Komnas HAM categorizes Paniai incident as serious human rights violation – Case submitted to Attorney General

The National Human Rights Commission (Komnas HAM) has officially categorized the infamous ‘Paniai Case’ of December 2014 as serious human rights violation. During a plenary session on 3 February 2020, Komnas HAM discussed the findings of five years investigation with the result that the case meets the criteria of a systematic, widespread attack against the civilian population during the incident. According to Komnas HAM chairperson, Ahmad Taufan Damanik, Komnas HAM submitted the results of the investigation to the Attorney General on 11 February 2020.

For five years, an ad-hoc investigation team under the lead of Choirul Anam had interviewed 26 witnesses and examined the site of crime in the town of Enarotali, Paniai Regency. The investigation team concluded that members of the XVII/ Cenderawasih military command and sub-commands in Enarotali were responsible for the killing of four young men. Twenty-one indigenous Papuans sustained injuries as the security forces opened fire at the crowd. The ad-hoc team also found indication for violations committed by members of the police – however, these violations could not be categorized as serious human rights violations. Komnas HAM observed that obstruction of justice had resulted in the obscuration of facts and a delayed law enforcement process.

The news from Jakarta triggered prompt responses in West Papua. The Papuan Customary Council (Dewan Adat Papua) demanded an accelerated establishment of the human rights court on West Papua soil to allow the Papuan people to witness the trials. The only human rights violation in West Papua which has ever been processed through a human rights court occurred in the Jayapura Suburb Abepura in 2000. The case was processed in 2004 in the city of Makassar, South Sulawesi. The alleged perpetrator was finally acquitted.

Background

Many other cases which had been investigated by Komnas HAM were never processed by the Attorney Generals office, which argued that the case files were incomplete.

The national mechanism for legal processing of cases of genocide and crimes against humanity is stipulated in Law 22/2000 on human rights courts. According to the sections four and five of the law, KOMNAS HAM has the mandate to investigate a case whereas the attorney general examines the inquiry report and submits it to a human rights ad-hoc court, if the files fulfil the legal requirements for a trial.

In reality the national mechanism is not functioning. Since 2002, the nine cases files have been passed back and forth between KOMNAS HAM and the attorney General’s office without any progress.

Laporan Baru ICP tentang Papua Barat: hak asasi manusia, konflik dan situasi pembangunan

Laporan bersama ini memperlihatkan bagaimana Papua Barat sedang menjadi hot spot atas berlangsungnya pelanggaran hak asasi manusia dan konflik bersenjata di Indonesia dan di wilayah Asia-Pasifik. Bila dibandingkan dengan beberapa waktu sebelumnya, pelanggaran yang terjadi lebih serius.

Laporan ini mencakup situasi hak asasi manusia, konflik dan pembangunan di dua provinsi paling timur di Indonesia yaitu Papua dan Papua Barat (selanjutnya dirujuk sebagai Papua Barat). Koalisi Internasional untuk Papua (ICP) dan Westpapua-Netzwerk (WPN) menerbitkan laporan bersama ini setelah lebih dari dua tahun melakukan dokumentasi dan penelitian secara luas. Laporan ini disiapkan dalam kerja sama erat dengan berbagai organisasi yang ada di Papua Barat dan di Jakarta. Dua puluh tujuh pemangku kepentingan - yang terdiri dari LSM lokal, nasional dan internasional, organisasi berbasis agama dan pakar internasional – memberikan kontribusi untuk penerbitan publikasi ini. Oleh karena itu, laporan ini menyajikan rangkaian lengkap dan akurat atas kejadian-kejadian yang berlangsung dalam beberapa tahun terakhir.

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Press release: New Report on the West Papua Human Rights and Conflict Situation published by the ICP

The International Coalition for Papua together with the Westpapua-Netzwerk has published in February 2020 a new report called "Human Rights and Conflict Escalation in West Papua". The report, which gives a comprehensive overview of the human rights, conflict and development situation in one of the most forgotten conflict regions of the world, was presented in a press conference earlier today in Geneva. The joint report shows how West Papua became more than before a hot spot for human rights violations and armed conflict in Indonesia and in the Asia-Pacific region.

The report covers the human rights, conflict and development situation in Indonesia's easternmost provinces of Papua and Papua Barat. The International Coalition for Papua (ICP) and the Westpapua-Netzwerk (WPN) are publishing this joint report after more than two years of extensive documentation and research work in close collaboration with local groups in West Papua and in Jakarta. Twenty-seven stakeholders - consisting of local, national and international NGOs, faith-based organisations and international experts - have contributed to the publication, making it a comprehensive and accurate compilation of events throughout the past years.

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One indigenous civilian killed and two injured in Sogapa – 15 villages in Intan Jaya Regency reportedly affected by internal displacement

A military operation has been taking place in the regency of Intan Jaya after two military members were killed by members of the West Papua National Liberation Army (TPN PB) on 17 December 2019. The Office for Justice, Peace and Integrity of Creation of the Papuan Tabernacle Church (JPIC Kingmi Papua) reported further armed clashes between Indonesian Military Forces (TNI) and the TPN PB on 26 January 2020 in the district of Sogapa, Intan Jaya Regency. TNI members allegedly shot dead a motorcycle taxi driver named Bugalebega Kobogau (27 years). According to information received, Mr Kobogau ran outside after he heard nearby shots and was shot in his front yard. He died as a result of a head shot. It is believed that the assault was conducted with a sniper rifle – the projectile smashed large parts of the victim’s head (see Intro Image).

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Fourth Update on trials and detentions after Anti-Racism Riots in West Papua

This article provides an overview on trials related to Papua-wide anti-racism protests between late August and late September 2019 as well as the subsequent wave of criminalisation against human rights defenders and political activists. The International Coalition for Papua summarised earlier stages of the legal proceedings and detentions in previous articles (first update, second update; third update). The following article covers recent developments in relation to the anti-racism riots between mid-January 2020 and early February.

 

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Third Update on trials and detentions after anti-racism riots in West Papua

This article provides an overview on trials related to Papua-wide anti-racism protests between late August and late September 2019 as well as the subsequent wave of criminalisation against human rights defenders and political activists. The International Coalition for Papua summarised earlier stages of the legal proceedings and detentions in previous articles (first update, second update). The following article covers recent developments in relation to the anti-racism riots between mid-December 2019 and 22 January 2020.

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Trial update on killing of Govt contractors in Nduga Regency – Lawyers request forensic examination of defendant’s teeth

A trial against a first suspect in the killing of road workers in the Regency of Nduga  has been ongoing at the Central Jakarta District Court since 6 January 2020. The Government contractors were killed by members of the West Papua National Liberation Army (TPN PB) in early December 2018. The defendant, Mispo Gwijangge is an indigenous farmer from the regency of Nduga. He has been charged with article 340 of the Indonesian Criminal Code (KUHP) in conjunction with article 55 (1) KUHP on involvement in premeditated murder. His lawyers again raised concerns about multiple shortcomings in the police investigation during trial. Mispo Gwijangge, who hardly understands the Indonesian language, was arbitrarily arrested and subsequently interrogated without the presence of lawyers or translators. He denies any involvement in the killings.

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Update on killing of Govt contractors in Nduga Regency - Trial against defendant launched in Jakarta

More than one year has passed since West Papua National Liberation Army (TPN-PB) members killed a group of road workers in the Papuan highland regency of Nduga. On 6 January 2019, a trial against Mispo Gwijangge (20 years) was launched at the Central Jakarta District Court. The defendant originates from Suwenem Village in the Yigi District, Nduga Regency, where he helped his parents by working in the garden. Police officers arrested Mispo Gwijangge and two other suspects at the Sinakma Market in the regency of Jayawijaya on 10 May 2019, after he fled from his village to the highland town of Wamena. He was detained and charged with article 340 of the Indonesian Criminal Code (KUHP) in conjunction with article 55 (1) KUHP on involvement in premeditated murder, punishable with a maximum sentence of 20 years imprisonment or capital punishment. The public prosecution also charged him with a number of other criminal charges, among them articles 338 KUHP on homicide, 351 on ill-treatment and 333 on deprivation of someone's liberty. The other two suspects were released without charges. Mispo Gwijangge denies any involvement in the killing of PT Istaka employees on 4 December 2018.

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Freedom of speech in West Papua under threat – police presses charges against student for Facebook post on Sugapa Shooting

Members of the Cybercrime Unit of the Papua Regional Police (Polda Papua) arrested a twenty-eight-year-old Papuan student in the town of Nabire. Melianus Duwitau had allegedly uploaded a post on his Facebook account (account name: Mel PKN), in which he questioned the veracity of a public statement by the Polda Papua Chief, Paulus Waterpauw, regarding the recent shooting in the town of Sugapa, Intan Jaya Regency. Duwitau’s lawyers claim that the police officers failed to show a warrant at the time of arrest, as required under provisions of the Indonesian Criminal Procedure Code (KUHAP). The police pressed criminal charges against Duwitau for alleged violation of article 45A (2) in conjunction with article 28 (2) of Law No 19/2016 regarding changes of Law 11/2011 on Electronic Information and Transaction (ITE Law). The articles regulate the criminal offense of hate speech as well as damage of reputation and carry a maximum penalty of six years imprisonment.

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Constitutional Court rejects request to review law on formation of Irian Barat Province

On 12 April 2019, a group of Papuan civil society representatives, the Papuan Tabernacle Church (KINGMI Papua) and the Papuan Women Solidarity (SPP) officially registered an application for the annulment of certain sections in No. 12 of the year 1969 on the formation of the autonomy province Irian Barat (nowadays consisting of the provinces Papua and Papua Barat) to the Indonesian Constitutional Court. The applicants argued that those parts of the law referring to the implementation of the Act of Free Choice (PEPERA) contradict the human rights principles as stipulated in the 1945 Constitution of the Republic of Indonesia. The annulment of these sections would have a significant meaning for the people of Papua to rectify the history of Papua integration into the Republic of Indonesia.

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