Category Archives: News alert

Papuans Behind Bars: September 2014: Culture of impunity in Papua threatens human rights and democracy

  From our partners at Papuansbehindbars.org

 October 8, 2014

At the end of September 2014, there were at least 74 political prisoners in Papuan jails.

New reports of attacks against lawyers in Papua indicate that the situation is becoming worse for those involved in human rights work. A public attack on Latifah Anum Siregar, a lawyer with the Democracy Alliance for Papua (Aliansi Demokrasi untuk Papua, ALDP) and the failure of Indonesian authorities to end legal intimidation towards Gustaf Kawer, as reported in our previous update, demonstrates the dangers faced by lawyers involved in politically sensitive cases.

Reports from the Advocacy Network for Upholding Law and Human Rights (Jaringan Advokasi Penegakan Hukum dan HAM Pegunungan Tengah Papua, JAPH&HAM), based in Wamena, described police complicity in allowing violence to continue during a fight that broke out between two groups in Lanny Jaya. Two traditional honai houses belonging to tribal leader and political detainee Areki Wanimbo were burned down by an opposing group during the violence, whilst Jayawijaya Regional police reportedly watched and failed to stop the incident from occuring. Another incident involving police complicity in allowing violence reportedly took place in Youtefa Market in Abepura. David Boleba, an indigenous Papuan, was publically tortured, mutilated and murdered by a group of non-Papuan youths, reportedly in the presence of an Abepura District police officer. Again, the police officer took no action against the perpetrators.

There were several reports of random acts of police brutality against indigenous Papuans. A 15-year-old boy was shot in the leg three times by members of the police Mobile Brigades (Brigades Mobil, Brimob) for simply blocking their vehicle. In another case, a student of Cenderawasih University (Universitas Cenderawasih, UNCEN) and activist with the West Papua National Committee (Komite Nasional Papua Barat, KNPB) Rigo Wenda was publically tortured in Waena by Indonesian army officers with bayonet blades in a random act of violence.

Information received by ALDP detailed the torture and cruel and degrading treatment faced by 18 men arrested in Wamena in the Boycott Presidential Elections case. Despite the fact that they were initially arrested for peacefully calling for an election boycott, they were instead charged for reportedly making and using explosives. The criminalisation of the freedom to not participate in a democratic process is an undemocratic step backwards for Indonesia.

Indigenous Papuans from the highlands, such as areas like Wamena, are often automatically deemed to be separatists by Indonesian authorities. Because of this stigmatisation, security forces often take a heavy handed approach with highlanders and single them out for arrests, intimidation and torture. Reports received this month described continued violent reprisals against indigenous communities in Wamena. Security forces continued to burn down houses as they hunt for members of armed pro-independence movements.

Indonesian authorities have so far failed to investigate into the murder of KNPB Sorong leader Martinus Yohame. It remains to be seen if steps will be taken towards accountability and justice, or if like previous cases of murder of Papuan activists, it will go uninvestigated and unpunished. The entrenched culture of impunity that currently runs throughout police and military units in Papua poses a serious threat to human rights and democracy in Indonesia.

Arrests

 There were no reported political arrests in September 2014.

 

Releases

There were no reported releases in September 2014.

Political trials and cases overview

Human rights lawyer in Areki Wanimbo case attacked; arrest ruled as procedural

On 16 September, prominent human rights lawyer with ALDP, Latifah Anum Siregar, was attacked in Wamena on the way back to her hotel after a court hearing. At around 7.30pm, Siregar was attacked by an unidentified person armed with a knife who stole her bag and injured her hand before fleeing the scene. She received two stitches for her wound. It is believed that she may have been targeted for her involvement in the trial of Areki Wanimbo. Despite not having conducted any investigations into the incident, on 25 September Papuan police issued a statement published in Papuan newspaper Cenderawasih Pos that denied that the attack was in any way related to the trial. Papuan and Indonesian human rights groups such as LP3BH, KontraS, Napas and AMP have called on Indonesian authorities to conduct investigations into the attack.

Since 10 September, pretrial hearings were held examining the legality of the arrest of Areki Wanimbo. Defence lawyers from ALDP argued that the formal requirements of an arrest were not met by Jayawijaya Regional police at the time of arrest. Lawyers also stated that the arrests were unprocedural as Wanimbo was arrested without an arrest warrant and that he was detained in Jayawijaya Regional police station in Wamena for more than 24 hours without a detention warrant. Lawyers also criticised police for arresting Wanimbo based on charges which were then dropped and replaced by different charges. While he was initially charged under Emergency Law 12/1951 and Article 122 of Law 6/2011 on Immigration, he is now facing charges of conspiracy to commit treason under Article 106 and 110 of the Indonesian Criminal Code. On 29 September, Wamena District Court ruled in favour of Jayawijaya Regional police, stating that the arrest was conducted in compliance with regulations.

The case of the French journalists Thomas Charles Dandois and Valentine Bourrat, who were arrested after visiting Areki Wanimbo, has been transferred to Jayapura District prosecutors. They are currently facing charges of breaching immigration rules under Article 122 of Law 6/2011 on Immigration, which carries a maximum sentence of five years’ imprisonment and a maximum fine of IDR. 500 million (around USD 42,700).

Boycott Election detainees tortured

Information published on the ALDP website revealed details of torture and cruel and degrading treatment in the arrests of 18 people on 12 July in Wamena, in relation to the 9 July Presidential Elections boycott (as reported in our July update). 13 of those arrested have been released, while Yosep Siep, Ibrahim Marian, Marsel Marian, Yance Walilo and Yosasam Serabut remain in detention.

ALDP stated that on 12 July, a joint military and police task force raided Wara village in Pisugi district, Jayawijaya regency. Those arrested were tied together with rope and dragged along a ditch towards a vehicle parked on a main road. The men were chained together with their necks and hands tied with nylon twine, which meant that if one person fell down, the rest too would be dragged down. They were also reportedly beaten with rifle butts. Ibrahim Marians was beaten until he fainted and was then thrown into a ditch by security forces. Yance Walilo was severely beaten with a rifle butt and as a result has lost hearing in one ear.

Another man, Novi Alua, was repeatedly kicked in the chest and suffered difficulty breathing. Other villagers received threats that they would be bayonneted. The wife of Yosep Siep, one of the men who remains in detention, was hit on the ear and suffered temporary hearing loss. Another woman, Ape Wetipo, was punched in the chin and had difficulty eating for some time. Security forces also ransacked and ruined homes, reportedly destroyed their food supplies, slashed livestock with machetes and threatened to burn down the houses of Yosep Siep and Yance Walilo. Other items were also allegedly destroyed including noken bags from Yosep Siep’s family that had been made for sale.

The 18 men who were arrested were brought to Jayawijaya Regional police station for interrogation where they continued to face torture. While being questioned they were allegedly kicked, beaten and electrocuted. Jayawijaya police reportedly used a hammer to hit their spines, heads and toes. ALDP lawyers reported that some of the detainees who have already been released suffered broken bones as a result of being beaten with hammers and are receiving traditional medication in their village. There have also been reports of the detainees being denied access to visits from their families.

The five men who remain in detention are currently facing charges under Articles 187 and 164 for conspiracy to endanger security of persons or property, for reportedly making and using explosives.

ALDP lawyers stated that police have so far failed to clearly explain what explosives the five men allegedly possess or a clarification on why they are being charged under these articles.

 

Lawyers submit letter of complaint in Nimbokran case

On 26 August, human rights lawyers representing the 12 detainees in the Nimbokran arrests case submitted a letter of complaint to the Head of Papua National Police province, criticising the barriers they faced while attempting to gain access to their clients while they were detained in Jayapura Regional police station, and the ill-treatment the detainees faced on arrest.

The letter stated that police officers forced Sahayu Loho, one of the 12 men that remain in detention, to wear military fatigues and pose with several objects that had been found during one of their searches, including arrows and a baton, and then photographed him. Paulus Logo, who has since been released, was hit repeatedly on the neck with rifle butts, beaten on the back with batons and hit on the head with a wooden stick on arrest. Wene Naftali Hisage was also hit repeatedly with rifle butts and beaten with batons on arrest. In detention at Jayapura Regional police station, Hisage was hit on the mouth, back and neck with a wooden plank and his legs were stamped on by police officers. He had acted as a translator for those detainees who do not speak Indonesian, and police started beating him when they thought his translation was insufficient. A woman named Amina Sapla was hit on the back and left arm with a car jack. The letter also stated that another detainee, Jhon Lakopa Pigai, still had visible injuries from beatings endured on arrest and in detention.

The 12 men face charges of treason under Article 106 of the Indonesian Penal Code.

Supreme Court increases prison sentence of Biak 1 May detainee

Information received from defence lawyers in the Biak 1 May case reported that one of the six detainees, Oktovianus Warnares, has been sentenced to seven years’ imprisonment by the Indonesian Supreme Court. This is an increase from the prison sentence handed down by the Biak High Court of five years.

Cases of concern

 

UNCEN student and activist publically tortured in Waena

On 2 September, KNPB member and UNCEN student Rigo Wenda was allegedly beaten and stabbed by Indonesian army officers in Waena, Jayapura. A report received from an independent human rights worker stated that military officers who were guarding a security post approached Wenda and his brother as they were on their way home and reportedly started beating them without any reason. The two men reacted in self-defence and attempted to fight off the military officers. Military officers then slashed Rigo Wenda with a bayonet blade on his thigh, knee, chest, ear and stabbed him in the stomach. Wenda was reported to be in a critical condition and unable to breathe without the help of respiratory equipment. Later on the same day, UNCEN students demonstrated against the incident and called for the perpetrators to be brought to justice. It is unclear whether police are conducting any investigations into this incident.

Papuan man publically mutilated and murdered close to Youtefa market, Abepura

On 7 August, David Boleba, an indigenous Papuan, was publically tortured, mutilated and murdered by a group of immigrant youth close to Youtefa market in Abepura. His relative Daniel Boleba suffered beatings and gunshot wounds. The incident reportedly took place in the presence of an Abepura District police officer who took no measures to stop the violence from occurring.

Testimony from Daniel Boleba recorded in a report from the Justice, Peace and Integrity of Creation Desk (Keadilan, Perdamaian dan Keutuhan Ciptaan, KPKC) of the Evangelical Christian Church (Gereja Kristen Injili, GKI) stated that at around midnight, a fight broke out between a group of immigrant youth and Daniel Boleba. One of the youths hit Daniel Boleba with a glass bottle on his head while another threatened him with a pistol. Once the fight subsided, he then left to inform his relative David Boleba of the incident. David and Daniel Boleba then both headed to the place of the incident to confront the group of youths. The two men were then attacked by the group and both suffered gunshot wounds. While Daniel managed to escape, David Boleba was beaten to death by the group. According to testimony from Daniel Boleba, an Abepura District police officer named Robby Fingkrew was present at the time of the incident, who reportedly did nothing to stop the youths.

Upon escaping, Daniel Boleba sought treatment in Bhayangkara hospital for his gunshot and other wounds. According to testimony from the victims’ family, David Boleba’s body was found mutilated; his head had been sliced with a sharp weapon and two of his legs were amputated. The family stated that only one man had been arrested by police so far.

 

Police fail to stop burning of two houses belonging to Areki Wanimbo

A report received by the Advocacy Network for Upholding Law and Human Rights (Jaringan Advokasi Penegakan Hukum dan HAM Pegunungan Tengah Papua, JAPH&HAM) reported a fight that broke out between two groups in Lanny Jaya on 18 September, which led to the burning down of two traditional honai houses of Areki Wanimbo. The report alleged that at the time of the incident, Jayawijaya Regional police were present at the scene and made no efforts to stop the violence and arson. Police did however fire gunshots, injuring 18-year-old Kukes Wandikbo, who suffered wounds on the neck and back. According to the report received, while it does not seem that the burning down of the houses was in any way related to the trial Wanimbo is currently facing, police may have allowed the incident to happen due to the fact that Wanimbo is currently standing trial for charges of conspiracy to commit treason.

 

Military and police continue to terrorise villagers in Pirime district

As reported in our last update, the humanitarian situation in Lanny Jaya was of particular concern following fighting that broke out between Indonesian police and military forces and a pro-independence armed movement led by Enden Wanimbo. Information published on the KNPB website reported similar concerns, stating that on 26 and 27 September, security forces continued to burn down houses in Indawa village in Pirime district. Security forces also allegedly shot and killed the villagers’ livestock. KNPBNews reported that the situation in Lanny Jaya remains unstable with villagers being forced to flee their homes. On 1 August, during a similar raid on Ekanom village in Pirime district, Pastor Ruten Wakerkwa was arrested when police found a photo of the Morning Star flag on his phone. Early reports indicate that he is likely to have faced torture in detention. It remains unclear what charges Wakerkwa faces if any. It is believed that he remains in detention in Lanny Jaya Regional police station.

15-year-old boy shot by Brimob officers

A report from JAPH&HAM described the shooting of Weak Wantik, a 15-year-old boy, on 6 September in Kosiape village in Musatfak district, Jayawijaya regency. Wantik was reportedly drunk when he stopped a car containing four Mobile Brigades (Brigades Mobil, Brimob) officers with the intention of asking for a cigarette. The four fully armed Brimob officers exited the vehicle which then caused Wantik to panic and run away. The Brimob officers then fired in his direction, hitting him three times on his left leg. He received seven stitches as a result of his bullet wounds. He was reportedly tightly guarded by police officers while seeking medical treatment at Wamena Hospital. As a result, he felt intimidated and left the hospital after two days without seeking further advice from doctors. While intelligence officers had visited him in hospital to reportedly interview him regarding the incident, there have been no further investigations into the incident.

Memorial service interrupted because of Morning Star decoration

Papuan news site Majalah Selangkah reported that on 5 September, Timika District police interrupted a church memorial service for Dr John Otto Ondawame in Timika and demanded that banners with the images of the Morning Star flag to be taken down. Police forbade people from taking photographs of the incident. Following this, police monitored the memorial service from outside the church. Dr Ondawame hailed from Timika and was the vice-chairman of the West Papua National Coalition for Liberation (WPNCL).

Calls for investigations into murder of Martinus Yohame remain unheeded by Indonesian authorities

Demands from the Papuan branch of the National Human Rights Comission (Komisi Hak Asasi Manusia, Komnas HAM) and Amnesty International calling on Indonesian authorities to seek justice for the murder of KNPB Sorong leader Martinus Yohame have so far gone unheeded. Indonesian police stated that the absence of an autopsy has made investigations into Yohame’s death difficult. However, an initial hospital report found that Yohame suffered from heavy beatings on his face, stab wounds and gunshot wounds, clearly indicating foul play.

Yohame’s family had rejected a request for an autopsy to be performed. KNPB Chairman Agus Kossay told Jubi that this was because Yohame’s family did not trust that police investigations would be effective. Kossay cited past cases of murders of Papuan activists such as Mako Tabuni, Hubertus Mabel, Yesa Mirin and Terijoli Weya, where police investigations yielded no results and no one was held to account. Papuan human rights network Solidarity for Victims of Human Rights Violations in Papua (Solidaritas Korban Pelanggaran Hak Asasi Manusia, SKP-HAM Papua) has called on the UN Special Rapporteurs on Torture and Extrajudicial Executions to visit Papua to conduct thorough investigations into the murder of Martinus Yohame.

 

News

 

KNPB leader and ex-political prisoner Victor Yeimo calls on Papuan police to stop criminalising activists

Ex-political prisoner and KNPB leader Victor Yeimo has called on the Head of the Papua National police (Kepala Kepolisian Daerah, Kapolda) to stop criminalising human rights activists by removing them from the list of people wanted by the police (Daftar Pencarian Orang, DPO). Yeimo cites Simeon Dabi, a KNPB leader in Wamena, as an example of an activist listed in the DPO despite him not being involved in any criminal cases.

September 2014 Papuan political prisoners

 

 

  Prisoner Arrested Charges Sentence Case Accused of violence? Concerns reported re legal process? Prison / Place of detention

1

Abner Bastian Wanma

22 August 2014 Unknown Police investigation pending Raja Ampat cultural group leader arrest Uncertain Uncertain Raja Ampat

2

Philemon Yarem

10 August 2014 Articles 106, 87, 53 Awaiting trial Nimbokran arrests Uncertain Yes Doyo Regional police station

3

Loserek Loho

10 August 2014 Articles 106, 87, 53 Awaiting trial Nimbokran arrests Uncertain Yes Doyo Regional police station

4

Sahayu Loho

10 August 2014 Articles 106, 87, 53 Awaiting trial Nimbokran arrests Uncertain Yes Doyo Regional police station

5

Enos Hisage

10 August 2014 Articles 106, 87, 53 Awaiting trial Nimbokran arrests Uncertain Yes Doyo Regional police station

6

Herman Siep

10 August 2014 Articles 106, 87, 53 Awaiting trial Nimbokran arrests Uncertain Yes Doyo Regional police station

7

Nius Alom

10 August 2014 Articles 106, 87, 53 Awaiting trial Nimbokran arrests Uncertain Yes Doyo Regional police station

8

Jhon Lakopa Pigai

10 August 2014 Articles 106, 87, 53 Awaiting trial Nimbokran arrests Uncertain Yes Doyo Regional police station

9

Gad Mabel

10 August 2014 Articles 106, 87, 53 Awaiting trial Nimbokran arrests Uncertain Yes Doyo Regional police station

10

Anton Gobay

10 August 2014 Articles 106, 87, 53 Awaiting trial Nimbokran arrests Uncertain Yes Doyo Regional police station

11

Yos Watei

10 August 2014 Articles 106, 87, 53 Awaiting trial Nimbokran arrests Uncertain Yes Doyo Regional police station

12

Matius Yaung

10 August 2014 Articles 106, 87, 53 Awaiting trial Nimbokran arrests Uncertain Yes Doyo Regional police station

13

Alpi Pahabol

10 August 2014 Articles 106, 87, 53 Awaiting trial Nimbokran arrests Uncertain Uncertain Doyo Regional police station

14

Areki Wanimbo

6 August 2014 Articles 106 and 110 Awaiting trial French journalists arrests in Wamena Uncertain Uncertain Papuan Police Headquarters

15

Pastor Ruten Wakerkwa

1 August 2014 Unknown Police investigation pending Lanny Jaya 2014 military raid arrests Uncertain Uncertain Lanny Jaya Regional police station

16

Sudi Wetipo

14 July 2014 Unknown Police investigation pending Boycott Pilpres 2014 in Wamena Uncertain Uncertain Jayawijaya Regional police station

17

Elius Elosak

14 July 2014 Unknown Police investigation pending Boycott Pilpres 2014 in Wamena Uncertain Uncertain Jayawijaya Regional police station

18

Domi Wetipo

14 July 2014 Unknown Police investigation pending Boycott Pilpres 2014 in Wamena Uncertain Uncertain Jayawijaya Regional police station

19

Agus Doga

14 July 2014 Unknown Police investigation pending Boycott Pilpres 2014 in Wamena Uncertain Uncertain Jayawijaya Regional police station

20

Yosep Siep

9 July 2014 Articles 187, 164 Awaiting trial Boycott Pilpres 2014 in Wamena Yes Uncertain Jayawijaya Regional police station

21

Ibrahim Marian

9 July 2014 Articles 187, 164 Awaiting trial Boycott Pilpres 2014 in Wamena Yes Uncertain Jayawijaya Regional police station

22

Marsel Marian

9 July 2014 Articles 187, 164 Awaiting trial Boycott Pilpres 2014 in Wamena Yes Uncertain Jayawijaya Regional police station

23

Yance Walilo

9 July 2014 Articles 187, 164 Awaiting trial Boycott Pilpres 2014 in Wamena Yes Uncertain Jayawijaya Regional police station

24

Yosasam Serabut

9 July 2014 Articles 187, 164 Awaiting trial Boycott Pilpres 2014 in Wamena Yes Uncertain Jayawijaya Regional police station

25

Alapia Yalak

4 June 2014 Unknown Police investigation pending Yahukimo arrests Yes Yes Papua Police Headquarters

26

Ferdinandus Blagaize 24 May 2014 Unknown Police investigation pending Merauke KNPB arrests No Uncertain Okaba District police station

27

Selestinus Blagaize 24 May 2014 Unknown Police investigation pending Merauke KNPB arrests No Uncertain Okaba District police station

28

Lendeng Omu

21 May 2014 Unknown Police investigation pending Yahukimo arrests Uncertain Yes Yahukimo Regional police station

29

Jemi Yermias Kapanai

1 February 2014 Articles 106, 108, 110 and Emergency Law 12/1951 On trial Sasawa military raid arrests Yes Yes Sorong

30

Septinus Wonawoai 1 February 2014 Articles 106, 108, 110 and Emergency Law 12/1951 On trial Sasawa military raid arrests Yes Yes Sorong

31

Rudi Otis Barangkea 1 February 2014 Articles 106, 108, 110 and Emergency Law 12/1951 On trial Sasawa military raid arrests Yes Yes Sorong

32

Kornelius Woniana 1 February 2014 Articles 106, 108, 110 and Emergency Law 12/1951 On trial Sasawa military raid arrests Yes Yes Sorong

33

Peneas Reri 1 February 2014 Articles 106, 108, 110 and Emergency Law 12/1951 On trial Sasawa military raid arrests Yes Yes Sorong

34

Salmon Windesi 1 February 2014 Articles 106, 108, 110 and Emergency Law 12/1951 On trial Sasawa military raid arrests Yes Yes Sorong

35

Obeth Kayoi 1 February 2014 Articles 106, 108, 110 and Emergency Law 12/1951 On trial Sasawa military raid arrests Yes Yes Sorong

36

Yenite Morib

26 January 2014 Unknown Police investigation pending Dondobaga church arrests Yes Yes Puncak Jaya regional police station

37

Tiragud Enumby

26 January 2014 Unknown Police investigation pending Dondobaga church arrests Yes Yes Puncak Jaya regional police station

38

Deber Enumby 4 January 2014 Emergency Law 12/1951 Police investigation pending Kurilik firearms arrests Yes Yes Papua Police Headquarters

39

Soleman Fonataba 17 December 2013 106, 110)1, 53, 55 Trial beginning on 6 August Sarmi 2013 Morning Star flag arrests No / not yet clear No On bail, cannot leave Sarmi

40

Edison Werimon 13 December 2013 106, 110)1, 53, 55 Trial beginning on 6 August Sarmi 2013 Morning Star flag arrests No / not yet clear No On bail, cannot leave Sarmi

41

Piethein Manggaprouw 19 October 2013 106, 110 2 years Third Papuan Congress demo in Biak No Yes Biak

42

Apolos Sewa* 28 August 2013 106, 110 Under investigation Freedom Flotilla arrests in Sorong No Yes On bail

43

Yohanis Goram Gaman* 28 August 2013 106, 110 Under investigation Freedom Flotilla arrests in Sorong No Yes On bail

44

Amandus Mirino* 28 August 2013 106, 110 Under investigation Freedom Flotilla arrests in Sorong No Yes On bail

45

Samuel Klasjok* 28 August 2013 106, 110 Under investigation Freedom Flotilla arrests in Sorong No Yes On bail

46

Stefanus Banal 19 May 2013 170 )1 1 year and 7 months Pegunungan Bintang police raid 2013 Yes Yes Abepura

47

Oktovianus Warnares 1 May 2013 106, 110, Emergency Law 12/1951 7 years Biak flag-raising, 1 May commemoration Yes Yes Biak

48

Yoseph Arwakon 1 May 2013 106, 110, Emergency Law 12/1951 2 years and 6 months Biak flag-raising, 1 May commemoration Yes Yes Biak

49

Markus Sawias 1 May 2013 106, 110, Emergency Law 12/1951 2 years Biak flag-raising, 1 May commemoration Yes Yes Biak

50

George Syors Simyapen 1 May 2013 106, 110, Emergency Law 12/1951 4.5 years Biak flag-raising, 1 May commemoration Yes Yes Biak

51

Jantje Wamaer 1 May 2013 106, 110, Emergency Law 12/1951 2 years and 6 months Biak flag-raising, 1 May commemoration Yes Yes Biak

52

Hengky Mangamis 30 April 2013 106, 107, 108, 110, 160 and 164 1 year and 6 months Aimas 1 May commemoration No Yes Sorong

53

Yordan Magablo 30 April

2013

106, 107, 108, 110, 160 and 164 1 year and 6 months Aimas 1 May commemoration No Yes Sorong

54

Obaja Kamesrar

30 April

2013

106, 107, 108, 110, 160 and 164 1 year and 6 months Aimas 1 May commemoration No Yes Sorong

55

Antonius Saruf 30 April

2013

106, 107, 108, 110, 160 and 164 1 year and 6 months Aimas 1 May commemoration No Yes Sorong

56

Obeth Kamesrar 30 April

2013

106, 107, 108, 110, 160 and 164 1 year and 6 months Aimas 1 May commemoration No Yes Sorong

57

Klemens Kodimko 30 April

2013

106, 107, 108, 110, 160 and 164 1 year and 6 months Aimas 1 May commemoration No Yes Sorong

58

Isak Klaibin 30 April

2013

106, 107, 108, 110, 160 and 164 3 years and 6 months Aimas 1 May commemoration No Yes Sorong

59

Isak Demetouw (alias Alex Makabori) 3 March 2013 110; Article 2, Emergency Law 12/1951 2 years 2 months Sarmi treason No Yes Sarmi

60

Niko Sasomar

3 March 2013 110; Article 2, Emergency Law 12/1951 2 years 2 months Sarmi treason No Yes Sarmi

61

Sileman Teno 3 March 2013 110; Article 2, Emergency Law 12/1951 2 years 2 months Sarmi treason No Yes Sarmi

62

Jefri Wandikbo 7 June 2012 340, 56, Law 8/1981 8 years KNPB activist tortured in Jayapura Yes Yes Abepura

63

Timur Wakerkwa 1 May 2012 106 2 years and 6 months 1 May demo and flag-raising No No Abepura

64

Darius Kogoya 1 May 2012 106 3 years 1 May demo and flag-raising No No Abepura

65

Wiki Meaga 20 November 2010 106 8 years Yalengga flag-raising No Yes Wamena

66

Meki Elosak 20 November 2010 106 8 years Yalengga flag-raising No Yes Wamena

67

George Ariks 13 March 2009 106 5 years Unknown Unknown No Manokwari

68

Filep Karma 1 December 2004 106 15 years Abepura flag-raising 2004 No Yes Abepura

69

Yusanur Wenda 30 April 2004 106 17 years Wunin arrests Yes No Wamena

70

Linus Hiel Hiluka 27 May 2003 106 19 years and 10 months Wamena ammunition store raid Yes Yes Nabire

71

Kimanus Wenda 12 April 2003 106 19 years and 10 months Wamena ammunition store raid Yes Yes Nabire

72

Jefrai Murib 12 April 2003 106 Life Wamena ammunition store raid Yes Yes Abepura

73

Numbungga Telenggen 11 April 2003 106 Life Wamena ammunition store raid Yes Yes Biak

74

Apotnalogolik Lokobal 10 April 2003 106 20 years Wamena ammunition store raid Yes Yes Biak

 

* Apolos Sewa, Yohanis Goram Gaman, Amandus Mirino and Samuel Klasjok are currently facing charges of conspiracy to commit treason. Even though they were bailed a day after their arrest, they are currently undergoing investigation and are vulnerable to re-arrest. They are currently obliged to report to the police twice a week.

 

Papuans Behind Bars aims to provide accurate and transparent data, published in English and Indonesian, to facilitate direct support for prisoners and promote wider debate and campaigning in support of free expression in West Papua.

Papuans Behind Bars is a collective effort initiated by Papuan civil society groups working together as the Civil Society Coalition to Uphold Law and Human Rights in Papua. It is a grassroots initiative and represents a broad collaboration between lawyers, human rights groups, adat groups, activists, journalists and individuals in West Papua, as well as Jakarta-based NGOs and international solidarity groups.

 Questions, comments and corrections are welcomed, and you can write to us at info@papuansbehindbars.org

Communities Should Decide First, Before Permits are Issued

By AwasMifee

Published: September 9, 2014

Peta-HTI-PT.-Wahana-Samudera-Sentosa-600x423

Indigenous people in Okaba think the government is disrespecting and ignoring the rights of indigenous Marind communities to information, and to take their own decisions about whether or not to surrender land rights.

According to Gerardus Kaize, a Marind community leader from Okaba district, before the government issues any location permits the community should be able to decide whether they want plantations. “The government and companies should come and talk to the community and give them information, and then the community should discuss these proposals according to our customary law and come to our decsion, because this land has owners, it is not some empty wasteland”, he said.

Gerardus Kaize conveyed this opinion as a criticism of the government policy after receiving a circular letter and notice from the head of the Regional Environmental Management Agency for Papua Province, which asked for written suggestions, opinions and responses from the community about granting an Environmental Permit to PT Wahana Samudera Sentosa to use forest wood for an industrial timber plantation (HTI) over 79,006 hectaares in Ngguti and Okaba districts, which was issued by the Merauke Bupati (elected regency leader) in his decision document 133/2014 on 20th March 2014.

The government and company have yet to sit down together with the villagers and discuss in detail the planned industrial timber plantation or reach an agreement with the community. How can the community give their suggestions or responses if they have not been given any information about what the company wants to do?

“It’s just about keeping the people in a state of ignorance. However good a government land-management program might be, it is bound to fail if it does not involve the community, that’s why we are asking for the industrial tree plantation to be delayed until the community has discussed it and come to a decision.” Gerardus Kaize said. He is also a well-known educator and was a successful candidate in the Merauke District Legislative Assembly elections this year.

Community aspirations are that they do not wish to give up their rights to their land and forests, and the reason is because forest is the source of the Malind indigenous people’s livelihood, which the community wants to use for their own benefit. “We don’t need money, but we do need the forest to be able to continue our livelihoods and for future generations,“ Gerardus Kaize said.

Source: Pusaka http://pusaka.or.id/masyarakat-harus-duduk-ambil-keputusan/

Controversy of Environmental Permit Mechanism that Sidelines Community Participation

From awasMifee

Published: September 8, 2014

On 16th August 2014, the Cenderawasih Pos newspaper displayed a notice from the Papuan Provincial Environmental Management Agency (BPLH), taking up about 10 x 20 cm of one column. It informed the papers’ readers about the Merauke Bupati (elected regency leader)’s decision (number 133/2014) which concerned an environmental permit for a timber enterprise on PT Wahana Samudera Sentosa (WSS)’s 79,006 hectare industrial forestry concession in Ngguti and Okaba districts, Merauke Regency.

The community were asked to give their suggestions, opinions and responses to this environmental permit in writing to the head of the BPLH in Papua, within a time limit of five working days from when the notice was published (12 -18 August 2014).

The government issues these environmental permits as a prerequisite that those wishing to initiate new developments must meet in order to obtain their permit to operate, and it is concerned with protecting and managing the environment. According to Government Regulation 27/2012 concerning Environmental Permits, each enterprise and/or project which needs an Environmental Impact Assessment (Amdal) or Environmental Management and Monitoring Plans (UKL-UPL), is obliged to obtain an Environmental Permit. The process consists of three stages: a) compiling the Amdal and UKL-UPL, b) evaluating the Amdal and examining the UKL-UPL, and c) requesting and being issued an environmental permit (cf. Article 2 of the regulation 27/2012)

In the case of PT WSS’s Environmental Permit (and this is also the case in general for companies operating in Papua), the government and developers have been seen to go through the steps required to obtain their environmental permit, seemingly just so they can meet the requirements of the procedure laid out in Government Regulation 27/2012. The substance of their research into the significant impacts of proposed business plans tends to lack attention to detail, as it is just based on a cursory academic study. The knowledge and participation of affected communities is ignored and tends to be pushed aside.

Diminishing the participation of indigenous communities and marginalising their indigenous knowledge takes place at each stage, from when the Amdal and UKL-UPL are compiled, through the evaluation and examination, right up to the moment the permit is issued. For example, during the Amdal compilation stage, the government provides for community participation through 1) publishing a plan of work and 2) public consultation, where the community has the right to give suggestions, opinions and responses to the plans during a period of 10 days from the announcement, which they must communicate in writing to the developer, minister, governor, bupati or mayor.

The mechanism of giving notice which relies on the media as explained above, is a way of reducing the the indigenous peoples of the interior of Papua’s opportunities for participation. The reason is they have very limited access to news media such as the Cenderawasih Pos, and do not have the luxury of radios and televisions, they do not even have electricity. How could it be possible for them to receive the notice and participate in the plans?

Establishing a time limit of ten days for suggestions and opinons could also prove difficult for Papuan indigenous people who learn from their experience and build up their knowledge over many years. Whether an individual, or the wider community, they need a long time, to read, study, understand, consult and discuss, before giving a response or opinion to any proposed development they have just heard about.

In this way, the time limit also limits the chances for local indigenous people to find out about the plans and participate in developing plans. Especially if government and developers do not provide independent and professional workers who can help the community study the development documents.

The next way in which the community are pushed out of the process is in the Amdal consultations, which only involves a few representatives of the communities and takes place in a hotel in the regency or provincial capital. In the Malind people’s social system, discussions about how to make use of the land on a wider scale have to take place collectively between communities from the four directions of the wind, from the Kondo to the Digoel rivers. Such a meeting should take place on the land itself, not in an air-conditioned meeting room with ceramic floors.

The community is forcibly introduced to the knowledge of how environmental impacts are evaluated and a new mechanism of taking decisions which is beyond their grasp. Community participation becomes merely procedural and follows the developers’ wishes. The way this process of participation and decision-making is steered off course is a clear illustration of discrimination against indigenous social systems and the limits to Papuan indigenous people’s civil and political rights.

Existing mechanisms and institutions for awarding environmental permits are not appropriate in the land of Papua. It is highly necessary to develop  mechanisms and institutions for giving permits which prioritised the authority and indigenous rights of local communities, as well as principles of justice.

Source: Pusaka http://pusaka.or.id/kontroversi-mekanisme-izin-lingkungan-menggembosi-partisipasi-masyarakat/

Cafe Pacific: Indonesian ‘open door’ policy on West Papua ‘a lie’ as French journos still detained

first published Saturday, September 6, 2014

Two arrested French journalists, Thomas Dandois (centre) and Valentine Bourrat (left), from Franco-German television channel Arte, are photographed with an unidentified Indonesian immigration official in Jayapura in Papua province last week. Image: AsiaOne

by David Robie, Cafe Pacific

RECENT claims by Indonesian authorities that there was a fresh “open door” policy over inquisitive journalists wanting to enter West Papua and report “on the level” have turned out to be false.

Hopeful signs through insightful reports (long with intelligence minders) by SBS Dateline’s Mark Davis, Michael Bachelard of The Age and The Sydney Morning Herald’s Jakarta bureau and AAP’s Karlis Salna that the Indonesian government had indeed seen the light – or at least was having a serious rethink – have turned out to be nothing but a mirage.

In the latest July/August edition of The Walkley Magazine, a Bachelard article featured “Opening the doors to West Papua” about his experience in January 2013 as “the first foreign reporter (excluding travel writers) to be given entry for about 12 months, and the first Australian for significantly longer”. He wrote rather prematurely:

“I hope the Indonesian government sees that these stories have not caused the sky to fall in, because only then will they open up West Papua. Then perhaps, reporting there can become just like any other part of my job.”

However, the detention of two French journalists – who are facing charges of “treason” and “immigration crime” – and a West Papuan tribal leader early last month has made a mockery of the new Indonesian policy.

Thomas Dandois and Valentine Bourrat …
file pictures from Tabloid Jubi.

Even before these arrests, a leading West Papuan journalist, Tabloid Jubi publisher Victor Mambor (also chair of the West Papua branch of the Alliance of Independent Journalists), on a visit to New Zealand just a few days earlier, had warned journalists and civil society activists not to be seduced by Indonesian claims of “press freedom”.

Arrested on August 5 for working on tourist visas, Thomas Dandois, 40, and 29-year-old Valentine Bourrat  today remain in detention, along with Areki Wanimbo, an indigenous leader from Lanny Jaya, according to the Indonesian human rights group Tapol.

International condemnation has been mounting with many West Papuan human rights groups and media freedom advocates calling for their immediate release.

Not content with throwing the book of repression against all three detainees, Indonesian intelligence agents have been snooping around and harassing anybody who has been in contact with them, report New Zealand-based Pacific Media Watch’s Anna Majavu and Australian-based West Papua Media’s editor Nick Chesterfield.

In a report posted today on the Tapol website, it declared:

Indonesia continues to impose severe restrictions on access to Papua for foreign journalists and human rights workers. While most foreign journalists apprehended in Papua are swiftly deported to their home countries, in this case the pair have been charged with immigration offences and accused of trying to destablise Papua.
Papuan civil society has been quick to show their support and have demonstrated calling for the release of the journalists. The Jayapura branch of the Alliance for Independent Journalists in Indonesia has appealed for the pair to be released and deported rather than subjected to legal process.
A plethora of international rights organisations have condemned the arrests and issued statements calling for their release. On August 11, Reporters without Borders issued a statement confirming that the French couple were indeed journalists who had been reporting on Papua.

On August 25, the International Federation of Journalists called for the release of the two journalists, and on August 30, Amnesty International condemned the arrests and called for the journalists and Mr Wanimbo to be released. Several international NGOs have issued urgent appeals calling for the immediate release of the three detainees.
As the three detainees spend their 32nd night in jail tonight, human rights groups are united in their hope that upon his inauguration in October, President-elect Jokowi will act swiftly in honouring his promise to open up Papua to international journalists, observers, human rights and humanitarian workers.

Tapol has also posted an extensive outline of the case on its website as part of an appeal in support of the detained three. It also notes:

A conflict area where human rights violations are rampant, Papua has been strictly isolated by the Indonesian government from international journalists and bodies. A special permit from the government is required for international journalists and institutions to legally visit the area. No such permit is needed to visit other parts of Indonesia.

(West Papua Media editorial note:  As West Papua Media is accused by the Indonesian police of being a participant in this case, and its editor has also been threatened by Indonesian police with illegal extradition (rendition) for arrest under subversion and espionage charges; for ethical and security reasons, all reportage on this case is being done via our partners at the Pacific Media Centre and syndicated here.  We thank our partners for their continued support during this difficult time.)

PMC: Detained French journos may face five years in prison

French journalists Thomas Dandois and Valentine Bourrat. Image: Free West Papua Campaign

Wednesday, September 10, 2014

Item: 8952

JAYAPURA (Sydney Morning Herald / Pacific Media Watch / West Papua Media Alerts): Indonesian authorities want to jail two French journalists for five years for the “crime” of reporting from West Papua without journalists’ visas.

The Sydney Morning Herald reported yesterday that instead of deporting journalists Thomas Dandois, 40, and Valentine Bourrat,29, as is normal practice, Indonesian authorities want the maximum sentence.

The head of the Immigration Office in Papua, Garda Tampubolon, told Fairfax Media that the journalists would remain in jail until their trial started, which might be next month.

Dandois and Bourrat have already been in custody for a month.

The Sydney Morning Herald reported:

“Police spokesman Sulistyo Pudjo said the criminal subversion investigation was under way but ‘this is a very complicated case, it is not easy’. The charge carries a 20-year jail sentence. Police have indicated in the past that Dandois and Bourrat are under suspicion over an ammunition swap gone wrong in the Papua Highlands, during which two police officers were shot. However, the only evidence of their alleged involvement appears to be that they interviewed political separatists”.

It appears that Indonesia wishes to deter foreign journalists from reporting on their 50-year military occupation of West Papua because they are persisting with charging Bourrat and Dandois even though the journalists issued an apology for reporting without the correct visa.

Arte TV’s production house has also promised not to use any footage which “may discredit Indonesia’s reputation”, the Sydney Morning Herald reported.

Meanwhile, the West Papua Media news service reports that several West Papuans have been arrested for meeting with Dandois and Bourrat last month.

These are respected indigenous West Papuan leader, Areki Wanimbo, who met with the journalists on the day they were arrested, along with Deni Dow and Jornus Wenda who also attended the meeting.

Theo Hesegem and a Mr Logo, who accompanied the journalists to the meeting with Wanimbo, were also arrested.

Low, Wenda and Dow were interrogated for 24 hours before being released without charge, but Wanimbo remains in detention and has been charged with “complicity to misuse a permit” and “treason”.

The “treason” charge relates to Wanimbo collecting donations for a meeting to discuss West Papua’s membership application to the Melanesia Spearhead Groups (MSG).

 

(West Papua Media editorial note:  As West Papua Media is accused by the Indonesian police of being a participant in this case, and its editor has also been threatened by Indonesian police with illegal extradition (rendition) for arrest under subversion and espionage charges; for ethical and security reasons, all reportage on this case is being done via our partners at the Pacific Media Centre and syndicated here.  We thank our partners for their continued support during this difficult time.)