INDONESIA: Papuan human rights defender insulted and intimidated by military command

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-096-2017
ISSUES: Administration of justice, Human rights defenders, Impunity, Military, Rule of law,

Dear Friends,

The Asian Human Rights Commission (AHRC) has received information that Mr. Theo Hesegem, a coordinator of Advocacy Network for Law Enforcement and Human Rights (JAPH-HAM) in Wamena, Papua, was intimidated and insulted by military officers of Jayawijaya regent, due to his advocacy efforts in the torture case of Mr. Niko Hisage. While there has been no military or police action to prosecute the military officers responsible for torturing Hisage, the military is now attempting to dissuade Mr. Hesegem for his efforts to seek justice for the victim. 

CASE NARRATIVE:

Mr. Niko Hisage, an indigenous Papuan, was tortured by three military personnel, after being accused of selling three cows belonging to Sergeant Major Lukas (For further details please visit http://www.humanrights.asia/news/urgent-appeals/AHRC-UAC-088-2017 ). Mr. Theo Hesegem, a coordinator of Advocacy Network for Law Enforcement and Human Rights (JAPH-HAM) in Wamena, Papua, has been advocating justice and seeking remedies for Mr. Hisage, through a press conference and circulating information regarding his torture.

On 8 July 2017, Mr. Theo Hesegem was with Priest Esmon Walilo S.Th, they were in the SUPPES church in Olala resident complex, Hom-hom, Wamena, Papua. Suddenly, Mr. Hesegem received a phone call from the Head of Staff Military Command, Kasdim Kodim 1702 of Jayawijaya regent. When Theo answered the phone, Kasdim stated, “Good evening, this is Kasdim.” Then he added, “What was your purpose by publishing the case through media?” When Hesegem tried to explain the matter, Kasdim stated “Do not speak about the case anymore, because the case had been discussed in a meeting at the Military Command Office Kodim 1702.” 

Further, Kasdim asked “Why did you publish the case through media again? The same statement published for three times? Are you looking for popularity?” In response, Mr. Hesegem confirmed that he does not seek popularity, and that he “provided assistance for torture victim”. Despite Mr. Hesegem informing Kasdim that he assisted victims and tried to provide justice and remedies to them, Kasdim insisted that Mr. Hesegem is looking for popularity. 

Vice commander of Kodim 1702 also expressed his unhappiness at the press conference and the circulation of information regarding Mr. Hisage’s torture. Moreover, Mr. Hesegem also sent an SMS to the Indonesian Military Commander, Army General Gatot Nurmantyo, because justice for torture victim Mr. Hisage has been neglected and denied.

ADDITIONAL INFORMATION:

Until today, there has been no investigation into the torture of Mr. Niko Hisage by Sergeant Major Lukas Mulai and two other army personnel from sub-district military command (Koramil) of Wamena city. The Military Command 1702 of Jayawijaya regent (Kodim 1702) is reluctant to investigate the case and to compensate the victim. Similarly, the police have also not conducted any investigation. On the contrary, the Kodim 1702, through vice commander of Kodim 1702 has shown his unwillingness to prosecute the case, and is instead insulting and intimidating Mr. Theo Hesegem, a human rights defender, fighting for Mr. Niko Hisage.

SUGGESTED ACTION:

Please write to the authorities listed below, asking them to ensure that Military Command 1702 of Jayawijaya regent (Kodim 1702) should ensure that the three army personnel who tortured Mr. Niko Hisage must be prosecuted. Moreover, the army should stop any form of intimidation or terror against human rights defenders in Papua. The police should also immediate investigate the case and ensure justice and remedy for the victim and his family.

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

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

SAMPLE LETTER

Dear ………………..,

INDONESIA: Papuan human rights defender insulted and intimidated by military command

Name of victims : Mr. Theo Hesegem
Names of alleged perpetrators : Vice commander Military Command 1702 of Jayawijaya regent (Kodim 1702) or known as Kasdim
Date of incident : 8 July 2017 
Place of incident : Wamena, Papua province

I am writing to voice my deep concern that Mr. Theo Hesegem, a coordinator of Advocacy Network for Law Enforcement and Human Rights (JAPH-HAM) in Wamena, Papua, was intimidated and insulted by military officers of Jayawijaya regent, due to his advocacy efforts in the torture case of Mr. Niko Hisage. While there has been no military or police action to prosecute the military officers responsible for torturing Hisage, the military is now attempting to dissuade Mr. Hesegem for his efforts to seek justice for the victim.

Mr. Niko Hisage, an indigenous Papuan, was tortured by three military personnel, after being accused of selling three cows belonging to Sergeant Major Lukas (For further details please visit http://www.humanrights.asia/news/urgent-appeals/AHRC-UAC-088-2017 ). Mr. Theo Hesegem, a coordinator of Advocacy Network for Law Enforcement and Human Rights (JAPH-HAM) in Wamena, Papua, has been advocating justice and seeking remedies for Mr. Hisage, through a press conference and circulating information regarding his torture.

On 8 July 2017, Mr. Theo Hesegem was with Priest Esmon Walilo S.Th, they were in the SUPPES church in Olala resident complex, Hom-hom, Wamena, Papua. Suddenly, Mr. Hesegem received a phone call from the Head of Staff Military Command, Kasdim Kodim 1702 of Jayawijaya regent. When Theo answered the phone, Kasdim stated, “Good evening, this is Kasdim.” Then he added, “What was your purpose by publishing the case through media?” When Hesegem tried to explain the matter, Kasdim stated “Do not speak about the case anymore, because the case had been discussed in a meeting at the Military Command Office Kodim 1702.” 

Further, Kasdim asked “Why did you publish the case through media again? The same statement published for three times? Are you looking for popularity?” In response, Mr. Hesegem confirmed that he does not seek popularity, and that he “provided assistance for torture victim”. Despite Mr. Hesegem informing Kasdim that he assisted victims and tried to provide justice and remedies to them, Kasdim insisted that Mr. Hesegem is looking for popularity. 

Vice commander of Kodim 1702 also expressed his unhappiness at the press conference and the circulation of information regarding Mr. Hisage’s torture. Moreover, Mr. Hesegem also sent an SMS to the Indonesian Military Commander, Army General Gatot Nurmantyo, because justice for torture victim Mr. Hisage has been neglected and denied.

Until today, there has been no investigation into the torture of Mr. Niko Hisage by Sergeant Major Lukas Mulai and two other army personnel from sub-district military command (Koramil) of Wamena city. The Military Command 1702 of Jayawijaya regent (Kodim 1702) is reluctant to investigate the case and to compensate the victim. Similarly, the police have also not conducted any investigation. On the contrary, the Kodim 1702, through vice commander of Kodim 1702 has shown his unwillingness to prosecute the case, and is instead insulting and intimidating Mr. Theo Hesegem, a human rights defender, fighting for Mr. Niko Hisage.

Therefore, I respectfully request you to ensure that Military Command 1702 of Jayawijaya regent (Kodim 1702) should ensure that the three army members who tortured Mr. Niko Hisage must be prosecuted. Moreover, the army should stop any form of intimidation or terror against human rights defenders in Papua.

Further, the police should immediately undertake investigation upon the case and ensure justice and remedy for the victim and his family. 

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 Gatot Nurmantyo
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. 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

7. 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

8. 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

9. 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

10. 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

11. 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-096-2017
Countries : Indonesia,
Campaigns : End Violence in West Papua
Issues : Administration of justice, Human rights defenders, Impunity, Military, Rule of law,