have woken up in hospital.
651. Amri Rusli, Hamdani M, Abdurrahman Dahlan, Imran Ahmad, Maimum Rudin, Yusri Umar and Marzuki Abubakar were reportedly beaten on 2 February 2000 by members of the military forces, who were allegedly canvassing the coastal area of Simpang Ulim and Julok districts in search of GAM members. It was alleged that as a result, Amri Rusli sustained broken ribs and that the other above-named persons suffered from short-winded due to beatings on the chest.
652. By the same letter, the Special Rapporteur advised the Government that he had received follow-up information concerning Hubertus Wresman (E/CN.4/2002/76/Add.1, para 737), according to which Yohannes G. Bonay, Director of the Institute for Human Rights Study and Advocacy (Elsham) and other Elsham monitors had been summoned for police questioning on 10 September 2001. They were allegedly suspected of defamation after they reportedly wrote a letter to the National Commissio n for Human Rights urging it to conduct an independent investigation into the alleged involvement of Kopassus members in Hubertus Wresman’s case. Gaspar Wespar (also known as Charles Guefar), Hubertus Wresman’s uncle, allegedly denounced the involvement of the Army Special Forces Commander in Betaf and has reportedly gone missing after a Regional Military Commander allegedly stated in a letter addressed to a non-governmental organization that he would have Gaspar Wespar prosecuted for making these allegations.
653. By letter dated 2 September 2002 sent jointly with the Special Rapporteur on extrajudicial, summary or arbitrary executions, the Special Rapporteur advised the Government that he had received information on the following individual cases.
654. Yoni Karunggu, a 17-year-old member of the Nduga tribe, reportedly died while in custody at Police Headquarters in Polres, Jayapura. An autopsy conducted by Jayapura General Hospital allegedly determined his death to be the result of beating and torture. Yoni Karrunggu was reportedly arrested along with 103 others, after a police post in Abepura was allegedly attacked by unidentified people on 7 December 2000 (CN.4/2002/76/Add.1, para. 716).
655. Musa Kuluwa and Mandinus Yikwa, who allegedly suffered gunshot wounds, were reportedly kicked and beaten before being arrested along with 16 other persons on 3 May 2001 by members of the Brimob. Four other people were believed to have been killed during this incident.
656. Murhaban Sulaiman, Idris Muis, Salem Arahman, Muhammad Ismail, aged 16, Ansari Ramli, aged 15, Muhammad Nazar, aged 14, Fadli Maden, aged 13, Majnun Sami, aged 14, Fakri M Garu and three other young people were reportedly beaten with gun barrels, kicked, punched and ordered to take off their clothes by members of the Task Force Hunt Unit Infantry 203/AK on 19 August 2001 in Kuto Baru village. Three of them were reported to have managed to escape, while the others were believed to have been taken in the direction of Jambo Reuhat, Idi District. Their bodies were allegedly found in a grave at the base of a canyon in Kayu Tiga village on 20 August 2001.
657. By letter dated 11 September 2002 sent jointly with the Special Rapporteur on violence against women, the Special Rapporteur advised the Government that he had received information on the following individual case.
658. Nurma, a 15-year-old girl from Ujong Tanah, Bakongan, and Noriza, a woman from Alue Dua Meuh (Alor Dua Mas) village were reportedly taken off a bus in a sweeping operation by Brimob soldiers on 22 September 2000 in Gelombang village. The two women were reported to have been held at the Brimob post in Lhok Jamin where they were believed to have been forced to work as “sex slaves” until they were reportedly released on 2 December 2000.
659. By letter dated 17 October 2002, the Special Rapporteur reminded the Government of a number of cases transmitted in 1998, 1999, 2000 and 2001 regarding which no reply had been received.
Urgent appeals
660. On 18 January 2002, the Special Rapporteur sent a joint urgent appeal with the Special Representative on human rights defenders on behalf of Junaidi, a humanitarian worker and the chairperson of SIRA Aceh Besar, a district chapter of Aceh Referendum Information Center. He was allegedly arrested in connection with his activities with SIRA on 8 January 2002, by members of the Army Strategic Reserve Command (KOSTRAS). It was unclear whether he was detained in the police or military sub-district headquarters.
661. On 27 February 2002, the Special Rapporteur sent a joint appeal with the Special Rapporteur on extrajudicial, summary or arbitrary executions, the Special Representative on human rights defenders and the Chairman-Rapporteur of the Working Group on arbitrary detention on behalf of Hasan Basri, who has been held in military detention, Linud 700/BS Military Post in Pulo Ie in Jeuram village, Krueng Sabee Sub-district, West Aceh District, since 1 January 2002. It was believed that he was detained because the military suspected that two of his children were members of the Free Aceh Movement, Gerakan Aceh Merdeka(GAM). A representative from a local non-governmental organisation who was allowed access to him in early February reported that Hasan Basri was suffering injuries including cracked teeth and blurred vision as a result of being tortured. The Commander reportedly threatened the NGO representative, stating that he did not believe in human rights, and that if he were to shoot a member of the NGO and throw them in Krueng Sabee river, there would be no consequences for him.
662. On 15 March 2002, the Special Rapporteur sent a joint urgent appeal with the Special Representative on human rights defenders on behalf of Nasrullah Ibrahim, Muhammad and Riza Pahlevi, all members of the human rights organization Solidarity for Victims of Human Rights Abuse, Solidaritas Persaudaraan Korban Pelanggaran Hak Asasi Manusia (SPKP HAM) whose current whereabouts were unconfirmed, though they were believed to be held at the regional police headquarters (Markas Polisi Daerah, Mapolda), in the provincial capital Banda Aceh, Aceh Province. They were reportedly detained by uniformed police on 12 March 2002, in Seumet village, Montasik Sub-district, Aceh Besar District. It was reported that human rights activists who went to the regional police headquarters to inquire about the three, were told that they were not in police custody.
663. On 22 March 2002, the Special Rapporteur sent a joint urgent appeal with the Special Representative on human rights defenders on behalf of Koes Sofyan, head of the South Aceh Branch of the human rights organisation Solidarity for Cictims of Human Righst Abuse (SPKP HAM) whose current whereabouts were unknown. He was allegedly arrested on 14 March 2002 in Aceh by two men believed to be members of the Special Forces Command (Kopassus) and detained in Blang Pidie Sub-district, South Aceh district. His arrest is allegedly connected with the arrests on 12 March of Nasrullah Ibrahim, Muhammad and Riza Pahlevi, members of SPKP, who were released on 16 March after being held for four days at the regional police headqurters Mapolda.
664. On 23 May 2002, the Special Rapportuer sent a joint urgent appeal with the Special Rapporteur on extrajudicial, summary or arbitrary execution on behalf of Riki Muhammad, who had reportedly been arrested with two other men by soldiers in the village of Tumpok Blang in the province of Aceh, on 12 May 2002 during military operations in Sawang Sub-district, against the armed opposition group Free Aceh Movement, Gerakan Aceh Merdeka (GAM) and detained at a military post in Lhok Kuyuen. When relatives tried to meet them there, soldiers allegedly threatened to shoot them if they asked again, and fired warning shots. The army is reportedly maintaining a cordon around Sawang Sub-district, and people living there have to apply for permission to leave the area. Two other people detained during the military operations have reportedly been found dead.
665. By the same urgent appeal, the Special Rapporteurs intervened on behalf of Si Bai, Hasbi and M. Ali, who were reportedly taken from police detention in Aceh province by masked men, believed to be from the Police Mobile Brigade (Brimob) and the military in mid-May. They have not been seen since. Si Bai and Hasbi were reportedly detained with three other persons on 12 May 2002 and taken to the Kotafajar Police Sektor (Polsek) in Kluet Utara. It was reported that the following day, M. Ali was also detained and taken to Polsek Kotajafar.Two of the detainees were released on 12 May, and another on 13 May.
666. On 7 June 2002, the Special Rapporteur sent an urgent appeal on behalf of Hasan Basri, on behalf of whom the Special Rapporteur had sent an urgent appeal on 27 February 2002 (see above), who had allegedly been in army custody since 1st January 2002 at the military post of the Yonif Linud 700/BS infantry battalion in Pulo Ie, Jeuram village, Krueng Sabee Sub-district, West Aceh District. It was reported that he has been forced to watch other detainees being tortured and executed. He has apparently had also to watch soldiers from the Army Strategic Reserve Command (Kostrad) carry out five executions.
667. On 23 July 2002, the Special Rapporteur sent a joint urgent appeal with the Special Representative on human rights defenders on behalf of Zikrillah, a student and human rights activist. On 6 July 2002, Zikrillah, who is a volunteer with Jaringan Rakyat Pemantau HAM (JRP HAM), the People's Network for Human Rights Monitoring in Pidie District, was reportedly arrested during military operations. He was reportedly taken to the Mereudu Sub-district Military Command (Koramil) where he was forced to admit that he was a member of the armed opposition movement, the Free Aceh Movement (GAM). He was later moved, together with a man called Nasrudin and two others who had also been held at Koramil, to a temporary military post established by troops from the Army Strategic Command (Kostrad) in the village of Dayah Jambe, in Mereudu Sub-district. The two unnamed men were subsequently released.
668. By letter dated October 2002, the Government informed that these two students were both taken in for questioning on 26 June 2002 in the course of security measures carried out to guaranteed the security of the community against criminal acts committed by members of GAM (Free Aceh Movement). In the absence of any conclusive evidence as to their involvement in any criminal activity and in view of their young age, both students were released. Nasrudin was released on 29 June 2002 and his father, fearing for his safety, requested the security authorities to take Nasrudin under protection. Zikrillah was returned to his family on 7 July 2002 and a few weeks later, following complaints that he had received death threats from GAM, he was also officially placed under the protection of the security authorities on 9 August 2002. Finally, the Government pointed out that, since that time, both have remained under the protection of the security authorities and at no time during their short detention were they subjected to any form of torture, or to cruel, inhuman or degrading treatment.
669. On 26 July 2002, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression on behalf of Zulkarnain Ismail and Abdul Muthaleb Abdullah, who were reportedly arrested in the early hours of 25 July 2002 in Pidie District, Aceh Province. It was reported that they were arrested by troops from the Siliwangi Military Command and members of the Police Mobile Brigade (Brimob), from the village of Rehng Krueng in Mereudu Sub-district, Pidie, Aceh, on suspicion of being members of the armed opposition group, the Free Aceh Movement (GAM) and detained at Mereudu Police Sector, Polsek Mereudu. They were allegedly beaten as a result of what, one of them was believed to be suffering from head injuries. It was reported that they did not have access to lawyers.
670. On 14 August 2002, the Special Rapporteur sent an urgent appeal on behalf of Saiful Anwar, who was reportedly arrested at Langsa Old Bus Terminal in Langsa town, East Aceh District, at on 3 August 2002 by members of Gegana, an elite police unit, and taken away in a Black Kijang truck. Reasons for his arrest were said to be unknown. He was believed to be held incommunicado at Idi Rayeuk Police Sector (Polsek Idi Rayeuk). However police officers at Polsek Idi Rayeuk reportedly refused to provide information about whether he was held there.
671. On 11 October 2002, the Special Rapporteur sent an urgent appeal on behalf of Bahraini, a farmer from Krueng Meusegop village in Aceh Province who had reportedly been detained by members of the troops stationed at Dayah Simpang Mamplam Military Post in Samalanga Sub-district, Aceh Jeumpa District (TNI BKO Posko Dayah Simpang Mamplam) on 1 September 2002. It was believed that he was subsequently transferred to Samalanga Sub-district Military Command Post (Koramil Samalanga). However, when contacted by a local human rights organization, the Commander of Samalanga Koramil reportedly denied that Bahraini had been detained. On 5 September, a representative from Krueng Meusegop village was reportedly allowed to see – but not to speak to – him in Samalanga Koramil. The representative reportedly expressed concern that Bahraini may have been tortured or illtreated. Since 5 September 2002, he had allegedly been kept incommunicado in an unknown location.
672. On 27 November 2002, the Special Rapporteur sent an urgent appeal on behalf of Nurdin Ilyas, a farmer from Syamtalira Bayu Sub-district, North Aceh District, who was reportedly arrested by troops from the Infantry Battalion (TNI BKO Yonif/125) and the Army Strategic Reserve Command (Kostrad) whilst traveling to Peuntet market on 18 November 2002. It was believed that he was being held incommunicado in Cot Matahee military post in Blang Mangat Sub-district where Kostrad troops were stationed at that time. It was reported that he did not have access to lawyers, medical treatment or his family.
673. On 2 December 2002, the Special Rapporteur sent an urgent appeal on behalf of
674. Ronald Ramandey and his wife Amelia Kiri, who had reportedly been shot and injured and subsequently arrested in November 2002 during operations carried out by the police against an armed opposition group in Wasior Sub-district, Manokwari District. It was reported that they were initially detained in Tandia village, Wasior Sub-district, where they allegedly received some treatment for their injuries, and moved to Polres Manokwari in Manokwari town, on 26 November 2002. Since their arrival, they have reportedly been held incommunicado and have not had access to medical treatment or a lawyer.
675. On 3 December 2002, the Special Rapporteur sent an urgent appeal on behalf of 22 people who were allegedly arrested during a meeting in the Fandini Dalam area of Manokwari town on 26 November 2002. 12 others had reportedly been arrested on 27 November, after raising the Morning Star flag - a symbol of Papuan independence - in front of YPK Fandini elementary school. A further eight people had allegedly been detained in Amban and Sowi neighbourhoods later that day. Although those detained had already been released on 26 November, Bernardus Acame, Manfred Bame, Zeth Dimara, Izach Dowansiba, Luther Dowansiba, Karel Kasima, Wilson Kofias, Frengky Mandacan, Korneles Mandacan, Frans Nauw, Kristofel Nauw, Boas Sraun, Yulian Nauw and three other men and two women whose names are unknown were reportedly still in incommunicado detention at Manokwari Police Resort, Manokwari town, at the time the Special Rapporteur sent this urgent appeal.
Observations
676. While the Special Rapporteur acknowledges the replies of the Government on a number of cases sent in the past, he notes with concern that numerous individual cases, in particular raised in urgent appeals, remain unaddressed since 1998. The Special Rapporteur also notes with concern that the Government did not extend to him an invitation to visit Indonesia. He would like to recall that a request for such a mission was initially made in 1993.
677. The Special Rapporteur notes the concerns of the Committee against Torture
expressed in November 2001 after its consideration of the initial periodic report of
Indonesia under the Convention against Torture as follows: (a) The large number of
allegations of acts of torture and ill- treatment committed by the members of the police
forces, especially the mobile police units ("Brimob"), the army (TNI), and
paramilitary groups reportedly linked to authorities, and in areas of armed conflict
(Aceh, Papua, Maluku, etc.); (b) Allegations of excessive use of force employed
against demonstrators or for purposes of investigation; (c) Allegations that
paramilitary groups, reported to be perpetrators of torture and ill-treatment in
Indonesia, are supported by some parts of the military, and sometimes reportedly are
joined by military personnel.” (CAT/C/XXVII/Concl.3, para. 7) He further shares the
concerns of the Committee about: “(a) a climate of impunity, advanced in part
because of the fact that there has been little progress in bringing to trial members of
the military, the police or other state officials, particularly those holding senior
positions, who are alleged to have planned, commanded and/or perpetrated acts of
torture and ill- treatment; (b) The failure of the State party to provide in every instance
prompt, impartial and full investiga tions into the numerous allegations of torture
reported to the authorities, as well as to prosecute alleged offenders, as required in
articles 12 and 13 of the Convention.” (ibid., para. 8)
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This report has been published by Equipo Nizkor and Derechos Human Rights on August 2, 2005.