ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME
Urgent Appeal Case: AHRC-FUA-002-2017
March 06, 2017
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INDONESIA: Police officers torture Mr. Edison Hesegem to death in Jayawijaya General Hospital
ISSUES: Torture, extrajudicial killing, fair trial, remedy
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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME
Forwarded Urgent Appeal: AHRC-FUA-002-2017
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INDONESIA: Police officers torture Mr. Edison Hesegem to death in Jayawijaya General Hospital
ISSUES: Torture, extrajudicial killing, fair trial, remedy
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Dear Friends,
The Asian Human Rights Commission (AHRC) wishes to forward an appeal from the International Coalition for Papua (ICP) regarding a torture case in the highland city of Wamena, which was committed by six members of the Jayawijaya District Police, Jayawijaya regency, Papua province. The torture occurred on 11th January 2017 during detention at a police post and on 11th January 2017 at the emergency room of Jayawijaya General Hospital in Wamena. According to local human rights defenders, medical personal witnessed six officers as they tortured Mr. Edison Hesegem at the medical facility where he was meant to receive medical aid. The torture was so severe that Mr. Edison Hesegem died in the hospital the following day. In an attempt to downplay the torture, the head of the Papuan regional Police, Mr. Paulus Waterpauw, made a public statement in which he explained that Mr. Edison sustained the fatal injury as he fell off a fence during an attempted escape. Please support this Urgent Appeal to ensure that the investigation into allegations of human rights violations against Mr. Edison Hesegem in Jayawijaya General Hospital, Papua province, will be conducted in a proper and impartial manner.
For more information, please contact: The International Coalition for Papua, website : http://humanrightspapua.org/news/23-2017/217-police-officers-torture-mr-edison-hesegem-to-death-in-jayawijaya-general-hospital
Thank you.
Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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INDONESIA: Police officers torture Mr. Edison Hesegem to death in Jayawijaya General Hospital
The International Coalition for Papua has received credible information about a torture case in the highland city of Wamena, which was committed by six members of the Jayawijaya District Police, Jayawijaya regency, Papua province. The torture occurred on 11th January 2017 during detention at a police post and on 11th January 2017 at the emergency room of Jayawijaya General Hospital in Wamena. According to local human rights defenders, medical personal witnessed six officers as they tortured Mr. Edison Hesegem at the medical facility where he was meant to receive medical aid. The torture was so severe that Mr. Edison Hesegem died in the hospital the following day. In an attempt to downplay the torture, the head of the Papuan regional Police, Mr. Paulus Waterpauw, made a public statement in which he explained that Mr. Edison sustained the fatal injury as he fell off a fence during an attempted escape. Please support this Urgent Appeal to ensure that the investigation into allegations of human rights violations against Mr. Edison Hesegem in Jayawijaya General Hospital, Papua province, will be conducted in a proper and impartial manner.
Local Papuan human rights defenders have compiled a credible report about a recent torture case in the Papuan highland city of Wamena. On the 11th January 2017, at 02.00 am, six police officers of Jayawijaya District Police arrested Mr. Edison Hesegem (21 years old) in Irian Street in Wamena. Police officers, alleged that Mr. Hesegem was drunk and tried to steal a dog. According to the officers, Mr. Edison Hesegem tried to resist arrest, whereupon the officers collectively beat him until he sustained bruises to the face and body. The police officers then brought Mr. Hesegem to the police post at the airport because the detention facilities at the district police station were allegedly full. Mr. Edison was severely tortured during detention resulting in a series of injuries. He sustained an injury to the back of his head and bruises to his face.
At 5.30 am the officers brought Mr. Edison Hesegem to the Jayawijaya general hospital. The police officers pulled Mr. Hesegem out of the car and threw him to the ground. Subsequently, two officers took his arms and dragged him from the vehicle to the Emergency room, while the other officers collectively kicked him to the lower back and repeatedly hit the victim's head with rifle butts. One officer knocked Mr. Edison Hesegem's head several times against the wall while he was meant to be receiving medical treatment. The torture was witnessed by hospital medical personnel who came to provide medical first aid to Mr. Edison Hesegem. After the medics treated some of Mr. Hesegem's wounds for 30 minutes, the officers again brought him to the POLSEK KP3 police post. When the officers re-admitted Mr. Edsion Hesegem a second time at 2.30 pm, he was already unconscious. Mr. Edison Hesegem died on the 13th January at 1.00 am inside the hospital due to the severe injuries he suffered during torture.
On the 13th January 2017, Mr. Edison Hesegem' s body was brought to the Bhayangkara Police Hospital in Jayapura City for autopsy. The autopsy results showed that the death was caused by a strong impact to the victim's cerebellum. On the 14th January 2017, the head of the Papuan regional Police Mr Paulus Waterpauw, admitted in a public statement that the police members had applied excessive force during arrest and inside the hospital. However, the police chief also attempted to downplay the incident by stating that Mr. Edison Hesegem sustained the fatal head injury due to an uncontrolled fall from a fence. Mr. Waterpauw said the victim fell from two meters high on his head as he tried to climb a fence during an attempted escape.
Suggested Action:
Please write to the authorities listed below, asking them to ensure that the investigation into allegations of human rights violations against Mr. Edison Hesegem in Jayawijaya General Hospital, Papua province, must be conducted in a proper and impartial manner. The National Commission on Human Rights (Komnas HAM) should immediately complete the investigation and issue recommendations to the respective law enforcement institutions which should ensure that the case will be adequately processed. President Joko Widodo and Parliament should fully support the Komnas HAM effort and ensure that all security force perpetrators responsible for human rights violations will be processed by law. Furthermore, the local police and government authorities should take active measures to guarantee that security force perpetrators will be legally processed and prosecuted.
Additional Information:
To a large extent, Human rights violations in Papua and West Papua provinces remain unaddressed by the government of Indonesia. Throughout 2015 and 2016, ICP documented 16 cases of extra-judicial killings conducted by the police and military. Of the 16 reported cases, only three cases resulted in the prosecution of perpetrators. Most investigations of such human rights violations remain unclear and with little progress, while the perpetrators enjoy impunity, there is no remedy for the victims. The Indonesian government, it’s national law enforcement and human rights mechanisms still fail to tackle the widespread climate of impunity in West Papua. Hence, security force perpetrators do not hesitate to apply excessive force during arrests and interrogations.
The majority of cases of arbitrary and extra-judicial executions throughout 2015 and 2016 were not related to political activity seeking Papuan independence as one might assume. The “overall picture of cases” is dominated by a general pattern in which incidents were initiated by complaints from civil society members to the police or military. Commonly, non-Papuan residents file complaints against indigenous Papuans who were drunk and considered to be disturbing public safety and public order. Heavy ill-treatment and extra-judicial executions most commonly occur because police and military members fail to respond professionally in such situations.
During the past five years human rights defenders have reported numerous cases in which state actors used the Bhayangkara police hospital in Jayapura city to cover up cases of torture and extra-judicial killings committed by security force members. Generally, victims of human rights violations are brought to the hospital in an attempt to prevent them from an opportunity to demand medical statements which could be used as legal evidence for torture at court. Human rights defenders also reported several cases where victims were deliberately denied access to medical treatment, tortured inside the hospital or received inappropriate medical treatment.
SAMPLE LETTER:
Dear ………………..,
INDONESIA : Six police officers tortured Mr. Edison Hesegem to death in Jayawijaya public hospital, Papua Province
Name of victim : Mr. Edison Hesegem (born 4th April 1996)
Names of alleged perpetrators : Out of six officers of the Jayawijaya District Police, human rights activists obtained the names of three perpetrators:
- Mr. Zainal Danru (Police brigade commander at crowd control unit of Jayawijaya District Police)
- Mr. Arifdita Jatikusuma (Second police brigade commander at crowd control unit of Jayawijaya District Police)
- Mr. Danu Praseno (Second police brigade commander at crowd control unit of Jayawijaya District Police)
Date of incident : 11th January 2017
Place of incident : Wamena, Jayawijaya regency, Papua province.
I am writing to voice my deep concern regarding the killing of Mr. Edison Hesegem by six members of the Jayawijaya District Police on 11th January 2017 in Wamena, Jayawijaya regency, Papua province. By not following legal procedure during arrest, the police officers severely tortured Mr. Hesegem during detention and after admission to the Jayawijaya General Hospital, resulting in his death inside the hospital.
Local human rights defenders reported that police officers pulled Mr. Hesegem out of the car and threw him to the ground. Subsequently, two officers took his arms and dragged him from the vehicle to the Emergency room, while the other officers collectively kicked him on the lower back and repeatedly hit the victim's head with rifle butts. One officer knocked Mr. Edison Hesegem's head several times against the wall as he received medical treatment. After the medics had treated some of Mr. Hesegem's wounds for 30 minutes the officers again brought him to the POLDEK KP3 police post. When the officers re-admitted Mr. Edison Hesegem at 02.30 pm for the second time he was already unconscious. Mr. Edison Hesegem died on the 13th January at 1.00 am inside the hospital due to the severe injuries he suffered during torture.
During the past years various human rights organizations have reported the widespread climate of impunity in the provinces of Papua and Papua Barat. Considering this situation I am highly concerned that the police officers will not be subjected to legal prosecution. And that an impartial investigation and a fair and public trial against the perpetrators will not take place. Moreover, the head of the Papuan Regional Police (POLDA Papua), Mr. Paulus Waterpauw, has made a public statement on the 14th January 2017 in which he attempted to downplay the severity of the torture by stating that Mr. Edison Hesegem sustained the fatal head injury due to an uncontrolled fall from a fence.
Therefore, I respectfully ask you to ensure that the investigation into allegations of torture and homicide against the six police officers from Jayawijaya District Police will be conducted in a impartial way and under fair trial principles. President Joko Widodo and Parliament should fully support the Komnas HAM effort and ensure that the perpetrators will be legally prosecuted in line with the National Criminal Code KUHP. All relevant government institutions including the National Police (POLRI) and the Papua Regional Police (POLDA Papua) should guarantee that similar cases will not re-occur.
I look forward to your prompt action in this matter.
Yours Sincerely,
……………….
Please send your letter to the following persons/ institutions:
1. Mr. Joko Widodo
President of the Republic of Indonesia
Jl. Veteran No. 16
Jakarta Pusat
INDONESIA
Tel: +62 21 3458 595
Fax: +62 21 3484 4759
E-mail: webmaster@setneg.go.id
2. Mr. Yasonna Laoly
Minister of Law and Human Rights
Jl. HR Rasuna Said Kav. 6–7
Kuningan, Jakarta 12940
INDONESIA
Tel: +62 21 525 3006, 525 3889
Fax: +62 21 525 3095
3. Dr. Mualimin Abdi SH., MH
Director General of Human Rights
Office of the Director General of Human Rights
Jl. HR Rasuna Said Kav. 6–7
Kuningan, Jakarta 12940
INDONESIA
Tel: +62 21 5253006
Fax: +62 21 5253095
4. General Pol. Drs. H.M. Tito Karnavian, M.A., Ph.D
Chief of National Police (KAPOLRI)
Jl. Trunojoyo No. 3 KebayoranBaru, Jakarta Selatan 12110
INDONESIA
Tel: +62 21 384 8537, 726 0306
Fax: +62 21 7220 669
E-mail: info@polri.go.id
5. Ms. Poengky Indarti
Commissioner of the National Police Commission
Jl. Tirtayasa VII No. 20
Kebayoran Baru, Jakarta Selatan
INDONESIA
Tel: +62 21 739 2315
Fax: +62 21 739 2352
E-mail: secretariat@kompolnas.go.id, skm@kompolnas.go.id
6. Professor Amzulian Rifai S.H, LL.M, PhD
Chairperson of Ombudsman of Republic of Indonesia
Jl. HR. Rasuna Said Kav. C-19 Kuningan (GedungPengadilan TIPIKOR) Jakarta Selatan
INDONESIA
Tel: +62 21 52960894/95
Fax: +62 21-52960904/05
7. Dr. HM. Azis Syamsuddin, SH
Chairperson of the Commission III of The House of Representative
KetuaKomisi III DPR RI
Gedung Nusantara II DPR RI, Lt I
Jl. Jenderal Gatot Subroto, Jakarta,
INDONESIA
Telp : +62 21 -5715566, +62 21-5715569, +62 21-5715864
Fax : +62 21 5715566
8. M. Imdadun Rahmat
Chairperson of the National Commission on Human Rights (Komnas HAM)
Jl. Latuharhary No. 4-B
Jakarta 10310
INDONESIA
Tel: +62 21 392 5227-30
Fax: +62 21 392 5227
E-mail: info@komnas.go.id
9. Mr. HM Prasetyo
Attorney General of Republic of Indonesia
Kejaksaan Agung RI
Jl. Sultan Hasanuddin No. 1
Jakarta Selatan
INDONESIA
Tel: + 62 21 7221337 , 7397602
Fax: + 62 21 7250213
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)