Arbitrary detention and torture of Mr. Alfares Kapisa and Mr. Yali Wenda, two students from Papua

Torturein police custody/ Lack of proper investigation/ Intimidation/ Risk of impunity

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

Brief description of thesituation

The InternationalSecretariat of OMCT has been informed by TAPOL, a member organisation of OMCTSOS-Torture Network, about the arbitrary detention and torture of Mr. Alfares Kapisa and Mr. Yali Wenda, two students from Papua,24 and 21 years old respectively, while participating in a demonstration atCenderawasih University in Jayapura demanding the unconditional release of Papuanpolitical prisoners and the opening of democratic space in Papua.

According to theinformation received, on 2 April 2014, the police arrested Mr. Yali Wenda,member of Student Solidarity for Political Prisoners, and Mr. Alfares Kapisa,field coordinator of the aforementioned demonstration. Mr. Yali Wenda and Mr.Alfares Kapisa had approached the police to negotiate after the demonstration hadbecome tense. They were dragged into a Jayapura police crowd control truck,where they were forced to lie facedown while they were beaten with rifle buts,kicked with jackboots, and beaten with rattan sticks. Mr. Yali Wenda reportedthat his head was beaten repeatedly against the truck and that his toes werestamped on with jackboots. He also reported that when the police noticed thathe had a small wound on his foot, they stamped on it. The police also reportedlyadministered electric shocks to the two men using electric stun batons. Afteraround 1.5 hours in the truck, Mr. Yali Wenda and Mr. Alfares Kapisa werebrought to the Jayapura police station.

According to the same informationreceived, once at the police station, Mr. Yali Wenda and Mr. Alfares Kapisawere taken to the criminal investigation unit (Reserse Kriminal, reskrim) and put in a cell. Afterwards, thepolice called a doctor, who allegedly forced Mr. Kapisa and Mr. Wenda to handover their jackets and clothes which were covered with blood. The policeprovided them with other clothes while their own ones were being washed clean.Then, the doctor cleaned the wounds and stitched up the ear of Mr. Wenda withthree stitches without using any kind of anaesthetic, causing severe pain. Itis believed that Mr. Alfares Kapisa and Mr. Yali Wenda were tortured to deterthem from carrying out any further action critical to the government.

On 3 April 2014, between 8and 11 a.m. the police investigator at Jayapura police station interrogated Mr.Alfares Kapisa and Mr. Yali Wenda. During the interrogation, the police reportedlyfalsified the investigation report stating, among others, that Mr. AlfaresKapisa and Mr. Yali Wenda had never been submitted to torture and that they hadattacked the police at the demonstration. They were also forced to sign astatement that they would not carry out any other demonstrations. During theirdetention, the authorities denied Mr. Kapisa and Mr. Wenda their right to accessa lawyer.

On 3 April 2014, at noon, Mr.Kapisa and Mr. Wenda were finally released and taken to Dian Harapan Hospitalin Waena, in Jayapura. At the time of issuing this urgent appeal, Mr. Kapisaand Mr. Wenda were still receiving medical treatment.

OMCT is also concernedabout information indicating that Mr. Yali Wenda has been intimidated on twooccasions by police intelligence agents since his release.

The International Secretariat of OMCT expresses itsdeep concern about the safety and physical and psychological integrity of Mr.Alfares Kapisa and Mr. Yali Wenda, and urges the competent authorities toguarantee their safety at all times, as well as to ensure that they receiveappropriate medical treatment and redress.

OMCT recalls that theauthorities have to fulfil their obligations under international humanrights law to protect the right not to be subjected to torture or othercruel, inhuman or degrading treatment or punishment and the right to libertyand security, to consider seriously any allegations of ill-treatment andarbitrary arrest, and to undertake a prompt, effective, thorough,independent and impartial investigation in this regard, in orderto identify all those responsible, bring them to trial and apply adequatesanctions. OMCT also recalls that victims must be ensured the right to aneffective remedy for the human rights violations suffered as well as the rightto full redress, including compensation and rehabilitation.

OMCT also urges the Indonesian authorities to guaranteethe rights to peaceful assembly and freedom of expression protected under theIndonesian constitution and international law.

Action requested

Please write tothe authorities in Indonesia urging them to:

i. Guarantee, in all circumstances, the physical andpsychological integrity of Mr. Alfares Kapisa and Mr. Yali Wenda;

ii. Carry out a prompt,effective, thorough, independent and impartial investigation into theallegations of torture and arbitrary detention, in accordancewith international human rights standards, the result of which must be made public,in orderto bring those responsiblebefore a competent, independent and impartial tribunal and apply penal, civiland/or administrative sanctions as provided by law;

iii. Ensure that adequate, effective and prompt reparationincluding adequate compensation and rehabilitation is granted to Mr. AlfaresKapisa and Mr. Yali Wenda;

iv. Ensure the respect of human rights and fundamentalfreedoms throughout the country in accordance with national laws andinternational human rights standards, in particular ensure that all acts oftorture and cruel, inhuman and degrading treatment and punishment are clearlydefined in law as offences in accordance with the provisions set out inArticles 1, 4 and 16 of the Convention against Torture and Other Cruel, Inhumanor Degrading Treatment or Punishment and that they be made punishable withappropriate penalties which take into account the grave nature of the crimes asrequired.

Addresses

Ø Mr.Susilo Bambang Yudhoyono, President of Republic of Indonesia, Jl. Veteran No. 16, Jakarta Pusat, INDONESIA, Tel:+62 21 386 3777, 350 3088. , Fax: +62 21 344 2223, 3483 4759, E-mail: presiden@ri.go.id

Ø Pengadilan Negeri Biak, Biak State Court, JI. Majapahit No. 1, Biak 98117, Papua,Indonesia Tel +62 (0) 981 21847, Fax +62 (0) 981 21958

Ø Kejaksaan Negeri Biak, Biak State Prosecutor Jl. Sisingamangaraja,Biak, Papua, Indonesia, Tel +62 (0) 981 21079

Ø Mr. Amir Syamsuddin, Minister for Justice andHuman Rights, Jl. H.R. Rasuna Said Kav No. 4-5 Kuningan Jakarta Selatan 12950,Indonesia, Tel +62 (0) 21 5252975, Fax +62 (0) 21 5252975

Ø Ketua Mahkamah Agung, Chair of the High Court Republik Indonesia Jl. Medan MerdekaUtara No. 9-13 Tromol pos No. 1020 Jakarta 10010

Ø Ketua KomisiJudisial Republik Indonesia di Jakarta,Chair of the Judicial Commission, Jl. Abdul Muis No. 8 Gedung ITC Lantai5 Jakarta Pusat, Po Box 2685, Tel +62 (0) 21 3865661 Fax +62 (0) 213863147

Ø Ketua PengadilanTinggi Jayapura, Chair of the JayapuraHigh Court Jl. Tanjung Ria No. 98 Base “G” Jayapura 99117 Tel +62(0) 967 541045 / 541443

Ø Kepala KejaksaanTinggi Papua di Jayapura, Head of thePapua High Prosecutor’s Office Jl. Anggrek No.6 Tanjung RiaJayapura Tel +62 (0) 967 542764 / 541130

Ø Kepala KantorWilayah Kementrian Hukum dan HAM Propinsi Papua di Jayapura, Regional Office for the Ministry of Justiceand Human Rights, Papua province Jln. Raya Abepura No. 37, Kotaraja, Jayapura, Fax: +62 (0) 967 586112

Ø H. E. Mr. Triyono Wibowo, Ambassador Extraordinary and Plenipotentiary, Permanent Representative, PermanentMission of Indonesia to the UN Office in Geneva, Rue de Saint-Jean 16, 1203Geneva, Tel: +41 22 338 3350 , Fax: +41 22 34557 33 , Email: mission.indonesia@ties.itu.int

Please also writeto the embassies of Indonesia in your respective country.

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Geneva, 5 May2014 Kindlyinform us of any action undertaken quoting the code of this appeal in your rep