Andawat– The practice of torture is still difficult to avoid by the police when they arrest the civilian. At least that is what happened in Sasawa Village Kosiwo district Yapen Waropen regency in early February 2014. The same conduct also occurred in Wara Village Pisugi distric Jayawijaya regency in July 12, 2014.
In Wara village, at around 4 a.m., the combined of military and police officers came and conducted searching in that village. 13 (thirteen) people arrested without clear accusation. Initially, there was info that those captured people would boycott the presidential election on behalf of KNPB group. It did not proven, however, since the presidential election was running safely. Then, they were accused of making explosives. Those 13 people are: Yosep Siep, Karlos Alua, Saulus Sorabut, Pius Sorabut, Yance Walilo, Yos Pahika, Yorasam Sorabut, Wilem Hubi, Anas Walilo, Marsel Marian, Ardis Wilil, Aila Alua, and Beni Wilil. Afterwards at 9 a.m. police arrested 5 other people. When they were arrested, the police did not provide arrest warrants.
Not only arrested those alleged people, the officers also destroyed the belongings of the villagers. They destroyed 15 pieces of ready-to-sell nokens (Papua’s traditional woven bag) which is made by Josep Siep’s family, wounded villagers’ pigs, and spilled one sacked of rice belongs to Josep Siep’s family. Furthermore, the officers also threatened to burn Josep Siep and Yance Walilo’s houses.
Josep Siep’s wife was beaten on her ear until her hearing damaged. The same fate experienced by Mrs. Ape Wetipo whose chin was beaten until she cannot eat normally. Yance Walilo’s wife was forced out of her honai (Papua’s traditional house) that had been destroyed by the officers and told to sit astride in front of her honai.
Those who have been arrested were not humanely treated; their hands were tied with rope connected to each other and dragged in the gutter until the main road to ride Strada car. The 5 people who arrested later also get the same treatment. Their necks and hands were tied with nylon rope connected to each other so that if one person falls, the other would also fall. They were beaten with rifle butts, as experienced by Marian Ibrahim until he fainted and then thrown away into the gutter by the officers. The same fate also experienced by Yeri Walilo who was beaten many times around his ears until his hearing was damaged. A member of Brimob kicks Novi Alua many times in the chest. There was also a person who was threatened to be cut with a bayonet.
They were taken and examined in Jayawijaya police resort in Wamena while still being tortured. Questions were asked interspersed with punches and boots kicks. Some people were also received electric shocks. Police hit their big toe, head and spinal with a hammer. Moreover, one person suffered ribs’ fracture as a result of being hit with a hammer. He is now receiving traditional medical treatment in his village. In the fourth day, those 13 (thirteen) people were sent home and the police set 5 (five) people as suspects namely Josep Siep, Jali Walilo, Ibrahim Marian, John Marian dan Marcel Marian.
Their grief was not over yet, because of the family’s right to visit and deliver foods was very limited. Sometimes, the delivered foods were left for hours in the custody of prisoners and families who come were not treated humanely. Until now, they are still in Jayawijaya police resort’s jail. On August 27, 2014, the family asked AIDP to closely assist their case.
They have been charged with Article 187 Paragraph (1) of Criminal Law, subsidiary Article 187 subsidiary codicil paragraph (1) of Criminal Law, with more subsidiary article 187 of Criminal Law and Article 164 of Criminal Law. The primary allegation is in article 187 paragraph (1) of Criminal Law about explosions, the full text of the article as follows:
“Anyone who intentionally causing fires, explosions or floods, are punishable by a maximum imprisonment of twelve years, if due to the above-mentioned actions arising out common danger for goods..”
Legal expert S.R. Sianturi, S.H., in his book titled Tindak Pidana di KUHP Berikut Uraiannya explained that criminal offense that contained in Article 187 paragraph (1) of Criminal Law is intentionally crime which only includes actions such as deliberately make fire, deliberately make explosion, or intentionally cause flooding. But until now, the police have not clearly explained the suggestion of explosives deliberately possessed by Josep Siep and his friends, or description about conspiracy to commit one of the crimes referred to in Article 187 and Criminal Law 187 codicil (vide article 187 ter Criminal Law).