Asia

Indigenous defenders at risk

Indigenous rights defenders continue to be targeted across Asia. In the last issue of Indigenous Rights Quarterly, AITPN has extensively covered the precarious situations of the indigenous human rights defenders. AITPN can only express aghast that the indigenous rights defenders of West Papua in Indonesia have been constantly prowled by the intelligence agencies for meeting the United Nations Secretary General's Special Representative on Human Rights Defenders, Ms Hina Jilani during her visit to Indonesia in June 2006. If one is not safe for meeting the UN officials, none can be safe. Not surprisingly, indigenous rights defenders continue to be arbitrarily arrested, detained and denied legal representation in Bangladesh.

a. Update on the extrajudicial killing of Cholesh Ritchil in Bangladesh

In the last Indigenous Rights Quarterly, the extrajudicial killing of Cholesh Ritchil, an indigenous Garo leader in Bangladesh was brought into limelight. Mr Ritchil, who was one of the prominent indigenous leaders to oppose the establishment of an Eco Park that would displace the indigenous peoples, was tortured to death in the custody of the army at the Kakraid army camp in Tangail district of Bangladesh on 18 March 2007. The army has however denied torturing and killing the Garo leader.

Following national and international outcry, the government set up a inquiry headed by Special Court Judge Rofiuddin Ahmed. But the conspiracy is so deep that despite tell-tale signs of torture, two autopsies conducted on Cholesh's body claimed that “Cholesh died from heart failure”. Judge Rofiuddin Ahmed committee heard many witnesses. Numerous pictures taken of the tortured body of the deceased were also submitted before the judge.

All the witnesses including Cholesh's friends Protap Jambil, Tuhin Hadima, and Piren Simsang who were also arrested along with Cholesh and tortured in custody, stated before the judicial committee that Cholesh Ritchil was subjected to third degree torture which caused his death. Many witnesses including the wife of Cholesh Ritchil, Sandhya Simsang revealed the conspiracy to eliminate Cholesh hatched by Chairman Zakir Hussain and the officials of the Forest Department. Sandhya Simsang stated that Cholesh was in conflict with Chairman Zakir Hussain as Cholesh had contested against him for the post of Chairman in 1992. In 1995, Zakir Hussain allegedly sent his men to kill Cholesh. Cholesh also earned the ire of the officials of the Forest Department for leading the protest by the indigenous Garo peoples against the Eco Park. Many false cases were filed against him by the Forest Department personnel.

Another eyewitness and torture victim, Piren Simsang, S/o Lampa Chiran of Beribaid village also confirmed brutal torture by the army. He told the judge: “They (the army personnel) beat Cholesh first, then Protap, Tuhin and me. They brought pliers, needles, and blade. They cut the body of Cholesh with blades. They sprayed chili powder, salt into the wounds. They then beat up Cholesh severely. Then in the evening at about 6:00 pm they released Tuhin (Tuhin Hadima) and me.” Tuhin Hadima (26), who was arrested and tortured by the army, also corroborated the evidence of torture before the judge.

Joyon Bajee (56), S/o Boben Drong of Beribaid village told the judge that when they were giving a customary bath to the dead body of Cholesh Ritchil, he “turned the dead body up side down. I caught testicles and found that the testicles were smashed. His hands and legs were broken.”

It is evident from the statements of the witnesses that Cholesh Ritchil was tortured to death in the custody of the Bangladesh army.

b. Illegal arrest and detention of Milton Chakma in Bangladesh

Another indigenous rights activist, Milton Chakma was illegally arrested by the Bangladesh army from Chengi Bridge in Khagrachari in Chittagong Hill Tracts (CHTs)on the morning of 29 May 2007. Mr Chakma, Assistant Coordinator of the Hill Watch Human Rights Forum, an indigenous Jumma peoples organization, was arrested when he was taking his wife Ms Sumana Chakma for medical treatment in Chittagong. Mr Chakma is also associated with a Jumma political organization, United Peoples Democratic Front (UPDF).

According to Ms Sumana Chakma, who is the Finance Secretary of the Hill Women's Federation, Milton Chakma was picked up by a group of Bangladesh army personnel after they confirmed his name. No arrest memo was issued or reason given at the time of his arrest.

The army refused to provide information regarding the whereabouts of Mr Chakma. In the afternoon of 29 May 2007, Ms Sumana Chakma and her mother-in-law, Ms Ananta Probha Chakma contacted Khagrachari zone army headquarters to seek information about the whereabouts of Mr Chakma but the army authorities simply refused to provide information by stating that the offices had been closed for the day at 2 pm. When they contacted again the next morning, the zone commander told them that Mr Milton Chakma was picked up by army personnel from Mahalchari zone. But when Mr Chakma's family members went to Mahalchari zone office, the army officers denied having arrested him.

Mr Chakma was shown arrested on the basis of a First Information Report (FIR) filed by Md. Shahidul Islam, Sergeant (No. 3998686) of 24 Bengal Regiment. In the army records, he has been shown arrested on 31 May 2007, although the Bangladesh army had picked him up on 29 May 2006 from Chengi Bridge area.

Mr Chakma has also been implicated in a false case which is related to the death of an army officer in Ghilachari under Rangamati district in December 2006.  As per official records, this alleged murder case (No. GR 304/06) was originally filed on 27 December 2006 at 10:35 pm under Sections 302 and 304 of the Bangladesh Penal Code. But, in the FIR filed on 27 December 2006, Mr Chakma's name was not mentioned. Therefore, his arrest for the alleged murder is an afterthought to falsely prosecute him.

On 31 May 2006, Mr Chakma was produced before the court in Rangamati, which sent him to 7-day remand for interrogation from 6 June 2006 to 12 June 2006. On 12 June 2007, he was brought in an army vehicle in secret manner so that his lawyer Advocate Dulal Kanti Dey could not appeal for bail. He is still under detention.

Many members of the Jana Samhati Samiti were also arrested under the emergency rules.

c. Illegal arrest and detention of Santoshito Chakma alias Bakul in Bangladesh

On 3 June 2007, indigenous peoples human rights defender, Santoshito Chakma alias Bakul (52 years), who also serves as the General Secretary of the Chittagong Hill Tracts Jumma Refugee Welfare Association was arrested by the Bangladesh Police from the Chengi Square in Khagrachari town. His arrest was totally illegal and politically motivated. Mr Chakma was arrested when he was returning home after attending a meeting of the Task Force on rehabilitation of the returnee Jumma refugees at the Circuit House. The police did not give any reason for his arrest.

As a leader of the Jumma refugees, Mr. Chakma has been highly critical of the previous Bangladesh Nationalist Party-led four-party coalition government for the lack of progress in the rehabilitation of the returnee Jumma refugees following their return from India. Under his leadership, Chittagong Hill Tracts Jumma Refugee Welfare Association launched various democratic programmes such as mass rally, road blockade and hartals (strikes) to draw the attention of the government of Bangladesh towards the pitiful conditions of the refugees. The Chittagong Hill Tracts Jumma Refugee Welfare Association had signed a 16-Point Agreement with the government of Bangladesh.

d. Papua: Defenders are at risks for meeting UN Special Representative

Human rights defenders regularly face threats and intimidation in Papua in Indonesia. This has been confirmed by Ms Hina Jilani, UN Secretary-General's Special Representative on the situation of human rights defenders. Even those who met her faced threats from the intelligence agencies and Indonesian Armed Forces, the TNI

Case 1: Attempt at the lives of Frederika Korain and Priest Perinus Kogoya of Peace and Justice Commission for the Diocese of Jayapura (SKP Jayapura)

On 8 June 2007, Mr Frederika Korain and Priest Perinus Kogoya of Peace and Justice Commission for the Diocese of Jayapura (SKP Jayapura) were returning to their home in Jayapura, West Papua after attending a public hearing with Ms. Hina Jilani in Jakarta on the previous day. While passing through Post 7, Sentani in Ifar (after a drive of 5-10 minutes from the airport), their SKP car was intentionally rammed by a blue Kijang car with police license plate number DS 1693 AF. The ramming damaged their car although they remain unhurt. When the SKP driver tried to stop the blue Kijang car, two men got out of it and identified themselves as intelligence commanders for the military regional command of Trikora (Komandan Intel Kodam XVII Trikora). One of them identified his name as FX. Subangun. He also had the audacity to give his cell phone number which is 0811484860. The police looked on all these but did not intervene.

Case 2: Surveillance over Mr Yan Christian Warinussy

Mr Yan Christian Warinussy, Executive Director of the Institute of Research, Analysis and Development for Legal Aid (LP3BH), Manokwari reported that he has been under surveillance both at his home and office following his meeting with Ms. Hina Jilani in Jayapura. At about 8 p.m. on 9 June 2007, Mr. Warinussy noticed a black Kijang Innova car with tinted windows parked in front of his house for about 20 minutes. At 11 pm, the car returned back to in front of his house on that night. At around 7 p.m. on 11 June 2007, two Kijang cars were again found parked in front of his office on Gunung Salju street for about 30 minutes. Again on 16 June 2007, at around 8 pm, Mr. Warinussy and the two PBI activists whose protection Mr. Warinussy had requested spotted a metalic-coloured Kijang diesel car with police license plate number DD 546 PD parked in front of his house for 20 minutes. The car left but again passed by twice that night without stopping. Again on 18 June 2007, at 11pm, that same car was parked in front of his office. That car reportedly belongs to the Manokwari Telkomsel telephone company and is reportedly often borrowed by a member of the Indonesian Navy named Hery, who is believed to be working as an intelligence officer for the Armed Forces Strategic Intelligence Agency (BAIS) in Manokwari.

Case 3: Intimidation of Mr. Albert Rumbekwan, the head of the National Human Rights Commission (Komnas Ham), Papua Province

On 14 June 2007, Mr. Albert Rumbekwan received five more text messages from the same number, again containing death threats. At around 8 a.m. on the same day, unidentified persons parked three cars some 20 meters from his office. The cars were a black Avanza, a Kijang LZ and a white Kijang Kapsul. The occupants of the cars shouted at Mr. Albert Rumbekwan to come outside and see them. As he ignored them, they waited there and observed his movements until around 4 p.m. but he received a call from the same cell phone asking him to meet the caller at Swissbell Hotel at 7 pm that night. These persons followed him when Mr. Albert Rumbekwan left for home in his official car. On the night of 17 June 2007, he found a car parked in front of his house for about two and a half hours.

The Commission for Disappeared Persons and Victims of Violence (KontraS) complained in writing to the Chief of Police for the Province of Papua (Kapolda Papua), Regional Military Commander of Trikora, chief of National Police (Kapolri), Foreign Affairs Minister of Indonesia, and the Head of Komnas HAM in Jakarta against the three abovesaid persons. But no action has yet been taken to investigate these serious threats and intimidation to human rights defenders.