Fear for the safety of Mr. Yohanes Boseren, arbitrarily detained and in poor health following ill-treatment

Arbitrary detention/ Torture inpolice custody/ Lack of medical treatment/ Poor health/ Fear for safety/ Riskof impunity

The InternationalSecretariat of the World Organisation Against Torture (OMCT) requests your URGENTintervention in the following situation in Indonesia.

Briefdescription of the situation

The International Secretariat of OMCT has been informed by TAPOL, a member organisationof OMCT SOS-Torture Network, about the arbitrary detention and ill-treatment ofMr. Yohanes Boseren a 20-year-oldman. OMCT has also been informed about his poor health resulting from the ill-treatmenthe suffered under arrest and the lack of adequate medical treatment.

According to the informationreceived, on 1 May 2013 Mr. Yohanes Boseren was arrested with five other men,Oktovianus Warnares, Yoseph Arwakon, Markus Sawias, George Syors Simyapen andJantje Wamaer during a peaceful flag-raising ceremony in Biak to commemorate the50th anniversary of the administrative transfer of Papua toIndonesia in 1963. They were detained in Biak prison facing charges of treason underArticle 106[1]of the Indonesian Criminal Code and possession of ammunitions and explosivesunder the Emergency Law 12/1951. Local reports indicate that the policefabricated evidence consisting of bullets and home-made bombs in order tocharge them with these crimes.

According to the same information received,Mr. Yohanes Boseren was severely beaten under arrest causing him a traumatichead injury. On 14 November 2013, Mr. Yohanes Boseren was brought to AbepuraMental Health Hospital, where he was diagnosed with post-traumatic stressdisorder and a form of organic mental disorder due to the beatings he hadsuffered during his arrest. However, he was returned to Biak prison two dayslater.

Mr. Yohanes Boseren’s trial has beentemporarly suspended due to his condition. The Public Prosecutor reportedlystated during the hearing that they would coordinate between the prisonauthorities and doctors at Abepura Mental Health Hospital to provide medialsupplies for Mr. Yohanes Borseren. His lawyers have submitted an appeal forconsideration, reasoning that Mr. Borseren should be released from prison andgiven treatment at Abepura Mental Health Hospital due to the limited medicalfacilities in Biak prison to which the judge reportedly agreed. However, at themoment of issuing this urgent appeal, Mr. Yohanes Boseren was still detained inBiak prison.

TheInternational Secretariat of OMCT expresses its deep concern about the safetyand physical and psychological integrity of Mr. Yohanes Boseren and urgesthe competent authorities to guarantee his safety at all times by immediatelytransferring him to Abepura Mental Health Hospital where he can receiveadequate medical care.

OMCT recalls that Indonesia is legally bound toeffectively ensure the physical and psychological integrity of all personsdeprived of liberty in accordance with international human rights law, and inparticular the UN Convention against Torture and Other Cruel, Inhuman orDegrading Treatment or Punishment, the International Covenant on Civil andPolitical Rights and the UN Body of Principles for the Protection of AllPersons under Any Form of Detention or Imprisonment.

Furthermore, OMCTurges the competent authorities to carry out a prompt, effective, thorough, independent and impartialinvestigation into the allegations of ill-treatment and arbitrary arrest,in accordance with international human rights standards, the result of whichmust be made public, in order to bring those responsible before a competent,independent and impartial tribunal and apply penal, civil and/or administrativesanctions as provided by law.

OMCT also urges the Indonesian authorities to amendthe Indonesian Criminal Code to ensure that no one is prosecuted for treasonfor exercising their rights to peaceful assembly and freedom of expressionprotected under the Indonesian constitution and international law.

In this regard, OMCT recalls the concludingobservations formulated to Indonesia by the UN Human Rights Committee in 2013,notably the following one:

“In line with the Committee’s general comment No. 34,the State party should take the necessary steps to ensure that any restrictionsto the freedom of expression comply fully with the strict requirements ofarticle 19, paragraph 3, of the Covenant, as further clarified in generalcomment No. 34. The State party should ensure the enjoyment by all of thefreedom of peaceful assembly and protect protesters from harassment,intimidation and violence. The State party should consistently investigate suchcases and prosecute those responsible.”(CCPR/C/IDN/CO/1 para 28)

Action requested

Please write tothe authorities in Indonesia urging them to:

i. Guarantee, in all circumstances, the physical andpsychological integrity of Mr. Yohanes Boseren as well as of Mr. Oktavianus Warnares, Mr. YosephArwakon, Mr. Markus Sawias, Mr. George Syors Simyapen and Mr. Jantje Wamaer;

ii. Order the immediate transfer of Mr. Yohanes Boseren toa public hospital with adequate medical care;

iii. Ordertheir immediate release since their arrests appear to be solely based on thepeaceful exercise of their rights to freedom of expression and peacefulassembly;

iv. Carry out a prompt,effective, thorough, independent and impartial investigation into theallegations of torture, in accordance with international human rightsstandards, theresult of which must be made public, in orderto bring those responsible before acompetent, independent and impartial tribunal and apply penal, civil and/oradministrative sanctions as provided by law;

v. Ensure that adequate,effective and prompt reparation, including adequate compensation andrehabilitation, is granted to Mr. Yohanes Boseren;

vi. 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 with appropriatepenalties 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:+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 LembagaPemasyarakatan Biak, Biak PrisonJl Condronegoro Samofa, Biak, Tel +62 (0) 981 25715

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 Komisi JudisialRepublik Indonesia di Jakarta, Chair ofthe Judicial Commission, Jl. Abdul Muis No. 8 Gedung ITC Lantai 5Jakarta 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.

***

Geneva, 9December 2013

Kindly inform usof any action undertaken quoting the code of this appeal in your reply.

[1] Article 106 comprises vagueterms enabling the authorities to sentence persons to life imprisonment - amaximum of twenty years imprisonment - for any attempts undertaken with theintent of bringing the territory of the state wholly or partially under foreigndomination or to separate parts thereof.