ON SITUATION IN WEST PAPUA

Amnesty International continues to receive credible reports of human rights violations committed by the security forces in the provinces of Papua and West Papua, including torture and other ill-treatment, unnecessary and excessive use of force and firearms and possible unlawful killings. Investigations into such reports are rare and only few perpetrators have been brought to justice. In the rare cases where victims have reported police abuses, police often subject them to further intimidation and harassment.
Current internal police disciplinary mechanisms are inadequate to deal with criminal offences amounting to human rights violations and are often not known to the public. Furthermore, external police oversight bodies do not have the adequate powers to bring to justice those responsible for human rights violations.
In January 2011 three soldiers who were filmed kicking and verbally abusing Papuans were sentenced by a military court to
between eight and ten months� imprisonment for disobeying orders. The video was widely circulated via YouTube. The victims
were too frightened to testify in person due to the lack of adequate safety guarantees. In November 2011, eight police officers
involved in a violent crackdown on a peaceful gathering in Papua that left three people dead were only given written warnings.
International human rights observers, non-governmental organizations and journalists are severely restricted in their access to Papua, contributing to a climate of impunity there.

One of the reasons why cases of torture and other ill-treatment continue to occur in Indonesia is the failure to revise the Indonesian Criminal Code to criminalize acts of torture. In 2008 the UN Committee against Torture called on the Indonesian government to revise the Criminal Code to incorporate the crime of torture consistent with the definition in Article 1.1 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and to ensure that all acts of torture are punishable by appropriate penalties which take into account their grave nature. The Criminal Code has been under revision for about three decades.
As a state party to both the International Covenant on Civil and Political Rights (ICCPR) and the UN Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT), Indonesia has a legal obligation to prohibit torture and other ill-treatment in all circumstances. The Indonesian Constitution and the Law on Human Rights (No. 39/1999) also provide for the right for all people in Indonesia to be free from torture and other ill-treatment.
Further, the Regulation of the Chief of the National Police regarding the Implementation of Human Rights Principles and
Standards in the Discharge of Duties of the Indonesian National Police (No. 8/2009) states that police must �refrain from instigating or tolerating any act of torture or other cruel, inhuman or degrading treatment or punishment�.
 
Sumber : Natanael Lobato
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