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Indonesia: Alleged brutal shooting and violence by the Paniai Police Mobile Brigade (Brimob) in Papua

Asian Human Rights Commission Urgent Appeal - August 2, 2017

Urgent Appeal Case: AHRC-UAC-106-2017

Dear Friends,

The Asian Human Rights Commission (AHRC) has received information from our local partner in Papua Province. It speaks about an alleged brutal shooting and violence committed by the Paniai Police Mobie Brigade. It was carried out against local indigenous Papuans in Oneibo, South Tigi District, Deiyai Regency, Papua. Without any proper warning, the Police forcibly dispersed and shot the local indigenous Papuans who protested against the Putra Dewa Paniai Company. The protest was caused by the Company's refusal to help local residents to support the life of an indigenous Papuan. He was in a critical condition after near drowning in the Oneibo River.

Case narrative:

On August 1, 2017 around 04.30 pm, Mr. Ravianus Douw, a local resident of Oneibo, South Tigi District, Deiyai regent was drowning in the Oneibo River. The victim, in a critical condition was rescued by local residents. They requested assistance from the Putra Dewa Paniai Company. They asked to use the Company's car, parked near the accident area, to quickly transfer Ravianus to the local Hospital. The Company is working on the development of a bridge over the Oneibo River, Deyai regency.

However, the company refused to help the victim. Therefore, the local residents had to call a car from Waghete, about 10 KM away. After some time waiting, Ravianus Douw was transferred to a local hospital (RSUD Madi). Unfortunately, due to the delay, the victim's life could not be saved and he passed away. The local residents believed that the victim's life could have been saved, if the Company helped immediately in the transfer of the victim to the Hospital.

The following information was received by the AHRC. Knowing that the victim had passed away, the local residents were very angry and destroyed the Company camp. Shortly thereafter, around 05.45 p.m. fully armed troops of the Paniai Police Mobile Brigade (Brimob), arrived at the scene of the accident. They forcibly dispersed the residents and shot at them. As a result of the shooting some local residents were hit by bullets and had to be transferred to the local Hospital. Three residents are in critical condition.

Additional information:

Unfortunately, without any proper and accountable investigation, the Chief of Police of Papuan Regional Police (Kapolda Papua), Police Inspector General Boy Rafli Amar, reported that the incident was caused by the local residents. Furthermore, he claimed that the residents destroyed the company camp, BUT does not acknowledge that the Police indiscriminately shot into the crowd of local residents.

This case demonstrates a serious violation against the Chief Police Regulation (Perkap) number 8 of 2009, regarding the implementation of human rights principles and standards in the discharge of the duties of the Indonesian National Police

Article 10, paragraph c, of the Regulation stated "In carrying out their duties of enforcing the Law, every INP personnel must comply with the code of conduct as set out in Article 7 sub-article 7 as follows: Para c. refrain from using force unless absolutely necessary to prevent crime, or conduct an arrest in accordance with regulatory provisions concerning the use of force." In addition, the Police violated Law no 39 of 1999 on Human Rights. Further investigation into the case should consider the International Covenant on Civil and Political Rights (ICCPR). Indonesia is a State party by enactment of Law No. 12 of 2005.

Suggested action:

Please write to the Authorities listed below, asking them to ensure that the Police, without proper and accountable investigation, should not publicly announce any findings on the case. The Police should investigate the case properly under fair trial principles, and open access for the external oversight from the following: The National Commission on Human Rights (Komnas HAM), the National Police Commission and independent Human Rights Organizations. They should ensure that the alleged perpetrators will not be released until they are punished. The personnel of the police mobile brigade (Brimob) who were found guilty should be held accountable. In justice, the residents who destroyed the company camp should be properly investigated and judged as well.

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

To support this case, please click here: http://www.urgentappeals.net/support.php?ua=AHRC-UAC-106-2017


Sample letter:

Dear ....................,

Indonesia: Alleged brutal shooting and violence committed by the Paniai Police Mobile Brigade (Brimob) in Papua

I am writing to voice my deep concern regarding an alleged brutal shooting and violence committed by the Paniai Police Mobie Brigade. It was carried out against local indigenous Papuans in Oneibo, South Tigi District, Deiyai Regency, Papua. Without any proper warning, the Police forcibly dispersed and shot the local indigenous Papuans who protested against the Putra Dewa Paniai Company. The protest was caused by the Company's refusal to help local residents to support the life of an indigenous Papuan. He was in a critical condition after near drowning in the Oneibo River.

On August 1, 2017 around 04.30 pm, Mr. Ravianus Douw, a local resident of Oneibo, South Tigi District, Deiyai regent was drowning in the Oneibo River. The victim, in a critical condition was rescued by local residents. They requested assistance from the Putra Dewa Paniai Company. They asked to use the Company's car, parked near the accident area, to quickly transfer Ravianus to the local Hospital. The Company is working on the development of a bridge over the Oneibo River, Deyai regency.

However, the company refused to help the victim. Therefore, the local residents had to call a car from Waghete, about 10 KM away. After some time waiting, Ravianus Douw was transferred to a local hospital (RSUD Madi). Unfortunately, due to the delay, the victim's life could not be saved and he passed away. The local residents believed that the victim's life could have been saved, if the Company helped immediately in the transfer of the victim to the Hospital.

The following information was received by the AHRC. Knowing that the victim had passed away, the local residents were very angry and destroyed the Company camp. Shortly thereafter, around 05.45 p.m. fully armed troops of the Paniai Police Mobile Brigade (Brimob), arrived at the scene of the accident. They forcibly dispersed the residents and shot at them. As a result of the shooting some local residents were hit by bullets and had to be transferred to the local Hospital. Three residents are in critical condition.

Unfortunately, without any proper and accountable investigation, the Chief of Police of Papuan Regional Police (Kapolda Papua), Police Inspector General Boy Rafli Amar, reported that the incident was caused by the local residents. Furthermore, he claimed that the residents destroyed the company camp, BUT does not acknowledge that the Police indiscriminately shot into the crowd of local residents.

This case demonstrates a serious violation against the Chief Police Regulation (Perkap) number 8 of 2009, regarding the implementation of human rights principles and standards in the discharge of the duties of the Indonesian National Police

Article 10, paragraph c, of the Regulation stated "In carrying out their duties of enforcing the Law, every INP personnel must comply with the code of conduct as set out in Article 7 sub-article 7 as follows: Para c. refrain from using force unless absolutely necessary to prevent crime, or conduct an arrest in accordance with regulatory provisions concerning the use of force." In addition, the Police violated Law no 39 of 1999 on Human Rights. Further investigation into the case should consider the International Covenant on Civil and Political Rights (ICCPR). Indonesia is a State party by enactment of Law No. 12 of 2005.

Therefore, I respectfully request you to ensure that the Police, without proper and accountable investigation, should not publicly announce any findings on the case. The Police should investigate the case properly under fair trial principles, and open access for the external oversight from the following: The National Commission on Human Rights (Komnas HAM), the National Police Commission and independent Human Rights Organizations. They should ensure that the alleged perpetrators will not be released until they are punished. The personnel of the police mobile brigade (Brimob) who were found guilty should be held accountable. In justice, the residents who destroyed the company camp should be properly investigated and judged as well.

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 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

5. 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

6. 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

7. 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

8. 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

9. 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

10. 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)

Source: http://www.humanrights.asia/news/urgent-appeals/AHRC-UAC-106-2017.

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