Home / News / Urgent Appeals / INDONESIA: Killing of an activist

INDONESIA: Killing of an activist

December 5, 2008

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-261-2008

5 December 2008
---------------------------------------------------------------------
INDONESIA: Killing of an activist

ISSUES: Extrajudicial killing; human rights defender
---------------------------------------------------------------------

Dear friends,

The Asian Human Rights Commission (AHRC) has obtained information that Yosias Syet was found dead in his house on 17 October 2008. The autopsy confirmed that he had been murdered and it is alleged that the murder was designed to threaten the Head of the Papuan Customary Council, Fokorus Yaboisembut, since Yosias Syet was in charge of his security.

CASE DETAILS:

At approximately 6:45am on October 17, Petrus Samonsabra arrived at the home of Yosias Syet and called out his name. Seeing as he did not receive any reply from Yosias, he became apprehensive, and decided to call his friend Tinus. His friend arrived at the scene, and they managed to open the window curtain from outside so that they could see through the window. Inside they saw Yosias Syet lying in bed on his right side, seemingly asleep, but since he did not react to their calls, they decided to inform the local police (POLSEK West Sentani). (Photo: human rights activist Yosias Syet, months earlier)

Ultimately Yosias Syet was found to be dead. Witnesses reported that blood had been seeping out of his mouth and nose, and there were distinct blue bruises on the right flank of the upper part of his body. Further, a wound at the joints of the victim's right hand that seemed to have been inflicted by a sharp object was detailed by the witnesses. The victim had swollen lips and his stomach was also swollen. The victim's family members moreover told of a scar around his neck, suggesting that he had been strangled with a rope. The scene of the murder was left very neat; no indications of violence or fighting, such as blood stains, were found inside the room. It was only at the door of the room that the bloody marks of a hand were found.

Yosias Syet's corpse was brought to the Hospital of Jayapura at Dok II for autopsy. Attending the autopsy was the Commander of the District Military Command (Dandim), Letkol. Kav. AH Napoleon, who gave strict looks to the doctor doing the autopsy, as reported by two witnesses. The autopsy revealed that the victim had been badly beaten, and as a result his lips were gravely wounded and some front teeth had fallen out. Additionally, the victim had wounds on his right elbow and on the right side of the upper body, as well as two internal wounds at the back of his head. Two small holes, resembling injection holes, were situated over the victim's ears, and the pathologist confirmed that blood had come out of these. Yosias Syet's murder appears highly professional since there were few signs of violence inside the room, and the dead body was found neatly tucked in a sleeping position in bed. (Photo: corpse of Yosias Syet. Attention: graphic photo of the corpse might cause discomfort. Photo taken on October 17, 2008)

A police investigation has taken place, however concerns have been voiced by witnesses as well as by local NGO's regarding the quality and thoroughness of the investigation at the place where the body of the victim was found. There is reason to believe that this case will neither receive the full attention of the police investigators, nor is it likely that a processing of the crime would be free of any unlawful interference.

ADDITIONAL INFORMATION:

Three days before the murder of Yosias Syet, on October 14, he was distributing leaflets appealing for a demonstration organized by the National Committee supporting the International Parliament for Papua in the villages of Dosay, Waibron and Maribu. The International Parliament for Papua was set for holding a meeting in London on 15 October 2008 and the National Committee, headed by Buchtar Tabuni, supports the organization from within Papua.

At 9pm on the following day, Yosias Syet headed to discuss further preparations for the demonstration on October 16 at the home of Daniel Done. Subsequently, Yosias Syet proceeded to the house of Petrus Samonsabra to further plan the demonstration. Finally heading home, at approximately 12:30am, Yosias Syet met Jhon Ofide on the main road in front of the Protestant elementary school SD YPK. They spoke for a little while, after which Yosias Syet went alone to his relatively isolated house in the forest.

On October 16, locals were leaving from Dosai to join the demonstration in Jayapura. Due to security forces blocking the street in Sentani however, the demonstrators could not reach Jayapura, so they decided to go back to their villages. On the way home people began noticing that they had not seen Yosias Syet all day. On the following day, his dead body was found. (Photo: Funeral of Yosias Syet)

BACKGROUND INFORMATION:

Papua is an Indonesian Province which has been the arena for widespread and systematic human rights abuses by Indonesian security forces throughout the years since Indonesia's sovereignty of the territory in 1963. The target has mainly been indigenous Papuans, in particular under the allegation of affiliation with independence movements. Leaders of pro-independence, or Papuan empowerment movements, are frequently targeted by Indonesian security forces, as eligible victims for threats, torture and killings. One of the most notorious killings was that of the Papuan Presidium Council's (PDP) leader Theys Hiyo Eluay in 2001. Seven Indonesian army (TNI) soldiers eventually confessed the killing of the independence fighter. The court sentenced them to approximately 2 years each in prison. Since 2001, the TNI has conducted several "sweeping" operations in areas of suspected OPM activity, leaving hundreds of people displaced and many injured. Killings of Papuan activists and human rights defenders keep occurring in a systematic manner.

SUGGESTED ACTION:

Please write letters to the concerned authorities requesting them to ensure that this case is thoroughly investigated.

The AHRC has also written letters to the Special Rapporteurs on Extra-judicial, Summary, or Arbitrary Executions and human rights defenders calling for intervention in this case.

SAMPLE LETTER:

Dear _____,

INDONESIA: Please ensure though investigation is conducted on suspicious death of a man

Name of victim: Mr. Yosias Syet; a member of the Security Force PETAPA (Penjaga Tanah Papua) of the Papuan Customary Council (Dewan Adat Papua)
Name of alleged perpetrators: unidentified
Place of incident: village of Waibron, Jayapura Regency, Papua
Date of incident: 17 October 2008

I am shocked to hear of the killing of Yosias Syet in the village of Waibron, Jayapura Regency, Papua. According to the information I have received, Yosias Syet was murdered on the morning of the 17th of October. The manner of the killing was very professional, with few signs of violence in the room where Yosias Syet was found dead, seemingly sleeping in his bed.

Taking into account the politically turbulent situation in Papua, and the political commitment of Yosias Syet, it is plausible that this was a political assassination. As such it should be thoroughly, independently and transparently investigated and prosecuted, in order to set a positive example and to increase the trust in the police and the judiciary system amongst Papuans. The police investigation conducted so far has reportedly been flawed, and it is plausible that it will not lead to any prosecution, should this case not receive any additional pressure.

Following the successful and lawful investigation that I urge for, the perpetrator(s) responsible for this murder should be prosecuted, and the severity of the crime committed should be reflected in the harshness of the punishment. Lifetime imprisonment is an appropriate punishment for someone who is found guilty of murder, rather than 2 years, as was the punishment meted out for the killing of independence activist Theys Hiyo Eluay in 2002. Proportionality of the punishment in relation to the severity of the crime is important in increasing the trust in the judiciary amongst the indigenous Papuans and maintaining justice in the society.

I am also concerned that the aftermath of Yosias Syet's killing would result in a further division of the Papuan society where distrust characterizes the relationship between the public and the authorities. Although the motives behind Yosias Syet's murder are yet to be known; however, given the similarity of cases that have happened in the past, I am extremely concerned that this murder forms part of a pattern of targeted killing of political and human rights activists in Papua. I therefore urge you to use all lawful means possible to address this issue.

Once again, I ask you to ensure that this case is thoroughly and effectively investigated by identifying the perpetrators and holding them to account. Inaction in the face of this extrajudicial killing would be the equivalent of silent acceptance, which I sincerely hope is not your position in this matter. I count on you to prove your position in the near future, starting with the proper and lawful investigation of the murder of Yosias Syet.

Yours Sincerely,

----
PLEASE SEND YOUR LETTERS TO:

1. Irjen Polisi Drs. F.X. Bagus Ekodanto
Kepolisian Daerah Papua
Jl. Dr. Sam Ratulangi No. 8
Jayapura
INDONESIA
Tel: +62 967 33317 / 31835

2. R. Widyopramono SH,M.Hum.
Kejaksaan Tinggi Papua
Jl. Anggrek No.6 Tj. Ria
Jayapura
INDONESIA
Tel: +62 967 542764 / 541130

3. Mr. Hendarman Supandji
Attorney General
Kejaksaan Agung RI
Jl. Sultan Hasanuddin No. 1
Jakarta Selatan
INDONESIA
Fax: + 62 21 7250213
Tel: + 62 21 7221337, 7397602
E-mail: postmaster@kejaksaan.or.id

4. Gen. Sutanto
Chief of National Police
Jl. Trunojoyo No. 3
Jakarta Selatan
INDONESIA
Fax: +62 21 720 7277
Tel: +62 21 721 8012

5. Mr. Andi Matalatta
Minister of Justice and Human Rights
JI. H.R. Rosuna Said Kav. 6-7
Kuningan, Jakarta Selatan
INDONESIA
Fax: +62 21 525 3095

6. Mr. Susilo Bambang Yudoyono
President
Republic of Indonesia
Presidential Palace
Jl. Medan Merdeka Utara
Jakarta Pusat 10010
INDONESIA
Fax: + 62 21 231 41 38, 345 2685, 345 7782
Tel: + 62 21 3845627 ext 1003
E-mail: presiden@ri.go.id

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

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)

Document Type :
Urgent Appeal Case
Document ID :
AHRC-UAC-261-2008
Countries :
Issues :
Document Actions
Share |
Subscribe to our Mailing List
Follow AHRC
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.