IDN 050514
Torture in police custody/ Lack of proper investigation/ Intimidation/ Risk of impunity
The International Secretariat of the World Organization 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 torture of Mr. Alfares Kapisa and Mr. Yali Wenda, two students from Papua, 24 and 21 years old respectively, while participating in a demonstration at Cenderawasih University in Jayapura demanding the unconditional release of Papuan political prisoners and the opening of democratic space in Papua.
According to the information received, on 2 April 2014, the police arrested Mr. Yali Wenda, member of Student Solidarity for Political Prisoners, and Mr. Alfares Kapisa, field coordinator of the aforementioned demonstration. Mr. Yali Wenda and Mr. Alfares Kapisa had approached the police to negotiate after the demonstration had become tense. They were dragged into a Jayapura police crowd control truck, where they were forced to lie facedown while they were beaten with rifle buts, kicked with jackboots, and beaten with rattan sticks. Mr. Yali Wenda reported that his head was beaten repeatedly against the truck and that his toes were stamped on with jackboots. He also reported that when the police noticed that he had a small wound on his foot, they stamped on it. The police also reportedly administered electric shocks to the two men using electric stun batons. After around 1.5 hours in the truck, Mr. Yali Wenda and Mr. Alfares Kapisa were brought to the Jayapura police station.
According to the same information received, once at the police station, Mr. Yali Wenda and Mr. Alfares Kapisa were taken to the criminal investigation unit (Reserse Kriminal, reskrim) and put in a cell. Afterwards, the police called a doctor, who allegedly forced Mr. Kapisa and Mr. Wenda to hand over their jackets and clothes which were covered with blood. The police provided them with other clothes while their own ones were being washed clean. Then, the doctor cleaned the wounds and stitched up the ear of Mr. Wenda with three stitches without using any kind of anaesthetic, causing severe pain. It is believed that Mr. Alfares Kapisa and Mr. Yali Wenda were tortured to deter them from carrying out any further action critical to the government.
On 3 April 2014, between 8 and 11 a.m. the police investigator at Jayapura police station interrogated Mr. Alfares Kapisa and Mr. Yali Wenda. During the interrogation, the police reportedly falsified the investigation report stating, among others, that Mr. Alfares Kapisa and Mr. Yali Wenda had never been submitted to torture and that they had attacked the police at the demonstration. They were also forced to sign a statement that they would not carry out any other demonstrations. During their detention, the authorities denied Mr. Kapisa and Mr. Wenda their right to access a lawyer.
On 3 April 2014, at noon, Mr. Kapisa and Mr. Wenda were finally released and taken to Dian Harapan Hospital in Waena, in Jayapura. At the time of issuing this urgent appeal, Mr. Kapisa and Mr. Wenda were still receiving medical treatment.
OMCT is also concerned about information indicating that Mr. Yali Wenda has been intimidated on two occasions by police intelligence agents since his release.
The International Secretariat of OMCT expresses its deep concern about the safety and physical and psychological integrity of Mr. Alfares Kapisa and Mr. Yali Wenda, and urges the competent authorities to guarantee their safety at all times, as well as to ensure that they receive appropriate medical treatment and redress.
OMCT recalls that the authorities have to fulfil their obligations under international human rights law to protect the right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment and the right to liberty and security, to consider seriously any allegations of ill-treatment and arbitrary arrest, and to undertake a prompt, effective, thorough, independent and impartial investigation in this regard, in order to identify all those responsible, bring them to trial and apply adequate sanctions. OMCT also recalls that victims must be ensured the right to an effective remedy for the human rights violations suffered as well as the right to full redress, including compensation and rehabilitation.
OMCT also urges the Indonesian authorities to guarantee the rights to peaceful assembly and freedom of expression protected under the Indonesian constitution and international law.
Action requested
Please write to the authorities in Indonesia urging them to:
i. Guarantee, in all circumstances, the physical and psychological integrity of Mr. Alfares Kapisa and Mr. Yali Wenda;
ii. Carry out a prompt, effective, thorough, independent and impartial investigation into the allegations of torture and arbitrary detention, 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;
iii. Ensure that adequate, effective and prompt reparation including adequate compensation and rehabilitation is granted to Mr. Alfares Kapisa and Mr. Yali Wenda;
iv. 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 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, 5 May 2014
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