ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-047-2009

13 May 2009

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INDONESIA: Indigenous Papuans are shot by police and denied proper medical treatment

ISSUES: Police assault; detainees' right to medical treatment; excessive use of force

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Dear friends,

The Asian Human Rights Commission (AHRC) has learned that two indigenous Papuans have died and three others have been injured after the unrestrained use of lethal fire arms by the Mobile Brigadier

(Brimob) Unit of Papua Regional Police on 9 April 2009 in Abepura, Papua, Indonesia. The wounded were arrested and taken to a hospital, but reports allege that they did not receive proper medical treatment, resulting in the death of one.

CASE DETAILS: (based on facts gathered by local NGOs)

On Thursday 9 April 2009, the day of the legislative elections in Indonesia, several security posts had been set up along the road in Abepura, Papua, to safeguard the electoral process. According to reports an unknown group of about 100 indigenous Papuan people gathered and approached the Abepura Circle, shouting protests. Seven members of Mobile Brigades of the National Police (BRIMOB) were watching over the election booths (TPS) with other local officers and opened fire directly into the crowd, from about 70 metres away. The protestors ran westwards but one unknown man was killed onsite and four more were injured. The police arrested five from the group, and while leaving the scene the remaining protestors, clearly distraught, burnt three motorcycles parked in Sekolah Street.

One victim, Erik Logo, sustained a bullet wound to the left side of his stomach and was taken to the Dok II Jayapura District Hospital

(RSUD) that same afternoon. It is reported that the bullet was removed in surgery that evening, but neither religious representatives nor human rights activists were allowed to visit him in the hospital despite concerns about his treatment there. On April 22 he died at the hospital and access to his corpse was denied.

Among the other five arrested protesters, Johny Hisage and Kanitius Hisage were not reported to have been injured; Yance Yogobi’s left shoulder was wounded; Dini Agobi sustained injuries to his right knee and Andi Gobay, to his left ankle. The three wounded arrestees were brought to the same district hospital one day later on April 10. It is reported that Yance Yagobe remained handcuffed until his surgery a week later (on April 17) and that no one was allowed to visit him, including his family.

Despite being informed that a protest would take place in Abepura on April 9, the police took no apparent steps to diffuse the situation – which they have since described as an attack – peacefully, nor did they apply any measure of caution to the protestors. The excessive use of rapid gunfire resulted in two men dying, and has heightened the great tension that already infuses the election period in Papua.

BACKGROUND INFORMATION:

Several incidents of violence and protest in West Papua were reported during April 2009, including killings, arrests and the discovery of bombs in several places. However there is no evidence available to support the media reports, which blame the Free Papua Movement (OPM). Preliminary investigations on the ground point instead to third party players who could benefit from instability in West Papua.

Religious leaders and human rights activists have been striving to ease the increasing polarisation between indigenous Papuans and transmigrants from other parts of Indonesia. While the public is suffering from unpredictable security conditions, the security forces, including the military, appear to be playing a disturbing and ambiguous role, rather than addressing the tensions. While their actions do maintain public order at times, unnecessary violence in numerous other cases has stirred up anxiety and aggression in the public, which has become a major theme in the nationwide elections. Indonesians worry that April’s incidents were arranged to serve political agendas in the ongoing election campaign in the rest of the country.

SUGGESTED ACTION:

Please send your letters to the authorities listed below to call for an impartial investigation into the excessive use of force by the police and the mobile brigades, and request that the victims of the shooting receive proper medical treatment and access to their families.

To support this appeal please click here:

SAMPLE LETTER:

Dear __________,

INDONESIA: Indigenous Papuans are shot by police and denied proper medical treatment

Name of victims:

1) Erik Logo, shot and killed by Mobile Brigades of the National Police

2) Yance Yogobi, sustained a bullet wound to his left shoulder, detained

3) Dini Agobi, sustained injuries to his right knee, detained

4) Andi Gobay, sustained injuries to his left ankle, detained

5) Johny Hisage, detained

6) Kanitius Hisage, detained

7) Unknown victim, killed

Name of alleged perpetrators: Personnel from Brimob Unit of Papua Regional Office Date of incident: 9 April 2009 Place of incident: Abepura Road, Lingkaran Abepura, and Dok II Jayapura District Hospital, Jayapura City, Papua, Indonesia

I am writing to express my deepest concern regarding the excessive use of force allegedly committed by police in Papua. Based on information I have received, on 9 April 2009 seven Brimob officers shot at group of about 100 indigenous Papuans, who appeared at Lingkaran Abepura, shouting in protest. Instead of using non-lethal means to keep order during the election period, the mobile brigades (Brimob) opted for lethal gunfire. This dispersed the group, however one person was shot to death and another named Erik Logo died in hospital on April 22 from a bullet wound in his stomach. Three others were wounded: Yance Yogobi was shot in his left shoulder, Dini Agondi was wounded in his right knee and Andi Gobay sustained injury to his left ankle.

The victims were taken to Dok II Jayapura District Hospital but none were allowed visitors, including from their family, until after surgery had been performed days later. Yance Yogoby was handcuffed throughout the week leading up to his delayed surgery. Although they were taken to hospital, according to the information I have received, the victims were not well medicated or card for--they were not provided with a change of clothes for almost a week, when hospital staff urged the police officer to allow the patients better care. Two of the five detainees, Johny Hisage and Kanitius Hisage were reportedly uninjured.

I would like to remind you that according to Article 3 of the UN Code for Conduct Law Enforcement Officials, law enforcement officials may use force only when strictly necessary and to the extent required for the performance of their duty. It is also stated in number 13 of the UN Basic Principles for The Using of Force and Firearms by Law Enforcement Officials that "in the dispersal of assemblies that are unlawful but non-violent, law enforcement officials shall avoid the use of force or, where that is not practicable, shall restrict such force to the minimum extent necessary".

Therefore, I strongly urge you to ensure that this case is impartially investigated, and that all perpetrators shall be taken into account. Abandoning such a case will simply strengthen the culture of impunity in Indonesia, which I sincerely hope is not your wish.

Finally, regarding the insufficient treatment given to the victims, let me remind you that as a State Party of the International Covenant on Economic, Social, and Cultural Rights (ICESCR), Indonesia must ensure that everyone in its territory--including detainees--has the right to an attainable standard of physical and mental health, as enshrined in Article 12. Article 8 paragraph one of the Minister of Justice Regulation Number M.04-UM.01.06 Year 1983, also specifically states that detainees have the right to access proper medical treatment. You will also find under the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment adopted by General Assembly resolution 43/173 in 1988, that Principle 24 enshrines the right of detained persons to a prompt and proper medical examination and any resulting necessary care, whenever necessary, while Principal 19 states that every detainee has the right to "be visited by and to correspond with, in particular, members of his family and shall be given adequate opportunity to communicate with the outside world."

Thus I urge you to investigate the excessive use of lethal force, resulting in the immediate death of one person, the later death of another and the injury of three more protestors; and the alleged lack of sufficient medical treatment of the injured persons while in police detention. This investigation must include the death of Erik Logo while in custody, and in particular his delayed surgery.

I look forward to hearing from you.

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Mr. Susilo Bambang Yudoyono

President

Republic of Indonesia

Presidential Palace

Jl. Medan Merdeka Utara

Jakarta Pusat 10010

INDONESIA

Tel: + 62 21 3845627 ext 1003

Fax: + 62 21 231 41 38, 345 2685, 345 7782

E-mail: presiden@ri.go.id

2. Mr. Hendarman Supandji

Attorney General

Kejaksaan Agung RI

Jl. Sultan Hasanuddin No. 1

Jakarta Selatan

INDONESIA

Tel: + 62 21 7221337, 7397602

Fax: + 62 21 7250213

E-mail: postmaster@kejaksaan.or.id

3. Untung Sugiyono

General Director of Correctional

Law and Human Rights Department

Jl. HR Rasuna Said Kav.6-7 Kuningan

Jakarta, 12940

INDONESIA

Tel: + 62 21 5253006, 5253889

Fax: + 62 21 5253095

4. Gen. Bambang Hendarso Danuri

Chief of National Police

Jl. Trunojoyo No. 3

Jakarta Selatan

INDONESIA

Tel: +62 21 721 8012

Fax: +62 21 720 7277

Email: polri@polri.go.id

5. Irjen Polisi Drs. F.X. Bagus Ekodanto

Chief of the Papuan Regional Police

Kepolisian Daerah Papua

Jl. Dr. Sam Ratulangi No. 8

Jayapura

INDONESIA

Tel: +62 967 33317 / 31835

6. Mr. Ronny Lihawa

Chairperson

KOMISI KEPOLISIAN NASIONAL (National Police Commission)

Jl. Trunojoyo No.3

Kebayoran Baru

Jakarta 12110

INDONESIA

Fax: +62 21 7392317

7. Mr. Ifdhal Kasim

Chairperson

KOMNAS HAM (National Human Rights Commission)

Jl. Latuharhary No. 4B Menteng

Jakarta Pusat 10310

INDONESIA

Tel: +62 21 3925230

Fax: +62 21 3151042/3925227

E-mail: info@komnasham.or.id

Thank you.

Urgent Appeals Programme

Asian Human Rights Commission (ua@ahrc.asia)

For the Indonesia Desk (indonesia@ahrc.asia)

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Asian Human Rights Commission

19/F, Go-Up Commercial Building,

998 Canton Road, Kowloon, Hongkong S.A.R.

Tel: +(852) - 2698-6339 Fax: +(852) - 2698-6367