a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings
There were numerous reports that security officials committed arbitrary or unlawful killings. Many of these reports related to security forces’ counterinsurgency operations against armed separatist groups in Papua and West Papua (see section 1.g.).
In many cases of alleged extrajudicial killings, police and the military did not conduct any investigations and, when they did, failed to disclose either the fact or the findings of these internal investigations. Official statements related to abuse allegations sometimes contradicted nongovernmental organization (NGO) accounts, and the frequent inaccessibility of areas where violence took place made confirming facts difficult.
The Commission for Disappeared and Victims of Violence (KontraS), a local NGO, reported 16 deaths due to alleged torture and other abuse by security forces between June 2020 and May 2021. KontraS also reported 13 deaths attributable to police shootings in the same period. On January 8, the National Commission on Human Rights released its report on the December 2020 police shootings of six members of the Islamic Defenders Front (see also section 2.b.) on the Jakarta-Cikampek toll road in West Java Province. The commission found that police unlawfully killed four front members who were already in police custody and labelled the killings a human rights violation. In April a police spokesperson stated that three police officials from the Mobile Reserve Unit of the Greater Jakarta Metropolitan Regional Police had been named as suspects and were being investigated, noting that one of the three had died in an accident in January. On August 23, media reported the filing of charges against the two suspects in the East Jakarta District Court.
On April 25, Baubau City Police in Southeast Sulawesi Province arrested Samsul Egar on suspicions of involvement in drug trafficking. According to media reports, police chased Egar; after he was captured, he was seen handcuffed on the ground and unconscious. Egar was brought to a hospital where he was declared dead. Human rights organizations reported Egar had bruises on his body. Police allegedly did not tell Egar’s family they believed he was a drug trafficker until 28 days after his death. As of September 10, there was no indication that authorities had investigated the report or taken action against the officer involved.
On August 31, the Balikpapan District Court of East Kalimantan Province began the trial of six Balikpapan City Police officers charged with abuses resulting in the 2020 death of Herman Alfred, a 39-year-old man accused of stealing a phone. The six officers were removed from duty in February when they were named as suspects in the case. According to prosecutors, Alfred was arrested on December 2, and brought to the Balikpapan police station. The six officers allegedly physically abused him while in custody, inflicting injuries that led to his death. As of September 10, the trial of the six officers was ongoing.
There were also multiple reports of killings outside of Papua and West Papua by terrorist groups. The government investigated and prosecuted all such killings.
For example, media and the government reported that the East Indonesia Mujahedeen group was responsible for the May 11 killing of four farmers, reportedly all Christians, in Poso Regency, Central Sulawesi Province. The same group was accused of killing four residents of Sigi Regency, Central Sulawesi, in November 2020. As of October, security force operations seeking to apprehend members of the group continued. On September 18, security forces killed the group’s leader, Ali Kalora, in a firefight.
On March 28, two suicide bombers attacked the Sacred Heart of Jesus Catholic cathedral, in Makassar, South Sulawesi Province, killing both assailants and injuring 20 bystanders. The attack occurred during a Palm Sunday mass. Police identified the two bombers as part of Jamaah Ansharut Daulah, a terrorist organization responsible for the 2018 bombings of three churches in Surabaya, East Java Province. As of May 19, a police spokesperson told the media that 53 persons had been detained and named as suspects in connection with the bombing.
Outside Papua and West Papua (see section 1.g.) there were no reports of disappearances by or on behalf of government authorities. The government and NGOs reported little progress in accounting for persons who previously disappeared, including disappearances that occurred when Timor-Leste was still part of Indonesia. NGOs reported little progress in prosecuting those responsible for such disappearances and noted many officials suspected of being involved in disappearances continued to serve in the government (see section 1.c.).
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The constitution prohibits such practices. The law criminalizes the use of violence or force by officials to elicit a confession, but no law specifies or defines “torture.” Other laws, such as on witness and victim protection, include antitorture provisions. Officials face imprisonment for a maximum of four years if they use violence or force illegally.
NGOs made numerous reports of police and security forces using excessive force during detention and interrogation, with some cases resulting in death (see section 1.a.).
National police and the military maintained procedures to address alleged torture. All police recruits undergo training on the proportional use of force and human rights standards. In cases of alleged torture (and other abuse), police and the military typically conducted investigations but often did not publicly disclose either the fact or the findings of these internal investigations. Official statements related to abuse allegations sometimes contradicted NGO accounts, and the frequent inaccessibility of areas where violence took place made confirming facts difficult. NGOs and other observers criticized the short prison sentences often imposed by military courts in abuse cases involving civilians or actions by off-duty soldiers.
KontraS reported 166 injuries from alleged torture and other abuse by security forces between June 2020 and May 2021. KontraS also reported 98 persons injured in police shootings during the same period. KontraS noted there had been a decrease in police violence cases compared with previous years but attributed the decrease to the COVID-19 pandemic rather than reforms in police behavior.
On May 25, a uniformed solider, Joaquim Parera, assaulted an employee of a gas station in East Nusa Tenggara Province. The employee refused to provide service to Parera because he had cut in line. The assault was filmed, and the video was spread widely online. A mediation session between Parera and the victim was held and the military reported the dispute had been settled peacefully. The military also stated that Parera could still face a military tribunal, but as of November 24 there were no updates on whether Parera faced punishment for the incident.
On June 22, police detained a 20-year-old man, Yohan Ronsumbre, on suspicion of theft in Biak Numfor Regency, Papua Province. NGOs reported that during the detention police officers attempted to force Ronsumbre to confess by punching him and pouring boiling water on his right arm. Ronsumbre’s lawyers reported the incident to police, the national Ombudsman, and the National Commission on Human Rights. In July a police representative told media they were investigating the incident. As of November 24, there was no update on the investigation or action taken against the officers involved.
On August 19, two soldiers from the 1627/Rote Ndao District Military Command in East Nusa Tenggara Province physically abused a 13-year-old boy who they suspected of stealing a mobile phone from one of the soldiers. The soldiers beat the boy, burned him with cigarettes, and burned his genitals with a candle. On August 23, the two soldiers were arrested by military police and were reportedly under investigation for the incident.
Aceh Province has special authority to implement sharia regulations. Authorities there carried out public canings for violations of sharia in cases of sexual abuse, gambling, adultery, alcohol consumption, consensual same-sex conduct, and sexual relations outside of marriage. Sharia does not apply to non-Muslims, foreigners, or Muslims not resident in Aceh. Non-Muslims in Aceh occasionally chose punishment under sharia because it was more expeditious and less expensive than secular procedures. For example, in February three non-Muslims convicted of illegal possession of alcohol requested punishment under sharia and each received 40 lashes. One of those punished publicly stated he did so to avoid a lengthy prison sentence.
Canings continued to occur in public spaces despite the Aceh governor’s 2018 order that they should be executed only in prison facilities. Individuals sentenced to caning may receive up to 100 lashes for each crime for which they were convicted, depending on the crime and prison time served.
NGOs reported that some female police and military recruits were subjected to invasive virginity testing as a condition of employment, which activists claimed were painful, degrading, discriminatory, and frequently inaccurate. The law does not require such testing, but some police and military regulations include the testing in their recruitment process, leading to inconsistent application across the country. Media reported that, per regulation, fiancees of military personnel were sometimes subjected to this testing. In June the army issued a technical regulation eliminating virginity testing for recruits and fiancees – the status of this testing for the navy and air force remained unclear.
In December 2020 President Widodo signed a government regulation on chemical castration and the use of tracking devices for individuals convicted of sexual abuse of children. The regulation allows chemical castration and electronic tracking for a maximum of two years after offenders are released from prison.
Security force impunity remained a problem. Members of the army special forces’ Rose Team, which was involved in the kidnapping, torture, and killing of students in 1997-98, continued to serve as senior officials in the government despite being convicted and serving prison sentences for their involvement in these abuses. On August 12, President Widodo awarded the nation’s third-highest civilian honor to Eurico Guterres, an alleged former pro-Indonesia militia leader in East Timor. In 2002 Guterres was convicted and sentenced to 10 years in prison for crimes against humanity for his involvement in mass violence and killings in East Timor prior to its independence in 1999. In 2008, however, the Supreme Court overturned the convictions of Guterres and all others convicted on such charges.
Internal investigations undertaken by security forces were often opaque, making it difficult to know which units and actors were involved, especially if they occurred in Papua or West Papua. Internal investigations were sometimes conducted by the unit accused of the abuses, or in high-profile cases by a team sent from police or military headquarters in Jakarta. Cases involving military personnel could be forwarded to a military tribunal for prosecution or, in the case of police, to public prosecutors. These trials lacked transparency, and the results were not always made public. Victims or their families may file complaints with the National Police Commission, National Commission on Human Rights, or National Ombudsman to seek an independent inquiry into the incident. The lack of transparent investigations and judicial processes continued to hamper accountability in multiple past cases involving security forces. NGOs continued to advocate for investigations and judicial resolution of historical cases of security force involvement in killings and disappearances that date back to 1965.
Prison and Detention Center Conditions
Conditions in the country’s 526 prisons and detention centers were often harsh and sometimes life threatening, due especially to overcrowding.
Physical Conditions: Overcrowding was a serious problem, including at immigration detention centers. According to the Ministry of Law and Human Rights, as of July there were 271,231 prisoners and detainees in prisons and detention centers designed to hold a maximum of 132,107. Overcrowding posed hygiene and ventilation problems. The degree of overcrowding varied at different facilities. Minimum- and medium-security prisons were often the most overcrowded; maximum-security prisons tended to be at or below capacity. On September 8, a fire at the Tangerang Level I Prison in Banten Province killed 49 inmates. Media reported that the fire occurred in a cell block designed for 38 inmates but that held 122.
From the beginning of the COVID-19 pandemic in early 2020 to September 2021, concern about the rapid spread of COVID-19 in prisons led officials to grant early releases to nearly 70,000 prisoners. This mass sentence reduction, however, did not apply to inmates convicted for “political crimes,” such as Papuan and Moluccan activists.
By law prisons are supposed to hold those convicted by courts, while detention centers hold those awaiting trial. Most prisons have two facilities on the same compound, one designed for pretrial detainees and one for convicted prisoners. Persons held at the two facilities did not normally mix. At times, however, officials held pretrial detainees together with convicted prisoners due to overcrowding.
By law children convicted of serious crimes serve their sentences in juvenile prison, although some convicted juveniles remained in the adult prison system despite efforts to end this practice.
Authorities generally held female prisoners at separate facilities. In prisons with both male and female prisoners, female prisoners were confined in separate cellblocks. According to NGO observers, conditions in prisons for women tended to be significantly better than in those for men. Women’s cellblocks within prisons that held prisoners of both genders, however, did not always grant female prisoners access to the same amenities, such as exercise facilities, as their male counterparts.
NGOs noted authorities sometimes did not provide prisoners adequate medical care. Human rights activists attributed this to a lack of resources.
International and local NGOs reported that in some cases prisoners did not have ready access to clean drinking water. There were widespread reports the government did not supply sufficient food to prisoners, and family members often brought food to supplement relatives’ diets.
Guards in detention facilities and prisons regularly extorted money from inmates, and prisoners reported physical abuse by guards. Inmates often bribed or paid corrections officers for favors, food, telephones, or narcotics. The use and production of illicit drugs in prisons were serious problems, with some drug networks basing operations out of prisons.
Administration: The law allows prisoners and detainees to submit complaints to authorities without censorship and to request investigation of alleged deficiencies. Complaints are submitted to the Ministry of Law and Human Rights where they were investigated and were subject to independent judicial review.
Independent Monitoring: Some NGOs received access to prisons but were required to obtain permission through bureaucratic mechanisms, including approval from police, attorneys general, courts, the Ministry of Home Affairs, and other agencies. NGOs reported authorities rarely permitted direct access to prisoners for interviews and that health restrictions implemented to prevent the spread of COVID-19 had further impeded their ability to monitor prison conditions. There was no regular independent monitoring of prisons.
d. Arbitrary Arrest or Detention
The law prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court. The government generally observed these requirements, but there were notable exceptions.
Arrest Procedures and Treatment of Detainees
Security forces must produce warrants during an arrest. Exceptions apply, for example, if a suspect is caught in the act of committing a crime. The law allows investigators to issue warrants, but at times authorities, especially police from the Criminal Investigation Department, made questionable arrests without warrants.
By law suspects or defendants have the right to contact family promptly after arrest and to legal counsel of their choice at every stage of an investigation. Legal aid organizations reported numerous cases in which they had difficulty accessing detainees, especially if physical or other abuse during or after the arrest was discovered or alleged when access was granted.
Court officials are supposed to provide free legal counsel to all persons charged with offenses that carry the death penalty or imprisonment for 15 years or more, and to destitute defendants facing charges that carry a penalty of imprisonment for five years or more. Such legal resources were limited, however, and free counsel was seldom provided. Additionally, NGOs reported that some police and prosecutors maintained a “pocket lawyer” who could be called in to provide a pro forma defense for their clients.
Suspects can only be detained for 110 days before charges must be filed; however, in special circumstances that period can be extended to 170 days, and in terrorism cases the period can be extended to 290 days. During an investigation police can detain suspects for 20 days but then must seek an extension of detention from public prosecutors, which can be granted for an additional 40 days. NGOs reported numerous cases in which investigators’ requests to extend detention did not contain information required under the law, such as the details of the alleged crime and a citation of relevant law. Following the 60 days of detention allowed for police investigation, prosecutors can continue detention for 20 days for prosecutorial investigation and request an additional 30 days of detention from a judge. Detention can be extended another 60 days if the suspect has severe mental illness or is suspected of a crime carrying a punishment of nine years or more in prison. In terrorism cases, police may detain a suspect for 21 days before naming them as a suspect or having to seek an extension from public prosecutors. Prosecutors can extend pretrial detention of terrorism suspects up to a total of 240 days, or up to a total of 290 days with approval from the chief magistrate of the district court.
There is no system of bail; however, detainees can request a suspension of detention, which can be granted by investigators, prosecutors, or judges. Additionally, detainees may challenge their arrest and detention by petitioning for a pretrial hearing. According to the law, a judge must begin the pretrial hearing within three days of receipt of the application and render a decision within seven days after the beginning of the hearing. Some defense lawyers indicated reluctance to request these suspensions, since sometimes the paperwork their clients must sign as a condition of release include language that can be interpreted as an admission of guilt.
Lack of legal resources was particularly problematic for persons involved in land disputes. Local government officials and large landowners involved in land grabs reportedly accused community activists of crimes, hoping the resulting detentions or arrests and the community’s lack of legal and financial resources would hamper efforts to oppose the land grab.
Arbitrary Arrest: There were reports of arbitrary arrests by police, primarily by the Criminal Investigation Department and the Mobile Brigade Corps. There were multiple media and NGO reports of police temporarily detaining persons for criticizing the government, participating in peaceful demonstrations, and other nonviolent activities.
In February for example, police detained three members of the Dayak indigenous community in East Kutai Regency, East Kalimantan Province, for surveying assets on land in dispute between the Dayaks and a palm oil company, PT Subur Abadi Wana Agung. The three were released the next day. NGOs criticized the detentions as an attempt to criminalize the community’s efforts to defend their land rights.
NGOs reported numerous cases of arbitrary arrest across the country, with numerous cases in Papua and West Papua and in connection with political protests and property disputes. Most of those detained in such cases were released within 24 hours.
Pretrial Detention: The legal length of pretrial detention depends on factors such as whether the suspect is a flight risk or a danger or is charged with certain crimes. The maximum period of pretrial detention is 170 days for most suspects, 290 days for terrorism suspects. If convicted, time in pretrial detention is counted against the sentence. Media reported, however, cases in which suspects were detained longer than allowed by law, in some cases – especially of low-level crimes with sentences less than a year – resulting in immediate release of persons found guilty because the time served in pretrial detention equaled or exceeded their sentence. Terrorism suspects are governed by special rules. The government did not report the number of individuals in pretrial detention.
e. Denial of Fair Public Trial
The law provides for an independent judiciary and the right to a fair public trial, but the judiciary remained susceptible to corruption (see section 5) and influence from outside parties, including business interests, politicians, the security forces, and officials of the executive branch.
In March the Corruption Court sentenced former secretary of the Supreme Court, Nurhadi Abdurrachman, to six years in prison and a substantial fine, for receiving bribes worth nearly 50 billion rupees (IDR) ($3.5 million) to influence cases appearing before the Supreme Court.
Decentralization created difficulties for the enforcement of court orders, and at times local officials ignored them.
Four district courts are authorized to adjudicate cases of systemic gross human rights violations upon recommendation of the National Human Rights Commission. None of these courts, however, has heard or ruled on such a case since 2005.
Under the sharia court system in Aceh, 23 district religious courts and one court of appeals hear cases. The courts usually heard cases involving Muslims and based their judgments on decrees formulated by the local government rather than the national penal code.
The constitution provides for the right to a fair trial, but judicial corruption and misconduct hindered the enforcement of this right. The law presumes defendants are innocent until proven guilty, although this was not always respected. Defendants are informed promptly and in detail of the charges at their first court appearance. Although suspects have the right to confront witnesses and call witnesses in their defense, judges may allow sworn affidavits when distance is excessive or the cost of transporting witnesses to the court is too expensive, hindering the possibility of cross-examination. Some courts allowed forced confessions and limited the presentation of defense evidence. Defendants have the right to avoid self-incrimination. The prosecution prepares charges, evidence, and witnesses for the trial, while the defense prepares their own witnesses and arguments. A panel of judges oversees the trial and can pose questions, hear evidence, decide on guilt or innocence, and impose punishment. Both the defense and prosecution may appeal a verdict.
The law gives defendants the right to an attorney from the time of arrest and at every stage of investigation and trial. By law indigent defendants have the right to public legal assistance, although they must prove they have no funds for private legal assistance. NGOs reported that defendants in many areas of the country do not have access to legal assistance due to the lack of legal aid organizations in those areas. Where they existed, their legal staffs were often too small to represent all indigent defendants. There were, consequently, numerous cases in which defendants faced trial without counsel. Defendants facing offenses that carry the death penalty or imprisonment for 15 years or more are required to have legal counsel; however, NGOs reported cases in which the legal counsel provided to these defendants was associated with the prosecution. All defendants have the right to free interpretation. In some cases, procedural protections were inadequate to ensure a fair trial. With the notable exceptions of sharia court proceedings in Aceh and some military trials, trials are public.
Political Prisoners and Detainees
NGOs estimated that as of July, seven political prisoners from Papua and West Papua were incarcerated, either awaiting trial or after being convicted under treason and conspiracy statutes, including for the display of banned separatist symbols. Additionally, eight Moluccan political prisoners remained in prison, according to NGOs.
According to Amnesty International, a small number of the 188 Papuans detained between January and July for participating in peaceful protests were charged with treason or other criminal offenses.
On February 10, environmental activists Samsir and Syamsul Bahri were arrested by the Tanjung Pura Police in Langkat Regency, North Sumatra for an alleged assault in December 2020. On May 31, the two were sentenced to two months in prison. NGOs claimed that the accusations made against the activists were false and meant to criminalize the two activists and thereby impede their efforts to rehabilitate mangroves in the area.
On May 9, security forces arrested Victor Yeimo, spokesperson for the pro-independence National Committee for West Papua in Jayapura, Papua Province. Lawyers for Yeimo reported he was arrested without a warrant and moved to the Mobile Brigade Corps’ detention center without notification to his lawyers. On August 30, the Jayapura District Court rejected Yeimo’s pretrial challenge to detention on the grounds of his unprocedural arrest. Yeimo was charged with criminal conspiracy, incitement, and treason for his alleged involvement in violent antiracism protests in Papua and West Papua Provinces in 2019. NGOs alleged that the charges against Yeimo were a baseless attempt to silence nonviolent advocacy for Papuan separatism. NGO requests for his release on health grounds were rejected. His hospitalization, however, delayed the start of his trial, and as of November 24, the trial had yet to begin.
On July 22, the East Jakarta District Court sentenced Roland Levy and Kevin Molama, two members of the Papuan Student Alliance, to five months in prison minus time served for assaulting another Papuan student. Police arrested the two activists on March 3 at a student dormitory in Jakarta. NGOs claimed the charges against the two were a fabricated attempt to disrupt the activists’ efforts.
Local activists and family members generally were able to visit political prisoners, but authorities held some prisoners on islands far from their families.
Civil Judicial Procedures and Remedies
Victims of human rights abuses may seek damages in the civil court system, but widespread corruption and political influence limited victims’ access to justice.
Property Seizure and Restitution
An eminent domain law allows the government to expropriate land for the public good, provided the government properly compensates owners. NGOs accused the government of abusing its authority to expropriate or facilitate private acquisition of land for development projects, often without fair compensation.
Land access and ownership were major sources of conflict. Police sometimes evicted those involved in land disputes without due process, often siding with business-related claimants over individuals or local communities.
In January the Ministry of Agrarian Affairs and Spatial Planning launched an electronic land certificate program to register land claims across the country. Stated goals of the program included reducing the number of land disputes by making it more difficult to falsify land deeds.
On January 5, President Widodo held a virtual ceremony where he announced the distribution of 584,407 land certificates (i.e., titles) to demonstrate the government’s commitment to addressing land disputes. The Ministry of Agrarian Affairs reported that in 2020 it had issued 6.8 million land certificates across the country.
On January 29, the Ministry of Energy and Natural Resources announced an agreement with PT Tambang Mas Sangihe allowing the company to expand its operations on Sangihe Island, North Sulawesi Province. In June the Save Sangihe Island movement, made up of local community members, filed a lawsuit against the agreement, arguing it had been made without a proper evaluation of environmental impact, without consultation with the local community, and in violation of several other laws.
On March 4, five UN special rapporteurs and a team of independent experts sent a letter highlighting human rights abuses associated with the Mandalika tourism project on the island of Lombok, West Nusa Tenggara Province. The Mandalika project was managed by the Indonesia Tourism Development Corporation, a state-owned enterprise, and was designated a priority project by the government; the land confiscated was designated a Special Economic Zone. The United Nations and NGOs reported the project was associated with numerous claims of land grabbing, forced evictions, and police and unknown actors threatening and intimidating residents. Local activists were also detained and sentenced for creating “disturbances.”
On March 17, an armed group forcibly evicted residents of Pancoran Buntu II in Jakarta. The residents were evicted from land subject to a court case with PT Pertaminia Training and Consulting, a subsidiary of a state-owned enterprise. During the incident, 28 residents suffered injuries, including broken bones, lacerations, and breathing difficulties due to tear gas. Human rights organizations reported that police in the area did nothing to stop the armed group.
f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence
The law requires judicial warrants for searches except in cases involving subversion, economic crimes, and corruption. Security forces generally respected these requirements. The law also provides for searches without warrants when circumstances are “urgent and compelling.” Police throughout the country occasionally took actions without proper authority or violated individuals’ privacy.
NGOs claimed security officials occasionally conducted warrantless surveillance on individuals and their residences and monitored telephone calls.
The government developed Peduli Lindungi (Care Protect), a smartphone application used to track COVID-19 cases. Government regulations sought to stop the spread of the virus by requiring individuals entering public spaces like malls to check in using the application. The application also stores information on individuals’ vaccination status. NGOs expressed concerns about what information was gathered by the application and how this data was stored and used by the government.
g. Other Conflict-related Abuse
The eastern provinces of Papua and West Papua are home to separatist movements advocating the creation of an independent state. The most well-known armed separatist group is the Free Papua Movement (Organisasi Papua Merdeka or OPM), which has been responsible for hundreds of attacks on government officials and civilians since the 1970s. The government has attempted to suppress these separatist movements primarily through a large military and police presence in the two provinces, and through a “special autonomy” status granted to the region in 2002 and revised in July. The most controversial provision of the revised autonomy law allows the central government to divide Papua Province into several smaller provinces without local legislative approval. Additionally, the revision provides for increased budgetary support for the Papuan region, but critics claimed these provisions also establish greater central government control of development and could further increase inequality. There were numerous reports of government and OPM forces engaging in killings, physical abuse and excessive force, and other abuses.
Killings: Restrictions on independent press and NGOs in the area, and on visits by international investigators, made it difficult to determine the authenticity of reports of, or to attribute responsibility for, killings in Papua and West Papua. The government and separatist groups often provided conflicting accounts about responsibility for a killing and whether the victim was a civilian or a combatant. The Armed Conflict Location and Event Data Project reported a total of 59 fatalities in Papua and West Papua from January 1 to September 3, with 31 deaths caused by armed exchanges between separatist and government forces, 25 deaths caused by violence directed at civilians by separatist or government forces, and three deaths caused by riots or mob violence. KontraS reported that government forces had been involved in 16 cases of armed violence from January to July 29 resulting in 10 deaths, 17 injuries, and 73 arrests.
On February 15, security forces in Intan Jaya Regency, Papua, killed three brothers, Janius, Soni and Yustinus Bagau. The brothers were detained during joint police-military operations in the region following the killing of a soldier by members of an armed separatist group. Human rights organizations stated the brothers were physically abused and then killed while in government custody at a local clinic. The government reported the three were shot after attempting to escape and seize weapons from their guards. The government also stated that the brothers were members of an armed separatist group. As of November 24, there were no reports of a government investigation into the incident.
On March 6, soldiers from the 715/MTL Raider Infantry Battalion fatally shot Melianus Nayagau, a 17-year-old student, in Intan Jaya Regency, Papua. Military officials stated that Nayagau was a member of an armed separatist group, while his family and human rights organizations maintained he was a civilian and that his death constituted an extrajudicial killing. Media reported that military forces killed Nayagau’s father in February 2020. As of November 24, there was no indication authorities had investigated the incident.
Media reported that on April 9, two soldiers dressed in civilian clothing belonging to the RK 762/VYS Infantry Battalion dragged Moses Yewen to a military post in Tambrauw Regency, Papua Province, and beat him after he asked to see their identification. On May 7, Yewen died, with some local politicians and human rights activists attributing his death to his beating a month prior and the lack of proper medical attention. Before his death Yewen reported the incident to the military police, but as of November 24 there were no reports of an investigation into the incident.
Investigations into some past high-profile cases of security force killings in Papua and West Papua continued. The investigation into the September 2020 killing of a Christian pastor, Yeremia Zanambani, in Intan Regency, Papua, was ongoing when, on June 5, an autopsy was conducted on Yeremia’s body. Military officials maintained that separatists killed Yeremia, while the National Commission on Human Rights and other human rights organizations stated that Yeremia’s death was an extrajudicial killing by members of the Hitadipa District Military Command.
In December 2020 the military named nine soldiers from the 1705/Paniai District Military Command and PR433/Julu Siri Infantry Battalion as suspects in the April 2020 killing of Luther and Apinus Zanambani while in military detention in Intan Jaya Regency, Papua. As of November 24, however, there was no update on the investigation.
Media and government sources reported Papuan armed separatist groups’ killing of civilians. On January 30, separatist forces killed Boni Bagau in Intan Jaya Regency, Papua. According to media reports, the attackers suspected the victim was a military and police spy. In the days following the killing, police officials received a letter, purportedly from OPM, calling for “open war” in Papua. On April 8-9, separatist forces killed two teachers and burned several school buildings in Puncak Regency, Papua. An alleged spokesman for militants claimed that the teachers were armed, undercover security personnel. On August 22, six armed separatists killed two workers building the Trans-Papua Highway in Yahukimo Regency, Papua.
Physical Abuse, Punishment, and Torture: Human rights organizations and media reported security forces in Papua and West Papua often used excessive force on civilians and physically abused persons in detention.
In December 2020 police arrested 13 activists from the pro-independence National West Papua National Committee in Merauke, Papua Province. Kristianus Yandum, one of the detained activists, was rushed to hospital from detention on February 8 and died on February 27. The West Papua National Committee stated Kristianus’ death was a result of physical abuse by police during his detention.
On July 28, two air force personnel forcibly restrained Steven Yadohamang, a deaf, indigenous Papuan man, in Merauke, Papua Province, with one of the officials pinning the man’s head to the ground with his boot. A video of the incident spread widely online. Military and government officials apologized for the use of excessive force and removed the commander of the Johanes Abraham Dimara Air Base in Merauke for failure to supervise his subordinates. An air force spokesperson stated the two officers would be tried in military court. As of November 24, there was no update on the status of trial.
Other Conflict-related Abuses: Separatist forces have publicly called for nonindigenous Papuans to leave Papua and West Papua. In June a spokesperson for OPM stated that migrants from other parts of the country should immediately leave Puncak, Intan Jaya, and Nduga Regencies to escape the violence there or be prepared to “bear the risk” of staying. In September the OPM spokesperson appealed to migrants from other parts of the country to immediately leave Sorong city in West Papua, which the spokesperson stated had become a war zone between government and separatist forces. These statements, as well as the ongoing violence displaced thousands of residents (see section 2.e.).
On August 16, protesters gathered in Yahukimo Regency, Papua Province, to protest the arrest of Victor Yeimo (see section 1.e.) and the extension and revision of special autonomy for Papua. NGOs reported that police opened fire on the demonstration and arrested 48 protesters. One protester, Ferianus Asso, was allegedly hit by police gunfire in the abdomen; he was treated at home until August 20, when he was taken to a local hospital. On August 22, Asso died from complications related to his injuries. As of November 24, there were no reports that the government investigated the incident.