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| Dabi Kogoya ketika berada di LP Abepura (Dok. Jubi) |
23 December 2013
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INDONESIA/PAPUA NEW GUINEA: Indonesia interferes in the investigation in the death of a West Papuan activist
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INDONESIA/PAPUA NEW GUINEA: Indonesia interferes in the investigation in the death of a West Papuan activist
ISSUES: Administration of justice; extrajudicial killings; independence of judges & lawyers; right to life; right to remedy
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Dear friends,
The Asian Human Rights Commission (AHRC) has received information
regarding the death of Danny Kogoya, regional commander of the Free
Papua Movement (Organisasi Papua Merdeka, OPM), in Vanimo, Papua
New Guinea. The cause of death was reported to be liver failure due to
the presence of unusual chemical substances in his body. A Vanimo court
has classified his death as a case of murder and called for an autopsy.
However, the Indonesian state authorities intervened and prevented an
autopsy from taking place, raising the suspicion of their involvement in
Danny Kogoya's death.
CASE NARRATIVE:
According to the family of Danny Kogoya and several West Papuan
activists, Danny passed away on Sunday, 15 December, 2013, at 8:30 a.m.
in Vanimo, Papua New Guinea. Danny Kogoya arrived in Vanimo in October
2013. Danny was receiving medical treatment in Vanimo General Hospital
for his right leg which was amputated without his consent by the doctors
of a police hospital in Bhayangkara Kotaraja, Papua, Indonesia. His
leg was amputated after he was shot by Indonesian security forces at
the time of his arrest on 2 September 2012. During his time at the
police hospital, Danny was not permitted to receive visits from his
family. (Picture: Danny Kogoya. Courtesy of TAPOL)
Danny was later released, as his detention period had run out, and
stayed in Kamp Victoria at the border of Indonesia and Papua New Guinea.
He later fled to Papua New Guinea, out of fear of being re-arrested.
Apart from medical treatment for his amputated leg, the doctors in
Vanimo also tried to identify the cause of the swelling in some parts of
Danny's body. He had his blood checked four times by the hospital,
which results are claimed by the doctors to be 'complicated'. The
medical report was given to the family following Danny's death on 15
December 2013.
On 17 December 2013, Danny's family requested the Vanimo Court House
to give permission to bring Danny's body back to Indonesia so he could
be buried in West Papua. In submitting the request, the family attached
Danny's medical report issued by the Vanimo General Hospital. After
seeing the document, the Court concluded that Danny's death should be
treated as a murder. The medical report stated that Danny was suffering
from liver failure, brought on by the presence of unusual chemicals in
his body. A doctor at Vanimo General Hospital alleged that these
chemical substances were put in Danny's body when he was held at Vanimo
General Hospital. At 1 p.m. on 17 December 2013, the Court issued an
order calling for an autopsy.
A relative of Danny Kogoya was with the specialist doctor when the
autopsy was about to take place at 3 p.m. on the same day. At the same
time, four individuals met with the management of the hospital and
prevented the autopsy from taking place. Two of the four were identified
as staff of the Indonesian Consulate in Vanimo, one of whom was known
as Bapak Hari. The identity of the other two individuals is yet to be verified as is the institution they represent.
Consulate staff did not provide any reason to cancel the autopsy.
Danny's family was told that it was done 'for your sake and ours' ('biar sama-sama enak dari pihak kalian dan pihak kami')
On 19 December 2013, the Indonesian Consulate General held a meeting
with the Governor of Saundaun province of Papua New Guinea but the topic
of the meeting is not known. On 22 December 2013, a meeting was held
between the representative of Danny's family, members of the consulate
and the Papua New Guinea local authorities. The Indonesian consulate
agreed to the autopsy, but emphasised that it should be done no later
than Monday, 23 December 2013.
ADDITIONAL INFORMATION:
Danny Kogoya was the Jayapura regional commander of the OPM, an
organisation campaigning for West Papua's political independence from
Indonesia. He was arrested by Indonesian security forces on 2 September
2012. He was blamed for several attacks, one of which took place in
Nafri in 2011. Danny reportedly confessed to being responsible for these
attacks, yet his lawyer in an interview mentioned to TAPOL that Danny
was forced to confess.
Both the constitutions of Indonesia and Papua New Guinea guarantee
the right to life to everyone. According to international law, the
right to life entails the obligations of the state not only to refrain
from arbitrarily taking the life of individuals, but also to conduct
investigations into the unnatural deaths of individuals. By obstructing
the investigation of the death of Danny Kogoya, Indonesia has violated
its own constitution and its international human rights obligation.
Coupled with the presence of unusual chemical substances in Danny
Kogoya's body and a Vanimo doctor's statement that such material was put
there while Danny was in the police hospital in Jayapura, Indonesia's
interference in the investigation raised the allegation that Danny
Kogoya had been slowly poisoned to death by the Indonesian state
authorities. Previously, the Indonesian Intelligence Agency (Badan Intelijen Negara,
BIN) was involved in the murder of Said Munir Thalib, an Indonesian
human rights activist, who was poisoned with arsenic on a flight to
Amsterdam in 2004.
SUGGESTED ACTION:
Please write to the Indonesian authorities listed below, urging them to refrain from obstructing the criminal investigation called by the Vanimo Court House. Please write to the relevant authorities in Papua New Guinea, encouraging them to conduct a criminal investigation into the death of Danny Kogoya, in accordance with its law and international human rights standards.
Please write to the Indonesian authorities listed below, urging them to refrain from obstructing the criminal investigation called by the Vanimo Court House. Please write to the relevant authorities in Papua New Guinea, encouraging them to conduct a criminal investigation into the death of Danny Kogoya, in accordance with its law and international human rights standards.
The AHRC, Human Rights and Peace for Papua (ICP), Franciscans
International, TAPOL and West Papua Netzwerk have separately submitted
letters of allegation to the UN Special Rapporteur on extrajudicial
executions, summary or arbitrary executions, calling for his
intervention in this matter.
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