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Home » , , , , » NDONESIA: Army members stab indigenous Papuan to death following his complaint

NDONESIA: Army members stab indigenous Papuan to death following his complaint

Written By Voice Of Baptist Papua on June 21, 2011 | 10:26 PM

Urgent Appeal Case: AHRC-UAC-115-2011
ISSUES: Extrajudicial-killings, Impunity, Right to life, Military, Indigenous Peoples
Dear friends,

At least five members of the Indonesian national military killed an indigenous Papuan, Derek Adii on 14 May 2011 while he was boarding the Lalobar ship service, in Samabusa Nabire Port, West Papua. It is reported that the soldiers attacked and stabbed Mr. Adii to death after he had complained about the rough conduct by some TNI soldiers against women and children passengers. After the stabbing, Mr. Adii's body was thrown into the sea. The investigation in Nabire labeled the incident a self-defense encounter and claimed that the victim fell into the sea because he was drunk. The authorities held onto this claim despite numerous passengers giving eye-witness accounts of the incident. 

CASE NARRATIVE:
In the evening of 14 May 2011 in Nabire, Derek Adii (27) and his family were preparing to board the Labobar ship at Samabusa Nabire Port, in Paniai District, West Papua going to Manokwari. When he was boarding the ship, he saw the TNI pushing a woman with children, which resulted jostling at the ship. On seeing this Mr. Adii complained to the soldiers but his complaint was met with a violent attack by at least five members of the TNI. One of the alleged perpetrators, Hans Aru stabbed the victim with a combat knife and the victim died on the spot.

After the victim died the perpetrators threw his body overboard into the sea. The outraged family members and the other passengers stopped the ship from departing and made demands to the military. According to the agreement reached, the military district would cover the expenses for the delivery of the corpse to Manokwari.

The victim's family demanded a search and rescue team to search for the victim's corpse. Because, neither the team nor the Manokwari district police took any action, the victim's family decided that community members would have to search for the victim's body.

On 15 May 2011, around at 8.15 a.m. Derek's body was found at the same place. Furthermore, the victim's family and Biak community brought the dead body to the Nabire hospital since the police did not conduct an investigation and autopsy into the killing. Based on the death certificate number 474.3-RSU/23/V/2011 dated 15 May 2011 and medical report number 445/72/V/2011 dated 15 May 2011, issued by the Nabire hospital doctor Poralian Simanjuntak, physical wounds were on the body but the cause of the death could not be determined.

On 16 May 2011, at around 02.30 p.m, Derek's body arrived through military transport to the Rendani airport, in Manokwari, West Papua. About a hundred people awaited the corpse and subsequently carried it in a procession around the city of Manokwari accompanied by a peaceful demonstration.

The Nabire authorities stated that the victim was drunk and caused trouble and that the military maltreated him in self defence (in Indonesian: menganiaya untuk membela diri). The victim then slipped and fell into the sea, alleged the police. Responding to this claim, the victim's mother who accompanied the victim at the time of incident stated that Derek was clearly not drunk and that he generally does not drink. There were also eye witnesses who saw the attack against the victim. The security forces are currently examining the case, but no effective investigation has started.

ADDITIONAL INFORMATION:
Following this incident, protesters ran into the front entrance of the 1705 District Military Command (Kodim) base in Nabire on June 15, 2011 and broke windows. Yones Douw a senior human rights activist in Nabire, who rushed to the protest to monitor it, tried to calm the protesters but was severely injured himself. The father of Derek Adii, Damas Adii had attended the protest to demand accountability for the stabbing of his son. He and many others of the protesters were beaten and injured by the soldiers at the base. The local hospital refused treatment of Yones Douw without a letter from the police.

Members of the Indonesian national military based in Papua frequently commit violence including extrajudicial-killings against members of the Papuan indigenous community. As these events are in many cases covered up and no adequate punishment according to international norms is ever given to the perpetrators the military enjoys immunity against effective accountability mechanisms. The lack of remedies for victims in this environment aggravates social tensions, prolongs the conflict in West Papua and results in extreme forms of protest by the victimized communities.

SUGGESTED ACTION:
Please join us in writing to the authorities listed below asking for an immediate and impartial investigation into the killing and for the subsequent prosecution of the perpetrators. Accountability mechanisms have to be made effective in West Papua to avoid a further deterioration of the security situation.

The AHRC is writing a separate letter to the UN Special Rapporteur on extrajudicial, summary or arbitrary executions and the Special Rapporteur on the rights of indigenous peoples.

SAMPLE LETTER:

Dear ___________,

INDONESIA: Army members stab indigenous Papuan to death following his complaint

Name of victim: Derek Adii, (male, 27 years)
Names of alleged perpetrators:
1. Hans Aru, TNI member in Nabire, Paniai District, West Papua
2. At least four other in-charge TNI members at the Samabusa Nabire Port, Paniai District, West Papua.
Date of incident: 14 May 2011
Place of incident: Labobar ship at Samabusa Nabire Port, Paniai District, West Papua.

I am writing to voice my deep concern regarding the lack of an investigation into the attack and killing of Derek Adii on 14 May 2011 by at least five members of the Indonesia national military (TNI), at the Samabusa Nabire Port, Paniai District, West Papua.

According to the information I have received from the Asian Human Rights Commission, Derek Adii and his family were preparing to go to Manokwari with the Labobar ship at Samabusa Nabire Port, in Paniai DistrictWest Papua in the evening of 14 May 2011 in Nabire. When he was boarding the ship he saw army personnel pushing a woman with children, which resulted in jostling at the ship. When Mr. Adii complained his complaint was met with a violent attack by at least five members of the soldiers. According to several eyewitnesses, one of the alleged perpetrators, Mr. Hans Aru stabbed the victim with a combat knife and Mr. Adii died on the spot.

I am informed that after the victim was killed the alleged perpetrators threw the body into the sea. The killing the outraged the victim's family members present and the other present local community at the ship. The military agreed to transport the corpse to Manokwari but no police arrived to investigate the stabbing and recover the body from the sea.

I know that the authority's version of the events is that that the victim was drunk and made trouble, then the military maltreated him in the self defence. It is further alleged that the victim then slipped and fell into the sea causing his death.

Several witnesses gave consistently different statements, according to which the perpetrators attacked Mr. Adii without any offensive behavior from the victim. Moreover, although, the Nabire authorities are already handling this case, their investigation appears flawed and biased. The information available regarding this case is very concerning.

In light of the information stated above, I am of the opinion that the killing of Derek Adii did not occur in an encounter but may be an act of intimidation by the Indonesian national military amounting to an extra-judicial killing. I am further of the opinion that the authorities may have tried to cover up the case by tampering with the evidence.

I am therefore urging you to take immediate action in this case to prevent the criminal case from being withdrawn. An impartial and thorough criminal investigation must be conducted by an impartial and professional investigation team to cast light upon the circumstances of the killing. Immediate prosecutions must be initiated against any perpetrators. The victim's family must be provided adequate compensation.

I also urge you to ensure a speedy reform of the Indonesian military law to ensure a non-repetition and effective accountability mechanisms being applied to all TNI members.
Source link: http://www.humanrights.asia/news/

I am looking forward to your intervention in that case.

Yours sincerely,

----------------

PLEASE SEND YOUR LETTERS TO:

1. Mr. Susilo Bambang Yudhoyono
The President of Indonesia
Jl. Veteran No. 16
Jakarta Pusat
Indonesia

phone: +62 21 3863777, 3503088.
fax: +62 21 3442223

2. Military Commander in Chief
Mabes TNI, Cilangkap,
Jakarta 13870
Indonesia

Phone: +62 21 8459-1244, 8459-1243
fax: +62 21 845-6805

3. Head of Indonesian Police
Markas Besar Kepolisian Indonesia
Jl. Trunojoyo No. 3
Kebayoran Baru
South Jakarta 12110
Indonesia

phone: +62 21 3848537, 7260306, 7218010
fax: +62 21 7220669
email : info@polri.go.id

4. Head of Division of Profession and Security of Indonesian Police
Markas Besar Kepolisian Indonesia
Jl. Trunojoyo No. 3
Kebayoran Baru
South Jakarta 12110
Indonesia

phone: +62 21 3848537, 7260306, 7218010
fax: +62 21 7220669
email: info@polri.go.id

5. Head of Ombudsman of Indonesia
Jl. HR. Rasuna Said Kav C-19
Kuningan, South Jakarta
Indonesia

phone: +62 21 3510071
fax : +62 21 3510081

6. Head of National Commission on Human Rights of Indonesia
Jalan Latuharhary No.4-B,
Jakarta 10310
Indonesia

phone: +62 21 392 5227-30
fax: +62 21 392 5227
email : info@komnas.go.id


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
 
Document Type :
Urgent Appeal Case
Document ID :
AHRC-UAC-115-2011
Countries :
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