IDN 091213
Arbitrary detention/ Torture in police custody/ Lack of medical treatment/ Poor health/ Fear for safety/ Risk of impunity
The International Secretariat of the World Organisation Against Torture (OMCT) requests your URGENT intervention in the following situation in Indonesia.
The International Secretariat of OMCT has been informed by TAPOL, a member organisation of OMCT SOS-Torture Network, about the arbitrary detention and ill-treatment of Mr. Yohanes Boseren a 20-year-old man. OMCT has also been informed about his poor health resulting from the ill-treatment he suffered under arrest and the lack of adequate medical treatment.
According to the information received, on 1 May 2013 Mr. Yohanes Boseren was arrested with five other men, Oktovianus Warnares, Yoseph Arwakon, Markus Sawias, George Syors Simyapen and Jantje Wamaer during a peaceful flag-raising ceremony in Biak to commemorate the 50th anniversary of the administrative transfer of Papua to Indonesia in 1963. They were detained in Biak prison facing charges of treason under Article 106[1] of the Indonesian Criminal Code and possession of ammunitions and explosives under the Emergency Law 12/1951. Local reports indicate that the police fabricated evidence consisting of bullets and home-made bombs in order to charge them with these crimes.
According to the same information received, Mr. Yohanes Boseren was severely beaten under arrest causing him a traumatic head injury. On 14 November 2013, Mr. Yohanes Boseren was brought to Abepura Mental Health Hospital, where he was diagnosed with post-traumatic stress disorder and a form of organic mental disorder due to the beatings he had suffered during his arrest. However, he was returned to Biak prison two days later.
Mr. Yohanes Boseren’s trial has been temporarly suspended due to his condition. The Public Prosecutor reportedly stated during the hearing that they would coordinate between the prison authorities and doctors at Abepura Mental Health Hospital to provide medial supplies for Mr. Yohanes Borseren. His lawyers have submitted an appeal for consideration, reasoning that Mr. Borseren should be released from prison and given treatment at Abepura Mental Health Hospital due to the limited medical facilities in Biak prison to which the judge reportedly agreed. However, at the moment of issuing this urgent appeal, Mr. Yohanes Boseren was still detained in Biak prison.
The International Secretariat of OMCT expresses its deep concern about the safety and physical and psychological integrity of Mr. Yohanes Boseren and urges the competent authorities to guarantee his safety at all times by immediately transferring him to Abepura Mental Health Hospital where he can receive adequate medical care.
OMCT recalls that Indonesia is legally bound to effectively ensure the physical and psychological integrity of all persons deprived of liberty in accordance with international human rights law, and in particular the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the International Covenant on Civil and Political Rights and the UN Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment.
Furthermore, OMCT urges the competent authorities to carry out a prompt, effective, thorough, independent and impartial investigation into the allegations of ill-treatment and arbitrary arrest, in accordance with international human rights standards, the result of which must be made public, in order to bring those responsible before a competent, independent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law.
OMCT also urges the Indonesian authorities to amend the Indonesian Criminal Code to ensure that no one is prosecuted for treason for exercising their rights to peaceful assembly and freedom of expression protected under the Indonesian constitution and international law.
In this regard, OMCT recalls the concluding observations formulated to Indonesia by the UN Human Rights Committee in 2013, notably the following one:
“In line with the Committee’s general comment No. 34, the State party should take the necessary steps to ensure that any restrictions to the freedom of expression comply fully with the strict requirements of article 19, paragraph 3, of the Covenant, as further clarified in general comment No. 34. The State party should ensure the enjoyment by all of the freedom of peaceful assembly and protect protesters from harassment, intimidation and violence. The State party should consistently investigate such cases and prosecute those responsible.”(CCPR/C/IDN/CO/1 para 28)
Action requested
Please write to the authorities in Indonesia urging them to:
i. Guarantee, in all circumstances, the physical and psychological integrity of Mr. Yohanes Boseren as well as of Mr. Oktavianus Warnares, Mr. Yoseph Arwakon, Mr. Markus Sawias, Mr. George Syors Simyapen and Mr. Jantje Wamaer;
ii. Order the immediate transfer of Mr. Yohanes Boseren to a public hospital with adequate medical care;
iii. Order their immediate release since their arrests appear to be solely based on the peaceful exercise of their rights to freedom of expression and peaceful assembly;
iv. Carry out a prompt, effective, thorough, independent and impartial investigation into the allegations of torture, in accordance with international human rights standards, the result of which must be made public, in orderto bring those responsible before a competent, independent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law;
v. Ensure that adequate, effective and prompt reparation, including adequate compensation and rehabilitation, is granted to Mr. Yohanes Boseren;
vi. Ensure the respect of human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards, in particular ensure that all acts of torture and cruel, inhuman and degrading treatment and punishment are clearly defined in law as offences in accordance with the provisions set out in Articles 1, 4 and 16 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and that they be made punishable with appropriate penalties which take into account the grave nature of the crimes as required.
Addresses
Ø Mr. Susilo Bambang Yudhoyono, President of Republic of Indonesia, Jl. Veteran No. 16, Jakarta Pusat, INDONESIA, Tel: +62 21 386 3777, 350 3088. , Fax: + 62 21 344 2223, 3483 4759, E-mail: presiden@ri.go.id
Ø Pengadilan Negeri Biak, Biak State Court, JI. Majapahit No. 1, Biak 98117, Papua, Indonesia Tel +62 (0) 981 21847, Fax +62 (0) 981 21958
Ø Kejaksaan Negeri Biak, Biak State Prosecutor Jl. Sisingamangaraja, Biak, Papua, Indonesia, Tel +62 (0) 981 21079
Ø Lembaga Pemasyarakatan Biak, Biak Prison Jl Condronegoro Samofa, Biak, Tel +62 (0) 981 25715
Ø Mr. Amir Syamsuddin, Minister for Justice and Human Rights, Jl. H.R. Rasuna Said Kav No. 4-5 Kuningan Jakarta Selatan 12950, Indonesia, Tel +62 (0) 21 5252975, Fax +62 (0) 21 5252975
Ø Ketua Mahkamah Agung, Chair of the High Court Republik Indonesia Jl. Medan Merdeka Utara No. 9-13 Tromol pos No. 1020 Jakarta 10010
Ø Ketua Komisi Judisial Republik Indonesia di Jakarta, Chair of the Judicial Commission, Jl. Abdul Muis No. 8 Gedung ITC Lantai 5 Jakarta Pusat, Po Box 2685, Tel +62 (0) 21 3865661 Fax +62 (0) 21 3863147
Ø Ketua Pengadilan Tinggi Jayapura, Chair of the Jayapura High Court Jl. Tanjung Ria No. 98 Base “G” Jayapura 99117 Tel +62 (0) 967 541045 / 541443
Ø Kepala Kejaksaan Tinggi Papua di Jayapura, Head of the Papua High Prosecutor’s Office Jl. Anggrek No.6 Tanjung Ria Jayapura Tel +62 (0) 967 542764 / 541130
Ø Kepala Kantor Wilayah Kementrian Hukum dan HAM Propinsi Papua di Jayapura, Regional Office for the Ministry of Justice and Human Rights, Papua province Jln. Raya Abepura No. 37, Kotaraja, Jayapura, Fax:+62 (0) 967 586112
Ø H. E. Mr. Triyono Wibowo, Ambassador Extraordinary and Plenipotentiary, Permanent Representative, Permanent Mission of Indonesia to the UN Office in Geneva, Rue de Saint-Jean 16, 1203 Geneva, Tel: +41 22 338 33 50 , Fax: +41 22 345 57 33 , Email: mission.indonesia@ties.itu.int
Please also write to the embassies of Indonesia in your respective country.
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Geneva, 9 December 2013
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
[1] Article 106 comprises vague terms enabling the authorities to sentence persons to life imprisonment - a maximum of twenty years imprisonment - for any attempts undertaken with the intent of bringing the territory of the state wholly or partially under foreign domination or to separate parts thereof.
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