17 July 2021
The Violence Continues: Cruel Treatment by Military Perpetrators, Shooting of Yosep Komagua in Kanami Village, Asgon District, Mappi Region, Papua Province
On 16 July 2021, at 15.40 WIB (Western Indonesia Time), a TNI soldier named Syarifudin (or Saryfudin), who is stationed at the Asgon district Babinsa Ramil Post, Koramil 1707/Kepi, shot a Papuan civilian named Yosep Kamogou Samogoi (26 years old) in Kanami village, Asgon District, Mappi Region.
Based on a statement by the victim’s relative, Syarifudin had been beating Anes Samogaoi (the victim’s brother) who then collapsed. The victim was shot by a firearm when he attempted to help Anes. Two shots were heard: the first shot did not hit the victim, the second shot hit the victim’s left thigh, causing serious injury. Aside from being a member of the TNI, the community is aware that Syarifudin also has business interests in the local agarwood industry. Both victims worked as agarwood gatherers.
At this time, the victim Yosp Kamogou is being treated at the Mappi District Hospital. The victim’s family hopes that law enforcement officials will take immediate action to arrest and process the perpetrator, provide fair legal sanction, and that the victim’s health and rights can be restored.
The state apparatus’ (TNI-Polri, Armed Forces/Police) violent approach is an ongoing problem in Papua. In 2020, Marius Betera died as a result of violence by the Boven Digoel police. A few months later, Oktovianus Betera also died from violence carried out by the Border Security Taskforce (Satgas Pamtas) at Boven Digoel. There is no available information on the progress of legal action against the perpetrators involved in these two incidents. The state apparatus tends to cover up violence by intimidating victims’ families, such as by guarding their residences, or by guarding the clinic or hospital where a victim is treated or by vising the family and telling them not to go public about the case.
These violent acts against Yosep Kamagou and Anes Samogoi were human rights violations, as the use of firearms meant deploying lethal force. Under current laws and regulations, the military (TNI) have no law enforcement powers, adding further proof of guilt for the perpetrator’s actions against the two victims, Yosep Kamagou and Anes Samogoi, particularly if the perpetrator undertook these actions to protect his own local business interests.
Indonesia has ratified the International Covenant on Civil and Political Rights (ICCPR), the Convention Against Torture (CAT), and has a range of human rights regulations that provide for the protection that “every individual has the right to life and no one shall be arbitrarily deprived of that right to life, or experience torture, or arbitrary actions by the State”.
Regarding this incident, we therefore condemn the actions of the state officials who carried out these acts of violence, torture, and any act which degrades a person’s dignity, threatens or takes a person’s life.
We urge the authorities to:
- Take firm action against the perpetrators in accordance with current laws and regulations so that perpetrators are brought before a civil court to be tried and punished.
- Stop intimidating victims and victims’ families who are undergoing treatment and demanding justice, by monitoring or guarding health facilities and homes.
- End legal impunity for perpetrators, and be transparent about the handling of law enforcement cases by providing information on the development of cases to families and the public.
- Guarantee the provision of recovery for all victims, and provide a sense of security for all residents in the area where the incident occurred.
- Put a stop to security business practices run by the security services in Papua, which often serve to intimidate and create fear in the community.
This joint statement is endorsed and signed by:
- AMAN Malamoi
- AMAN Sorong Raya
- Amnesti International Indonesia
- Asia Justice and Rights
- Babeoser Bikar
- Elsham Papua
- Federasi KontraS
- FIM (Forum Independen Mahasiswa) Papua
- FIMTCD (Forum Intelektual Muda Tambrauw Cinta Damai)
- Fraksi Rakyat Indonesia
- Greenpeace Indonesia
- GARDA (Gerakan Rakyat Demokratis) Papua
- KIPRa Papua
- KPKC Sinode GKI di Tanah Papua
- LBH Papua
- LP3BH Manokwari
- Make West Papua Safe Campaign
- PAHAM Papua (Perkumpulan Advokat HAM Papua)
- Paritas Institute
- Perkumpulan Belantara Papua
- Perkumpulan Panah Papua
- Teraju Foundation
- Veronica Koman
- WALHI Papua
- Yayasan Keadilan dan Keutuhan Manusia Papua
- Yayasan Pusaka Bentala Rakyat
- Yayasan Satu Keadilan
Email: [email protected]