Open Letter from ILWP to Inspektur Jenderal Drs BL Tobing
International Lawyers for West Papua http://www.ilwp.or
Inspektur
Jenderal Drs BL Tobing
Papua Police Chief
Regional
Head of Police (Kapolda)
JI. Samratulangi No. 8 Jayapura
Papua
Fax: +62 967 533763
21 October 20
Dear Kapolda,
We, the International Lawyers for West Papua, respectfully seek to remind you of your duties under international law.
It has been reported from a police source (Republika, 19 October 2011) that approximately 600 people were arrested at the Third Papua Congress, a peaceful assembly at which the Papuan community were gathered to discuss their future. Other media outlets have reported that between four and seven people were killed and many others injured after security services opened fire on the assembly and that hundreds more were beaten before being taken into custody.
As a Police Chief you are an agent of the Indonesian State and you are bound to obey the human rights standards set by international law, particularly the International Covenant on Civil and Political Rights (ICCPR) which Indonesia acceded to on 23 February 2006. We also remind you of your obligations under the Indonesian Human Rights Act and Human Rights Courts Act.
The right to freedom of assembly is protected by Articles 21 and 22 of the ICCPR. The right to free speech is guaranteed by Article 19 of the ICCPR. The people of West Papua are entitled to meet and discuss freely their opinions, including their right to self-determination and their desire for independence and self-government. If they have been arrested for doing so, they are prisoners of conscience and must be released immediately.
We therefore request that you
immediately confirm the basis for the arrests and ensure
that all detainees that were injured during the violence
have access to medical care. We also request that
you:
• Comply with Articles 19, 21 and 22 of the ICCPR and release any detainees held for engaging in peaceful assembly;
• Comply with Article 7 of the ICCPR and guarantee that all of those detained will not be tortured or otherwise ill-treated while in detention;
• Comply with Article 14 of the ICCPR and allow all detainees immediate access to a lawyer of their choosing;
• Comply with Article 2 of the ICCPR in instituting a full and thorough investigation of the extra-judicial killings and violence at the assembly in breach of Articles 6 and 7 of the ICCPR.
•
Thank you for taking the time to read this letter.
Yours sincerely,
International Lawyers for West Papua
ENDS