Friday, April 22, 2011

MILITARY VIOLENCE ON POPULATION

IBRAHIM ISA FOCUS -- MILITARY VIOLENCE ON POPULATION
Friday, April 22, 2011
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MILITARY OPEN FIRE ON PROTESTING VILLAGERS IN KEBUMEN, CENTRAL JAVA
April 18, 2011

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME
Urgent Appeal Case: AHRC-UAC-079-2011
18 April 2011
INDONESIA: Military open fire on protesting villagers in Central Java
ISSUES: Military, Freedom of Assembly, Freedom of Expression, Land Rights, Police Negligence


Dear friends,

*Since Saturday April 16, 2011 several farmers have been injured by military violence in Kebumen regency, Central Java. The actions of the military personnel included beating, kicking and shooting, allegedly with rubber bullets caused several persons injured. Ten villagers were arrested after they protested against the occupation of their land by the military. On April 16, 2011 several villagers joined a procession to the graves of child victims of past military exercises in the area. Provocation by the local military escalated the situation. Some of the victims were brought to hospitals and many left the area due to fear of further violence by the military and police. The Asian Human Rights Commission (AHRC) is concerned about the ongoing arrests and sweeping operations in the area.

CASE NARRATIVE*:

After years of disputes over the use of land by the military in the Kebumen Regency farmers had built a road block of trees on April 11, 2011 to prevent the Indonesian military (TNI) from accessing the disputed land they claimed. On Saturday, April 16, 2011 at 9.30 in the morning about 30 residents conducted a procession to the tombs of children who became civilian victims of mortar explosions in 1997 due to military activities. The tombs in Setrojenar village are located only 400 m away from the TNI office. At 12.00 noon TNI forces dismantled the road block. Between 12.30 and 14.00 pm, more villagers had gathered to join the procession after the military had removed the roadblock.

The protesters rebuilt roadblocks and since the military was not supposed to conduct exercises in that area, the sudden removal of the roadblock was considered by the villagers as a provocation. Following this, the by then more than 150 protesters, moved towards the local TNI exercise area near Buluspesantren and broke open the entrance gate. The crowd then went on to break the walls of a former armory and teared down a tower the army had built on the resident's land.

Once the villagers returned to their original procession area between 14.00 and 15.00 o'clock, fully armed TNI soldiers had lined up. According to the protesters the military had not given any warnings before they opened fire against the protesters causing injuries to four persons. When the crowd started panicking the TNI soldiers went on to beat some villagers and continue sweeping operations. Police officers who were not in uniform were present during the clashes.

Following this, the military conducted violent arrests in the village including beating with batons and kicking causing injuries and the destruction of property
The value of the destroyed property is estimated to be in the region of IDR 60,000,000 (USD 7,000) excluding the crops destroyed by the military.

Some of the victims may face criminal charges under article 170 of the Indonesian Penal Code . Those suspects later declared as witnesses by the police were required to report back to the police daily, violating criminal procedure.

*ADDITIONAL INFORMATION*:

The disproportional dominance of the military on local levels and the lack of avenues to obtain redress for violations caused by the military leave often no effective options for villagers to challenge the use of land and the activities conducted by the military. In the concerned area in this case several children had died from mortar explosions in the past and the demand for justice regarding the military use of farm lands in the area has not been addressed so far. As a result the villagers anger was expressed in the protests on Saturday April 16, 2011.

The Indonesian laws on military do not allow members of the military be held accountable by a reliable court for crimes committed against civilians. Military members are instead tried at best by internal military tribunal that would give low or no punishments and don't conform with standards of fair trial.

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*SUGGESTED ACTION*:

Please write to the authorities to urge a timely intervention into the conflict in Kebumen area including a comprehensive process to settle the land disputes and provide remedies for the villagers, investigate the disproportional use of violence by the military and the illegal process of arrests conducted. Please also call on the Indonesian government to review the law on military courts which continues to provide impunity for members of the Indonesian national army (TNI).

*SAMPLE LETTER*:
I am writing to voice my deep concern regarding the recent action by the military in the Kebumen region during which the baton charged protestors and opened fire, supposedly with rubber bullets. Several of the protestors were arrested and other taken to the hospital for medical treatment.

After years of disputes over the use of land by the military in the Kebumen Regency farmers had built a road block of trees on April 11, 2011 to prevent the Indonesian military (TNI) from accessing the disputed land they claimed. On Saturday, April 16, 2011 at 9.30 in the morning about 30 residents conducted a procession to the tombs of children who became civilian victims of mortar explosions in 1997 due to military activities. The tombs in Setrojenar Village are located only 400 m away from the TNI office. At 12.00 noon TNI forces dismantled the road block. Between 12.30 and 14.00 pm, more villagers had gathered to join the procession after the military had removed the roadblock.

The protesters rebuilt roadblocks and since the military was not supposed to conduct exercises in that area, the sudden removal of the roadblock was considered by the villagers as a provocation. Following this, the by then more than 150 protesters, moved towards the local TNI exercise area near Buluspesantren and broke open the entrance gate. The crowd then went on to break the walls of a former armory and tear down a tower the army had built on the resident's land.

Once the villagers returned to their original procession area between 14.00 and 15.00 o'clock, fully armed TNI soldiers had lined up. According to the protesters the military had not given any warnings before they opened fire against the protesters causing injuries to four persons. When the crowd started panicking the TNI soldiers went on to beat some villagers and continue sweeping operations. Police officers who were not in uniform were present during the clashes.

Following this, the military conducted violent arrests in the village including beating with batons and kicking causing injuries and the destruction of property.

This case is another example of repeated violence by the Indonesian military. Their impunity must end with an immediate review of the law on military courts to ensure full accountability for crimes committed against civilians

I urge you to ensure a full investigation into this violence. The perpetrators must be charged and subjected to disciplinary and criminal action. I also urge for your intervention into the land dispute conflict in the area and push for a settlement.

PLEASE SEND YOUR LETTERS TO: 1. Mr. Susilo Bambang Yudoyono President
Republic of Indonesia
Presidential Palace Jl. Medan Merdeka Utara Jakarta Pusat 10010 INDONESIA
Fax: + 62 21 231 41 38, 345 2685, 345 7782

2. Adm. Agus Suhartono
Headquarter Tentara Nasional Indonesia (TNI) Jakarta INDONESIA

3. General of Police Timur Pradopo Chief of Indonesian National Police Jl. Trunojoyo No.3 INDONESIA

4. Ms. Harkristuti Harkrisnowo General Director of Human Rights Department of Law and Human Rights Republic of Indonesia Jl. HR Rasuna Said Kav.6-7 Kuningan, Jakarta 12940
Tel: +62 21 525 3006, 525 3889, 526 4280
Fax: +62 21 525 3095

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96 POLICE OFFICERS QUESTIONED FOR PALU ATTACK

The Jakarta Post, Jakarta | Fri, 04/22

The Central Sulawesi Police have questioned 96 police officers in relation to the police attack on houses on Jl. Veteran in Palu over the weekend.

The number of officers questioned rose from the previously questioned 30 after more evidence and witnesses' statements were gathered, Central Sulawesi Police chief Brig. Gen. Dewa Parsana said in Palu on Friday.

Some of the officers will be subject to criminal charges, while others are facing disciplinary sanctions, Dewa added.

"We will uphold existing regulations for sure," he said as quoted by Antara.

Dewa said seven civilians were also questioned regarding the Sunday night attack.

About 120 police officers, most of whom rode motorcycles, allegedly threw stones at houses on Jl. Veteran, breaking windows of buildings, including kiosks, and damaging several parked motorcycles.

The attackers did not wear police uniforms during the attack, but a wallet that was found at the crime scene contained a police officer's ID card and led to suspicions of police officers' involvement in the attack.

They are said to be part of a group from Poboya subdistrict in the East Palu district, and did the attack to get back to a man who had allegedly tortured their friend.

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­
TNI ADMITS SOLDIERS INVOLVED IN DEBT COLLETOR'S DEATH


The Jakarta Post, Jakarta | Thu, 04/21/2011

A spokesman for the Indonesian Military (TNI) confirmed on Wednesday that three TNI members were involved in the alleged torture and murder of a debt collector in Jakarta on Monday.

The Army's Strategic Reserve Command (Kostrad) was investigating the three TNI members allegedly implicated in the death of Helmy Yohanes Manuputty, Kostrad chief Lt. Gen. Pramono Edhie Wibowo said on Wednesday.
"Those found guilty will be punished," Pramono told reporters, adding that the TNI would be transparent in its handling of the case.

Pramono also confirmed that a TNI member had been given a Rp 6.4 million automobile loan from leasing company PT Sinar Mitra Sepadan (SMS), where Helmy worked as debt collector.

Helmy, 34, was assigned to collect payment from the TNI member, who allegedly failed to pay his last two monthly installments.
The debtor and about 100 TNI members in civilian clothes allegedly attacked PT SMS's office in
Margonda, Depok, on Monday, brandishing machetes and firearms, and attacking Helmy and his colleagues.

Helmy and three colleagues, A.T., Aldo and Videl, were allegedly taken by the mob from the company's office and tortured in Cilodong, Bogor, where the headquarters of Kostrad's Division I is located.
Helmy reportedly was released in Cililitan, South Jakarta, returned home by motorcycle taxi and died from his wounds at Indonesian Christian University (UKI) Hospital in Cawang, East Jakarta, on Monday evening.

"The three [TNI members] are under investigation," TNI spokesperson Brig. Gen. Wiryantoro told reporters on Wednesday.
PT SMS offices were abandoned when The Jakarta Post visited on Wednesday, and a banner with the company's name had been removed.
A local resident who declined to be named said that he saw on Monday a debt collector fleeing an assailant who was driving a motorcycle and trying to run him over.

"The assailants looked young and most of them drove motorcycles. After the assault the debt
collectors were taken away by the assailants. They were seated in the middle of motorcycle, sandwiched between two assailants," he added.
Junaedi, a security guard from an adjacent building, told the Post that the debt collectors were usually hanging out in front of the PT SMS office in the place where they parked their motorcycles.

"Many people here were not really sympathetic due to the debt collectors' attitudes," he said.
Junaedi added that about three months ago there was a fight between debt collectors at the PT SMS office over how to conduct their business.

"The debt collectors brought wooden logs and then used them to smash the office windows," Junaedi added.
Andi, a PT SMS customer, told the Post that he was surprised that there were no debt collectors hanging out in front of the office as usual on Wednesday.

"Since a lot of collectors used to hang out in front, I often was afraid to come to pay my debt," he said.
Andi said that he had often came to the leasing company over the last six months to make payments on his car loan. (rpt)

The protesters rebuilt roadblocks and since the military was not supposed to

conduct exercises in that area, the sudden removal of the roadblock was
considered by the villagers as a provocation. Following this, the by then
more than 150 protesters, moved towards the local TNI exercise area near
Buluspesantren and broke open the entrance gate. The crowd then went on to
break the walls of a former armory and teared down a tower the army had
built on the resident's land.

Once the villagers returned to their original procession area between 14.00
and 15.00 o'clock, fully armed TNI soldiers had lined up. According to the
protesters the military had not given any warnings before they opened fire
against the protesters causing injuries to four persons. When the crowd
started panicking the TNI soldiers went on to beat some villagers and
continue sweeping operations. Police officers who were not in uniform were
present during the clashes.

Following this, the military conducted violent arrests in the village
including beating with batons and kicking causing injuries and the
destruction of property
The value of the destroyed property is estimated to be in the region of IDR
60,000,000 (USD 7,000) excluding the crops destroyed by the military.

Some of the victims may face criminal charges under article 170 of the
Indonesian Penal Code. Those suspects later declared as witnesses by the
police were required to report back to the police daily, violating criminal
procedure.

*Additional information:*
The disproportional dominance of the military on local levels and the lack
of avenues to obtain redress for violations caused by the military leave
often no effective options for villagers to challenge the use of land and
the activities conducted by the military. In the concerned area in this case
several children had died from mortar explosions in the past and the demand
for justice regarding the military use of farm lands in the area has not
been addressed so far. As a result the villagers anger was expressed in the
protests on Saturday April 16, 2011.

The Indonesian laws on military do not allow members of the military be held
accountable by a reliable court for crimes committed against civilians.
Military members are instead tried at best by internal military tribunal
that would give low or no punishments and don't conform with standards of
fair trial.



Urgent Appeals Programme
Asian Human Rights Commission
Cop shoots farmer dead, mob attack ensues in Lampung

Oyos Saroso H.N., The Jakarta Post, Bandarlampung | Thu, 04/21/201

Two people were allegedly shot to death by police in Lampung on Tuesday in bizarre circumstances, in the second bloody clash between authorities and civilians within a week.

*The shooting in Tulangbawang came days after a similar incident in which several farmers were shot at with rubber bullets and clubbed with rifle butts by soldiers while they were protesting on a military training ground in Kebumen, Central Java.
*
Tuesday's shooting was allegedly sparked by a quarrel between Tulangbawang Udik Police Internal Affairs chief Adj. Second Insp. David and local farmer Sahab at a local organ music concert on Tuesday afternoon.

Sahab, 45, allegedly carrying a makeshift pistol, went on to the band stage and shook hands with the female singer. David then attempted to arrest Sahab, but ended up shooting him in the chest, witnesses said.

Sahab died on his way to Bandarjaya Islamic Hospital in Central Lampung.

Rohadi, a relative of Sahab, said that when Sahab approached the stage and shook hands with the female singer, he was immediately reprimanded by David.
David then pointed his pistol at Sahab's face, and then shot Sahab in the chest, Rohadi said.

That night, hundreds of local people traveling in three trucks and on hundreds of motorcycles set fire to the Way Abang Police post in Central Tulangbawang district, West Tulangbawang.
They then proceeded to attack the Tulangbawang Udik Police station, apparently out of revenge for the earlier killing.

Hundreds of police officers had gathered at the Tulangbawang Udik station to deter the mob.The police eventually dispersed the crowd after about an hour after shooting the tire of one of the trucks brought by the mob.

After the clash, a civilian, Anton Saputra, was found dead with a bullet wound in his chest. The police said Anton had been carrying a home-made gun, which was confiscated after the attack.

A relative of Anton, Lukman, denied that Anton had been carrying a home-made gun in the attack on the police station.
"We ask police not to manipulate the case. We instead want to question what happened to the missing Rp 7.5 million [about US$750] that Anton had in his pocket, as well as his two cell phones," Lukman said.
Tulangbawang Police chief Adj. Sr. Comr. Dwi Iriyanto said the police were investigating the motive of the attack on the police station.

"Our data shows that Sahab was a regular offender in drug and robbery cases. But if my men are guilty, we will definitely sanction them," he said.

He said the mob had been armed with sharp weapons and home-made guns.

"Sahab was carrying a home-made pistol when he went on the stage to shake hands with the singer," Iriyanto said.
The Lampung Police said that local organ musical shows were notorious for outbreaks of violence.Every year, it said, an average of 10 people die at organ musical performances in Lampung.

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Read following news item (in the Bahasa, sorry for the absence of an English translation, I.I.):

Army General George Toisutta:
THERE IS NO VIOLATION ON THE PART OF THE ARMY
SHOOTING AT UNARMED DEMONSTRATING POPULATION AT KEBUMEN, CENTRAL JAVA.
EVERYTHING OCCURED ACCORDING TO THE BOOKS, THE GENERAL SAID.

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*BentrokAN Kebumen -- KSAD: Tak Ada Pelanggaran di Kebumen*

Heru Margianto | Rabu, 20 April 2011 | 13:18 WIB

cetak.kompas.com

Kepala Staf Angkatan Darat Jenderal TNI George Toisutta


JAKARTA, KOMPAS.com --- Kepala Staf Angkatan Darat Jenderal TNI George Toisutta menyatakan, tidak ada pelanggaran yang dilakukan personelnya saat mengatasi aksimassa di depan Markas Dinas Penelitian dan Pengembangan TNI Angkatan Darat diKebumen, Jawa Tengah.


"Penyelidikan dan evaluasi sudah dilakukan dan tidak ditemukan adanya
pelanggaran," katanya seusai memimpin serah terima jabatan Panglima Kodam Jaya di Jakarta, Rabu (20/4/2011).


George menegaskan, langkah-langkah yang dilakukan prajurit TNI Angkatan Darat sudah sesuai prosedur yang diawali dengan langkah persuasif dan tindakan peringatan, tetapi massa tetap saja merangsek atau maju. "Semua sudah dilakukan sesuai prosedur yang berlaku, hingga tembakan peringatan, tetapi mereka tetap memaksa," ujar KSAD.



Bahkan, ia menilai aksi massa yang melakukan unjuk rasa dengan perusakan markas

merupakan tindakan perusuh dan bukan warga masyarakat. "Itu bukan rakyat,

melainkan perusuh, karena sudah membakar gudang senjata kami," katanya.


Jadi, ia menambahkan, "Kalaupun ditembak, sudah sesuai aturan dan standar,

karena beberapa kali sudah diberi peringatan."

KSAD menegaskan, TNI telah melakukan evaluasi dan memeriksa prajurit yang

terlibat bentrokan. "Tidak ada yang melanggar," katanya.


Bentrok aparat TNI dengan warga dipicu penolakan warga Bulus Pesantren karena

daerahnya dijadikan tempat latihan militer. Aksi unjuk rasa telah dipersiapkan

sejak awal pekan silam, yakni pada 11 April. Sekitar 400 warga Desa Sestrojenar

melakukan aksinya di depan markas dengan membawa senjata tajam, bambu runcing,

dan membakar ban bekas.


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