Freedom for West Papua!

Freedom for West Papua is long overdue!

Disclaimer:
This post contains graphic footage of torture. Do not click play if you do not want to watch the embedded video.

The Act of Free Choice was nothing more than the granting of an open cheque book to Indonesia to rape and pillage the natural resources, and the people, of West Papua.

The Act of Free Choice was a farce then and remains a farce now. So, to stand idly by and let the universal, and may I add basic, human rights of our brothers and sisters in West Papua to be stripped away without fear or retribution is a sad indictment on all of us as people, as human beings.

You want to see, and understand, why this bothers me so...here, here, here, and watch the graphic torture footage.

I would like to know how this video footage came into the public domain. But it looks real, and I am sorry, but there is nothing that justifies this, absolutely nothing.

The Petulant President -- SBY and the No Show in Holland...

It is amusing to watch from a distance, although simultaneously sad as both my wife and son are Indonesian, the president of Indonesia behaving like a petulant child. Indonesians must surely expect more from the man they elected president.If nothing else they must expect leadership.

The last couple of days has seen the president abruptly cancel a planned visit to The Netherlands. The cancellation was so abrupt in fact that it did not occur until the president was at the airport and about to board the place for Holland.

It seems that just before the president was to board the plane, he received word that the RMS, which is the South Maluku Republic Independence group had commenced legal action in The Netherlands to have the president arrested for the alleged torture of Malukuan activists earlier this year and a case from 2007.

Now, there are a couple of immediate problems with this decision to cancel. First, the president was officially invited. It is unlikely that the government of The Netherlands would allow SBY to be arrested. Then there is the small issue of head of state immunity to contend with. Secondly, it would appear that the Ministry of Foreign Affairs of the Republic of Indonesia dropped the ball on this one. The RMS action is in the earliest of early stages and there is very little likelihood that they could sustain a command responsibility action to the president of Indonesia anyway.

The possibility of SBY being arrested on arrival in Holland is so remote that it just is not worth considering.

However, the abrupt cancellation provides SBY and his handlers with a real perception problem. Why was the president so frightened of arrest that he did not even board the plane? Is he in the know on what really happened? Is there substance to the allegations that these activists were tortured while in custody in Maluku?

The president in his own defence suggested that he was upset that anyone would do such a thing against him. He was insulted personally and insulted on behalf of Indonesia. Personally, the president needs to grow a set and have the testicular fortitude that the people expect him to show. He needs to be a leader. This most recent display reminds me of the schoolyard bully who does not get his way in the playground and instead of playing he packs up his things and takes the ball and goes home. It is petulant and it is childish.

Indonesia and Indonesians deserve better. The president has not been insulted or disrespected, rather he has insulted and disrespected the Indonesian people. Simply, he has brought shame on himself and his nation.

Ho hum...

Detachment 88, Torture, Australian Funding...

There is nothing quite like getting rolled as Prime Minister, winning your seat in a hung parliament, being commissioned as Foreign Affairs Minister, and having to have discussions with your nearest neighbour as to whether Australian money is being used to fund torture; such is the life of Kevin Rudd.

I am guessing that Kev '07 has not actually had to have any discussions on this hot potato just yet, but rest assured these happy chats are on the horizon. Some officials from the Australian Embassy in Jakarta have already done some preliminary leg work in determining whether the allegations have any substance. It would be a rare occurrence in Indonesia if this sort of smoke was not based on a little fire somewhere. The chances are that there is some substance to these allegations.

So, what are the allegations? Detachment 88 is a special Indonesian police unit that was created to be at the forefront of counter terrorism initiatives in Indonesia. The unit receives substantial levels of funding, and training, from the Australian government. Detachment 88 was formed in the wake of the Bali Bombings. The number 88 represents the number of Australians who lost their lives in the first Bali Bombings. Other meanings for the number 88 range from the number 8 looks like a pair of handcuffs to 8 being a lucky number.

The allegations are that Detachment 88 were responsible for the torture of a number of activists / separatists in the province of Maluku from 2007 through to 2010. The torture includes beatings with wooden and steel bars, forced sexual activity, being burned with lit cigarettes, plastic bags being placed over prisoners' heads, and being stabbed with nails and other sharp objects.

This is a "no brainer". Australia must stop all funding to Detachment 88 pending a review of the allegations. If the allegations do not pan out, then the funding can resume with a much greater level of confidence in the understanding that the money is being used for the purposes intended. If the allegations are proved, then those guilty of committing crimes must be prosecuted to the full extent possible under Indonesian law.

Paying others to do our dirty work in ensuring that we remain safe as we travel in Indonesia does not allow us to hide behind the claim that end justifies the means or that we should turn a blind eye to the occasional indiscretion.

Are we prepared to let Detachment 88 torture Indonesians under the guise of counter-terrorism when really what they are doing is seeking to suppress domestic political dissent? Are the human rights of our neighbours negotiable because they are there and we are here?

What price are we prepared to pay for safety and freedom from fear?

Ho hum...

Aceh and Stoning Adulterers...

The previous Aceh Regional Parliament passed a Qanun on Jinayat which included provisions relating to the stoning to death of adulterers. I have written a more detailed post on the provisions of the regulation here. This piece of 7th Century inspired legislation was passed in the dying days of the previous parliament's existence. However, a new more moderate parliament has been elected and the newly elected members had promised to revisit the regulation and amend it once they had the power to do so.

The new parliament has been installed. It is now a matter of urgency and one of credibility that the new parliament place the amending of the Jinayat regulation. Simply, it is time to ante up and do what must be done.

Some have argued that Aceh is a province that enjoys special autonomy and has special rights to self-government and the enactment and implementation of Shariah based laws and regulations. However, it is not the case that the regional regulations in Aceh can be in conflict with the 1945 Constitution of the Republic of Indonesia. Special autonomy or not, Aceh is still a province of the Republic of Indonesia, and this means that the 1945 Constitution still applies.

Stoning to death is an unusual, cruel, degrading, and inhuman punishment. It is a form of torture of the worst kind. To allow a regulation of this nature to stand unchallenged reflects badly on Indonesia as a whole. Stoning is not an acceptable form of punishment. The reality is that people that live in glass houses should not throw stones.

Manohara Odelia Pinot -- Part V -- The Criminal Complaint

The show must go on!

I am not sure that I can make a living out of writing about the comings and goings in the Manohara vs. The Prince case, but it is never short of interesting angles to pursue in the name of justice.

Besides for me the case has just become way more interesting that I know Hotman Paris Hutapea is acting as Manohara's counsel / lawyer. Hotman is one of those lawyers people tend to love or hate. My personal opinion is that he is a fine lawyer and if you have a procedural law problem in a civil law jurisdiction then he is an excellent choice. However, that is it for the free plugs for Hotman.

Besides there are plenty of lawyers who represent celebrities about Jakarta town but there are not many lawyers who are celebrities in their own right. Interestingly, Manohara has two on her case in Hotman and Farhat Abbas. So, there are angles to be explored on that front parallel to the abuse and torture case in which Manohara is alleged to have suffered.

The risk when Hotman is on board in a celebrity matter is that it can become a bit of a circus where the media attention is equally or more important than the actual legal result being sort. Manohara in the company of her layers, at least Hotman, filed a complaint with the Indonesian police on Tuesday (09/06) seeking to have her husband, Tengku Temenggong Mohammad Fakhrya (a Prince from Kelantan State in Malaysia) charged with abusing, raping, and kidnapping her.

The prince is not alone in the complaint as he has been named with seven others. The seven are: Sultan Ismail Petra, Tengku Anis Binti Tengku Abdul Hamid, Captain Zakaria Saleh, Azhari, Muhammad Sobri and his wife, and Ichsan. Hotman has a penchant for grandstanding when it comes to drumming up interest in a particular matter.

So, it goes without saying that he would be telling the assembled journalist how the eight would be dealt with in Indonesia. This treatment would supposedly see each of the individuals named in the criminal complaint jailed for up to 70 years if convicted in an Indonesian court.

The only problem with this is that the crimes occurred in Malaysia and by all accounts need to be tried in Malaysia. Hotman, though, is of the opinion that all eight can be successfully prosecuted under Indonesian law and as such has not bothered to file a criminal complaint in Malaysia. As a lawyer seeking justice for a client, I would want to be covering all available bases and would be filing a criminal complaint in Malaysia irrespective of whether I believed that there was any serious prospects for success.

It is worth noting that there is an extradition treaty in place. Unfortunately, the extradition treaty would seem to preclude crimes committed in Malaysia from being tried in Indonesia. Hence, there is probably good reason to, at least, file a criminal complaint in Malaysia on Manohara's behalf.

According to Hotman the evidence that Manohara is going to present is her body. Apparently, this is sufficient to show how she was "treated" (abused and raped). As I have posted in the previous incarnations of this series of "personal views", the documenting of the injuries and trauma suffered are only half the journey. A successful prosecution will require Hotman and his team to prove that the documented injuries were inflicted by those named in the criminal complaint.

The forensic examination of the alleged abuse has been undertaken at the Cipto Mangunkusumo General Hospital. This is a good hospital and they are not likely to be subject to any charges of embellishing the forensic examination results. I would be comfortable accepting that the documented injuries and trauma noted in this examination being an accurate reflection of the injuries and trauma present. Once again, this still needs to be attributed to those individuals noted in the criminal complaint.

At the moment much of this case is "she said, he said", although the Prince is not saying all that much at the moment. As I have been saying all along, this is an interesting case. It is not interesting for any ramifications that it supposedly has for bilateral relations between Indonesia and Malaysia, but rather for the interesting legal dilemmas that it gives rise to.

The show must go on. So, this means that there will undoubtedly be a Manohara Odelia Pinot -- Part VI.

Manohara Odelia Pinot -- Part IV -- The Medical

AFP is reporting that Manohara has undergone a medical examination and the doctor / forensic expert, Mun'im Idries, has found slash marks all over her body. Some of the slash marks are reportedly still fresh (I am guessing this means they are not fully healed).

The doctor added that the urine and blood work has not been finalized. The urine and blood work results are needed as a part of the claim made by Manohara was that she was injected with unknown substances. Although, the doctor did say that an injection mark was found on her back. The injection claims are interesting. Manohara alleges that the prince, Tengku temenggong Mohammad Fakhry of Kelantan State, injected her with something that incapacitated her and the injections were given before sexual intercourse was initiated.

The medical reports, as noted in previous parts of this series of posts, are key to proving that there was harm done to her. It still has to be proved that these wounds and other injuries that Manohara has sustained were the result of the actions of the prince or others acting on the prince's orders.

The AFP report is not saying anything about tests related to the rape in marriage allegations. I would have figured in light of the alleged sexual appetite of the prince that a rape kit might have been worthwhile in order to document any injuries. Then again, these might have been done but are not being reported.

It seems that Farhat Abbas, a (in)famous Jakartan lawyer, has taken up her cause. According to Farhat, the medical confirms Manohara's story. I am not so sure that it proves anything other than the fact that Manohara has sustained injuries and suffered trauma. For my mind the allegations still have to be tested in a court of law. In the court of public opinion, perhaps, Farhat is right in his assumption. Furthermore, Farhat has said that Manohara has lodged an official written report with the Indonesian police. This report names not only the prince, but a number of others as well.

What is interesting now is how the case proceeds. The alleged abuse, the accused, and perhaps the majority of the witnesses are located in Malaysia. The ability of the Indonesian police to investigate and prosecute this case seems difficult and remote in all likelihood. The Indonesian police have admitted as much. Abubakar Nataprawira, the National Police Force spokesperson, noted that the police have received the report and will be forwarding it to their Malaysian counterparts for further action.

The plot thickens. I am sure their will be a Manohara Odelia Pinot -- Part V.

Manohara Odelia Pinot -- Part III

The more I read about the Manohara (photo courtesy of The Jakarta Globe) case the more interesting it becomes in that slowing down as one goes past a car crash kind of a way. The story has all the ingredients for a TV movie, perhaps even a series or soap opera. It seems that these things are all possible with Manohara receiving numerous offers from local production houses in Indonesia. There has even been a suggestion that she will play herself in any movie of her story.

If the allegations of rape, torture, and other abuse is true, I really cannot fathom why you would want to play yourself and relive the horror. But, then again it is not me so I don't really know what motivates either Manohara or her mother, who seems to enjoy being in the spotlight. Although, reports suggest that Manohara is keen to continue her education in a business related field. Good luck to her on that front.

I strongly believe that an education is important. Let's face it, if your entertainment career does not pan out then at least you have other skills on which to fall back on to make ends meet.

No matter what happens, it would appear that Manohara is going to convert her new found fame as a result of her alleged trauma into an entertainment career, according to her mother they are still sifting through the offers and will ultimately choose one of them. Good luck to them both on that front as well.

Manohara's father is an American and her step-father is a Frenchman. Not too drama filled on that front. However, there is drama outside of Manohara's alleged abuse. The drama revolves around her mother, Daisy Fajarina, who it is alleged is subject to an Interpol warrant for her arrest relating to the abuse of a maid while she was living in France. It is being suggested that the reason Manohara and her mother fled France was not only the divorce of Daisy and her French husband, but the pending arrest.

If this is true, and there is a red notice with Interpol for her arrest then it does not make any sense for Daisy to be leaving the country. Also of interest is that the Malaysian authorities apparently know about this red notice. So, I would have figured they would have arrested her had she turned up on their shores.

Daisy would seem to be pretty safe in Indonesia as there is no extradition treaty between Indonesia and France. Nevertheless, the French want her for trial and I have no doubt would have broached the subject with their Indonesian counterparts both in Jakarta and Paris.

Somewhat ironic that Daisy is so vocal about her daughter being allegedly abused but not having too many problems about abusing others (allegedly).

The plot thickens.

Manohara Odelia Pinot

This is a case that has been in the news for some time. You can read an account from go to whoa here (you will have to do a search to get all the relevant pieces to the puzzle). It is a fascinating tale and somewhat tragic as well if all that is being reported is true. I have been following the news but have never gotten around to writing about it. However, the recent "escape" by Manohara (photo courtesy of AFP) from her captors makes this far more interesting as there are myriad of possibilities opening up on the Indonesian / Malaysian bilateral relationship front.

The basic gist of the story is that Manohara, who is part Indonesian and part American, a part-time model, and reportedly a regular on the Jakartan and Indonesian social scene, was married off at just 16 years of age to a Malaysian prince. Sounds like a bit of a fairy tale so far. However, the prince, Tengku Temenggong Mohammad Fakhry or Kelantan State, was not so much prince charming but rather prince nightmare in Kelantan State.

Manohara has claimed that she has been a victim, specifically she has said she was a sex slave, who has not only been raped, but tortured as well. The torture includes having her chest slashed with a razor blade (I am guessing that if this ever goes to trial then the pictures will find their way to the Internet eventually).

The plot of this saga is an interesting one as the reports of abuse have been not so secret for some time. Manohara's mother when tried to get into Malaysia to check the reports out for herself but was blocked from doing so by Malaysian authorities. The Indonesian government was not so forth coming in providing any consular assistance either. The mother, Daisy Fajarina, is threatening to get the legal action ball rolling and suing the prince. Perhaps she should sue the Indonesian government as well considering it was the Indonesian government that said Manohara was all well with her happy-go-lucky prince charming.

The other thing to consider is Manohara' age and the fact that her mother seems to have agreed to, and signed off on, the marriage. So, should she be held partly responsible, contributory negligence on the old lady's part?

The escape seems to have been well-coordinated and premised on some good behaviour on Manohara's part as the prince let her travel to Singapore with the prince's family. Whilst in Singapore Manohara did the big bolt and with the assistance of Singaporean police she has managed to find her way to Jakarta and freedom.

Funnily enough the Indonesian authorities are now saying that they would be willing to assist her if she was keen to file charges. If charges are to be filed then it would appear that seeing the alleged crimes were committed in Malaysia's jurisdiction then the charges must be filed there. I am also guessing that Manohara might have to return to Malaysia to give testimony in any trial (although I would have to check whether Malaysian law would allow in camera testimony via video link from Jakarta).

This case has all the ingredients for a sensational trial if it is allowed to get that far. Hopefully, it is not just consigned to the gossip scrapheap.

I am guessing a divorce must be the first item on the agenda.

Torture & the War on Terror

For the world's supposed shining bastion of democracy and freedom, the United States of America, it seems that "enhanced" interrogation techniques are just another day in the office for the Central Intelligence Agency (CIA).

The US Army Field Manual has been amended to add three techniques to list of 16 permissible techniques and to expressly prohibit 8 other "enhanced" techniques. Unfortunately, it appears that this does not apply to the CIA.

Nevertheless, after successfully negotiating the House and the Senate in the US, a Bill that would ban certain interrogation techniques, such as waterboarding as used by the CIA, is set to be vetoed by President Bush.

The question though in theory should be a moot one as the US Detainee Treatment Act of 2005 bans all cruel, inhuman, and degrading treatment for all detainees in US custody including the custody of the CIA.

I am not naive enough to believe that there are not people capable of twisting the rules in order to create loopholes and a quick search of the Internet will highlight why. It has been US practice to set up secret prisons and other detention facilities and usually outside of the territory of the US and use torture as well as other cruel, inhuman, and degrading treatment to get 'results' from interrogation. The practice of extraordinary rendition is illegal under international law in spite of argumanets to the contrary.

But results obtained under enhanced interrogation techniques such as these are unreliable. It is not rocket science and it is therefore pretty easy to understand that if you are being physically, psychologically, or emotionally abused that it is not long before you will tell your tormentor anything that you think they might want to hear.

The balance between protecting your citizens from harm and extending the basic human rights protections that are to be enjoyed by all, even those who seek to harm you, is a difficult one. But the simple and principled morality of this argument is that torture and other cruel, inhuman, and degrading treatment is wrong under all circumstances. Therefore, the answer to this dilemma suddenly becomes much clearer, you just cannot justify these kinds of enhanced interrogation techniques.

This is what is banned: forcing the detainee to be naked; perform sexual acts or pose in a sexual manner; placing hoods or sacks over the head of a detainee; using duct tape over the eyes; beatings, electric shock, burns or other forms of physical pain; waterboarding; use of military working dogs; inducing hypothermia or heat injury; conducting mock executions; depriving the detainee of necessary food, water or medical care.

I would imagine that there is a simple answer to the "why do they hate us?" question.

This post is not intended to explore all the academic angles of the debate. Maybe I will post that lengthy piece later!