T

hree soldiers of the Cendrawasih Military Command in Jayapura, Papua, could face nine months to one year in a military prison for alleged involvement in the torture of Papuans accused of being members of the Free Papua Movement (OPM).

The defendants’ actions were deemed to be acts of insubordination, the Military Court in Jayapura was told on Thursday.

“Second Sgt. Irwan Riskyanto should face one year in prison minus time served prior to the hearing, and pay Rp 15,000 in court fees for violating Articles 103 [1] and [3] of the Military Criminal Code [KUHPM].

“Irwan’s sentence should be heavier because he was the deputy commander,” said Maj. Soemantri, one of the military court’s prosecutors.

The prosecutors also demanded the panel of judges sentence First Pvt. Yakson Agu to 10 months in prison, and First Pvt. Thamrin Mahagiri to nine months. Thamrin was found guilty of insubordination, a violation of KUHPM Articles 103 (1) and (3).

Human Rights Watch, however, has blasted the sentence demands as the defendants were charged under Article 103 of the Military Criminal Code on insubordination rather than on charges of torture.

“This was a test case for the Indonesian government and it has failed,” said Elaine Pearson, deputy Asia director at Human Rights Watch.

“The charges should reflect the crimes committed. People who burn another man’s genitals should be tried for torture, not simply slapped on the wrist for disobeying orders.”

Human Rights Watch has long criticized Indonesia’s military courts, which are not transparent and lack of independence, often serving soldiers light sentences.

Pearson went on to say that the US and other military partners should pressure Indonesia to adopt a law that would try soldiers who commit serious abuses in civilian courts.

Meanwhile in Banda Aceh, Aceh province, First Lt. Faizal Amin of the Simeulue military district was sentenced to 10 months in prison on Thursday for beating a journalist.

The outcome of the two separate military tribunals in Jayapura and Banda Aceh seem to indicate that the military places torture and the beating of a journalist on the same level when it comes to its own personnel.