INDONESIA: Police yet to show progress in the Tolikara case investigation

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAU-001-2016
ISSUES: Administration of justice, Freedom of religion, Right to fair trial, Right to remedy,

Dear Friends,

The Asian Human Rights Commission (AHRC) has received updated information regarding the police investigation process in relation to the Tolikara case. A total of 11 people became victim to the violence on 17 July 2015 in Tolikara Regency, Papua Province. However, so far there has been no notable outcome to the investigation undertaken by the police. Likewise there appears to be no serious effort undertaken by the government to solve and prevent recurrence of conflict in the future. And, this is despite the initiative taken by representatives of the Evangelical Church of Indonesia (GIDI) and the Muslim community, namely Nahdatul Ulama (NU).

UPDATED INFORMATION:

Since the time the regional police of Papua province announced that it would be conducting an investigation into the Tolikara violence, the leadership of the Evengelical Church of Indonesia (GIDI) and representative leaders of the Nahdatul Ulama have conducted peaceful mediation. The GIDI suggested in the meeting that this problem should be solved through local Papuan customs of dispute resolution.

Father Beni Giay, representing church leaders, and Toni Wanggai, representing the Nahdatul Ulama of Papua Province, mediated the meeting between the two sides. Subsequently, the GIDI leadership communicated with local Muslim leader Ustad Ali of Tolikara and, on July 29, reached an agreement for peaceful settlement and for legal proceedings to be lifted.

However, the government has ignored this peace effort; therefore alongside this direct peace effort, the legal process in the case is still up and running. The police investigation, however, has stalled and the police are still yet to conduct an examination of the witnesses.

The following is a list of the victims:

1. Endi Wanimbo (15 years) dead; bullet pierced lower back and exited stomach; 
2. Amatin Sibolim, bullet wound in the leg; 
3. Enembe Mus Jikwa, bullet wound in the right thigh; 
4. Geradadus Kogoya, bullet wound in the right calf; 
5. Yulianus Lambe, bullet wound in the left thigh; 
6. Dasiduli Jikwa, bullet wound in the buttocks; 
7. Atlelu Wenda, bulllet wound in the left thigh; 
8. Ares Kogoya, bullet wound in the left knee; 
9. Alesi, bullet wound in the left thigh; 
10. Ciliben, bullet wound in the left thigh; 
11. Edison Pagawak, bullet wound in the left leg.

Religious conflict has been a serious matter in Indonesia in the last decade. However, most of the conflict has occurred outside Papua Island. The Tolikara case has shown that there is no single place in Indonesia that is immune from religious conflict and persecution against minority religions and belief. This circumstance cannot be separated from the lack of government effort to undertake serious effort to prevent, stop, and prosecute whoever it is that brutally attacks others on the basis of religion. Moreover, the government also has not shown willingness to withdraw all regulation that discriminates against and prevents enjoyment of the right to freedom of religion and belief, as guaranteed in the 1945 Indonesian Constitution.

ADDITIONAL INFORMATION:

President Joko Widodo should prove his commitment to reduce religious conflict, because he has declared that the State will ensure protection of all citizens. However, under his administration, the AHRC notes that several incidents involving brutal attacks have occurred, without there emerging any serious effort to solve the root problem. Cases in point are the mob attacks against the Ahmadiyya, against the Fajar Nusantara Movement (Gafatar), and against a place of worship in Aceh, Singkil.

SUGGESTED ACTION:

Please write to the authorities listed below, asking them to ensure that the police officers responsible for shooting at the GIDI congregation are investigated and prosecuted. The police should conduct further investigation without further delay.

The AHRC is writing a separate letter to the UN Special Rapporteur on Freedom of religion and belief on this matter.

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

SAMPLE LETTER

Dear ………………..,

INDONESIA:Police yet to show progress in the Tolikara case investigation

Name of victim:

1. Endi Wanimbo (15 years) dead; bullet pierced lower back and exited stomach; 
2. Amatin Sibolim, bullet wound in the leg; 
3. Enembe Mus Jikwa, bullet wound in the right thigh; 
4. Geradadus Kogoya, bullet wound in the right calf; 
5. Yulianus Lambe, bullet wound in the left thigh; 
6. Dasiduli Jikwa, bullet wound in the buttocks; 
7. Atlelu Wenda, bulllet wound in the left thigh; 
8. Ares Kogoya, bullet wound in the left knee; 
9. Alesi, bullet wound in the left thigh; 
10. Ciliben, bullet wound in the left thigh; 
11. Edison Pagawak, bullet wound in the left leg.

Names of alleged perpetrators: 
1. Individuals part of intolerant mob 
2. Police officers of Tolikara Police Resort, Papua, Indonesia

Date of incident: 17 July 2015

I am writing to voice my deep concern regarding regarding the police investigation process in relation to the Tolikara case. A total of 11 people became victim to the violence on 17 July 2015 in Tolikara Regency, Papua Province. However, so far there has been no notable outcome to the investigation undertaken by the police. Likewise there appears to be no serious effort undertaken by the government to solve and prevent recurrence of conflict in the future. And, this is despite the initiative taken by representatives of the Evangelical Church of Indonesia (GIDI) and the Muslim community, namely Nahdatul Ulama (NU).

Since the time the regional police of Papua province announced that it would be conducting an investigation into the Tolikara violence, the leadership of the Evengelical Church of Indonesia (GIDI) and representative leaders of the Nahdatul Ulama have conducted peaceful mediation. The GIDI suggested in the meeting that this problem should be solved through local Papuan customs of dispute resolution.

Father Beni Giay, representing church leaders, and Toni Wanggai, representing the Nahdatul Ulama of Papua Province, mediated the meeting between the two sides. Subsequently, the GIDI leadership communicated with local Muslim leader Ustad Ali of Tolikara and, on July 29, reached an agreement for peaceful settlement and for legal proceedings to be lifted.

However, the government has ignored this peace effort; therefore alongside this direct peace effort, the legal process in the case is still up and running. The police investigation, however, has stalled and the police are still yet to conduct an examination of the witnesses.

The following is a list of the victims:

1. Endi Wanimbo (15 years) dead; bullet pierced lower back and exited stomach; 
2. Amatin Sibolim, bullet wound in the leg; 
3. Enembe Mus Jikwa, bullet wound in the right thigh; 
4. Geradadus Kogoya, bullet wound in the right calf; 
5. Yulianus Lambe, bullet wound in the left thigh; 
6. Dasiduli Jikwa, bullet wound in the buttocks; 
7. Atlelu Wenda, bulllet wound in the left thigh; 
8. Ares Kogoya, bullet wound in the left knee; 
9. Alesi, bullet wound in the left thigh; 
10. Ciliben, bullet wound in the left thigh; 
11. Edison Pagawak, bullet wound in the left leg.

Religious conflict has been a serious matter in Indonesia in the last decade. However, most of the conflict has occurred outside Papua Island. The Tolikara case has shown that there is no single place in Indonesia that is immune from religious conflict and persecution against minority religions and belief. This circumstance cannot be separated from the lack of government effort to undertake serious effort to prevent, stop, and prosecute whoever it is that brutally attacks others on the basis of religion. Moreover, the government also has not shown willingness to withdraw all regulation that discriminates against and prevents enjoyment of the right to freedom of religion and belief, as guaranteed in the 1945 Indonesian Constitution.

Therefore, I respectfully request you to ensure that the alleged perpetrators involved in the Tolikara case be held accountable and the police officer that allegedly shot at the congregations must be examined and, if proven guilty, must be held accountable.

The Indonesian government must develop a comprehensive solution to solve religious intolerance and conflict, and withdraw certain regulations, such as the blasphemy law, which will be used to discriminate against and persecute, minority religions in Indonesia

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 Badroedin Haiti 
Chief of National Police 
KAPOLRI
Jl. Trunojoyo No. 3
Kebayoran Baru, 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 Yotje Mende 
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. Mr. Luhut Binsar Panjaitan
Chairperson National Police Commission
Jl. Tirtayasa VII No. 20
Kebayoran Baru, Jakarta Selatan
INDONESIA
Tel: +62 21 739 2315
Fax: +62 21 739 2352
E-mail: secretariat@kompolnas.go.id, skm@kompolnas.go.id

7. Mr. Nur Kholis 
Chairperson National Human Rights Commission
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 Update
Document ID : AHRC-UAU-001-2016
Countries : Indonesia,
Issues : Administration of justice, Freedom of religion, Right to fair trial, Right to remedy,