INDONESIA: Teenage indigenous Papuan brutally assaulted

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-093-2017
ISSUES: Administration of justice, Impunity, Right to fair trial, Right to life,

Dear Friends,

The Asian Human Rights Commission (AHRC) has received information from its local partner in Papua about the torture of Albert Nawipa (15), a junior high school student. Nawipa was illegally taken by the police and brought to a police station near Potikelek market in Wamena. The police accused him of attacking a dancing show in Potikelek market. He was tortured by three police officers and subsequently hospitalized. His serious injuries have prevented him from enrolling in the Senior High School in Wamena regent. The police have yet to comprehensively examine the case, and no adequate remedies have been provided to Nawipa. 

CASE NARRATIVE:

On 16 June 2017, at 6 p.m., 15-year-old Albert Nawipa and his friends were at a dancing event in Potikelek market. While dancing, Nawipa was punched by the Master of Ceremonies, after which he left. A few minutes later, Nawipa came back and asked one of the organizers whether his friends were still dancing. In response, the organizer slapped Nawipa’s face. Moving away, Nawipa then picked up a stone and threw it at the dancing show; the stone did not reach the dancing show, but merely hit the zinc roof.

A police officer stationed near the dancing show learned that a stone hit the zinc roof and arrested Nawipa. He brought him to a police station nearby. Inside a room, the police forced Nawipa to sit squatting and put a block between the calf and the shoulders; while Nawipa was squatting, the police punched him repeatedly. The police also burned his back with cigarette butts. Further, the police also beat him with black stick rubber and rattan, and also beat Nawipa’s head, face and his back.

After that three police officers ordered him to sweep the floor; while he was sweeping the floor, the police officers still beat and kicked him with their shoes. Suddenly, Nawipa’s mother, Mrs. Wemina Pekei, came to the police station. She was very angry with the police and demanded to take her son home.

On the next day, June 17, Mrs. Pekei came back to the police station and told the police that Nawipa is hospitalized. She warned them that “if something happened to Nawipa, the police must be held accountable.”

According to Mrs. Pekei, her son is currently a third grade student of junior high school in Tolikara regent. He planned to enroll in senior high school in Wamena regent, but due to his serious injuries from the police assault he cannot enroll now.

Although three police officers were involved in the torture of Nawipa, so far only one police officer, Police Second Brigadier (Bripda) D.R. Baken, has been investigated by the Jayawijaya police office (Polres Jayawijaya).

ADDITIONAL INFORMATION:

Despite the Chief Police Regulation (Perkap) number 8 of 2009, regarding the implementation of human rights principles and standards in the discharge of duties of the Indonesian National Police, police violence and abuse continue. Moreover, there is little accountability of officers breaching law and human rights. Victims face considerable obstacles in seeking justice and ensuring prosecution against the offenders. 

SUGGESTED ACTION:

Please write to the authorities listed below, asking them to ensure that the police involved in the torture of Albert Nawipa must be held accountable. The investigators must also summon the organizer of the dancing show to determine the facts, and the organizers involved in violence must be prosecuted as well.

The chief of national police, the Papuan police commander as well as independent commission such as National Police Commission and the National Commission on Human Rights must ensure that law enforcement is conducted under fair trial principles. The victim must be given adequate remedies.

The AHRC will write a separate letter to the UN Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment calling for his intervention into this matter.

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

SAMPLE LETTER

Dear ………………..,

INDONESIA: Teenage indigenous Papuan brutally assaulted

Name of victims : Albert Nawipa (15)
Names of alleged perpetrators : Police Second Brigadier (Bripda) D.R Baken and two other officers from Jayawijaya police resort (Polres Jayawijaya Papua)
Date of incident : 16 and 17 June 2017 
Place of incident : Potikelek Market, Wamena, Papua

I am writing to voice my deep concern regarding the torture of Albert Nawipa (15), a junior high school student. Nawipa was illegally taken by the police and brought to a police station near Potikelek market in Wamena. The police accused him of attacking a dancing show in Potikelek market. He was tortured by three police officers and subsequently hospitalized. His serious injuries have prevented him from enrolling in the Senior High School in Wamena regent. The police have yet to comprehensively examine the case, and no adequate remedies have been provided to Nawipa.

On 16 June 2017, at 6 p.m., 15-year-old Albert Nawipa and his friends were at a dancing event in Potikelek market. While dancing, Nawipa was punched by the Master of Ceremonies, after which he left. A few minutes later, Nawipa came back and asked one of the organizers whether his friends were still dancing. In response, the organizer slapped Nawipa’s face. Moving away, Nawipa then picked up a stone and threw it at the dancing show; the stone did not reach the dancing show, but merely hit the zinc roof. 

A police officer stationed near the dancing show learned that a stone hit the zinc roof and arrested Nawipa. He brought him to a police station nearby. Inside a room, the police forced Nawipa to sit squatting and put a block between the calf and the shoulders; while Nawipa was squatting, the police punched him repeatedly. The police also burned his back with cigarette butts. Further, the police also beat him with black stick rubber and rattan, and also beat Nawipa’s head, face and his back.

After that three police officers ordered him to sweep the floor; while he was sweeping the floor, the police officers still beat and kicked him with their shoes. Suddenly, Nawipa’s mother, Mrs. Wemina Pekei, came to the police station. She was very angry with the police and demanded to take her son home.

On the next day, June 17, Mrs. Pekei came back to the police station and told the police that Nawipa is hospitalized. She warned them that “if something happened to Nawipa, the police must be held accountable.”

According to Mrs. Pekei, her son is currently a third grade student of junior high school in Tolikara regent. He planned to enroll in senior high school in Wamena regent, but due to his serious injuries from the police assault he cannot enroll now.

Although three police officers were involved in the torture of Nawipa, so far only one police officer, Police Second Brigadier (Bripda) D.R. Baken, has been investigated by the Jayawijaya police office (Polres Jayawijaya).

Despite the Chief Police Regulation (Perkap) number 8 of 2009, regarding the implementation of human rights principles and standards in the discharge of duties of the Indonesian National Police, police violence and abuse continue. Moreover, there is little accountability of officers breaching law and human rights. Victims face considerable obstacles in seeking justice and ensuring prosecution against the offenders. 

Therefore, I respectfully request you to ensure that the police involved in the torture of Alberth Nawipa are held accountable. The investigators must also summon the organizer of the dancing show to determine the facts, and the organizers involved in violence must be prosecuted as well.

The chief of national police, the Papuan police commander as well as independent commission such as National Police Commission and the National Commission on Human Rights must ensure that law enforcement is conducted under fair trial principles. The victim must be given adequate remedies. 

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. 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

5. Inspector General Pol Boy Rafli Amar 
The Chief of Police Area of Papua [KAPOLDA]
Jalan. Sam Ratulangi No. 8, Papua 99112
INDONESIA
Tel: +62 967 531014
Fax : +62 967 533763

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. Professor. Amzulian Rifai S.H, LL.M, PhD
Chairperson of Ombudsman of Republic of Indonesia 
Jl. HR. Rasuna Said Kav. C-19 Kuningan (GedungPengadilan TIPIKOR) Jakarta Selatan
INDONESIA
Tel: +62 21 52960894/95
Fax: +62 21-52960904/05

8. H. Bambang Soesatyo, S.E., M.B.A
Chairperson of the Commission III of The House of Representative 
KetuaKomisi 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

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. M. Imdadun Rahmat 
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)

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-093-2017
Countries : Indonesia,
Campaigns : End Violence in West Papua
Issues : Administration of justice, Impunity, Right to fair trial, Right to life,