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Papuan Human Rights : Human Rights News

TORTURE in WEST PAPUA: Report by UN Special Rapporteur on torture Manfred Nowak
By FREE WEST PAPUA CAMPAIGN (UK)
Mar 21, 2008, 21:53

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FREE WEST PAPUA CAMPAIGN (UK)

TORTURE in WEST PAPUA: Report by UN Special Rapporteur on torture Manfred Nowak

On 7th March 2008, the UN Special Rapporteur on torture, Manfred Nowak, presented his report to the UN Human Rights Council in Geneva into the use of TORTURE by Indonesian security forces in Indonesia & West Papua.

Mr Nowak found that torture and other forms of inhuman & degrading treatment or punishment of prisoners is widespread and "At some police stations, e.g. in Poltabes Yogyakarta, Polres Wamena [West Papua] and Polres Jakarta East, severe beatings were ongoing as the Special Rapporteur conducted his visit."

The Special Rapportuer also particularly highlighted "the use of excessive force by [Indonesian] security forces"... "in particular in Papua" and called on the Government of Indonesia to "take all steps necessary to stop the use of excessive violence during police and military operations, above all in conflict areas such as Papua and Central Sulawesi". (See extracts below)

For the full report, see:

http://www2.ohchr.org/english/bodies/hrcouncil/docs/7session/A.HRC.7.3.Add.7AEV.doc

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39. The Special Rapporteur has received consistent allegations about the use of excessive force by security forces [2]. It is reported that in particular in Papua, mobile paramilitary police units (Brigade Mobil or Brimob) have routinely been engaging in largely indiscriminate village "sweeping" operations in search of alleged independence activists and their supporters, or raids on university boarding houses, using excessive force. Recently, allegations have been made about incidents in border areas, where the military is strengthening its presence. The Special Rapporteur considers that these consistent allegations from a number of credible sources, combined with the quasi-total impunity, are of serious concern. He notes that the heavy restrictions placed on travel within Papua restricts effective information flow, which is fundamental to the protection of human rights.

B. Recommendations

Excessive violence

86.The Special Rapporteur recalls that excessive violence during military and police actions can amount to cruel, inhuman or degrading treatment. The Government of Indonesia should take all steps necessary to stop the use of excessive violence during police and military operations, above all in conflict areas such as Papua and Central Sulawesi.
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Richard Samuelson
Free West Papua Campaign, Oxford, UK.
www.freewestpapua.org

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HUMAN RIGHTS COUNCIL
Seventh session
Agenda item 3

7 March 2008


PROMOTION AND PROTECTION OF ALL HUMAN RIGHTS,
CIVIL, POLITICAL, ECONOMIC, SOCIAL AND CULTURAL
RIGHTS, INCLUDING THE RIGHT TO DEVELOPMENT


Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Manfred Nowak

MISSION TO INDONESIA

WEST PAPUA Extract. For the full report, see

http://www2.ohchr.org/english/bodies/hrcouncil/docs/7session/A.HRC.7.3.Add.7AEV.doc

Introduction

1. The Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment of the Human Rights Council, Manfred Nowak, undertook a visit to Indonesia from 10 to 23 November 2007, at the invitation of the Government.

2. The purpose of the visit was twofold: to assess the situation of torture and ill-treatment in the country, and to offer assistance to the Government in its efforts to improve the administration of justice, including the police and prison sectors.

5. He visited prisons, police posts, military detention facilities and a social care centre in Jakarta, Central Java, Papua, Sulawesi and Bali

Papua:
- Abepura Prison
- Military detention facility in Abepura
- Wamena Prison
- Polres Jayawijaya, Wamena
- Polsek Wamena Kota, Wamena
- Wamena airport Polres
- Jayapura Polda
- Abepura Polsek
- Kurulu Polsek

6. The Special Rapporteur wishes to thank the Ministry for Foreign Affairs and other authorities for their cooperation. As with any anti-torture monitoring mechanism, the Special Rapporteur’s fact-finding is fully effective only if he enjoys unrestricted freedom of inquiry, including by conducting visits to places of detention without prior announcement and interviewing detainees in private. In this context, the Special Rapporteur regrets that the efforts of Government officials to monitor his movements throughout the country restricted his ability to carry out unannounced visits to places of detention. He further regrets that in a small number of instances (Police Headquarters Jakarta, Poltabes Yogyakarta, Military Prison Abepura), his unimpeded access to places of detention was compromised, including his ability to carry out private interviews with detainees, in contravention of his terms of reference. While overall access was by and large granted, such interferences carry the risk of distorting an objective assessment of the day-to-day practices in places of detention.

8. On 28 January 2008, a preliminary version of this report was sent to the Government. On 4 March 2008 the Government indicated that it will not provide any comments except for the Note Verbal to be found in appendix 2.

II. TORTURE AND ILL-TREATMENT

A. Torture and ill-treatment in places of detention

Penitentiary institutions
3. The Special Rapporteur found allegations and evidence of several cases of beatings by guards, often in relation to attempts to escape and violations of prison rules. In several prisons, such as Makassar, Pondok Bambu (Jakarta), the beatings appeared to take place publicly, in front of other detainees. Furthermore, allegations of beatings were voiced in the prisons of Wamena and Abepura (both Papua) as well as Cipinang (Jakarta) and Yogyakarta.. Whereas in Abepura, according to the prison director, one prison guard had been subjected to disciplinary sanctions in the recent past, in none of the cases a perpetrator was shown to have been brought to criminal justice.

Police custody

4. Contrasting with the situation in prisons, the Special Rapporteur received a considerable number of allegations of torture and ill-treatment perpetrated by the police, either during arrest or in custody. Reflecting the general heterogeneity of the country, abuses by the police appear to be more common in the densely populated cities, which are also plagued by urban crime and drug-related offences, rather than in the remote and rural areas. In light of the information received in private interviews with individuals who were or/and had been in police custody, the corroborating results of independent forensic medical examinations of injuries, he concludes that torture is routine practice in Jakarta and other metropolitan areas of Java, including Yogyakarta. The Special Rapporteur sees this assessment furthermore underpinned by the palpable level of fear among detainees, which, in those places resulted reluctance to talk to him. At some police stations, e.g. in Poltabes Yogyakarta, Polres Wamena and Polres Jakarta East, severe beatings were ongoing as the Special Rapporteur conducted his visit.

5. The types of abuse reported to the Special Rapporteur and corroborated by forensic medical analysis include beatings with fists, rattan or wooden sticks, chains, cables, iron bars and hammers, kicking with heavy boots, electrocution and shots into the legs. Some detainees alleged that heavy implements (chairs, desks, and car jacks) had been placed on their legs for a prolonged period of time. The injuries sustained in a vast number of cases remain without any treatment, putting the health of the detainee further at risk.


B. Conditions of detention

The Special Rapporteur would like to note some good practices as well. Article 4 of Law 12/1995 on Corrections requires staff to respect the human rights of inmates. The penitentiary system is based on the idea of reintegration [1], which was reflected in the relative openness of detention places (i.e. in most places prisoners spent much of the daytime outside of their cells and could receive visits of relatives and friends several times a week); keeping contact with the outside world is a major component of successful rehabilitation and reintegration of detainees and also an important potential safeguard against ill-treatment. This openness was particularly apparent in prisons in Papua, including for those charged with political offences.

35. The Special Rapporteur received several complaints about the quantity and quality of food. In many cases, detainees indicated that they received only one portion of very basic food for up to four persons. He was informed that some detainees, once they were transferred to the authority of the prosecutor, stopped receiving food altogether, even though they remained in police custody. The officer in charge at Polres Abepura admitted that if the prosecutor did not provide the funds for buying food for the detainees, they were not provided any.

C. Excessive violence during police and military operations

39. The Special Rapporteur has received consistent allegations about the use of excessive force by security forces [2]. It is reported that in particular in Papua, mobile paramilitary police units (Brigade Mobil or Brimob) have routinely been engaging in largely indiscriminate village "sweeping" operations in search of alleged independence activists and their supporters, or raids on university boarding houses, using excessive force. Recently, allegations have been made about incidents in border areas, where the military is strengthening its presence. The Special Rapporteur considers that these consistent allegations from a number of credible sources, combined with the quasi-total impunity, are of serious concern. He notes that the heavy restrictions placed on travel within Papua restricts effective information flow, which is fundamental to the protection of human rights.

IV. CONCLUSIONS AND RECOMMENDATIONS


B. Recommendations

Excessive violence

86.The Special Rapporteur recalls that excessive violence during military and police actions can amount to cruel, inhuman or degrading treatment. The Government of Indonesia should take all steps necessary to stop the use of excessive violence during police and military operations, above all in conflict areas such as Papua and Central Sulawesi.

Appendix I

PLACES OF DETENTION - INDIVIDUAL CASES
ABEPURA PRISON (PAPUA)
(Visited on 15 November 2007)

1. The Special Rapporteur was received by Lieutenant Colonel Yarangga and by several journalists despite the fact that this was an unannounced visit. The prison has a capacity of 230 detainees. On the day of the visit 277 persons were being held at the prison, out of whom 10 were women (2 convicted and 8 pre-trial). 111 of the male detainees were convicted, 106 were in pre-trial detention. In addition, 50 detainees normally in the drug section, which was under renovation, were held there. Cells were open from 6 a.m. until 1.30 p.m. and from 3 p.m. to 5.30 p.m. All male detainees, including minors, could intermingle in the courtyard during the day. There were two punishment cells where persons could be held for up to six days. Five prisoners were convicted of treason: Filep Karma, Yusak Pakage as well as Gustaf Ayomi, Jean Hesegem and Herry Ass, all three from Makassar.

2. Nurses were present all day at the prison and a doctor visits every Friday. Two deaths in custody were reported in the last two years, one from TB (he was released just before) and one from an overdose. Five detainees are reportedly infected with HIV.

3. The Director of the Prison informs the Special Rapporteur that in the beginning of November 2007, Dance Ibo, a detainee, told his family about beatings by an officer named Kris Wamuar. The family complained to the prison director, who questioned the officer. The latter admitted to the beatings and was suspended from his position, but is still serving elsewhere in the prison.

4. On 15 November 2007 it was reported to the director that a convict had beaten a pre-trial detainee.

5. According to the prisoners, there used to be regular beatings of new arrivals. However the current director stopped this practice. It was reported that a former prisoner from Papua New Guinea attempted to escape three months earlier. After his re-arrest he was so heavily beaten that his leg broke; he was not taken to a hospital. Many detainees and prisoners complained about the food, which consisted mainly of dry rice. In general, the Special Rapporteur was positively impressed by the liberal spirit in the prison.

6. Gananathan Thusyantham, aged 35, a Dutch citizen born in Sri Lanka, was arrested on 10 March 2007 by security personnel in a bank in Jayapura, suspected of forgery, and held by the local police for 50 days in a small and overcrowded cell with 25 detainees. The food was of bad quality so that he had to buy his own food. Also, it was very hot in the cell and there was not enough water. After 50 days he was taken to the High Court but no hearing took place. He was represented by a lawyer.

7. Filep Karma, a well-known political activist, was beaten with rattan sticks on his head during his arrest; then he was put in a truck and some police officers were standing on his back (main perpetrator: Vice Commander of the Police Robert Washington). He was interrogated day and night at the local police office in Abepura. Starting from 27 December 2004 he was in pre-trial detention at Abepura Prison. Overall, the prison conditions were acceptable but many officers used to get drunk and then beat up detainees. He often complained to the prison authorities about the treatment and ill-treatment of others and was therefore repeatedly beaten up by the guards Abraham Fingkrew and Kristomos Wamuar.

8. Yusak Pakage, another well-known political activist, was arrested by the police at his house on 1 December 2004. In 2006 he reportedly received threats from the National Police in Jakarta. On 18 August 2006, the Mobile Police reportedly killed his family. On 1 July 2007, one of the guards, Abraham Fingkrew, broke the lock of his cell and took him to his office, together with Cosmos and Simpson. On 3 July 2007 he was taken to several police stations in Jayapura (city police, mobile brigade, and military police) in preparation of a transfer to another prison. Refusing the transfer, he went on hunger strike and the chief of police, on 5 July 2007, ordered his transfer back to Abepura Prison. Due to his weak health he asked for medical examinations outside the prison, but the request was turned down. On 19 July 2007 he was taken to the prosecutor’s office, where he was forced to sign a letter. He also reported that his brother was shot in the leg (see Polsek Abepura).

9. Selpins Bobii, from East Timor, was arrested by the city police of Abepura on 16 March 2006 by four officers. When he was thrown into a truck, he lost his glasses. Then he was taken to the police station. He was beaten with fists and boots until he fainted. On the next day he was taken to the provincial police, where he stayed for two weeks, during which the officers poured hot water on him, beat him with an iron bar, wooden and rattan sticks, and subjected him to electric shocks with a black electroshock device.

10. Hendra Ruver, aged 27, was taken to Abepura Prison on 24 August 2004. He had asked permission from the officer to go outside the prison for one day to meet his family, but then stayed outside for one year and nine months because he was afraid to return to the prison. When he finally returned on 13 September 2007, he was severely beaten with fists and sticks by prison guards Hutabarat and Iriantopakombong. His parents complained to the director of the prison. He had already been beaten in September 2005 on his legs with iron sticks.

11. Luis Tuti, aged 26, from Papua Sarwi, had been detained in the prison since January 2006. In January 2007 he escaped. In March 2007 he had a motorcycle accident and sustained a serious injury on his right food. In April 2007, Luis Tuti was re-arrested by the police and taken to Polres Jayapura where was kept for three days. The first days he was beaten by the officer Eli Awi. Then he was transferred to Abepura Prison. On 13 May 2007, he was assaulted by a prison guard and subsequently detained for one month in solitary confinement. During that time, he was not allowed to have visits from outside the prison; however other inmates could visit him. The wound on his foot was still infected and he had difficulties to walk. According to the forensic expert, he is in need of medical treatment.

12. Heri Asso, Gustaf Ayomi and Jean Hasegem had been arrested in Wamena in 2003. During the interrogation of Gustaf Ayomi in an office of the criminal investigation department at Polres Jayawijaya, Wamena, officers put a leg of a chair on his thigh and sat on the chair. While experiencing severe pain, Ayomi was forced to keep the upper part of his body in a stressful upright position. Additionally, he was beaten with a stick all over his body, but particularly on his head. The ill-treatment lasted for an entire week, after which he was put into a small cell. He was not able to stand or walk for an entire week. Hasegem was interrogated separately by different officers at Polres Jayawijaya, Wamena. During the interrogation he was kicked and punched while being tied to a chair. His interrogation also lasted for about one week. Afterwards he was locked up in a small cell with eight other detainees. Asso was injured during the arrest and had to spend one week in hospital. Afterwards, he was transferred to Polres Wamena as well.

13. During their trial proceedings before Wamena District Court, the group was represented by a State-appointed lawyer, who did not properly defend them. After the verdict, they were sent to Wamena prison. On 15 December 2004, a prison guard approached the group after lunch and invited them to a surprise Christmas party. They were taken to an office which members of the mobile police force entered to take the group, against their will, to the airport in order to transport them to Makassar prison. Their lawyers, families and friends had not been informed of the transfer. During the flight they were handcuffed. When they arrived at Makassar airport, officers chased them out of the plane by kicking them with their boots and hitting them with the butts of their rifles. Some of the detainees started bleeding. They had no complaints regarding Makassar prison. They received good vocational training. More than two years later, on 27 March 2007, Heri Asso, Gustaf Ayomi and Jean Hasegem were transferred from Makassar to Abepura. During the flight, they were again handcuffed; their feet were fixed with expanders and swelled up so that they were unable to stand or walk after the flight. Upon the Special Rapporteur’s visit on 16 November the group was detained in building 17 of Abepura prison. They said that on 1 July 2007 members of the mobile police, the city police and the military police transported them to the main police station in Jayapura, supposedly in an attempt to forward them to another prison outside of Papua. They were kept in custody together with Mr. Cosmos and Mr. Simpson until 5 July. On the third day, the group started a hunger strike, following which the head of Polsek sent them back to the prison in Abepura. Due to their weak health the detainees asked for medical examinations outside the prison, but their request was turned down. On 19 July 2007 they were again picked up by the police this time by truck, and transported to the office of the prosecutor. The detainees emphasized that the transport was a terrifying experience, due to the speed and style of driving. At the office, they were forced to sign a document. As for the conditions of detention, the group reports that some guards regularly get drunk and enter the detainees’ cell in order to extract money. All three voiced concern regarding the safety of their families, who had been repeatedly threatened in the past.

14. Women’s wing: Ten women (eight of which are convicts) were detained in three different cells. Overall the conditions were acceptable; the cells were clean and the women were allowed to use mobile phones and had access to additional food, coffee, etc. Most of the women had mattresses which they brought from outside. Disciplinary measures for persons who violated the rules were detention in solitary confinement for up to eight days and restriction of visits. Nine women and four babies were present. The babies were allowed to stay with their mothers up to two years, but needed to be fed by the families. The women reported that often there was not enough water. In principle, the families were allowed to visit them at any time, but most often one had to pay the officer on duty to be allowed to do so. Women are allowed to go out of the prison for one day, if they pay the guards. There were seven female officers.

15. Female detainee, was arrested in September 2007 by one of her relatives, who shouted at her and handcuffed her. He then took her to Polsek and the prosecutor immediately signed her transfer to the prison.

16. Ms. Sunarti, aged 42, from Makassar, was convicted to seven months in prison for gambling. She was arrested by six policemen on 14 March 2007. She was transferred to Polsek, where she stayed for one week, after which she was released because of her baby. On 8 May 2007 she was taken to the prison. She reported that some weeks ago when she asked an officer whether she could go home, she was insulted and beaten in front of her husband. When they tried to file a complaint, instead of launching an investigation, the police asked for documents that could prove their allegations.

17. Minor’s cell: Four boys were detained in the cell; one of them aged 14, the others 17 and 18; all of them were very hesitant to speak to the Special Rapporteur. One of them had bad pain in his stomach. Although the nurse had given him medicine, his situation had not improved. He had not seen a doctor. According to the forensic doctor, he was in need of medical examination and treatment.

18. Salmon, aged 18, from Papua. He was arrested at the seaport of Jayapura by two policemen (KP3 LAUT). They had beaten him with their hands in his face during the arrest. He was held at the police station for 28 days, but not ill-treated any more. However, he was subjected to threats.

MILITARY PRISON ABEPURA (PAPUA)
(Visited on 15 November 2007)

19. Since the chief of the Military Detention Facility, 1st Lieutenant Yaman, was absent the Special Rapporteur interacted with the officer in charge, Colonel Marcus Paya, Commander of the Military Police. The day of the visit, 13 persons were detained in the facility, 6 men were held in the punishment cells. All of them were sentenced by the Military Court in Jayapura. for charges such as “indecency” or deserting. The longest sentence was 18 months, the lowest 8 months. The Special Rapporteur had to make several phone calls until he was granted access. But in violation of the terms of reference of the Special Rapporteur, Colonel Paya restricted the possibility of the Special Rapporteur to interview detainees in private. As a consequence, most detainees did not wish to speak to the Special Rapporteur. Others preferred to talk about their cases rather than about their treatment during detention.

20. The Special Rapporteur notes with strong regret that this facility had not been mentioned on the list of military prisons provided by the authorities in Jakarta.

WAMENA PRISON (PAPUA)
(Visited on 16 November 2007)

21. The Special Rapporteur was received by the Director of the prison, Mr. Hendro Sekaryan. The total capacity of the institution is 114. On the day of the visit, the prison counted 111 detainees; 58 of them were convicts and 53 pre-trial detainees. Six of the latter were women. Two children (one boy and one girl) were staying respectively with their father and mother in the prison. Women are detained separately, but have to use the same courtyard as men when they want to leave their cell. The conditions in the prison are generally good.

22. The cell for newcomers is completely dark and hot and lacks ventilation. In principal, every new arrival is detained in this cell for three days and nights; however the length of detention in this cell seemed to be handled liberally. In addition, the Special Rapporteur received some reports that newcomers have to do push-ups, squats and other exercises in front of the other prisoners as a “welcome ceremony”. Some prisoners were reportedly beaten. Violation of the prison rules by detainees (e.g. attempts to escape and late return from their “errands”) was sometimes punished by beatings and several weeks in the newcomer’s cell, which amounts to inhuman and degrading treatment. The guard Herman Matuan was known for beating the detainees when he was drunk. Many prisoners complained about the quality of the food.

23. The medical unit had no equipment due to lack of funds. There was one mentally ill prisoner, whom the director would like to transfer to a psychiatric hospital. No death in detention had been reported in the last two years.

24. Prisoner, aged 31. His five-year-old boy stays with him in prison. He had to stay in the “welcome cell” for two days upon his arrival, which he perceived “as if he could not survive”.

25. Prisoner, aged 25, was arrested together with friends on 3 September 2007 in Wamena by nine officers from the Criminal Investigation Department (CID) and subsequently taken to Polres, where they stayed for 15 days. Upon arrival at the Polres, he and his friends were slapped by the previous head of the CID, Alex Bleskadit, in his room. One of his friends was reportedly beaten so strongly that his ear started bleeding. He informed the Special Rapporteur that due to the high number of new arrivals (20 persons) at the prison, he and his friends were not detained in the newcomers’ cell. He had no complaints about the conditions in prison; the prisoners are allowed to play football, listen to music etc.

26. Meki Elopere, aged 20, was beaten in Polres with an iron bar.


POLRES JAYAWIJAYA, WAMENA (PAPUA)
(Visited on 16 and 17 November 2007)

27. The Special Rapporteur was received by the chief of police, Marolop Manik, and the chief of CID, Mr Erlangga (the latter had served at Polres Jayawijaya only for one week). The detention facility, located at the entry post, consists of two small cells (175x175 cm). The day of the visit, there were five detainees dressed in new uniforms which they had received that same morning. They had been informed beforehand about the visit of the Special Rapporteur.

28. Fermenas Kogoya, aged 37, had wounds in his face and reported that he had been beaten by the family of a girl who alleged that he had raped her on 14 November 2007. The police had taken him to the hospital first and then to the police station.

29. Beremius Wanimbo, aged 20, from Digimie Village, was arrested a few hours prior to the visit of the Special Rapporteur by members of the police pursuant to allegations of having raped a 13-year-old girl the night before and was subsequently taken to the Polres. There, he was confronted with the family of the rape victim, including the girl herself and a tribal chief. The police officers and the family proposed Mr. Wanimbo to solve the issue in a traditional, amicable way, meaning that he would be able to leave for an apology and the payment of 500,000 IDR (about 50$US) to the family. When Mr. Wanimbo denied any wrongdoing, the officers stripped him to the waist and started to beat and kick him. Mr. Wanimbu was punched several times in the face and the chest. At one point also the chief of the family gave him a strong blow on his face. The beating stopped when the Special Rapporteur arrived at the Polres. Mr. Wanimbo was about to put on his clothes when the Special Rapporteur entered the room. During the interview he was crying and shaking, and his allegations were corroborated by forensic evidence. The officer mainly responsible for the beatings was Erwin Banamasa, who admitted to it in front of the Special Rapporteur, the Chief of CID and the chief of police.

30. Subsequently the Special Rapporteur accompanied Mr. Wanimbu to the local hospital (Unit Gawat Darurat) in order to ensure that first aid would be provided and the medical evidence recorded. The doctor in charge, Dr. Prapti Dewi Suhirman, reported that the police came frequently to demand medical reports on injured detainees, but these documents were made available only to the police and not to the victim. Mr. Wanimbo received treatment at the hospital, but was later handed back to the officers of the Public Service Post, where he had been tortured earlier.

31. The Special Rapporteur returned to the Polres on 17 November, in order to follow up. He was informed and shown documents indicating that disciplinary investigations were conducted by the Department for internal investigations, PROVOS, and concluded in the course of 16 November. The officers Erwin Banamasa, Maxon Yappo, Hermanus Karubaba and Nikolas Nelson Yerisetouw received a written warning and 21 days of disciplinary detention. Erwin Banamasa, who was the highest ranking officer, was additionally excluded from any training for one year. The criminal investigations based on article 352 (ill-treatment) were still ongoing. Banamasa complained to the Special Rapporteur that the ill-treatment of Wanimbo was a “light case”, and that the proceedings against him were “exaggerated”.

32. Mr. Hermamante, aged 31, from Timin, had been detained at the Polres for 16 days and indicated that a week earlier the cells had been overcrowded with up to 32 persons in the facility.

33. The Special Rapporteur trusts that the criminal investigation in relation to the abuse of Beremius Wanimbo will be conducted in an impartial and independent manner and be concluded without further delay. He wishes to be informed about the outcome of the criminal investigation.

POLSEK KP 3, AIRPORT WAMENA (PAPUA)
(Visited on 16 November 2007)

34. The Special Rapporteur was received by the Chief of the Polsek, Jantje-Berhitu (Bripka). The facility consisted of three cells. On the day of the visit, the five detainees present were dressed in new uniforms which they had received the same morning, reportedly because of the visit of the Special Rapporteur. The detainees also indicated that they had received better food than usually. No complaint related to ill-treatment was made. A journalist in detention complained that he had no right to appeal his detention to a court.

35. Chanri Suripati, aged 30, journalist, was arrested on 9 November 2007. He complained that he could not obtain a postponement of the detention.

36. Detainee, arrested by the police on 5 November 2007, was taken to Polres and interrogated by CID. He made no allegations of ill-treatment.

POLSEK KURULU (PAPUA)
(Visited on 17 November 2007)

37. The Special Rapporteur was received by Marsel Mebel (Kapolsek) and Syarifudih (Brigpol). The detention facility consisted of two cells which were empty at the time of the Special Rapporteur’s visit. Generally, the officers explained that they tried to solve cases through community-based mediation and policing (Forum Kemitraan Polisi Masyarakat). No register was kept, but the officers maintained that the detention cells had not been used since August 2007 and that all detainees were being transferred immediately to Wamena. However, according to several graffiti and carvings on the walls of the cells, several persons had been detained for several days in this detention facility. The graffiti mentioned “suffering” and lack of food. One scribble apparently originated from a person held on 9 November 2007, which was in contradiction with the information provided by the officers. When confronted with the graffiti, Mr. Mebel explained that drunk persons were frequently kept in the cells for their own safety. However, since these persons were not considered “detainees” they were not noted in the register.

POLSEK “HOM HOM”, WAMENA KOTA (PAPUA)
(Visited on 17 November 2007)

38. The Special Rapporteur was received by First Inspector Mr. Hajeri. The cells were empty. Mr. Hajeri explained that since the cells were not sufficiently clean, detainees had been transferred to Polres Jayawijaya, Wamena, for the preceding six months. The register of detainees, which included a number of inconsistencies, indicated that the last person had been detained there in May 2007. However, graffiti in the cells indicated that persons were locked up in the cells in June and July 2007. Confronted with this, Mr. Hajeri explained that drunk persons would be detained for one day or one night and that they were not considered as detainees. The alleged corresponding register however only contained the date of the arrest and did not include any information on the date of release, undermining safeguards against ill-treatment.

POLSEK ABEPURA (PAPUA)
(Visited on 17 November 2007)

39. The Special Rapporteur was able to enter the detention facility only after a considerable period of waiting and discussions, but was finally received by Bominus Rumaropen (head of the Polsek). There were 11 detainees, two of whom were hidden in a separate interrogation room behind locked doors. The Special Rapporteur could only talk to them after insisting that the doors be opened. The youngest detainee was 13 years old. The facility consisted of three very dark cells (about 2m x8 m) lit by a lamp and little natural light coming in through small holes in the wall. The detainees had to sleep on mattresses they brought from home.

40. The Special Rapporteur met a detainee he had interviewed in Polres Wamena (see above): Fermenas Kogoya, who repeated his earlier story and reported that no violence was used against him. He was worried that in Abepura he would receive no food since his family was in Wamena and therefore not able to bring him food.

41. Yusus Jamera, aged 22, from Jayapura, was arrested in Abepura on 16 October 2007 by his uncle who works in a detention house. He was then transferred to Polsek on the same day. During interrogation he was reportedly beaten with hands and wooden and iron sticks, on the lower back and the head, by an officer called Samalu until he confessed. Since then he had not experienced any more violence, but he complained about the insufficient quantity of food and water and explained that two or three detainees have to share one meal.

42. The two detainees who were hidden from the Special Rapporteur were convicted prisoners who were sent back from Abepura Prison to this police station for reasons which remain unclear. The police chief indicated that he had already tried to send them back. One of the detainees was the brother of Yusak Pakage, who was sentenced for the murder of a policeman during the riots of 15 March 2006 to 15 years’ imprisonment (and was interviewed by the Special Rapporteur in Wamena prison; see above). He informed the Special Rapporteur that he was arrested one day after these riots and, since he did not confess, was shot in the leg at short range.

43. Habel Gombo, aged 20, from Dock 5 in Jayapura, was arrested on 6 November 2007. He was caught by the public after he tried to rob a lady at the market in Abepura and was subsequently taken to the police post at the market. Upon arrival there, three police officers punched him in the face and the upper body and beat him with a rubber stick on his head and back. In the course of the beatings his left cheek started bleeding. The robbed woman was present all the time of the beating and shouted insults. The injury on this cheek was examined by the Special Rapporteur’s forensic expert who concluded that the wound corroborated Mr. Gombo’s statement. On the same day Mr. Gombo was transferred to Polsek Abepura. Once he arrived there, three police officers, among them the commander on duty, jumped on his feet with their heavy combat boots. Mr. Gombo had not been interrogated and he did not know for how long he would have to stay at the Polsek or whether or when his case would be forwarded to the prosecutor.

POLDA JAYAPURA (PAPUA)
(Visited on 17 November 2007)

44. The Special Rapporteur was received by the Deputy Chief of the Criminal Investigation Department, Piet Waine, and the Chief of the Unit on Special Crime in CID, Irianto John. 13 detainees were in the cells when the Special Rapporteur arrived. Some walls had been painted and the whole facility cleaned prior to the visit of the Special Rapporteur. Several of the detainees mentioned that they did not receive any food because they were under the authority of the prosecutor. The management explained that as soon as the detention of a person was authorized by the prosecutor, the responsibility to provide food or at least to reimburse the police station shifted to the prosecutor. Since the prosecutor had not paid, the detainees under the authority of the prosecutor did not receive food. The Special Rapporteur asked the management that one prisoner who was guarded by the police station on behalf of Abepura Prison should immediately be transferred back.

45. In the women’s cell, there were six women and one 14-year-old boy who was exceptionally allowed to stay with his mother. All detained women had children. The women were detained in late August 2007 in two separate cases. They were allowed to leave the cell once a week. Since there was no toilet in the cell they had to call the guards when they wanted to relieve themselves. In general, this worked well, but sometimes the guards did not come to open the doors immediately, which meant that the women had to use plastic containers. They were allowed to receive visitors. One woman complained about headaches and, according to the doctor, received appropriate treatment.

46. Four women were detainees under police authority; they were interrogated after their arrest on 29 and 30 August 2007 and reported that no violence had been used. They had not seen a judge and were not informed about any developments of their case. They had attempted to be released on bail in order to be able to look after their children, but were not successful.

47. The remaining two women (detainees under the prosecutor’s authority) were charged with drug related crimes. They reported that they had been beaten and slapped during their arrest for one hour by the police to extract confessions and information about the drug providers (which they refused to report to the police). They reportedly sustained bruises on arms and some scars, which were not visible any more. They complained that since they were detained under the prosecutor’s authority, they were not provided with food.

48. Detainee, charged with drug related crimes, complained about threats and beatings during detention.

49. Detainee, complained about being forced to jump and squat in front of others, which he perceived as being humiliating.

50. Detainee, aged 40, accused of a drug crime, was arrested on 27 August 2007 by seven drug police officers under the command of Iptu Alawah in his room in Jayapura. Upon his arrest he was handcuffed, forced to sit and beaten and kicked by them. They reportedly also stepped on his body and legs. He further complained about the lack of food.

51. Mr. Muslimin, aged 35, from Ujune Pandane, was arrested on allegations of selling alcohol and violating health provisions. Members of the police entered his house on the evening of 29 August 2007 and collected his driving licence. Subsequently, the police searched his house without having presented a warrant and demolished most of his furniture. Mr. Muslimin, together with another man and six women from his neighbourhood, was taken to the Polda, where he was interrogated for the first and only time. Since then, he had not been interviewed by an officer and his case had not been processed. A request for a release on bail had been denied. Mr. Muslimin experienced the unclear status of his case as “mental torture” since he had been in detention for three months without knowing what would happen next.

52. Sabar Olif Iwanggin, aged 34, from Asal, human rights lawyer by profession, was arrested on 18 October 2007 on charges of distributing a text message via his cell phone defaming the President of the Republic. During a meeting with Aloysius Renwarin, some 30 officers of the anti-terrorism unit Detachment 88, the criminal investigation police of POLDA and the Anti-Terror Special Force Unit of the National Police surrounded the building and arrested Sabar Olif. He was taken to Polda where he was interrogated from 3.30 p.m. until 5 a.m. the next morning by Polda officers. During the interrogation water was served; however, he felt extremely tired and depressed. On 20 October, at 10 a.m., the interrogation continued, this time conducted by officers of Detachment 88 who questioned him on his relation with the Free Papua Movement, OPM, and his involvement in the Abepura case as a human rights lawyer. Mr. Olif had no complaints about any ill-treatment; however, he was not allowed to meet with his lawyer and too tired to sign his own statement. On 26 October, Sabar Olif was transferred to Jakarta on a commercial flight during which he was not handcuffed. The transfer to Jakarta had not been announced, neither he nor his lawyer were informed in advance. He was in detention in Jakarta police headquarters from 27 October to 11 November, where he was interrogated two times. Sabar Olif’s main concern was that he had no idea of how long he would remain in detention. His case had not yet been forwarded to the prosecutor and his detention had been prolonged repeatedly. Sabar Olif perceived his treatment as discriminatory and related to his engagement as a human rights lawyer.



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