Calls for Suspension of Aid to Abusive Indonesian Military
Light Sentences for Rights Violators Spark Calls for Suspension of Aid to Abusive and Unaccountable Indonesian Military
The West Papua Advocacy
Team (WPAT), East and Indonesia </Action /Network
The Indonesian
Government's refusal to prosecute the perpetrators in a
civilian court and the failure to charge them with serious
criminal offences commensurate with the violence inflicted
on the victims reflect a longstanding pattern where security
force personnel who commit heinous crimes against Papuans
are not inadequately punished, if they are punished at all.
For example, the special forces (Kopassus) personnel
convicted by a military court for the torture-murder of the
leading Papuan political figure, Theys Eluay, in 2001
similarly received sentences not commensurate with the
crime. They were lauded publicly by a leading Indonesian
military figure as "heroes."
Unfortunately, Indonesia
President's Susilo Bambang Yudhoyono inpre-sentencing public
remarks < WPAT, ETAN and TAPOL
remain concerned that Indonesia has refused to make
torture a specific offence under Indonesian criminal law,
notwithstanding Indonesia's obligations under the United
Nations Convention Against Torture which it signed in 1985
and ratified in 1998. We urge Indonesia to do
so. Indonesian military personnel, especially those
operating in West Papua, which has seen the worst security
forces abuse over the past decade, continue to perpetrate
torture, rape, extrajudicial killings and other well
documented abuses in part because they are aware they will
never be effectively prosecuted for these crimes. By
refusing to prosecute military offenders to the full extend
of the law in civilian courts the Indonesian government is
complicit in the military's continuing abuses. The
impunity long enjoyed by Indonesian security personnel for
their criminal behavior stands in stark contrast to the
severe sentences meted out to Papuans who assemble
peacefully to protest decades of Indonesian government
repression and the denial of essential services to the
Papuan people. Dozens of Papuans have been imprisoned for
years where, as described by UN reports, these peaceful
dissenters endure health and life threatening treatment and
conditions. Amnesty International and other reputable human
rights organizations have identified many as "prisoners of
conscience." Government restrictions on travel to and
within West Papua have long impeded the ability of the
international community to monitor human rights and other
developments. Indonesian security and intelligence forces
within West Papua routinely shadow and obstruct the movement
of the few international journalists and even diplomats who
do manage to enter West Papua. Papuans who speak to these
observers are often threatened and harassed. The U.S. and
other governments should act in a substantive way to end the
continued abuses by Indonesian security forces against
Papuans. The U.S., in particular, should exercise its
significant leverage by suspending its extensive and
expanding military assistance programs for Indonesia pending
real reform of the Indonesian military. This reform should,
at minimum, include an end to human rights violations by
Indonesian military personnel, as well as effective
prosecution in civilian courts of military personnel who
perpetrate abuses and with sentencing commensurate with the
crimes. The U.S. should also make any resumption of
military-to-military cooperation contingent on an end to
Indonesian government restrictions on access to West Papua
by independent journalists and other observers, as well as
an end to Indonesian security and intelligence force
intimidation of those Papuans peacefully advocating for
their political and other human rights. More generally,
WPAT, ETAN and TAPOL appeal to the governments of the United
States and the United Kingdom and the European Union to
promptly and publicly register with the Indonesian
government their deep concern over what is only this latest
example of decades of failed justice in West Papua. see
also West Papua Report U.S.-Indonesia
Military Assistance ENDS
described the torture, which included the
burning of the genitals of a Papuan man with a stick pulled
from the fire, as "only a minor incident." This dismissal
of the seriousness of the crime reinforces a pattern of
impunity for security personnel.