INDONESIA: Army Personnel Tortured Indigenous Papuan Man to Death

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-009-2018
ISSUES: Administration of justice, Fabrication of charges, Indigenous people, Right to redress, Right to remedy, Rule of law,

Dear Friends,

The Asian Human Rights Commission (AHRC) has received the following information. It comes from the Commission for the Disappeared and Victims of Violence (KontraS), a prominent national human rights organization. It is regarding the case of torture to death of Mr. Isak Dewayekua (23), an indigenous Papuan. Three army personnel of Yonif 755/Yalet illegally arrested and detained Isak and tortured him to death in Kimaam, Merauke Regency, Papua Province. The army personnel forced Isak’s family to accept monetary compensation and sign a letter which demanded that the family drop the case. Currently, the Investigation is still being conducted by the Military Police of Merauke Regency. Later, the case was transferred to the higher Military Police Institution in Military Regional Office (Pomdam) XVII/ Cendrawasih from December 29, 2017.

CASE NARRATIVE:

The case is caused by Sagero, a local drink. On November 17, 2017 Isak allegedly drank Sagero again, despite previously promising to stop drinking it. According to some witnesses, it was alleged by perpetrators, that Private Abiatar, frequently drinks with Isak. Therefore, three army personnel of Yonif 755/ Yalet initiated a search to arrest Isak. 

According to Isak’s sister on November 18, 2017 at 02.00 pm, three army personnel of Yonif 755/Yalet, came to Isak’s house. They are: Sergeant First Class La Dilli Wance, Private Fredrik Pattiasina and Private Abiatar Harri. Aware that three army personnel had arrived, Isak ran to the garden. He was then chased by the army personnel. In the evening at 05.00 pm, Isak came to his sister’s house. His sister asked why the army personnel of Yonif 755/ Yalet were looking for him? Isak merely shook his head in reply. At 07.00 pm, Isak and his friend informally discussed the situation in front of his sister’s house. They agreed that Isak would sleep in his sister’s house and his friend in Isak’s house. At 09.00 pm the Military came back to Isak’s house and found Isak’s friend sleeping. The three army men forcibly woke him up and beat about his head and body. 

They asked the whereabouts of Isak. But, Isak’s friend did not answer the question. So, they beat him. After smoking cigarettes for a few minutes they left the house. Subsequently, Isak’s friend came to Isak’s sister’s house and told Isak that the three army men came to the house and beat him. Then at 11.00 pm, while they were sleeping, Isak’s sister heard some noise. She checked where the voices were coming from. She found three army soldiers brutally attacking Isak. Isak ran trying to escape, but he fell into a hole and was arrested. They beat Isak and threw into a pond. According to Isak’s sister, the army personnel beat Isak for almost one hour using wooden blocks and their hands. Isak was taken away and while walking they continued to beat and kick him. 

At 12.00 am, there was a witness who saw Isak being brought to Yonif 755/Yalet Military Post. The witness saw that a 600 ml. bottle was stuffed into Isak’s mouth to muffle his screams when they were beating him. The witness also saw Isak being tortured with a hose. His hands and head were covered with a bucket and he was beaten for 30 to 45 minutes. 

On November 19, at 01.00 am, a witness saw Isak trying to stand up but eventually falling. At 02.00 a.m. one of the army personnel phoned Meldi, a police officer of Kimaam Station, to borrow a police vehicle. Shortly thereafter, the police vehicle arrived . Isak’s body was put in the car and brought to the Kimaam Police Station. 

At 10.30 am Isak’s younger sister came to bring some food for Isak in police custody. Police Officer Nawir who was on duty, told her that her brother was sleeping and was naked. He requested Isak’s sister to return home. At 02.30 pm Isak’s younger sister met with Abiatar, one of the alleged perpetrators. Abiatar told her that he could deliver the food to Isak, but his sister rejected his offer. Moreover, Abiatar also tried to persuade Isak’s younger sister for sexual favours, all of which she refused. Then, at 03.00 pm, Isak’s younger sister entered the Police Station and saw Isak’s body lying on his cell floor. She called to him, but he did not answer. She saw that his chest was swollen, with bruises and blood over almost his entire body. At 04.00 pm, the Military Army Commander and Nawir came to Isak’s father’s house. They immediately asked the father where he wanted to bury Isak’s dead body. Then Isak’s father asked “what is the point of the question?” By 07.20 pm, the Police and the Army brought Isak’s body to a local community health service center (Puskesmas). However, Isak’s family was prohibited from entering the health center. Under strict guard, an autopsy was performed on Isak’s body. It was only then that the family was allowed to view Isak’s body. According to Isak’s father, blood was still draining out from his son’s head and nose.

Currently the three army personnel of Yonif 755/ Yalet have been detained at the Military Police (Masubdenpom) XVII/A Merauke.

SUGGESTED ACTION:

Please write to the Authorities listed below. Ask them to ensure that the three army personnel of Yonif 755/Yalet are held accountable under fair trial principles and the Rule of Law. The Investigation must be conducted in a transparent and accountable manner. The Military should give open access to the media and the National Commission on Human Rights (Komnas HAM). The Commander should not protect the subordinate who tortured Mr. Isak Dewayekua to death. The Government has the Duty of Care to ensure that the victim and his family are entitled to and receive adequate compensation.

The AHRC will write a separate letter to the UN Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions and the Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment calling for their intervention in this matter.

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear ___________,

INDONESIA : Army Personnel Tortured Indigenous Papuan Man to Death

Name of victim: Mr. Isak Dewayekua
Names of alleged perpetrators: Sergeant First Class La Dilli Wance, Private Fredrik Pattiasina, Private Abiatar Harri, all Army Personnel of Yonif 755/Yalet Papua

Date of incident: 18 to 19 November 2017

Place of incident: Kimaam District, Merauke Regency, Papua Province

I am writing to voice my deep concern regarding the case of torture to death of Mr. Isak Dewayekua (23), an indigenous Papuan. Three army personnel of Yonif 755/Yalet illegally arrested and detained Isak and tortured him to death in Kimaam, Merauke Regency, Papua Province. The army personnel forced Isak’s family to accept monetary compensation and sign a letter which demanded that the family drop the case. Currently, the Investigation is still being conducted by the Military Police of Merauke Regency. Later, the case was transferred to the higher Military Police Institution in Military Regional Office (Pomdam) XVII/ Cendrawasih from December 29, 2017. 

The case is caused by Sagero, a local drink. On November 17, 2017 Isak allegedly drank Sagero again, despite previously promising to stop drinking it. According to some witnesses, it was alleged by perpetrators, that Private Abiatar, frequently drinks with Isak. Therefore, three army personnel of Yonif 755/ Yalet initiated a search to arrest Isak. 

According to Isak’s sister on November 18, 2017 at 02.00 pm, three army personnel of Yonif 755/Yalet, came to Isak’s house. They are: Sergeant First Class La Dilli Wance, Private Fredrik Pattiasina and Private Abiatar Harri. Aware that three army personnel had arrived, Isak ran to the garden. He was then chased by the army personnel. In the evening at 05.00 pm, Isak came to his sister’s house. His sister asked why the army personnel of Yonif 755/ Yalet were looking for him? Isak merely shook his head in reply. At 07.00 pm, Isak and his friend informally discussed the situation in front of his sister’s house. They agreed that Isak would sleep in his sister’s house and his friend in Isak’s house. At 09.00 pm the Military came back to Isak’s house and found Isak’s friend sleeping. The three army men forcibly woke him up and beat about his head and body. 

They asked the whereabouts of Isak. But, Isak’s friend did not answer the question. So, they beat him. After smoking cigarettes for a few minutes they left the house. Subsequently, Isak’s friend came to Isak’s sister’s house and told Isak that the three army men came to the house and beat him. Then at 11.00 pm, while they were sleeping, Isak’s sister heard some noise. She checked where the voices were coming from. She found three army soldiers brutally attacking Isak. Isak ran trying to escape, but he fell into a hole and was arrested. They beat Isak and threw into a pond. 

According to Isak’s sister, the army personnel beat Isak for almost one hour using wooden blocks and their hands. Isak was taken away and while walking they continued to beat and kick him. 

At 12.00 am, there was a witness who saw Isak being brought to Yonif 755/Yalet Military Post. The witness saw that a 600 ml. bottle was stuffed into Isak’s mouth to muffle his screams when they were beating him. The witness also saw Isak being tortured with a hose. His hands and head were covered with a bucket and he was beaten for 30 to 45 minutes. 

On November 19, at 01.00 am, a witness saw Isak trying to stand up but eventually falling. At 02.00 a.m. one of the army personnel phoned Meldi, a police officer of Kimaam Station, to borrow a police vehicle. Shortly thereafter, the police vehicle arrived . Isak’s body was put in the car and brought to the Kimaam Police Station. 

At 10.30 am Isak’s younger sister came to bring some food for Isak in police custody. Police Officer Nawir who was on duty, told her that her brother was sleeping and was naked. He requested Isak’s sister to return home. At 02.30 pm Isak’s younger sister met with Abiatar, one of the alleged perpetrators. Abiatar told her that he could deliver the food to Isak, but his sister rejected his offer. Moreover, Abiatar also tried to persuade Isak’s younger sister for sexual favours, all of which she refused. Then, at 03.00 pm, Isak’s younger sister entered the Police Station and saw Isak’s body lying on his cell floor. She called to him, but he did not answer. She saw that his chest was swollen, with bruises and blood over almost his entire body. At 04.00 pm, the Military Army Commander and Nawir came to Isak’s father’s house. They immediately asked the father where he wanted to bury Isak’s dead body. Then Isak’s father asked “what is the point of the question?” By 07.20 pm, the Police and the Army brought Isak’s body to a local community health service center (Puskesmas). However, Isak’s family was prohibited from entering the health center. Under strict guard, an autopsy was performed on Isak’s body. It was only then that the family was allowed to view Isak’s body. According to Isak’s father, blood was still draining out from his son’s head and nose.

Currently the three army personnel of Yonif 755/ Yalet have been detained at the Military Police (Masubdenpom) XVII/A Merauke.

Therefore, I respectfully request you to ensure that the three army personnel of Yonif 755/Yalet are held accountable under fair trial principles and the Rule of Law. The Investigation must be conducted in a transparent and accountable manner. The Military should give open access to the media and the National Commission on Human Rights (Komnas HAM). The Commander should not protect the subordinate who tortured Mr. Isak Dewayekua to death. The Government has the Duty of Care to ensure that the victim and his family are entitled to and receive adequate compensation.

I look forward to your prompt action in this matter.

Yours Sincerely,

……………….

PLEASE SEND YOUR LETTERS TO:

1. Mr. Joko Widodo
President of the Republic of Indonesia
Jl. Veteran No. 16
Jakarta Pusat
INDONESIA
Tel: +62 21 3458 595
Fax: +62 21 3484 4759
E-mail: webmaster@setneg.go.id

2. Mr. Yasonna Laoly
Minister 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. Dr. Mualimin Abdi SH., MH
Director General of Human Rights
Office of the Director General of Human Rights
Jl. HR Rasuna Said Kav. 6–7
Kuningan, Jakarta 12940
INDONESIA
Tel: +62 21 5253006
Fax: +62 21 5253095

4. Air Chief Marshal Hadi Tjahjanto
Chief of Indonesian Military 
Mabes TNI Cilangkap Jakarta Timur
INDONESIA
Tel: +62 21 84595576, +62 21 8459-5326
Fax: + 62 21 84591193 
Email: ppidtni@puspen.tni.mil.id

5. General Pol. Drs. H.M. Tito Karnavian, M.A., Ph.D
Chief of National Police (KAPOLRI)
Jl. Trunojoyo No. 3 KebayoranBaru, Jakarta Selatan 12110
INDONESIA
Tel: +62 21 384 8537, 726 0306
Fax: +62 21 7220 669
E-mail: info@polri.go.id

6. Ms. Poengky Indarti
Commissioner of the National Police Commission
Jl. Tirtayasa VII No. 20
KebayoranBaru, Jakarta Selatan
INDONESIA
Tel: +62 21 739 2315
Fax: +62 21 739 2352
E-mail: secretariat@kompolnas.go.id, skm@kompolnas.go.id

7. Mr. Kahar Muzakir
Chairperson of the Commission III of The House of Representative 
Ketua Komisi III DPR RI 
Gedung Nusantara II DPR RI, Lt I
JalanJenderalGatotSubroto, Jakarta,
INDONESIA
Telp : +62 21 -5715566, +62 21-5715569, +62 21-5715864
Fax : +62 21 5715566

8. Mr. MahfudzSiddiq
Chairperson of the Commission one of the House of Representative [DPR]
Gedung Nusantara II DPR RI, Lt I
JalanJenderalGatotSubroto, Jakarta,
INDONESIA
Tel : +62 21 5715.520, +62 21 5715.518 / 581
Fax : +62 21 5715. 328 / +62 21 571 5687
Email : bag_pengaduan@dpr.go.id

9. Mr. Abdul Haris Semendawai
Chairperson of the Agency for Victims and Witness Protection 
Lembaga Perlindungan Saksi dan Korban (LPSK) 
Jalan Raya Bogor KM. 24 No. 47-49, Susukan, Ciracas, RT.6/RW.1, Susukan, Ciracas, Kota Jakarta Timur, Daerah Khusus Ibukota Jakarta 13750
Tel: +62 21 29681560
Fax: +62 21 29681551 / +62 21 29681557

10. Mr. Ahmad Taufan Damanik 
Chairperson of the National Commission on Human Rights (Komnas HAM)
Jl. Latuharhary No. 4-B
Jakarta 10310
INDONESIA
Tel: +62 21 392 5227-30
Fax: +62 21 392 5227
E-mail: info@komnas.go.id

 

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)