Military human rights manual in Irian Jaya

Published: Sep 30, 2007

Extracts:

PRINCIPLES THAT MUST BE IMPLEMENTED BY EACH SOLDIER AND UNIT WITHIN THE MALIRJA ABRI OPERATIONAL COMMAND.

1. Respect the spirit of the UN Declaration on Human Rights.

2. Give only orders that are based on and consistent with the law.
b. Instructing inferiors to commit abuses of human rights or other crimes will be punished with a penalty equal to or heavier than the penalty applied to the inferior who carries out that order.
c. Carrying out an order of a superior does not, within the international norms and national law, constitute an excuse or eliminate the wrongdoing of the one who committed the crime.
d. Every inferior who accepts an order must know the content of the order and must carry it out. For that reason, do ask for an explanation if the content and objective of an order is not clear.

3. Whenever a crime or an abuse of human rights occurs, report it to the correct authority.
... If it is not possible to report the abuse to an immediate superior for some reason (for example if the superior is definitely involved), then the report must be conveyed to the superior immediately above that one, or to the Military Area Command Military Police or to the Military Area Legal Service, and that official must report it to the relevant superior according to the chain of command.
... Preventing or stopping an abuse can be done in the following ways:
1) Explaining moral values (Pancasila, Religion, Soldier's Oath, Sapta Marga, and the 8 Abri Duties).
2) Threatening to report the act if it is carried out.
3) Asking for an explanation from a commander who issues the order.
4) Expressing disagreement with the said act.
5) Asking assistance from another member who can give an explanation or can stop the said abuse.

4. Respect individual integrity and human dignity.
a. Respect of individual integrity includes acts and behaviour that:
1) Do not commit torture.
2) Do not treat a person with cruelty or punish them in inhuman ways.
3) Do not abuse and restrict the following individual rights:
a) Freedom of thought, of conviction and of religion/ belief.
b) Freedom to express or convey an opinion and freedom of information.
c) Freedom of association.
4) Give rights in the legal process as follows:
a) The right to an explanation about the accusation.
b) The right to know the reason for an arrest and detention.
c) A fair (impartial) trial in court. ....

5. Obey the Military Honour Code (CHIVALRY) and be truthful during investigations of human rights abuses.

6. Every order must respect and be consistent with human rights.

7. Never be involved with, or give opportunity to, murder, rape, torture, or the use of excessive force.
a. Murder is the crime of eliminating someone else's life. If a member of a guerilla group (GPK) surrenders or is captured, they have the right to be tried in court in accordance with the existing law.
b. Torture may be physical or mental.
The use of torture to obtain confessions or information is a transgression of the law, moreover it needs to be understood that confessions or information obtained by torture cannot be used to make someone an Accused, and the level of confidence in the truth of such information is doubtful.
c. Military interests, national security and other reasons are not justifying elements in acts of torture.
d. The use of violence must be proportional, meaning there should be a balance between military interests (military advantages that need to be achieved) with human interests (the probability that casualties will occur).
e. Use force (violence) only as required by the need to achieve the main task or objective.
f. Beating someone already in detention is clearly an excessive act.

8. Never be involved with, or give opportunity to, acts that cause the disappearance of people.
a. Every person who is in detention in whatever state becomes the responsibility of the unit that arrested and detained that person.
b. In the act of arrest and detention the following items must be noted down:
1) The identity of the detained person.
2) The reason for the arrest and detention.
3) Date and time of arrest and release.
4) Any move in the place of detention must be reported.
5) Contact with the family, both by visit and by letter, must be permitted.

9. Never be involved with, or give opportunity to, unnecessary destruction of property.
a. Only property or materials that may give a contribution to the efforts of the guerillas (GPK) can be the target of attack or destruction.
b. Villages, towns or houses cannot be made targets even though guerillas (GPK) use them to store food or equipment.
c. Every soldier must restrain himself from unnecessary acts of destruction and acts that give rise to unnecessary suffering. d. Do not destroy things beyond the requirements of the task.
e. Taking/ stealing people's property is a crime.

10. Never be involved with, or give opportunity to, acts of punishment outside the decision of a court.

Inside Indonesia 46: Mar 1996