http://www.nytimes.com/2011/01/25/world/asia/25iht-indo25.html?ref=asia

Indonesian Military Trial Angers Activists
By AUBREY BELFORD
Published: January 24, 2011
JAKARTA - Three Indonesian soldiers behind the videotaped torture of two men in 
the country's restive Papua Province were jailed for less than a year by a 
military court on Monday, angering human rights activists who have denounced 
the legal proceedings as a farce. 

The soldiers were sentenced to between 8 and 10 months for disobeying orders - 
rather than the more serious charge of torture - in the May 2010 abuse of the 
villagers, Tunaliwor Kiwo and Telangga Gire, in the province's remote central 
highlands, a site of sporadic fighting between separatist rebels and Jakarta. 

A cellphone video about 10 minutes long was posted online last year showing 
soldiers at a military post kicking and suffocating Mr. Kiwo and burning his 
penis with a smoldering stick. The video also shows soldiers holding a knife to 
the face of Mr. Gire. Mr. Kiwo said he was further tortured over a period of 
three days. 

The release of the video outraged activists and residents in the province and 
prompted an uncharacteristic admission of wrongdoing by the military, which has 
long been accused of brutality in Papua. 

President Susilo Bambang Yudhoyono of Indonesia pledged a full investigation in 
the lead-up to a visit by President Barack Obama last November. The United 
States had ended last July a more than decade-long ban on training for 
Kopassus, an elite Special Forces unit. 

But as the case progressed, activists accused the government and the military 
of a litany of delays and obfuscation. The case was switched to the military 
justice system from the civilian authorities. 

The resulting process has been a "joke," said Elaine Pearson, the deputy Asia 
director of Human Rights Watch, which is based in New York. 

"This was really an important test case for the Indonesian government, and 
they've really failed to show that they're serious about addressing human 
rights violations," Ms. Pearson said. 

"The government has basically dragged its feet all the way along through this 
process and reluctantly done the bare minimum to make the problem go away." 

Activists including Human Rights Watch initially accused the military of 
responding to the outcry over the torture video by conducting a 
bait-and-switch, trying some soldiers over another video depicting a separate 
incident of less serious abuse. Four soldiers were jailed for between five and 
seven months over the incident. 

The pursuit of insubordination charges, rather than those of torture, in the 
second trial and the focus on a small number of low-level perpetrators appears 
to be aimed at denying the existence of widespread abuses in Papua, Ms. Pearson 
said. 

Mr. Yudhoyono had already dismayed rights advocates with his remarks to 
military and police personnel last week in which he urged punishment for the 
perpetrators of abuse but characterized the Papua case as "small scale." 

Local and international rights groups have long accused the Indonesian police 
and military of human rights violations in Papua despite Indonesia's overall 
transition to democracy after the 1998 ouster of the dictator Suharto. 

The resource-rich and ethnically distinct half island was incorporated into 
Indonesia in the 1960s in a U.N.-backed vote of selected tribal leaders widely 
seen as a sham. 

A spokesman for the military command in Papua, Lt. Col. Harry Priyatna, said 
the case was not aimed at playing down rights violations in the province. He 
said the military decided against pursuing torture charges because the standard 
of evidence required was too high. 

"If they had been prosecuted for torture, then that requires complete 
evidence," Colonel Priyatna said. "If we couldn't come up with the evidence at 
the hearings, then our worry is they could have been freed." 

It was still uncertain whether the three soldiers would be reinstated at the 
end of their sentences, he added. 

"If they can't be rehabilitated, then the rule is that they will be fired," he 
said. "But if they can be rehabilitated, things will probably be considered 
differently." 

A version of this article appeared in print on January 25, 2011, on page A7 of 
the New York edition.

[Non-text portions of this message have been removed]



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