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INDONESIA: Rights activist Buktar Tabuni arrested after peaceful protests

December 10, 2008

NOTICE: The AHRC encourages you to send your appeal letters via fax or post to them. Fax numbers and postal addresses of the Indonesian authorities are attached below with this appeal. You may reproduce with reference in part or in full the content of this urgent appeal including photos. Thank you.

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

 

Urgent Appeal Case: AHRC-UAC-262-2008

 

10 December 2008

 

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INDONESIA: Rights activist Buktar Tabuni arrested after peaceful protests

 

ISSUES: freedom of expression, illegal arrest, armed forces, right to self-determination

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Dear friends,

 

October protestsThe Asian Human Rights Commission (AHRC) is disturbed to learn from the SKP office of the Catholic Diocese in Papua that the police arrested student activist leader Mr. Buktar Tabuni on December 3, 2008 in Sentani, Jayapura, Indonesia on criminal charges of "treason". The authorities arrested him despite the fact that he followed all requirements stipulated in the Indonesian legislation regarding freedom of expression, when organizing demonstrations.

CASE DETAILS:

 

 

Mr. Buktar Tabuni is a human rights activist, as well as the leader of the Student Association of the Central Highlands in Papua. On October 16, 2008, Mr. Tabuni organized a peaceful demonstration in Papua in support of the International Parliamentarians for West Papua in London. (Photo 1, 2: Protests on October 16, 2008, source: local activists)

 

 

Protests on October 16, 2008

Subsequently, on December 3, 2008, the Criminal Investigation Department (CID) of the police of Papua arrested Mr. Tabuni and took him into custody. The commander in charge was Senior Adjunct Paulus Waterpauw. The arrest was carried out without a warrant. The victim has been kept in detention since the arrest and remains there until now.

 

Mr. Tabuni conformed to the requirements of Law No. 9/1998 in Indonesia regarding freedom of expression when exercising protest action. The police charged the victim with treason under articles 106, 110, 160, 212 and 216 of the Indonesian Penal Code. The minimum penalty for this crime is seven years, and the maximum penalty is life imprisonment.

 

BACKGROUND INFORMATION

 

 

In the past, many human rights activists in Papua have been threatened, arrested, detained and even murdered by various sections of the Indonesian security forces. On October 17, 2008, the human rights activist Yosias Syet was found murdered in his home in the village of Waibron, Jayapura Regency, Papua. The perpetrators have yet to be identified in this case, but there are indicators suggesting that he was murdered for political reasons by Indonesian security forces. See AHRC-UAC-261-2008

for more information.

 

In many past cases of detention of human rights activists in Papua, torture has been the preferred modus operandi

during interrogations and detention. There is reason to assume that Mr. Tabuni is suffering from the same treatment during his current detention.

 

Mr Tabuni is charged with treason under several articles. The two most frequently used articles against human rights defenders in Papua include Art. 106 and Art. 160. These read as follows:

 

Art. 106: "The attempt to bring the territory of the state wholly or partially under foreign domination or to separate part thereof shall be punished by life imprisonment or a maximum imprisonment of twenty years.

"

 

Art. 160: "Any person who orally or in writing incites in public to commit a punishable act, a violent action against the public authority or any other disobedience, either to a statutory provision or to an official order issued under a statutory provision, shall be punished by a maximum imprisonment of six years.

"

 

In August 2008 eight members of the staff of the Aceh Legal Aid Institute were sentenced to imprisonment under charges of article 160 after having distributed pamphlets that explained government involvement in land expropriations. See AHRC-UAC-197-2008

for more information on the case.

 

protests against Buktar's detentionIndonesia is state party to and thus bound by the International Covenant on Civil and Political Rights which requires in its article 19.2 that "everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice." The application of articles 106 and 160 represent a violation of these rights. (Photo 3: protests against Buktar Tabuni's arrest and detention in front of the police station, source: local activists)

 

 

Article 106 is typically not applied with caution and prohibits through its content the full exercise of freedom of expression and related to this the inalienable right to self-determination. Article 160 is worded in vague language, which makes it susceptible to selective implementation. This is often the case in Papua, where these articles are frequently used against rights activists. This then blocks peace-building activities in the two Papuan provinces which remain under the strong grip of armed security forces.


SUGGESTED ACTION:

 

 

Please write to the persons listed below urging them to stop the arbitrary arrests of human rights activists in Papua and urging the immediate release of Mr. Tabuni from custody.

 

Also,drawing on this case, please voice your concern regarding the right to freedom of expression of indigenous Papuans, in general, and of human rights activists in particular.

 

Please note that the AHRC has written a separate letter to the UN Special Representative on human rights defenders and freedom of opinion and expression calling for intervention in this matter.

 

 

SAMPLE LETTER:

 

 

Dear _____,

 

INDONESIA: Arrest of Buktar Tabuni

 


Victim's name:

Buktar Tabuni

Victim's details:

Male, born on May 10, 1979 in Papani Village, District of Jayawijaya, University student of STITEK Makassar, South Sulawesi, address: BTN Purwodadi, Sentani, District of Jayapura, Indonesia

Perpetrators:

Criminal Investigation Division of the police in Papua, under command of Senior Adjunct Paulus Waterpauw

Date of incident:

December 3, 2008

Place of incident:

Sentani, Jayapura, Papua

 

I am appalled to learn of the arrest of Mr. Buktar Tabuni on the 3rd of December 2008 in Sentani, Jayapura, Indonesia. According to the information I have received, Mr Tabuni was arrested on charges of treason, based on articles 106, 110, 160, 212 and 216 of the Indonesian Penal Code. He was arrested by personnel from the C.I.D. of the Papuan police. No arrest warrant was presented at the time of the arrest, and Mr. Tabuni is still being held in detention.

 

Mr. Tabuni is an active human rights activist, and a student Association leader. He has as such organized a number of peaceful demonstrations. The most recent one was in support of the International Parliamentarians for West Papua in London, and was held on October 16, 2008.

 

Despite the fact that the various demonstrations organized by Mr. Tabuni had been peaceful, and in accordance with the requirements set out in Indonesian Law No. 9/1998 regarding freedom of expression, he was arrested, charged with treason, and remains in detention.

 

First, I ask you to ensure that Mr. Tabuni is released immediately from custody. This is urgent considering the risk of torture as commonly practiced in Papuan detention facilities.

 

I further urge you to drop the charges against Mr. Tabuni, as he was exercising his right to freedom of expression in accordance with Law No. 9/1998.

 

I want to draw attention to the need of revising the Indonesian Penal Code, especially with regards to article 106 and 160, since these are written in vague language and often applied against rights activists. A revision would reduce the high risk of arbitrary application of these laws.

 

Finally, I want to stress arrests such as that of Mr. Tabuni constitute a grave breach of the right to freedom of expression as enshrined in article 19 of the International Covenant on Civil and Political Rights (ICCPR). The neglect of these fundamental rights by Indonesia would represent utter disrespect of international human rights standards.

 

I trust that you will do what is in your power to make sure that Mr. Tabuni will be released from detention and the charges against him dropped.

 

Yours Sincerely;

 

 

 

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PLEASE SEND YOUR LETTERS TO:

 

 

 

1. 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

 

 

2. R. Widyopramono SH,M.Hum.

Kejaksaan Tinggi Papua

Jl. Anggrek No.6 Tj. Ria

Jayapura

INDONESIA

Tel: +62 967 542764 / 541130

 

 

3. Paulus Waterpauw,

Director of the Criminal Unit

Papua Regional Police

Jl. Samratulangi

No. 8 Jayapura

INDONESIA

Tel: + 62 967 531834

 

 

4. 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

 

 

5. Gen. Bambang Hendarso Danuri

Chief of National Police

Jl. Trunojoyo No. 3

Jakarta Selatan

INDONESIA

Fax: +62 21 720 7277

Tel: +62 21 721 8012

Email: polri@polri.go.id

 

 

6. 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

 

 

7. 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

 

 

8. 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@ahrc.asia)

Document Type :
Urgent Appeal Case
Document ID :
AHRC-UAC-262-2008
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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.