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Indonesia: Student in West Papua tortured and ill-treated by police officers

Asian Human Rights Commission Urgent Action - October 23, 2017

Urgent Appeal Case: AHRC-UAC-177-2017

Dear Friends,

The Asian Human Rights Commission (AHRC) has received information from our local partner in Papua about the torture and ill-treatment of a high school student, Yunus Manauri, in Teluk Wondama regency, West Papua province. After Yunus refused to hand over his motorcycle for not having the vehicle's document as well as a driving license, the police beat him until he fainted. After taking him to the police station, they continued to torture him, and threatened to 'shoot him dead' at the shooting range.

Case narrative:

On 11 October 2017, Yunus Manarui, a senior high school student of grade X, Teluk Wondama Public School 01 (SMUN 01), rode his motorcycle to school. On the way to school, he saw a police officer. He wanted to turn back to his house but finally proceeded go to school. While he was riding his motorcycle, suddenly the police stopped him. When the officers asked about his driving license, Yunus stated that he does not have any driving license.

The head unit of police traffic (Kasat Lantas) then asked for the vehicle registration certificates (STNK). When the police asked, "whose motorcycle is this?" Yunus answered that it was his brother's motorcycle. Then the police pulled out the motorcycle's key. Yunus asked the police to return the key because his cupboard's key is inside the motorcycle's seat. After receiving the key, Yunus immediately started the motorcycle to go to the school, but the police grabbed him and Yunus fell into a trench.

After he got up from the trench, Yunus immediately punched one of the police officers. Another officer then pushed Yunus into a new building. Then the officers arrested and surrounded him, and repeatedly punched and kicked him until Yunus fainted.

When Yunus woke up, he was brought to the Teluk Wondama Police Office (Polres Teluk Wondama) in Rasiei district. On the way to the police office, the police punched his face repeatedly and took pictures of his face with a mobile phone.

At the police station, a police officer who guarded the room and wore stone rings then punched Yunus' head two times. As a result, Yunus' head was bruised. Other police officers also threatened Yunus, stating, "bring him to the firing range and shoot him to death'. Yunus was then asked to put his hands on the table, and subsequently one police officer stated that he will cut the hand with a bayonet. Moreover, during police custody, Yunus was also tortured, according to Yunus, the police officers ordered him to pick a broom, where the broom handle made of an iron pipe, then the police hit Yunus' head with the broom handle, resulting in serious injuries.

Another police officer ordered Yunus to sit close to the cell door, then "he kicked my jaw with his shoes. I still have pain in the jaw. There were also officers stabbing my head with a broom handle, moreover I was also tortured hit by a water hose until my hands were swollen, I was also told to push up and jump jack in the cell," said Yunus. Currently, Yunus feels pain throughout his body, with waist pain, puffy eyes, hearing loss, bleeding lips, nasal swelling and difficulty breathing. Moreover, Yunus has difficulties in sleeping and eating.

Then, on October 13, a police officer, Mr. Auparay, brought Yunus back to his home. Yunus's parents then took him to the emergency unit of the local hospital. Until October 18, Yunus's condition was very bad; he cannot wake up from the bed, even he is not able to go to the bathroom without help from his siblings. Unfortunately, due to economic reasons, Yunus' family is not able to bring him to the hospital again, and merely treat him with local medicine made from herbs.

On October 19, Wondama Police Officer brought him to a local hospital for further examination, and according to Yunus' family, Yunus will be brought to Manokwari hospital because his finger bone is cracked.

Additional information:

Despite Indonesia having ratified the UN Convention against Torture by enactment of the Law No 5 of 1998, the government failed to develop a high standard of law to prosecute torture, and other cruel, inhuman or degrading treatment or punishment. Therefore most such cases remain unpunished, or merely result in light punishment. In addition, victims and family of torture victims face difficult circumstances due to internal ethic mechanism within the police and the military institutions. So far, the ethic mechanism will be used to prosecute the alleged perpetrators, and only very few cases will be brought to criminal court. For instance, on 1 August 2017 in Oneibo, South Tigi District, Deiyai Regency, Papua, the Police forcibly dispersed and shot the local indigenous Papuans who protested against the Putra Dewa Paniai Company. Up until present the alleged perpetrators have never been brought to the criminal court, on the contrary merely brought to ethic mechanism.

Suggested action:

Please write to the authorities listed below, asking them to ensure that the police officers who tortured and ill-treated Yunus Manarui should be held accountable. Accountable and credible investigation should be conducted by the police, and they must cooperate with the National Commission on Human Rights (Komnas HAM) as well as National Police Commission. If the police officers are found guilty, the case should be brought to the criminal court with fair and high standard of law. In addition, adequate remedy should be given to the victim. While Yunus should also be punished for his misdemeanors, the punishment should be proportional.

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-177-2017


Sample letter:

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

Indonesia: Student in West Papua tortured and ill-treated by police officers

I am writing to voice my deep concern regarding the torture and ill-treatment of a high school student, Yunus Manauri, in Teluk Wondama regency, West Papua province. After Yunus refused to hand over his motorcycle for not having the vehicle's document as well as a driving license, the police beat him until he fainted. After taking him to the police station, they continued to torture him, and threatened to 'shoot him dead' at the shooting range.

On 11 October 2017, Yunus Manarui, a senior high school student of grade X, Teluk Wondama Public School 01 (SMUN 01), rode his motorcycle to school. On the way to school, he saw a police officer. He wanted to turn back to his house but finally proceeded go to school. While he was riding his motorcycle, suddenly the police stopped him. When the officers asked about his driving license, Yunus stated that he does not have any driving license.

The head unit of police traffic (Kasat Lantas) then asked for the vehicle registration certificates (STNK). When the police asked, "whose motorcycle is this?" Yunus answered that it was his brother's motorcycle. Then the police pulled out the motorcycle's key. Yunus asked the police to return the key because his cupboard's key is inside the motorcycle's seat. After receiving the key, Yunus immediately started the motorcycle to go to the school, but the police grabbed him and Yunus fell into a trench.

After he got up from the trench, Yunus immediately punched one of the police officers. Another officer then pushed Yunus into a new building. Then the officers arrested and surrounded him, and repeatedly punched and kicked him until Yunus fainted.

When Yunus woke up, he was brought to the Teluk Wondama Police Office (Polres Teluk Wondama) in Rasiei district. On the way to the police office, the police punched his face repeatedly and took pictures of his face with a mobile phone.

At the police station, a police officer who guarded the room and wore stone rings then punched Yunus' head two times. As a result, Yunus' head was bruised. Other police officers also threatened Yunus, stating, "bring him to the firing range and shoot him to death'. Yunus was then asked to put his hands on the table, and subsequently one police officer stated that he will cut the hand with a bayonet. Moreover, during police custody, Yunus was also tortured, according to Yunus, the police officers ordered him to pick a broom, where the broom handle made of an iron pipe, then the police hit Yunus' head with the broom handle, resulting in serious injuries.

Another police officer ordered Yunus to sit close to the cell door, then "he kicked my jaw with his shoes. I still have pain in the jaw. There were also officers stabbing my head with a broom handle, moreover I was also tortured hit by a water hose until my hands were swollen, I was also told to push up and jump jack in the cell," said Yunus. Currently, Yunus feels pain throughout his body, with waist pain, puffy eyes, hearing loss, bleeding lips, nasal swelling and difficulty breathing. Moreover, Yunus has difficulties in sleeping and eating.

Then, on October 13, a police officer, Mr. Auparay, brought Yunus back to his home. Yunus's parents then took him to the emergency unit of the local hospital. Until October 18, Yunus's condition was very bad; he cannot wake up from the bed, even he is not able to go to the bathroom without help from his siblings. Unfortunately, due to economic reasons, Yunus' family is not able to bring him to the hospital again, and merely treat him with local medicine made from herbs.

On October 19, Wondama Police Officer brought him to a local hospital for further examination, and according to Yunus' family, Yunus will be brought to Manokwari hospital because his finger bone is cracked.

Despite Indonesia having ratified the UN Convention against Torture by enactment of the Law No 5 of 1998, the government failed to develop a high standard of law to prosecute torture, and other cruel, inhuman or degrading treatment or punishment. Therefore most such cases remain unpunished, or merely result in light punishment. In addition, victims and family of torture victims face difficult circumstances due to internal ethic mechanism within the police and the military institutions.

So far, the ethic mechanism will be used to prosecute the alleged perpetrators, and only very few cases will be brought to criminal court. For instance, on 1 August 2017 in Oneibo, South Tigi District, Deiyai Regency, Papua, the Police forcibly dispersed and shot the local indigenous Papuans who protested against the Putra Dewa Paniai Company. Up until present the alleged perpetrators have never been brought to the criminal court, on the contrary merely brought to ethic mechanism.

Therefore, I respectfully request you to ensure that the police officers who tortured and ill-treated Yunus Manarui should be held accountable. Accountable and credible investigation should be conducted by the police, and they must cooperate with the National Commission on Human Rights (Komnas HAM) as well as National Police Commission. If the police officers are found guilty, the case should be brought to the criminal court with fair and high standard of law. In addition, adequate remedy should be given to the victim. While Yunus should also be punished for his misdemeanors, the punishment should be proportional.

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. 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. 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

8. 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

9. Mr. Nur Kholis
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-177-2017.

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