Prosecution, trial and punishment of activists in Papua are ongoing human rights issues taking place in the region. The use of articles concerning treason or treason-related activities (Article 106, 110 and 160) against the activists is typical that it has been a concern of several states involved in the UN Universal Periodic Review (UPR) on Indonesia last May. Leaders and members of pro-independence groups or those who are in favour of the independence movement had also been prosecuted with other criminal provisions which in many cases they had not breached. In the past, Yason himself was arrested twice. He was firstly arrested in 2009 due to his involvement in a peaceful protest asking the government to stop the violence and abuses in Papua. Later in May 2011 he was arrested without a clear charge and several documents on his political activities saved on his laptop were also copied by the police.
Victims of fabricated charges might seek compensation to the court once the legal proceedings against them prove they are not guilty. Yet the officers responsible for such abuse are unlikely to be criminally punished due to the absence of a law provision criminalising the fabrication of charges by law enforcement officials. The only specific prohibition on fabrication of charges is found in Article 6 letter (k) of Government Regulation No. 2 Year 2003 concerning the Discipline Rule for Members of Indonesian National Police whose one of articles sets out ‘in exercising their duties, the members of the Indonesian National Police are prohibited to manipulate cases’.
A complain to the Security and Profession Division (Propam), an internal oversight mechanism of the police, may be lodged by the victims yet the sanctions to be imposed will only be disciplinary. The similar government regulation sets out that any police officers who has manipulated a case may be sentenced to a maximum of 21 days of isolation which in some cases may be extended up to a further seven days.
The Criminal Procedure Code gives authority to the police to seize goods as well as to perform document checks. Goods to be seized and documents to be checked, however, have to be related to the crimes allegedly committed by the suspects. Article 39 of the Code sets out five general categories of seize-able goods: those which are products of a crime, used for a crime, used for halting the investigation of a crime, created specifically for a crime, and other goods that are directly related to the crime.
Please write to the listed authorities below asking them to ensure investigation on the arbitrary arrest, seizure and fabrication of charges of the five Papuan activists to take place.
The AHRC is writing a separate letter to the UN Special Rapporteur on the promotion and protection of the right of opinion and expression as well as the UN Special Rapporteur on the rights to freedom of peaceful assembly and of association.
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INDONESIA: Police arbitrarily arrested five Papuan activists and copied documents related to their political activities
Name of victim: Denny Hisage (26 year old), Yasons Sambom (22 year old), Anike Kogoya (24 year old), Feliks Bahabol (23 year old), Linus Bahabol (23 year old)
Names of alleged perpetrators: Papua Regional Police officers
Date of incident: 12 October 2012
Place of incident: Jayapura, Papua
I am writing to voice my concern over the arbitrary arrest of five Papuan activists in Jayapura harbour on 12 October 2012. I was told that Yasons Sambom, Denny Hisage, Anike Kogoya, Feliks Bahabol and Linus Bahabol were on their way to Nabire by the Lapobar ship when the police arrested them on the allegation of their involvement in the import of explosive materials as prohibited under Article 187bis of the Indonesian Penal Code. The police suspected Yasons and his friends are somehow related to two bombs found at the secretariat of West Papua National Committee (Komite Nasional Papua Barat, KNPB) in Wamena last month. After being put under custody and questioned for 24 hours, Yasons Sambom and his friends were released by the police due to lack of evidence. There is a possibility, however, that the police have not changed Yasons’s status of suspect. The police seized several belongings of the activists which include a unit of laptop, four USB flash disks and one CD containing several documents.
This case has been my particular concern as I allege the politicisation of the criminal proceeding here. Yasons Sambom and Denny Hisage are well known in Papua, for their activities in favour of the independence of the region. As proved by the release of the five activists, the police did not actually have any evidence or basis to arrest them for illegal import of explosive materials. The police suspected them, mainly Yasons and Denny, to be responsible for the bombs found in Wamena due to their political activities. The political nuance in this case can also be concluded from the fact that the police did not seize any belongings related to the alleged crime but, instead, those related to Yasons Sambom and friends’ political activities.
I am concerned with the ongoing prosecution and punishment of individuals in Papua who are in favour of the independence of the region. I wish to emphasise that one’s political view is protected under the freedom of opinion and their activities to express such view is guaranteed by the notion of freedom of expression. Criminal proceeding against individuals for their dissenting opinion with the government is therefore unacceptable and in violation of those rights which are protected both in Indonesian 1945 Constitution as well as in the International Covenant on Civil and Political Rights to which Indonesia is a state party.
In this opportunity, I would also like to express my concern regarding the absence of law provision criminalising fabrication of charges by law enforcement officials in Indonesia. I am aware that a victim of arbitrary or false arrest, detention, prosecution or trial may initiate legal proceeding to district court to seek compensation. When the false arrest or detention was committed by the police, it is also possible for the victim to lodge a complaint to the internal oversight mechanism within the police, the Security and Profession Division. The punishment to be given to the police officers if they were convicted, however, is only those with disciplinary and not criminally nature. I therefore call you to make framing or fabrication of charges a crime falling under the jurisdiction of civilian courts.
In addition to the halt of prosecution and persecution towards Papuan activists as well as the criminalisation of charges, I request you to provide compensation to Denny Hisage, Yasons Sambom, Anike Kogoya, Feliks Bahabol and Linus Bahabol. Independent investigations towards the allegation of the fabrication of charges should also take place.
I look forward to your swift and positive response in this matter.
PLEASE SEND YOUR LETTERS TO:
1. Mr. Susilo Bambang Yudhoyono
President of Republic of Indonesia
Jl. Veteran No. 16
Tel: +62 21 345 8595
Fax: +62 21 3483 4759
2. Ms. Harkristuti Harkrisnowo
General Director of Human Rights
Ministry of Law and Human Rights
Jl. HR Rasuna Said Kav. 6-7
Kuningan, Jakarta 12940
Tel: +62 21 525 3006, 525 3889
Fax: +62 21 525 3095
3. Marzuki Alie
Speaker of the Indonesian House of Representatives
Gedung Nusantara III DPR RI
Jl. Jend. Gatot Subroto
Tel: +62 21 575 5048, 575 6041, 575 6059
Fax: +62 21 575 6379
E-mail: firstname.lastname@example.org, email@example.com
4. Gen. Timur Pradopo
Chief of the Indonesian National Police
Jl. Trunojoyo No. 3
Kebayoran Baru, Jakarta Selatan 12110
Tel: +62 21 384 8537, 726 0306
Fax: +62 21 7220 669
5. Insp. General Pol. Tito Karnavian
Chief of the Papua Regional Police
Jl. Dr. Samratulangi No. 8 Jayapura
Tel: +62 967 531 014, 533 396
Fax: +62 967 533 763
6. Mr. Ifdhal Kasim
Chairman of the National Human Rights Commission
Jl. Latuharhary No. 4-B
Tel: +62 21 392 5227
Fax: +62 21 392 5227
Urgent Appeals Programme
Asian Human Rights Commission (firstname.lastname@example.org)
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