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INDONESIA: Investigation needed into the two week detainment and ill-treatment of a Papuan man

September 17, 2009

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-121-2009



17 September 2009

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INDONESIA: Investigation needed into the two week detainment and ill-treatment of a Papuan man

ISSUES: Right to liberty and security; inhuman treatment; militarization
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Dear friends,

The Asian Human Rights Commission (AHRC) has learned of the abduction, ill treatment and two-week detention of a Papuan man, during which he was interrogated about a fire that destroyed property owned by former Indonesian president Suharto. The incident is similar to past cases of abduction by army personnel and we are concerned that the matter will not be thoroughly investigated by local officials.

CASE DETAILS:

According to the victim's family, and the KPKC Sinode Indonesian Christian Church (GKI) in Papua, Mr. Oktavianus Bukuap was abducted by unidentified men in civilian clothing on 1 August 2009. He had been on his way from Warombaim to Nimbokrang II and was forced into a car, blindfolded and anesthetized until he blacked out.

He woke in a dark room which he believed was underground, and over the following two weeks was kept there, fed once a day and forced to urinate and defecate in the corner of the room. He was questioned about his involvement in a fire that took place at Hanurata Coy Inc twenty three years ago. Since he wasn't aware of the case, there was no information he could give.

Hanurata Coy, Inc. is a timber corporation owned by the family of former president Suharto, and some of the shares are believed to be held by army personnel. The corporation holds the rights to Forestry Management (HPH) of a 188.500 hectare forest in Keerom regency, Jayapura.

He was released on August 13 at 4AM, and dropped into Kodam Baru Polimak IV Street while blindfolded with his hands and legs tied.

SUGGESTED ACTION:

Please send your letters to the authorities listed below to urge a complete and thorough investigation by the authorities.

To support this appeal please click here:

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SAMPLE LETTER:

Dear _______________,

INDONESIA: Investigation needed into the two week detainment and ill-treatment of a Papuan man

Name of the victim: Oktavianus Bukuap, 34 years old.
Name of the alleged perpetrators: Unidentified
Date of incident: 1 August 2009 until 13 August 2009
Place of incident: West Papua

I am writing to urge a thorough investigation into the abduction, ill treatment and interrogation of Mr. Oktavianus Bukuap. Based on information I have, Mr. Bukuap was abducted by a group of unidentified men and locked up in an underground room from August 1 until August 13, 2009, during which he was given just one meal a day and had to urinate and defecate in the same place where he slept and ate. Though Mr. Bukuap doesn’t know the reason for his abduction he was questioned about a fire at Hanurata Coy, Inc. which took place in the mid 1980s.

It is clearly stated in Article 9 paragraph (1) of International Covenant on Civil and Political Rights (ICCPR) that everyone has the right to liberty and security of person and no one should be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law. Thus, any form of detention committed unlawfully is a crime under Article 328 of Indonesia Penal Code.

I wish to remind you that as a state party to the ICCPR and as a country who guarantees the right to liberty in its Constitution, the government of Indonesia is obliged to take any necessary steps to protect, to respect, and to fulfill the right to liberty of any individuals in its territory. It must also ensure that victims of human rights violations have access to judicial remedy.

Therefore, I request that you make sure that all necessary steps are taken to find and punish the perpetrators of this crime in accordance to the law. Impunity must be avoided at all costs.

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Mr. Susilo Bambang Yudhoyono
President of Republic of Indonesia
Presidential Palace,
Jl. Medan Merdeka Utara Jakarta Pusat 10010
INDONESIA
Tel: +62 21 384 5627, ext. 1003
Fax: +52 21 231 4138, 345 2685, 345 7782
Email: 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

3. General Bambang Hendarso Danuri
National Head of Police
Jl. Trunojoyo No. 3
Jakarta Selatan
INDONESIA
Tel: +62 21 721 8012
Fax: +62 21 720 7277
Email: polri@polri.go.id

4. Ms. Harkristuti Harkrisnowo
General Director of Human Rights
Department of Law and Human Rights Republic of Indonesia
Jl. HR Rasuna Said Kav.6-7 Kuningan, Jakarta 12940
Tel: +62 21 525 3006, 525 3889, 526 4280
Fax: +62 21 525 3095
Email: harkristuti_harkrisnowo@yahoo.com

5. Mr. Ifdhal Kasim
Chairman
National Human Rights Commission (KOMNAS HAM)
Jl. Latuharhary No. 4B Menteng
Jakarta Pusat 10310
INDONESIA
Tel: +62 21 3925230
Fax: +62 21 3151042/3925227
Email: info@komnasham.or.id

6. 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


Document Type :
Urgent Appeal Case
Document ID :
AHRC-UAC-121-2009
Countries :
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.