Jayapura – The Papua Human Rights Lawyer Association (PAHAM Papua) believes that the Indonesian Military (TNI) police headquarters (Puspom) appears to be covering up and has been silent about the legal process involving the 13 suspects in the torture of three Papuan civilians in Puncak Regency, Central Papua Province.
The torture of the three Papuan civilians was committed by soldiers from the Yonif Raider 300/Brajawijaya Regional Military Command (Kodam) Siliwangi Task Force who were serving in Puncak regency. The incident occurred on February 3, 2024 and later went viral after a video of one of the civilians being tortured in an oil drum circulated on social media on March 21.
Two of the tortured civilians were arrested in Eromaga Village and one other at the Kunga Village. As a result of the incident, one person died while two other youths had to be treated by their families due to the brutal torture.
PAHAM Papua Director Gustaf R. Kawer said that since the 13 soldiers were declared suspects on March 25, the TNI Puspom appears to have closed ranks and is silent about the legal process and the criminal investigation into the case.
"It's not surprising then, that the families of the victims and the community in Papua do not know the names of the 13 suspects who were responsible as the commander, the perpetrators of the torture in the field and whether there were additional suspects in the legal process", Kawer explained to Suara Papua on Thursday June 20.
He also said that the families, victims and the Papuan people also do not yet know the number of witnesses and other evidence that will be used to support the prosecution of the case.
"It has not been explained to the victims when the legal process will be handed over to the military prosecutor. When the case will be handed over to a military court. There is a strong impression that the TNI Puspom is hiding the case from the victims, the families of the victims and the general public in Papua, which could have a serious impact on the perpetrators not being processed under the law or being taken to court, and not receiving a punishment that is appropriate for their actions (impunity)", he said.
Kawer said that the legal process in this case was similar to that applied to the perpetrators of the murder of Papuan independence leader Theys Hiyo Eluay a few years ago.
"The case of the 13 suspects who persecuted the civilians in Puncak should not be repeat of or the legal process be covered up as was done with the suspects who perpetrated the murder of the late Hiyo Eluay and [his driver] Aristoteles Masoka."
In the Theys Eluay case, the perpetrator Infantry Lieutenant Colonel Hartomo and his colleagues received light sentences and continued serving with the TNI. Hartomo was even promoted and given an important position in the TNI.
Likewise in the case of the arson of a healthcare office in Hitadipa district, Intan Jaya regency, on September 19, 2020, involving eight members of the TNI, the murder of two civilians named Luther Zanambani and Apinus Zanambani in Intan Jaya on April 21, 2020, and the murder of Pastor Yeremia Zanambani in Hitadipa on September 19, 2022.
In this case the TNI Puspom declared a suspect from the TNI on December 23, 2020, but to this day the families of the victims and the community still do not know the outcome of the legal process.
Looking at the reality of the prosecution of the 13 soldiers in the Puncak case and other case of violence that have occurred in Papua, PAHAM Papua is calling for:
- The President of the Republic of Indonesia and the TNI commander, as a form of commitment to law enforcement and human rights in Papua, to immediately resolve the torture case in Puncak and other cases of military violence in the land of Papua.
- For the National Human Rights Commission (Komnas HAM) as the state institution which has been given a mandate to monitor cases of gross human rights violations and has the authority to conduct "pro-justice" investigations into gross human rights violations, to immediately conduct an investigation into and expose state violence in the case of the three civilians tortured in Puncak and other case of military violence in the land of Papua.
- The international community, national civil society organisations, international human rights institutions and the foreign media, as a form of commitment to monitoring and encouraging change in the human rights situations in Papua, to jointly urge the Indonesian government in carry out its human rights obligations as mandated by the Universal Declaration of Human Rights, the International Convention on Civil and Political Rights, the 1945 Constitution, the Human Rights Law, the law on the freedom to express an opinion in public and the Papuan Special Autonomy Law, to provide human rights protection to indigenous Papuans.
The Puncak torture case
The torture of the three civilians in Puncak occurred on February 3, and was committed by soldiers from the Yonif Raider 300/Brajawijaya Regional Military Command (Kodam) Siliwangi Task Force.
Warinus Murib and Alianus Murib were arrested in Eromaga Village while Defianus Kogoya was arrested in Kunga Village.
The three were taken to the Gome military post where there were tortured and then handed over to the local police. The police however refused to accept them because of their condition. The three were then taken to the Ilaga Regional Hospital but Warinus Murib died. The other two who survived were then treated by their families.
A video of one of the victims being tortured that went viral on social media on March 21 was initially rebutted by the head of the TNI information centre and the Cenderawasih XVII military commander, who claimed that the video was a hoax.
But after coming under pressure from the Papuan, national and international communities, as well as international humanitarian institutions, the TNI admitted that the torture was carried out by TNI members and 13 soldiers were declared suspects.
- Amnesty urges evaluation of troop deployments in Papua after torture video. CNN Indonesia – March 23, 2024
- Regional military commander claims Papua torture video fake, result of editing. Cepos Online – March 22, 2024
[Slightly abridged translation by James Balowski. The original title of the article was "Puspom TNI Terkesan Tertutup Proses Hukum 13 Tersangka Penyiksaan Warga Sipil di Puncak".]
