Investigate the Allegations of the Unlawful Murder of Melianus Nayagau by the Security Forces in Sugapa

We urge the Indonesian government to ensure that the investigation into the alleged unlawful killing of Melianus Nayagau in Sugapa, Intan Jaya, Papua, by the security forces immediately, effectively, independently and impartially.

Melianus was registered as a student of a public junior high school in Sugapa, who died on March 6th, 2021. Head of Information for Kogabwilhan III Col. CZI IGN Suriastawa said that the victim was a member of the Armed Criminal Group (KKB). However, based on the information we received, Melianus was a civilian from Puyagiya village who was well known to the people in his village and the victim was not part of the KKB. When the shooting incident occurred, the victim was not holding a firearm.


We consider that the alleged extrajudicial killing of Melianus has violated the right to life – the most important human right protected by international law and the Indonesian constitution – as well as the right to be free from cruel and inhuman treatment as regulated in the International Covenant on Civil and Human Rights. Politics (ICCPR), which has been ratified by Indonesia through Law no. 12/2005.

As for the alleged crime that was violated by the security forces, it was a crime of joint loss of life and/or violence and/or mistreatment which resulted in serious injury and resulted in death, as regulated in Article 338, 170 paragraphs (1) and (2), 351 paragraphs (2) and (3) of the Criminal Code (KUHP).

Based on our records, from January to the first week of March 2021, there have been at least six incidents of unlawful shootings in Papua, and more than 60 percent of them, or four incidents, occurred in Intan Jaya. Of the six shootings, half were suspected to have involved security forces from both the TNI and Polri. This data adds to the long list of unlawful killings in Papua, which reached 22 cases with 33 victims in 2020.

This series of killings has created fear among the civilians which has forced hundreds of people to flee.

On this basis, we urge the government to:

  • Ensuring a thorough investigation of the alleged extrajudicial killing of Melianus Nayagau, as well as all allegations of extrajudicial killings involving security forces in Intan Jaya Regency in an effective, independent and impartial manner;
  • Ensure that the investigation and prosecution process is not only limited to the perpetrators in the field but is also directed at the possible involvement of the order givers, regardless of their rank;
  • Ensuring the prosecution of perpetrators in civilian courts if there is sufficient evidence at trial, as stated in the 1980 United Nations Protocol on the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials that the government will ensure that the use of force and weapons fire arbitrarily or inappropriately by law enforcement officials will be punished as a criminal offense under applicable law;
  • Ensure that all forms of redress based on traditional redress methods do not stop the investigation and prosecution of violations of the law;
  • Ensure that all victims and their families receive effective and comprehensive reparations in accordance with international standards; and
  • Evaluate the security approach applied in Papua to end the cycle of violence that results in civilian casualties.

    Thus we convey this statement, for your attention we thank you.

    Sincerely,
  • Amnesty International Indonesia
  • Commission for Missing Persons and Victims of Violence (KontraS)
  • Imparsial
  • Keadilan, Perdamaian dan Keutuhan Ciptaan (KPKC) Sinode Gereja Kristen Injili (GKI) Tanah Papua

9 Maret 2021

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