Indonesia: Fear for the safety and health of Mr. Matan Klembiap, a torture victim currently detained in Abepura Prison

IDN 270513

Arbitrary detention/ Torture in police custody/ Lack of medical treatment/ Poor health/ Fear for safety/ Risk of impunity

The International Secretariat of the World Organisation Against Torture (OMCT) requests your URGENT intervention in the following situation in Indonesia.

Brief description of the situation

The International Secretariat of OMCT has been informed by TAPOL, a member organisation of OMCT SOS-Torture Network, about the arbitrary detention and torture in police custody suffered by Mr. Matan Klembiap, a 41-year-old man originally from Maribu and living in Amai Kab village, Tablasupa in Jayapura, Papua, Indonesia. OMCT has also been informed about his poor health resulting from the torture and the lack of proper medical treatment.

According to the information received, on 15 February 2013, at around 9 a.m., Mr. Matan Klembiap was driving home in Amai Kab village, Tablasupa from Deprapre when his car was stoped by five police officers driving a silver-painted car, wearing civilian clothes and carrying Pindad SS-1 assault rifles. The police officers pointed their rifles at Mr. Matan Klembiap and the other three men who were with him in the car. They took them to the Depapre Police Station moving them inmediately afterwards to Jayapura District Police Station. In Jayapura District Police Station they were ordered to take off their clothes before several police officers started to beat and electrocute them. While doing this the police started questioning them about the whereabouts of Terianus Satto and Sebby Sambom, two pro-independence activits. As non of them was able to reply the police officers reportedly continued torturing them. They were allegedly kicked, beaten with rattan sticks on the back and electrocuted in the face.

According to the same information received, on 16 February 2013, the police released the three men who were in the car with Mr. Matan Klembiap. Mr. Matan Klembiap was kept in custody in Jayapura District Police Station facing charges of carrying, storing, possessing, concealing and reatining sharp of weapons under Article 2, paragraph (1) of Emergency Law 12/1951 because the police had found an axe in his car at the moment of his arrest. It is to be noted that it is very common for indigeneous Papuans to possess an axe that they use for chopping or splitting wood.

Mr. Matan Klembiap was held in Jayapura District Police Station till 18 February 2013 when he was moved to Abepura Prison. During the four days he was in Jayapura District Police Station he was continuously interrogated and asked about his relationship with TPN-OPM leaders. During the interrogation he was allegedly continuosly tortured. Mr. Matan Klembiap was beaten with a wooden beam, rifle butts and rattan sticks. His legs and arms were positioned under the legs of a table and crushed resulting in his toenail being pulled out. His fingers were wounded and his head suffered severe wounds due to the beating.

As of issuing this urgent appeal, Mr. Matan Klembiap remains detained in Class II in Abepura Prison while his trial is in process. According to the information received, Mr. Matan Klembiap is very weak, suffers from memory loss and becomes stressed when reminded of the torture. He has not received any kind of medical care since he was tortured in Jayapura District Police Station. Furthermore, he reportedly does not currently have legal representation and he has been denied family access.

The International Secretariat of OMCT expresses its concern about the safety and physical and psychological integrity of Mr. Matan Klembiap and urges the competent authorities to guarantee his safety at all times and that he receives immediate adequate medical care as provided for by international human rights standards.

Furthermore, OMCT urges the competent authorities to carry out a prompt, effective, thorough, independent and impartial investigation into the allegations of torture and ill-treatment, in accordance with the United Nations Convention against Torture to which Indonesia is a State party, the result of which must be made public, in order to bring those responsible before a competent, independent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law.

OMCT recalls that the authorities have to fulfil their obligations under international human rights law to protect the right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment and to bringing to justice those responsible for violating this right.

In this regard, OMCT recalls Article 11 of the UN Convention against Torture which stipulates that “Each State Party shall keep under systematic review interrogation rules, instructions, methods and practices as well as arrangements for the custody and treatment of persons subjected to any form of arrest, detention or imprisonment in any territory under its jurisdiction, with a view to preventing any cases of torture” and Article 15 of the said Convention which specifies that, “Each State Party shall ensure that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings (…)”.

Action requested

Please write to the authorities in Indonesia urging them to:

i. Guarantee, in all circumstances, the physical and psychological integrity of Mr. Matan Klembiap and his family;

ii. Order his immediate transfer to a public hospital with adequate care;

iii. Guarantee unconditional access to all members of his family and a lawyer of his choice;

iv. Order his immediate release in the absence of valid legal charges that are consistent with international legal standards, or, if such charges exist, bring him promptly before an impartial, independent and competent tribunal that will ensure due process at all times;

v. Carry out a prompt, effective, thorough, independent and impartial investigation into the allegations of torture, in accordance with international human rights standards, the result of which must be made public, in orderto bring those responsible before a competent, independent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law;

vi. Guarantee that no evidence obtained under torture and ill-treatment, or threats thereof, be used in court proceedings against Mr. Matan Klembiap as stipulated in Article 15 of the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;

vii. Ensure that adequate, effective and prompt reparation, including adequate compensation and rehabilitation, is granted to Mr. Matan Klembiap;

viii. Ensure the respect of human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards, in particular ensure that all acts of torture and cruel, inhuman and degrading treatment and punishment are clearly defined in law as offences in accordance with the provisions set out in Articles 1, 4 and 16 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and that they be made punishable with appropriate penalties which take into account the grave nature of the crimes as required.

Addresses

Ø Mr. Susilo Bambang Yudhoyono, President of Republic of Indonesia, Jl. Veteran No. 16, Jakarta Pusat, INDONESIA, Tel: presiden

Ø Ms. Harkristuti Harkrisnowo, General Director of Human Rights, Ministry of Law and Human Rights, Jl. HR Rasuna Said Kav. 6-7, Kuningan, Jakarta 12940, INDONESIA, Tel: +62 21 525 3006, 525 3889, Fax: +62 21 525 3095

Ø Gen. Timur Pradopo, Chief of the Indonesian National Police, Jl. Trunojoyo No. 3, Kebayoran Baru, Jakarta Selatan 12110, INDONESIA, Tel: info

Ø Ir. Gen. Drs. Tito Karnavian, Chief of Papua Regional Police, Jl. Dr. Sam Ratulangi No. 8, Jayapura, INDONESIA, Tel: +62967 531 014, 533 396, Fax: +62967 533 763

Ø Mr. Otto Nur Abdullah, Chairperson of the National Human Rights Commission, Jalan Latuharhary No.4-B, Jakarta 10310, INDONESIA, Tel: +62 21 392 5227-30, Fax: info

Ø H. E. Mr. Triyono Wibowo, Ambassador Extraordinary and Plenipotentiary, Permanent Representative, Permanent Mission of Indonesia to the UN Office in Geneva, Rue de Saint-Jean 16, 1203 Geneva, Tel: mission.indonesia

Please also write to the embassies of Indonesia in your respective country.

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Geneva, 27 May 2013

Kindly inform us of any action undertaken quoting the code of this appeal