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Timika Six plead for international intervention after sentence passed despite unproven case

by West Papua Media, with Oktovianus Pogau at SuaraPapua.com

April 18, 2013

Six West Papua National Committee (KNPB) activists from Timika were each sentenced to one year in prison on Tuesday by judges from the Assembly District Court in a trial deemed as opaque and farcical by observers.  Sentenced on charges of carrying dangerous weapons and makar (treason/subversion), defence lawyers insisted that the six non-violent activists had no case proven against them and will immediately be lodging an appeal.

The KNPB Timika 6 back in their cells, photo taken April 17, after trial hearing. From L-R, (photo KNPB/ West Papua Media)

The KNPB Timika 6 back in their cells, photo taken April 17, after trial hearing. (photo KNPB/ West Papua Media)

The six, Romario Yatipai, Steven Itlay, Yakonias Womsiwor, Paulus Marsyom, Alfred Marsyom and Yanto Awerkion, were arrested on October 24, 2012, amidst a spate of high publicity arrests of KNPB activists by the Australian-funded counter-terror unit Detachment 88.  The then-incoming Papua Police Chief, former Detachment 88 chief Tito Karnavian,  exploited the brutal arrests to increase justification for use of Detachment 88 against political activists at a time when OTK (unknown persons, now known as Orang Terlatih Khusus or Specially Trained Persons) killings were spiralling out of control across Papua.

Despite Jakarta pinning the blame for the killings on non-violent activists from the

KNPB Timika Activist  Romario Yatipai

KNPB Timika Activist Romario Yatipai

KNPB, no credible evidence had been able to prove KNPB responsibility despite highly politicised and farcical trial processes.  Most independent observers have linked responsibility for OTK incidents in Papua squarely in the hands of agents of the Indonesian special forces.

In SMS and email communications to West Papua Media from the prison before and after the trial, KNPB activist and detainee spokesman Romario Yatipai said that the assertions made by police were “Simply lies”.

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“We are KNPB activist in Timika, West Papua. Indonesia Police jailed us with no reason.” – Romario Yatipai

“Indonesian police say that KNPB activist are criminals, terrorists, Makar (treason), separatist and so on,” Yatipai explained.

“Actually, KNPB activists in Timika always make peaceful demonstrations with all West Papuans.    We always make peaceful demonstrations to demand Referendum, as the best solution for West Papua,” he said.

Central to the police case was that the accused were allegedly carrying explosives to be used against Indonesian police posts and military targets, yet no evidence was furnished that could prove that the accused possessed explosives before t

Despite the Australian Federal Police providing Detachment 88 with state-of-the-art explosives and ballistic forensic testing capability to secure counter-terror convictions, none of this equipment or personnel were deployed in Papua for any of the OTK  trials, and no forensic proof was available at the Timika 6 trials that could have linked any of the defendants to use of explosives.

The trial heard wild accusations from prosecutors and police, but defence lawyers led by Gustaf Kawer, objected and expressed surprise when Yanto Awerkion (19) was sentenced.

As to who had ownership of explosives, Kawer explained to Suara Papua, none of the witnesses saw the defendant carrying explosives, but officials forced the defendant to claim possession of explosives.

“Since the moment of the defendant’s arrest along with five colleagues, there were absolutely no explosives he possessed … Yet when he reached the Mimika police station, the officers brought explosives and used it as evidence, and compelled the accused to confess  having an explosive. It’s very strange,” Kawer told Suara Papua.   ”Our legal counsel will conduct a plea on April 23, 2013. The sixth defendant must be released immediately because of  not proven guilty, “

Kawer also objected to the sentencing of the other defendants under makar provisions, saying the judges decision “did not correlate with the examination of the facts.”

“For the first case, it’s not proven that the five defendants were in the possession of sharp weapons.  And concerning the  treason related article, also during the course of investigation (there was) not any reference to it, but nevertheless the judge decided one year in prison by saying treason  that was proven – so we will appeal, ” Kawer told suarapapua. com.

After the defendants returned to the prison cells that have been their home since October 2012, they made a video appeal on their mobile phones, calling on the international community to do more to ensure that Indonesia ceases its persecution of peaceful political activists.

“We hope (the) International community, Amnesty International, IPWP, ILWP support us and pressure Indonesia government, Indonesia Police in Papua and Timika,” Yatipai told West Papua Media.  “West Papua activists, and all West Papuans need UN Observers,  UN Humanitarian workers, and International Journalists now in Papua.”

“Please support us with prayer and monitoring for us” said Yatipai.

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PAPUA – PRISON ISLAND: SPECIAL IN-DEPTH REPORT

Opinion/ Analysis

by contributors to the “Papuans Behind Bars” Project* (see end of article)

APRIL 16, 2013

An expression of people’s desire for freedom, cries of “Papua Merdeka” continue to ring out through the cities, mountains and forests of West Papua. The struggle is against fifty years of Indonesian rule, which throughout the last half-century has violently tried to subdue Papua, in its attempts to create a unified nation from the 17,000 islands that once made up the Dutch Empire.

Freedom as expressed by the word ‘merdeka’ is primarily a call for political independence, although the word is imbued with the clear hope that a new national sovereignty would also bring a wider liberation. Even when used outside the context of nations, ‘merdeka’ carries a sense of autonomy or self-reliance; from the same Sanskrit root Indonesian also inherited the word mahardika, meaning wisdom or nobility.

Those cries of freedom are also heard from the cells of Papua’s prisons, where its absence is arguably felt more strongly than anywhere else. The struggle for a national liberation suddenly becomes much more personal and immediate when deprived of your own individual liberty, by means of police handcuffs or a judge’s order.

Prison is used as a weapon against the people and their resistance to Indonesia, and over the years thousands of Papuans have found themselves locked away from the world behind prison bars. Many were arrested for expressing their aspirations for liberation, mostly relatively peacefully, but occasionally also for taking up arms. Others were merely unlucky enough to have been in the wrong place at the wrong time and got caught up in the structural violence of a justice system designed to spread intimidation throughout the entire population.

It is not always straightforward to know whether and how to relate to the macro-politics of nation states and aspirations of would-be nation states, and especially for those of us who are not in Papua and who are not forced into an existence defined by ever-present violence, repression, marginalisation and resistance. But by listening to the experiences of people caught up in that system, we can understand and be inspired by the ways that they have found to withstand oppression and create an impulse for their own freedom and that of their friends, families and communities.

Here are some of the stories from Papua Prison Island, tales of some of the individuals who have felt the full force of Indonesia’s law enforcement in recent years, who have been arrested at random or deliberately targeted as activists, who have been tortured or beaten in detention, whose trials were a farce, who have suffered major illnesses with no access to proper healthcare – but who have in many cases kept their strength, their dignity and sense of solidarity intact.

1. Repeated Targets: Buchtar Tabuni and Yusak Pakage

A political prisoner is forever marked out as an enemy of the state.  Those who survive the horrors of the prison system and emerge to continue their resistance after being released are particular targets for petty and personalised vengeance. This was the case in 2012, when two former political prisoners who have remained politically active, Buchtar Tabuni and Yusak Pakage, were rearrested and re-condemned, both under ridiculous pretexts.

The story can be traced back to December 2010 when Miron Wetipo, a prisoner who had recently escaped from Abepura prison, was shot dead. News reached the prison and the prisoners’ anger erupted spontaneously. As a riot commenced, two political prisoners stepped in to try to negotiate a resolution. Buchtar Tabuni, the then-leader of the West Papua National Committee (KNPB), was serving three years for organising a demonstration, and Filep Karma fifteen years for raising the Morning Star flag, a banned symbol of West Papua. Their attempts at mediation were ignored and instead they were blamed for starting the riot. Along with three other prisoners they were transferred from the jail to police headquarters for three months, where they were initially denied food and family visits and were at constant risk of violent reprisals from the cops.

Eventually the men were returned to the prison and the story could have ended there. Although Filep Karma’s sentence is set to run for several more years, Buchtar served the rest of his sentence and was released nine months later. He continued to be a prominent activist fighting for independence.

However, almost a year after his release on 6th June 2012, Buchtar Tabuni was arrested again. This piece of news only made minor headlines at the time, as everyone’s attention was focussed on a wave of seemingly-random shooting incidents that was causing panic at the time around Jayapura, as they were occurring nearly every day. After Buchtar’s arrest, the Jayapura police chief said in a press conference that he had been arrested in connection with a string of recent violent incidents, which would seem to imply the that he was accused of being involved in the shootings.

However, when Buchtar’s lawyer was able to see him, he established that the arrest was actually in connection with the prison riot 18 months before. But why should he be arrested suddenly now, if the case could have been brought to trial at any point in the nine months between the riot and Buchtar’s release while he was still in custody?

In fact, it appears that this arrest was part of a new wave of repression against the KNPB, an organisation which had been gaining in momentum across Papua over the past few years, mostly by organising open demonstrations in Papua’s urban centres. It was to become a decisive move against the popular organisation; Victor Yeimo, who took over from Buchtar as KNPB chair, claimed that 21 KNPB members were killed and 55 imprisoned during the course of 2012. Just over a week after Buchtar was arrested, KNPB deputy leader Mako Tabuni would be gunned down by a police marksman as he was buying betel nut on a street corner.

Buchtar’s trial for violent disturbance started in July. It was reported that several KNPB members received threatening text messages not to attend the trial. Yusak Pakage was undeterred, however. He was also a former prisoner, having been sentenced to ten years in prison at the same flag-raising event in 2004 where Filep Karma had also been arrested. In July 2010 he was granted a pardon and released, after which he was involved in the Papuan Street Parliament (Parlamen Jalanan).

Watching the farce of a trial, Yusak’s frustration built up until he kicked over a rubbish bin. Bright red spit from someone who had been chewing betel nut spilled out of the bin and stained the trouser-leg of a public official. Yusak was arrested. While he was being searched, police found that he was carrying a penknife. This became the pretext to charge him under an Emergency Law from 1951, which prohibits carrying weapons.

So for possessing this everyday object Yusak Pakage was sentenced to seven more months in prison. He has said that he believes he was targeted for having previously been a political prisoner, and it would be hard not to see it that way, as it is totally normal to carry not only penknives but also tools such as machetes and bows-and-arrows in Papua.

Having already spent years behind bars does not make prison less of an isolating experience. Yusak Pakage, whose name is known around the world due to Amnesty International having promoted his case as a prisoner of conscience, told a local reporter how he was saddened at how few visitors he received in prison, especially after his sister moved to another city. While he knew local human rights activists were supporting him in other ways, whether out of fear or lack of motivation, they didn’t come to visit.

But prison can also sharpen the sense of solidarity with those facing the same fate. After being released from his eight month sentence, Buchtar Tabuni’s first act was to go to the site of where his friend Mako Tabuni had been killed. A few days later he flew to Wamena to try to negotiate the release of other KNPB members which had been arrested in September, accused of possessing explosives. This trip was followed up by trips to Timika and Biak, where he also visited KNPB members in prison and tried to secure their release.

2. Left to Sicken and Die: Prisoners of the Wamena Arsenal case.

On December 2012, Kanius Murib passed away in Wamena, 59 years old. He had been in prison since 2003, but in the last few months of his life the prison guards allowed his family to care for him, as by that time he was suffering from severe mental illness and failing physical health. Arrested with nine other people and sentenced to life imprisonment, he was the third prisoner from that case to die in custody.

The accusation laid against the men was that they had carried out a raid on the weapons arsenal in a military base in Wamena on 4th April 2003. Not knowing who had carried out the attack, the military went on the rampage, sweeping through surrounding villages, meting out an undiscriminating collective punishment on the whole population, burning entire villages to the ground as they so often do when they take revenge. Several people were killed in these reprisals, and it is likely that many others starved to death in the mountains as they fled their homes.

Kanius Murib’s house was one of those burnt. He was arrested on 6th April. While still in military detention one week later he was dragged three kilometres to Ilekma Village, together with another man, Yapenus Murib. Kanius was handcuffed, Yapenus was pulled by ropes tied around his neck. This torture was more than a human body could take; he died shortly afterwards.

Seven more men were arrested, and also experienced similarly brutal torture. One was able to escape, so together with Kanius Murib seven were left to stand trial. All were convicted of treason and sentenced to between twenty years and life.

In December 2004 the other six men (Apotnalogolik Lokobal, Jafrai Murib, Linus Hiluka, Numbungga Telenggen, Kimanus Wenda and Michael Heselo) were woken up and forced to get in a truck. They were being moved to Gunung Sari Prison on Sulawesi Island, isolated from friends and family by 2000km of ocean. They remained there until 2007, when Michael Heselo fell ill in prison. Before his family could raise funds to come and visit him, he died in prison, aged 35.

Protests broke out in Papua, demanding that the five men remaining in Makassar should be brought back to Papua. The authorities acceded to the request and the prisoners were divided between Nabire and Biak prisons – still a long way from home, but at least they were in Papua. But prison continued to take its toll on the men’s health. In 2011, Kimanus Wenda started experiencing stomach pains and was vomiting all the time, and feared he had a tumour. Jafrai Murib, who would have been no more than 28 or 29 at the time, had a stroke, which left him almost paralysed.

Both men urgently needed medical care, and it is the prison’s responsibility to ensure inmates receive treatment, but the only attention they received was consultations with local doctors. The prison refused to pay for operations, or for their transfer to Jayapura, where better facilities were available.

This happens time and time again. Filep Karma has also had a history of sickness in prison – kidney problems left him in severe pain for some time. After a long campaign to get treatment for him, finally local activists went out on the streets collecting donations so he could be operated on in Jakarta. In this way they managed to pay for the flights for him and his family, and international groups helped to pay the hospital bill. It is a sign of the force of his character, which has brought him through ten years of prison maintaining a stubborn and uncompromising commitment to his principles, that even as the money was being found, Filep was talking of refusing to leave unless another prisoner, Ferdinand Pakage, could also get treated – he even started a hunger strike. Ferdinand Pakage had been blinded in one eye after a beating by a prison guard, and continues to suffer as a result.

For Kimanus and Jefrai, eventually local activists had no other choice but to go out on the streets and collect donations again. For doing what should have been the state’s responsibility, collecting money to care for sick prisoners, fifteen people were arrested on 20th July 2012. One of them was Yusak Pakage, just three days before he would be arrested again in the courtroom incident.

Eventually, after many months, enough donations were collected, in Papua, Jakarta and abroad, and prison authorities gave their permission for Kimanus and Jafrai to be transferred to Jayapura for treatment. In the end Kimanus was diagnosed with a hernia. But even after all that has happened, accessing health-care continues to be a struggle – the latest news is that Jafrai Murib was temporarily denied access to the physiotherapy he needs to recover from the stroke – as punishment for having a mobile phone in his cell.

3. In the mountains where no-one is watching: Prisoners in Wamena Prison

Wamena, where Kanius Murib and the others were arrested, is the main town of Papua’s Central Highlands, which support a higher population than other parts of Papua, but remain inaccessible. No usable road connects this high plateau to the coast, and news still doesn’t reach the outside world so easily. It is in these mountains that most of the bloodiest military operations have taken place in recent years. When prisoners are taken they are usually accused of treason and often given long sentences based on spurious evidence. As lawyers and human rights groups, already overstretched in the lowlands, have not always had the resources to come up here, there is often no-one to support them. Few details about their cases circulate, and it can be difficult to find any information about them. Here’s what we know:

Tenius Murib and Jigi Jigibalom were arrested in a military sweeping operation in November 2003. Still in the early hours of the morning, troops surrounded a house in Bolakme village and opened fire, killing ten people. The two survivors were arrested, tortured and accused of belonging to the Free Papua Movement guerrilla army. One of the accusations was that they had participated in the same raid on the weapons dump described above. They were sentenced to 20 and 15 years respectively.

Dipenus Wenda was arrested with three other men in March 2004, while they were giving out leaflets campaigning for a boycott of Indonesian elections. One of the four, Marius Koyoga, was shot dead while in police custody. The others went on trial for treason. Dipenus Wenda was sentenced to 14 years in prison.

In January 2005, Yusanur Wenda and between six and eight others were arrested in Wunin district (information is so limited we are not even sure how many people were prosecuted in this case). Also accused of belonging to the OPM, they were supposed to have burnt down public buildings and schools. For this Yusunur Wenda was sentenced to 17 years, and the others also received long sentences. Local activists asked at the time why the OPM would be interested in burning schools. But there is another explanation: a week before the arrests even took place, a website called West Papua News had published an account of the burnings. In their story, it was Kopassus special forces and police mobile brigade (Brimob), which had arrived by helicopter, and burnt down not only the public buildings but all the houses in the village as well.

In 2008, nine people were arrested while walking to a funeral in Yalengga village. They had been asked to carry a banned Morning Star flag so that the dead man could be buried beneath the Papuan flag. On the way they were intercepted by soldiers, arrested and tortured. Once again, the charge was treason, this time the sentence eight years. It is believed that these men were not even activists, yet they were condemned under laws intended for major attacks against the integrity of the Indonesian state.

At present, out of all these cases, only six convicted political prisoners remain in Wamena prison. Four are from the Yalengga case: Oskar Hilago, Wiki Meaga, Meki Elosak and Obeth Kosay, as well as Yusanur Wenda and Depenus Wenda. Over the years the others have all managed to escape. Some were among the 42 people who broke out of Wamena prison on 4th June 2012. Another mass escape had taken place in 2009, with 43 people managing to escape. Finally in November 2012, two young men who had allegedly been in possession of OPM documents, saved themselves the perils of Indonesian justice by finding a way to break out before their case came to trial. It seems that the only chance for justice in Wamena is to take it for yourself.

4. Allegiance to the Wrong Flag: Repression Against Symbolic Acts of Resistance

The charge of Makar, or treason, the infamous article 106 of Indonesia’s criminal code has been used as a catch-all to repress Papuan movements. It was the principle charge in all the Central Highlands cases mentioned above. Whether the accusation is a peaceful act of dissent or armed rebellion, the charge is likely to be the same, probably because most of the other criminal accusations which could be brought are seen as lesser crimes. With article 106 it is possible to condemn someone to 20 years in prison, or even life, as in the case of Jafrai Murib.

A flag has become a symbol both of what Indonesia cannot tolerate and the Papuan challenge to Indonesian authority. The Bintang Kejora (Morning Star) was first flown on December 1st 1961 at a point when the Dutch Colonial Government was preparing to hand over power to an independent West Papua, before Indonesia sent its armed forces to claim the area. After Suharto fell a special autonomy package granted by President Gus Dur expressly allowed the flag to be flown as a symbol of Papuan identity, but the military never accepted that policy. The special autonomy still stands in theory, but a Presidential Regulation forbade the Morning Star flag once more in 2007.

Many people have gone to prison because of this particular piece of cloth, or even displaying the symbol on clothing, bags etc. Filep Karma is the most well known, and also the most extreme case, sentenced to fifteen years in prison for raising the flag on December 1st 2004. Actually this was the second time Morning Star flag had landed Filep in prison. The first time came just weeks after Suharto fell, and the people of Biak occupied the port, flying the flag from the water tower. The people held the port for four days, but then the military stormed in. Filep Karma was shot in both legs but survived, one of 150 people arrested that day. For many, the punishment was even more severe: according to local investigators, 139 bodies were loaded onto two navy ships to be dumped at sea.

As he has long been a popular figure in Papuan resistance movements, large demonstrations accompanied both of Filep Karma’s trials. At the trial for the 2004 flag-raising, the reason for the demonstrations was the prosecution’s demand for a five-year sentence, which the crowd felt was extreme. Yet in the end the judge went much further, taking the unusual step of exceeding the prosecution’s demand and condemning him to fifteen years and Yusak Pakage to ten.

The ‘Jayapura Five’ were arrested at the Third Papuan People’s Congress in October 2011. Their act of supposed treason was an act of provocation – or at least they knew the huge risks they were taking when they convened a congress where representatives from all over West Papua would meet to discuss their political future. Unsurprisingly, but bravely, the congress decided to declare independence. The flag was raised, and Forkorus Yaboisembut, leader of the Papuan Customary Council, was declared as President of the Federal Republic of West Papua. Edison Waromi, who had been imprisoned under political charges for twelve years in 1989, and then six months in 2001 and two years in 2002, was chosen as Prime Minister. Another former political prisoner, Selpius Bobii, who had organised the conference was also jailed, as were August Makbrawen Sananay Kraar and film-maker Dominikus Sorabut. They were sentenced to three years in jail.

Also still in prison for raising flags are Darius Kogoya and Timur Wakerkwa, sentenced to three years and two-and-a-half years respectively for raising the Morning Star on 1st May 2012. And there have been many more prisoners in recent years for these symbolic acts of defiance: Septinus Rumere, an activist from Biak in his sixties, simply raised a flag outside his house in 2009 – he was sentenced to six months for treason. The Iba brothers were maybe hoping to get away with raising a flag which merely resembled the Morning Star in Bintuni in 2009, but they were sentenced to between two and three years anyway.

Another case highlights how the cruel reality of the prison system clashes with the ways indigenous people find to assimilate the pressures on their lives and express their desire for liberation. In Demta village, on West Papua’s northern coast, a group of villagers had built a meeting house they called Mammo and started believing in a king. Such messianic beliefs, sometimes known as cargo cults, have emerged in Melanesian cultures ever since they came into contact with colonialists, and can be seen as a reaction to these new patterns of domination. This group made a procession calling for repentance from humanity’s wickedness and obedience to the king. Alongside the flag of the king, the Morning Star was also raised. The next morning, after the Mammo had been burnt down by local Christians, people from the group went to the police to avoid a violent conflict building up. They were arrested and charged with treason. After two months their release was negotiated, even if the charges were not formally dropped.

People organising politically for the rights of indigenous people are also targetted. Edison Kendi and Yan Piet Maniamboi were arrested as organisers of a demonstration to mark World Indigenous People’s Day on Yapen island on 9th August 2012. Their trial was still ongoing as this piece was being written, with rumours that the prosecution is asking for 20 years imprisonment.

There have been no recent cases of people being imprisoned as a direct consequence of defending their land from the resource industries of logging, mining and plantations that are becoming ever-more rampant in West Papua, but the climate of repression is nevertheless opening doors to these industries, as there are plenty of reports from local people who feel too intimidated to taking a public stance against these development projects. After all, if raising a flag in your front garden can be considered treasonous, could not also standing in the way of a priority project for Indonesia’s economic development, such as the MIFEE agribusiness project or the Freeport goldmine?

5. When the law itself is violence, do guilty and innocent continue to mean anything?

While in recent years no long-term prisoners have resulted from the continuing conflict around the massive Freeport goldmine, it was a demonstration against that mine outside a university campus in Jayapura that led to a wave of arrests and intimidation in 2006. Twenty-three people spent an average of five years in jail after that demonstration, but by now most have been released. The exceptions are Luis Gedi and Ferdinand Pakage, who were sentenced to fifteen years each and are still inside, and Echo Berotabui, who succumbed to the despair and killed himself in prison.

On the day of the demo, 16th March 2006, minor clashes broke out, but then the police tried to storm the demo and they misplayed it. Four policemen and one air-force officer were killed that day. Once again, the state’s response was to react with widespread violence targeted against all and sundry. Seventy people were arrested, one or two were killed, and the campus emptied as students fled in panic.

As the weeks went on, the state’s handling of the case continued to be directed indiscriminately, more a thirst for revenge than an attempt to prosecute those who actually engaged in violence during the demonstration. Of the 23 people held and charged, all reported torture. People were forced under torture to make allegations against others. Luis Gedi was picked up on the street and forced to admit to killing policeman Rahman Arizona and to give another name as his accomplice. After being subjected to torture the name that he gave was Ferdinand Pakage. The police went to arrest Ferdinand and then they demanded to know where was the knife that had been used to kill Rahman. They made him go to the campus to try and find it. Then they shot him in the foot, and he told the police the knife was at his house. The police went there and seized his mother’s vegetable knife.

Similar stories continued throughout the trial process, with intimidation and a thirst for vengeance running high, police caring little whether the people they had in the dock were the perpetrators or not.

At one point, when 16 men had already been sentenced, police tried to force one of them, Nelson Rumbiak to appear as a witness for the prosecution in the trial of the remaining seven. When his testimony contradicted the police version of events, the police beat him up. As a response the remaining seven defendants refused to leave the prison to attend the next hearing, and convicted prisoners backed them up by throwing stones at the vehicle that came to take them to court. When another man was later arrested in connection to the same trial, all 23 prisoners wrote to the prison governor, saying that they would not testify for the prosecution, ‘even if they should be shot dead’.

Ferdinand Pakage lost an eye in prison in September 2008, after he was beaten by a guard who was holding his keys. The wound left behind has continued to cause problems over the years.

In the multiplicity of forms of struggle for Papuan independence, acts of violence do occur, but the state’s hysterical response means that ‘guilty’ and ‘innocent’ cease to be distinguishable. Dani Kogoya is believed to be a member of the TPN/OPM guerrilla army, and has been accused of co-ordinating an attack in Nafri near Jayapura, where one military officer and three civilians were killed. He was arrested in September 2012 and is being tried with four other people.

Dani has reportedly admitted his involvement in the killings, and expressed regret. Although that confession was made under duress, it is certainly possible that he was involved. What is definate is that neither he nor those accused of being in his gang will stand any chance of a fair trial. The ground has already been laid out: assuming his guilt a year previously police and military conducted a raid where Dani was supposed to have lived. The local community leader was forced to dig a hole while soldiers threatened him at gunpoint. At least fifteen people were held and tortured or maltreated. Dani’s eight-year-old daughter was reported to have been kidnapped and disappeared for a week. During his own arrest in 2012, Dani Kogoya was shot (police said that he was trying to escape), and his leg needed to be amputated. As the trial commenced, and the prosecution laid out its evidence, none of the witnesses they presented could testify to having seen Dani Kogoya carry out the attack.

Papua’s political prisoners stand almost no chance of receiving proper legal representation as the intimidation of lawyers is intense, claiming they are also committing treason. When the accusations are non-violent acts it is bad enough, but when violence has been involved the stakes are even higher. For example, in the case following the 2006 anti-Freeport demonstration, lawyers received death threats by text message against them and their family, and the house that one of them was staying in was pelted with stones. During Filep Karma’s 2004 trial, a severed dog’s head was left outside his lawyers’ office, alongside a note mentioning them by name.

6. Targeting the KNPB: how the state terrorizes social movements.

Late afternoon on 29th September 2012 at the West Papua National Committee’s (KNPB)Wamena secretariat, riot police and military showed up and arrested the people present. They claimed they had found two ready-assembled bombs on the premises. More raids would take place over the weeks and months to follow, in Wamena and also Timika, Biak and Jayapura, all involving members of the KNPB. Other KNPB members would be placed on the wanted list, effectively forcing them into hiding.

One of these arrests, in Wamena in mid-December was especially tragic. As three men were being arrested, police pressed them to give more names. They forced one of the men, Meki Kogoya, to phone another KNPB activist, Huburtus Mabel, and arrange a meeting for the next day. Being in custody, Meki was unable to turn up for the rendezvous, but the police were there and shot Huburtus Mabel, who died from his wounds and also Natalias Alua, who was left in a coma, but eventually recovered. Once again, they were allegedly trying to resist arrest.

However, beyond the names of the suspects, little information is known about this Wamena case. It is from Timika, where trial proceedings are in course, that there is much more news. It appears that twelve people were arrested early in the morning of October 19th, as the KNPB were preparing to organise public activities over the coming days. The police claimed to the press that they had found metal pipes and powders to be used in bomb-making.

Six of the activists were set free after five days, and the remaining six charged under an emergency law from 1951, which prohibits the carrying of weapons – a different article of the same law as that used to sentence Yusak Pakage for the penknife. Also used in the Wamena and Biak cases, this law is rapidly becoming the state’s preferred strategy for criminalising independence activists.

When the case came to court, the allegations were toned down somewhat. It appears that only one of the six was accused of possessing explosives, which he denies. The explosives in question are a kind commonly used for dynamite fishing – an ecologically destructive practice to be sure, but not an indication that they would be used against people. The others were accused of possessing panah wayar – a kind of barbed arrow used for fishing, and other tools. In Papua, bows and arrows are carried by almost everyone, as they are used for hunting and fishing and are a symbol of cultural identity. As the weapons charges seemed rather flimsy, the charge of treason was also added before the case came to trial.

It seems very strongly that this wave of arrests has been very deliberately planned to neutralise the KNPB. Even more so when coupled with a string of assassinations throughout 2012 and the politically-motivated use of the police wanted list.

The KNPB is an organisation which, since 2008, has tried to organise big demonstrations in cities across Papua. Their principal call has been for a referendum on independence to replace the flawed UN sponsored ‘Act of Free Choice’ in 1969, and they have closely aligned themselves with international initiatives to mobilise support for the Papuan cause amongst lawyers and parliamentarians. Papuan people responded and many thousands dared to come on the demonstrations, building a rapidly growing movement across West Papua.

To organise openly in this way was a bold step, relocating the focus of the struggle from the forest to the cities. Although many KNPB members see theirs as a revolutionary struggle, they also recognise the need for mass participation, and so there is a desire to focus on more non-violent forms of struggle. KNPB leaders have repeatedly stressed this point.

Actually it appears that there have been a couple of explosions that have taken place in Papua recently. Both were in Wamena – one in an empty police outpost and the other in an empty government building. It’s important to emphasize that these were empty buildings and there were no injuries – and also that those arrested in Wamena are not believed to be charged with causing these explosions. But it is also possible to imagine that some independence activists may end up choosing this kind of clandestine action. Especially as attempts to organise openly using peaceful methods which should be interpreted as legal are met with long prison terms or even police bullets.

Increasingly prominent in the political policing of West Papua is a group called Densus 88. Set up as an anti-terror squad after the 2002 Bali bombings, their focus has mainly been countering Islamic terrorism. There too, the sensationalism that surrounds their attacks on radical Muslims, and the frequency that they shoot-to-kill has raised accusations that they are causing the radicalisation of certain Muslim communities in response. In Papua, they are accused of carrying out assassinations, of activists and non-activists. A sign of their increasing prominence is that the latest chief of police in Papua was promoted to the position after running Densus 88.

In Papua, it is not really clear whether some activists are storing explosives or not, and if so what they intend to do with them. What is certain is that during the course of 2012 it has become much more difficult for groups who want to express their aspirations openly on the streets to do so. In early 2013, prominent Papuan advocate Benny Wenda made a major diplomatic tour around the US, Australia, New Zealand and Pacific Island States. Normally the KNPB would have been out on the streets to show support for his initiatives. But there have been no such demonstrations. It seems that right now, actions like this have become almost impossible.

7. Papua Prison Island

In 2013, the arrests continue: One person arrested and two others on the wanted list for organising a demonstration in Manokwari, four people arrested in Sarmi accused of being OPM members, another seven held near Jayapura and tortured by police demanding to know the whereabouts of independence activists, two of which have been kept in prison. Then there have been a number of cases in Paniai, in the western part of Papua’s highlands: six people were arrested and held for a month before being released for a lack of evidence, two teenagers were also arrested in a separate case and held for two weeks, and there have been two other reported cases of arrest and torture.

And these are only the political cases: with Papuans so extremely economically and socially marginalised in their own land, and with clear evidence of systematic racism in all parts of the state bureaucracy, we can only wonder what might be the stories of those condemned to prison for non-political crimes.

Prison is just one extreme form of how people are deprived of their freedom in West Papua. While some Papuans are being giving jail sentences, others are being cheated out of their ancestral land by plantation companies, forced to flee their villages due to military operations, or simply unable to find a way to make a living when the possibilities for work fall overwhelmingly to migrants from outside Papua. But none of these injustices are isolated. The prison system is one tool the Indonesian state uses to crush opposition and so maintain these patterns of oppression. Many of those held captive have been denied their personal liberty as punishment for seeking a wider liberation.

Meanwhile Indonesia’s latest strategy is to pacify Papua with promises of development programs, organised unilaterally from Jakarta, whilst glossing over the structural causes of oppression – for example ministers have denied that there are any political prisoners in Papua, only criminals. But economic development without freedom cannot bring peace, merely intimidate people into coercive obedience. It is encouraging that so many in Papua, including many prisoners, refuse to be intimidated.

—Much of the information for this article came from http://www.papuansbehindbars.org , a new project to document the cases of West Papuan Political prisoners. That site has profiles of current and former political prisoners and releases monthly news updates on arrests, trials etc. However, this is an opinion piece which does not represent the position of the Papuans Behind Bars project—


Launch of Papuansbehindbars.org website for Papuan political prisoners

Website launch: www.papuansbehindbars.org

Jayapura, Tuesday 16 April 2013 

Today the Civil Society Coalition for the Upholding of Law and Human Rights in the Land of Papua, working together with a number of human rights NGOs in Jakarta and internationally will formally launch the Papuans Behind Bars website www.papuansbehindbars.org, or in Indonesian, ‘Orang Papua Dibalik Jeruji. The website is intended to support advocacy for the rights of the political prisoners who are currently languishing in jails across Papua. Based on the data collected by the Civil Society Coalition for the Upholding of Law and Human Rights in the Land of Papua, at the end of March 2013 there were at least 40 political detainees being held in Papuan jails.This website shows the existence of political prisoners today and the history of Papuan political prisoners who have been subjected to torture, denied access to lawyers, forced to confess and suffered all manner of other human rights violations. The existence of political prisoners cannot be denied despite statements to the contrary by Indonesia’s Coordinating Minister for Legal, Political and Security Affairs, Djoko Suyanto., that those in custody in Papua are criminals who are undergoing rehabilitation. The website will also provide updates on the situation in the prisons.

It’s important to respect the rights of detainees in police detention when they are being detained or interrogated on suspicion of treason, as well as those who are serving sentences having been found guilty of treason. This is because there have been a number of stories of human rights violations such as torture which begin from the moment of arrest and interrogation and continue while people are serving sentences.

Despite the fact that Indonesia has already ratified the International Covenant On Civil and Political Rights via Law 12/2005 and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment of Punishment via Law 5/1998, treason cases tried in the Papua state courts continue to be tried under politically-motivated charges of Article 106 of the Indonesian Criminal Code and Emergency Law 12/1951. Treason suspects and convicts are treated like any other criminals such as thieves and rapists. So it’s unsurprising that with the brutal attitude of the security forces at the moment of arrest, detention and even while serving their sentences, they experience human rights violations which should not be allowed to take place.

With the www.papuansbehindbars.org website, the Civil Society Coalition for the Upholding of Law and Human Rights in the Land of Papua will work together with various other human rights groups in monitoring those political prisoners who continue to languish behind bars, both those under interrogation and those who are serving sentences in Papuan jails, in order to ensure that their human rights are protected.

Taking into account Indonesia’s ratification of the International Covenant on Civil and Political Rights by Law Number 12 of 2005, and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment through Law 5 of 1998, we make following recommendations to the Government of Indonesia:

1. Release all political prisoners in Papuan prisons in Papua and immediately begin a peace dialogue with the Papuan people.

2. Guarantee the rights of political prisoners, including access to health care and legal services.

3. Especially the Coordinating Minister for Legal, Political and Security Affairs, to meet with political prisoners who are languishing in various Papuan jails to get fact for their situation and existence.

*******************

The Civil Society Coalition for the Upholding of Law and Human Rights in the Land of Papua consists of the following organisations:

Within Papua: Foker LSM, KontraS, ALDP, ElsHAM Papua, LBH Papua, KPKC Sinode GKI, TIKI, AJI Papua, Baptis Voices, Sinode Kingmi Papua, Sinode Baptis Papua, BUK, SKPKC FP, Sinode GIDI, Septer Manufandu, Gustaf Kawer, Cs, Yan Christian Warinussy.

Jakarta: KontraS dan Nasional Papua Solidarity (Napas)

International: Tapol, Asian Human Rights Commission, East Timor and Indonesia Action Network, West Papua Network, Faith-based Network on West Papua

Coordinator: Septer Manufandu (Mobile: +62 (0) 8124876321/email: septer_manufandu@yahoo.com)

FROM TAPOL


Testimony of Markus Yenu of his arrest and interrogation

Manokwari, 7th March 2013

Markus Yenu was arrested at the side of the road in from of Daniel Sakwatorey’s house (former political prisoner in Papua, 2008) at Sanggeng Manokwari West Papua. The arrest was by Manokwari’s Criminal Police Unit at 11.32am West Papua time, on the order of Manokwari’s Criminal Police AKP. KRISTIAN SAWAKI. The Manokwari Criminal Police officers were driving a black Inova with the number plate DS.9977.

According to Markus Yenu’s evidence (he’s the Executive Governor of the West Papua National Authority District 2 Manokwari) after he was arrested and taken to the police station at Manokwari, he was immediately taken to an interrogation room and asked to give information about a peaceful demonstration on the 17th January 2013 during which the morning star flag was flown. There were various sized flags flown, and also biased political speeches from several leaders from the Free Papua movement who were inciting people to overthrow the legitimate government.

Markus Yenu also gave evidence that when he was in the interrogation room at the Manokwari Police Station he was visited by Kombes (Pol) Yakobus Marzuki former chief of police in 2008 and now Director of Papuan Police Intelligence. Marzuki told Yenu:

  • Comprehensive data from the Police indicated Markus Yenu was involved with provoking the acts of arson and destruction that three police officers faced on the 5th December 2012 following the shooting of Thimotius Ap.
  • In the near future police plan to meet with Kesbangpol to get rid of all organisations that don’t support the Ideology of a United Republic of Indonesia (NKRI)
  • Eight people are already dead, but police and TNI will be pursuing and removing any subversive groups both in the forest and the city.
  • Whereas for Markus Yenu there was an order from police headquarters to disable him.

According to Yenu, the Director of Papuan Police Intelligence said many other things indicating a threat to human rights and democracy activists in Papua.

Yenu said that, ‘After me, the police will arrest another six people who have been identified as suspects

1). Frans Kapisa,

2). Billy Auparay,

3). Ottow Rumaseb,

4). Jakobus Wanggai,

5). Eliazer Awom, and

6). Zeth Wambrauw

 

Source: WPNA Manokwari

 


Police question Papuan leader over peaceful demo ‘treason’

Written up Pacific Scoop from Social Media Reports by West Papua Media

March 6, 2013

Markus Yenu, Manokwari Governor of the West Papua National Authority (National Federated Republic of West Papua), was forced to appear at Manokwari Police Sector HQ  today (March 6) for questioning over makar (treason) charges relating to the organising of a peaceful mass demonstration almost two months ago.

The executive governor of the West Papua National Authority area 2, Markus Yenu, and the chairman of Solidaritas Pemuda Melanesia Papua Barat, Abraham Wainasiri,  lead a peaceful rally at Manokari on January 17. Image: WPM

The executive governor of the West Papua National Authority area 2, Markus Yenu, and the chairman of Solidaritas Pemuda Melanesia Papua Barat, Abraham Wainasiri, lead a peaceful rally at Manokwari on January 17. Image: WPM

Yenu has not yet been released, and no further information has yet been received about his status – whether he will be charged or released.

West Papua Media has contacted police in Manokwari without reply and the Papua Police Criminal Investigation chief in Jayapura – who claims to know nothing about Yenu’s whereabouts.

On January 17, a crowd of peaceful protesters calling for a referendum on the future of Indonesian-ruled West Papua assembled at a rally point in Manokwari.

The crowd – including students and workers – moved towards the Banyan Tree at UNIPA Manokwari together with the protest coordinator, Alex Nekemen, and speakers, among them Silas Ayemi, the area secretary of Bintuni WPNA),; Abraham Waynarisy (SH chairman Solidaritas Pemuda Melanesia Papua Barat SPMPB) and the pro-independence group KNPB.

Political speeches were made accompanied by slogans of “Papua Merdeka” (“Free Papua”) along the way.

The crowd marched around the city of Manokwari towards an open field.

In front of the office of the State Attorney of the Republic of Indonesia, Markus Yenu openly questioned bout the detainees after a an incident on December 14 – Melkianus Bleskadit, Rev. Dance Yenu and 5 students from UNIPA Manokwari who have been held by police for almost four months without charge.

Earlier story by West Papua Media

 


Biak District court decides to continue hearings against two KNPB Biak activists

from KNPB sources in Biak – verified by WPM

March 7, 2013

The Biak district court again carried out the trial against two Biak KNPB  (West Papua National Committee) activists, in the fourth hearing to hear the judge’s decision whether the case is continued or returned to the DA (District Attorney) because of incomplete material.

Biak Prosecutors indicted the two KNPB Biak activists, Barnabasl Mansoben and Paulus Alua, with charges under Indonesia’s national emergency laws for allegedly “intentionally carrying sharp tools and explosive bombs”, which carries a maximum 20-year prison sentence.

The lawyer for two of the KNPB activists said in their defence, the indictments were excessive, and with the absence of strong evidence to prosecute the two KNPB Biak activists, they appealed to the judge to release the two activists.

However, the judge rejected the lawyer’s submission to release the two activists, and said the trial will resume next week, to hear witnesses and examine evidence.

Meanwhile Apollos Sroyer, Chairman of KNPB Biak, said after the hearing that “this is the scenario of Indonesian police to criminalize peaceful movements of struggle performed by the KNPB.”


Indonesian government to act on Papuan political prisoners

via Tapol
5 Dec 2012
Indonesian government to act on Papuan political prisoners
By: KBR68H, translated by TAPOL

Names of 23 Papuan political prisoners submitted to Komnas HAM

3 December 2001

Solidarity for Humanitarian and Human Rights Violations has submitted information regarding 23 political prisoners to Komnas HAM (the National Human Rights Commission).

Earlier, Komnas HAM planned to set up a team to resolve the cases of political detainees and convicted political prisoners in Papua. The spokesman for SKP Papua, Mathius Murib, said that information regarding the prisoners, including their arrest, the time they have spent in custody and their conditions in prison was submitted. He said that in many cases, there was no legal basis for their being charged for treason and that their imprisonment was in violation of their human rights

“We have supplied data relating to a number of prisoners being held in prisons in Papua. Detailing how many prisoners there are and for how many years they have been held. Altogether, we have submitted such information regarding 23 political prisoners. We greatly appreciate this support and the action.”

Earlier on, Komnas HAM planned to set up a team to resolve the cases of political detainees and convicted political prisoners in Papua. The purpose was to review the status of those being held in prison. This would include considering a reduction in the length of their sentences.

To read the article in Indonesian on the KBR68H website, click here.

Komnas HAM is seeking Clemency for Papuan Political Prisoners

4 December 2012

Komnas HAM, the National Human Rights Commission intends to struggle to ensure that all political detainees and convicted political prisoners in Papua are granted clemency or a reduction in sentence.

The chairman of Monitoring and Investigating Human Rights Violations, Natalius Pigai, said that Komnas HAM plans to set up a special team next January to identify the cases of political detainees and convicted political prisoners in Papua, together with the Ministry of Law and Human Rights.

“This special team will also be entrusted with the task of granting clemency or reduction of sentences for political detainees and convicted political prisoners in Papua. We will be undertaking this in collaboration with the Ministry of Law and Human Rights,” said Natalius.

He went on to say that this special team would do everything possible to improve the general environment and facilities in all the prisons in Papua. This will include ensuring that every tapol/napol receives whatever healthcare is required.

To read the article in Indonesian on the KBR68H website, click here.

Law and Human Rights Ministry to check status of around 20 Papuan political prisoners

4 December 2012

The Ministry of Law and Human Rights plans to check the status of around twenty political prisoners in Papua. This decision follows their intention to resolve the cases of political detainees and convicted political prisoners.

A spokesman of the Ministry of Law and Human Rights, Martua Batubara, said that those who are serving sentences will be given remissions (a reduction of sentence) in accordance with the law.

As for the Komnas HAM, it can only make recommendations.

“We intend to check in the prisons as well as to check with the Ministry of Law and Human Rights to find out which prisoners are serving sentences and which are prisoners whose cases are still being processed. We don’t know which prisoners they are talking about (gap with question mark perhaps indicating something that is illegible) or whether it is true that Komnas HAM  only has the authority to investigate and then make recommendations to the authorities in charge of the prisoners.”

Previously, Solidarity for Humanitarian and Human Rights Violations in Papua submitted information about 23 political prisoners to Komnas HAM. This was done to complete the information available to Komnas HAM, following a plan to set up a team to resolve the cases of political detainees and convicted political prisoners in Papua. The purpose is for there to be a review of the status of all those who are currently being held in detention. This would also include seeking a reduction in the sentences now being served by all those who are currently being held in prison in Papua.

To read the article in Indonesian on the KBR68H website, click here.


KNPB leader reportedly resurfaces after disappearing upon release from police detention

Victor Yeimo's arrest on December 1 (Photo: West Papua Media/KNPB)

Tabloid JUBI, with additional breaking news from Victor Mambor

3 December 2012

On 2 December. members of the National Committee of West Papua (KNPB) were still seeking information regarding the whereabouts of their chairman, Victor Yeimo who was released by the police after being interrogated in connection with the demonstration organised by the KNPB on 1 December.Yeimo was arrested on 1 December but then released on Saturday afternoon, but since then he has not been in contact  with other KNPB activists.

‘Today, after he was taken into custody  by the police in Abepura he was released because we were unable to continue with the questioning,’ a police spokesman told JUBI, when inquiries were made about the status of Yeimo and two others who had been arrested with him.

Although they have been released, the spokesman of KNPB, Wim Medlama  said that they have been looking for them but have not been able to find them.

‘Since yesterday,’ he said, ‘we have been trying to find out where they are but we have been unable to find them. We have searched every place we can think of  without finding them.We are now very confused about what has happened to them.’

He said that they have decided to go to the police in the morning to inquire about this. He also said that they would go to the police in the morning together with the WPNA, AMP and AMPTI.

According to information received obtained by JUBI from other sources,  Yeimo had separated from the  other activists in front of the Post Office in Abepura. Since then, they have not been able to find out anything about his whereabouts. When JUBI tried to contact Yeimo on his mobile, the phone was not active.

However, early Monday morning, Jubi journalist and editor Victor Mambor reported that he had confirmed that Victor Yeimo was already gathered with colleagues.  “Last night, I got an SMS from Mr. Waterpauw (Wakapolda) who says Victor Yeimo was been contacted by Alfred Papare (Kapolresta) on Sunday afternoon (02/11). Victor Yeimo is fine and he switched off his mobile phone for personal reasons. This morning, I got (an) sms from KNPB members who said Victor Yeimo already (was) gathered with them,” Mambor wrote in an email alert.
West Papua Media has attempted to independently contact Papuan police, but no reply has been forthcoming if Yeimo is under charge at the moment, nor to questions of Mr Yeimo’s treatment whilst in the hands of the police.  It is not known if Yeimo has been able to contact human rights lawyers.

Written and verbal questions to Jayapura police to determine Detachment 88 counter-terror unit involvement in his interrogation have also gone unanswered, as have questions as to why Yeimo was released while he is on a Wanted (Daftar Pencarian Orang or DPO) list, allegedly for subversion, and unfounded charges of his alleged involvement in “unknown persons” (Orang Terlatih Khusus) shootings – widely believed by Papuans to be the work of Indonesian special forces.  West Papua Media has documented several cases since the assassination of Mako Tabuni by Detachment 88 troops in June, of scores of highland Papuans who have been brutally mistreated by security forces in the hunt for Yeimo, who has been in hiding for most of this time.

 

[Additional reporting from West Papua Media, Translated by TAPOL]


Solidarity organisation calls on police not to use violence on 1 December

Bintang Papua,
26 November 2012Jayapura: Alius Asso, the deputy chairman of SHDRP,  the Papuan Civil Society Organisation for Solidarity, Law and Human Rights, has urged the police to use persuasive methods on 1 December when demonstrations will take place to mark the anniversary of 1 December.

Asso said that on that day, there will be actions by indigenous groups in seven regions that claim to be part of the Federated Republic of West Papua  in Mamta, Saireri, Bomberay, Domberay, Me Pago, Ha Amin and several other places, which will take the form of prayer meetings or flag ceremonies.

However, Asso said that it was not possible for him to tell groups not to wave the Morning Star flag  ‘because they have every right to do so’.

He said that it was up to the security force to act in a professional way during these coming events. Demonstrations on 1 December have become a regular annual feature for Papuan people to  commemorate this historic day and this has been going on for many years.

‘The police should act wisely and professionally. They should avoid repressive actions. If they fail to do so, there will be many victims among the Papuan people . In Sentani, it is likely that  the event will take place at the grave of [the assassinated Papuan leader] Theys Eluay with prayers being said.’ But Asso said  he was not sure what would happen in Jayapura.

The chief of police for Papua, Inspector-General Tito Karnavian has said that the army (TNI) and the police will be out guarding the areas because this is an integral part of their duties.. But Asso said that they should not resort to the use of violence. ‘If the demonstrators only intend to say prayers, why should this be banned by the security forces?’

He went on to say that the spirit of democracy is developing and people are expressing their aspirations in peaceful ways, but if the State goes on silencing democracy, it will be responsible for closing down the space for democracy and there will be yet more injustices and human right abuses.

‘Everyone agrees about the need for security and moreover there is a law in force which guarantees protection for the citizens. And this is quite clear in the first article of the 1945 constitution.’

[Translated by TAPOL]

 


OPM: ‘Three regions are ready to fly the Morning Star flag’

timika morningnstart dec 1
Bintang Papua, 27 June 2012

The OPM’s general coordinator, Lambert Pekikir has announced that three regions in Papua are ready to fly the Morning Star flag on 1 July, the anniversary of the OPM’s military wing, the TPN.

The flag flying will last for three days, along with fireworks. He said that the three regions are Wamena, Keerom and Yapen Waropen. People in Wamena are from the mountains, the people Yapen Waropen are coastal people, while those from valleys and lowland areas live in Keerom.

OPM troops along with  civilian sympathisers will take part in the flag-flying. ‘There will be ceremonies as well, attended by the general public and those struggling for an independent Papua.

‘Our military forces are well prepared for these events and if the TNI and police respond with violence, we are ready,’ he said.

Meanwhile,  the police have issued an ultimatum urging that there is no flag flying.  ‘The Morning Star flag is not a flag of the Indonesian Republic or a regional symbol, and anyone who unfurls that flag anywhere in Papua will be seen as having  violated the law and  will face the consequences in accord with the laws in force in Indonesia.’

The army spokesman, Yohannes Nugroho Wicaksono  called on people not to fly the flag. ‘In the interest of security and order throughout the area of Papua,  we urging people not to be provoked by those who are planning this event.’

Activities undertaken by the police in anticipation of the flag flying on 1 July include intensifying police patrols and sweepings in all police regions. He said that the police have been ordered to act professionally.’

The chairman of Commission A of  the DPRP, the Papuan legislative assembly, Ruben Magai, has called on all the people not to be provoked by unnecessary issues in advance of the TPN anniversary. He hoped that people will continue to engage in their everyday activities, while calling on the security forces not to use violence. ‘The persuasive approach must be prioritised. The best thing would be for all those concerned to sit down and talk, to as to find out what each sides wants.

[Slightly abridged translation by TAPOL]


KNPB: We never seek justice from Indonesia

Bintang  Papua, 4 May 2012

Jayapura: Following the death of a sympathiser of the KNPB, the deputy chairman of the organisaation Mako Tabuni said that such a thing is part of the risk of the KNPB’s struggle for a referendum. ‘ We do not regard such things as a violation of human rights  but as part of the risk of our struggle,’ he said.

He said that they recognise that loss of life and loss of property  are inevitable.

He said that with regard to the latest victim, they were not intending to seek justice from Indonesia ‘because none of the victims which we have suffered has resulted in justice for the Papuan people.’

With regard to reports alleging that skirmishes said to have been caused by the KNPB masses and in which one student and one member of the security forces were injured and one young man died, he said that he would take responsibility if the police try to prove this.

In a press release issued by the KNPB, the organisation made the following demands:

1.    The Indonesian government should recognise the political right of the Papuan people to determine their own future by means of a referendum because the process of annexation following the New York Agreement of 16 August 1962 violated the principles and standards of international law and universal human rights.

2.    As from 1 May 2012, the Papuan people herewith declare that the presence of the Republic of Indonesia on Papuan soil is illegal and the  Papuan people only recognise the national parliamentary administration of West Papua.

3.     The Dutch people, the Indonesian people and the United Nations must accept responsibility for the hand over of of the administration of the West New Guinea Council/West Papua to the Government of Indonesia on 3 May 1962, without the consent of the Papuan people who were the ones involved in the dispute.

4. The Papuan people are ready to struggle for their right to self-determination by all means possible.

5. That the Papuan people should not become panic-stricken in the present situation.


Stop criminalising lawyers and human rights activists in makar cases

JUBI, 5 March 2012

Chairman of the Garda KPP P Bovit Bofra (Jubi / Arjuna)

 

Bearing in mind the continual terrorising of defence lawyers during the makar (treason) trial  [now under way in Jayapura] and  of human rights activists as well as journalists covering the trial, the central executive of GARDA-P , the Movement for People’s Democracy has called upon the security forces to put an end to all of their attempts to silence these people.

In a press release issued by GARDA-P on 5 March, it called for an end to the criminalisation of the lawyers defending Forkorus Yabisembut and his four co-defendants. They also urged the Indonesian government to  dismiss the head of the Public Prosecutors Office, Julius D Teuf, SH and replace him because he has been deliberately attempting to criminalise the defence team of Forkorus and his co-defendants.

‘We also call on the prosecutors to stop their questioning during which they have made offensive and insulting remarks  about the defendants and also about the Papuan people during the trial.We call for the unconditional release of the defendants and for an end to all the violence and  prohibitions  against journalists wanting to report the trial hearings because the trial is being held in public.’

GARDA-P said that during makar trials in Papua, the defence lawyers  are always being subjected to threats and terror by the security forces because they are defending persons who are being charged with makar.

Not only the lawyers but also the judges  are threatened and subjected  to interruptions, to ensure that the hearings comply with the interests of the state. Not only that, but also the bags of the defence lawyers are searched  before they enter the court.for the trial of Forkorus and his co-defendants.

GARDA-P  also said that the police on duty frequently carry weapons outside the courthouse in order to terrorise the defendants and their lawyers. and seek to threaten journalists who are reporting the trial which is open to the public.

GARDA-P regards these actions as being attempts to influence the court proceedings  in order to ensure that the police and the prosecutors make heavier demands for those facing  makar charges.

‘During the hearing on 24 February, while witnesses were being questioned, the prosecutor was constantly interrupting the questioning which greatly angered the defence lawyer, Gustaf Kawar, with the prosecutor now seeking to exclude Gustaf Kawar from the defence team. Such actions are an attempt to cause division (among the lawyers) and to make things more difficult for the defendants.’


‘Saying that there are no political prisoners in Papua is a Lie’

Bintang Papua, 7 March 2012Following a statement that has just been made by Amir Syamsuddin, the Minister for Law and Human Rights claiming that there are no political prisoners (tapol/napol) in Papua, various human rights groups as well as Mama Yosepha, the Director of  the Human Rights and Anti-Violence Foundation, and Markus Haluk, a well-known Papuan human rights activist, have responded.

Mama Yosepha and Markus Haluk said: ‘This statement by the Minister for Law and Human Rights shows the extent of the lies being made in public, which came after the dialogue organised by Amnesty International  last November. The Minister said that there were no political prisoners in Papua, only criminal prisoners. This is in line with the racist policies that are used against the Papuan people,’ said Markus Haluk.

Mama Yosepha and Markus Haluk said: ‘We are well aware of the denials and lies continually being spread by the Indonesian government through the Minister for Law and Human Rights. This is happening systematically in relation to the true facts that are known to the Papuan people. Since late 2011, five political prisoners have been on trial, Forkorus and his four colleagues, who are facing the charge of makar – treason – in connection with the declaration made by the Federal Republic of West Papua in October 2011 on Zakheus Square, Jayapura. In addition, from 2008 – 2010, sixteen political prisoners have been in custody in Manokwari while in Fak-Fak there are as many as sixteen prisoners, as well as fifteen in Nabire, four in Mamberamo Raya, one in Biak who is being held in  Abepura prison, and of all these, four are convicted prisoners, plus another six in Timika , which means that from 2008 to the present there have been 67 political prisoners.’

Markus went on to say that there are around ten political prisoners being held in connection with the assault on the ammunition dump in Wamena in 2003 who are now in  custody in Nabire and Biak prisons,while Filep Karma has been in custody since 2004, having been sentenced to fifteen years  and is being held in Abepura Prison, which brings the total since 2008 to seventy-two tapols and napols (tapol refers to detainees, while napol refers to convicted prisoners).

The fact that there are political prisoners in  Papua  was officially acknowledged by the head of  the Papua office of the Ministry of Law and Human Rights, Drs Daniel Biantong in 2010, when he produced a list of 25 persons registered as tapol and napol throughout Papua.

‘The demands for sentencing have varied from eleven months to life imprisonment. This can be broken down as follows: one person for eleven months, two persons for three years, three persons for five years, one person for six years, one person for ten years and one person for fourteen years, as well as three persons who  were sentenced to fifteen years, five who were sentenced to seventeen years, four to twenty years, while two were given life sentences. In all these cases, the prisoners were charged with makar under Article 106 of the Criminal Code,’ he said.

If we go farther back, said Markus,  following the dialogue held on 26 February 1999 during the presidency of B.J.Habibie , all political prisoners who were then being held in Papua were released. However, one year later, in 2000, many Papuan leaders  and ordinary Papuans were arrested and put on trial for makar, and this has been going on up to the present day.

Mama Yosepha,  said: ‘We human rights activists in Papua  have been firmly insisting that there are tapols and napols in Papua, and they are not criminal prisoners. We urge on the Indonesian government to stop spreading lies  and making racist remarks, like talking about murders, arrests and detentions with regard to Papuan leaders and ordinary Papuans here in the Land of Papua. Instead they should release Papuan leaders such as Forkorus Yaboisembut and Edison Waromi as well as the three others with them and lift the makar charges that are being made against all five of them.’

She went on to say: ‘Bearing in mind the statement made by the Minister for Law and Human Rights last  year and then on 5 March 2012, and bearing in mind too that Indonesia is now a Democratic State,what should happen is that the Indonesian government should release all the political prisoners who are now being held throughout Papua  as well as outside Papua.’

She went on to add: ‘We urge the Indonesian government to allow complete access for diplomats, journalists, human rights workers, members of Senates and congresses [around the world] to visit Papua.’


Filep Karma undergoing Medical care at Hospital DOK II

by a special correspondent in Abepura for West Papua Media

March 3, 2012

(Edited and abridged in translation by WPM)

Concerns have been raised again over the health of internationally renowned West Papuan political prisoner Filep Karma, after a series of visits to hospital to treat his worsening health, amid atrocious conditions in the notorious Abepura prison.

Filep Karma is a political prisoner sentenced to 15 years imprisonment by Indonesia after being found guilty of makar (treason) for making a speech calling for independence and raising the banned Morning Star flag on December 1st 2004.

(Gaoled in atrocious conditions and subjected to early routine torture by Indonesian security forces and prison officers, including beatings causing internal injuries, Karma’s health has been declining since 2008, also due to numerous hunger strikes and illness caused by prison conditions in Abepura prison.  Additionally, In response to a petition filed by Freedom Now, the United NationsWorking Group on Arbitrary Detention issued its opinion that the Government of Indonesia is in violation of international law by detaining Filep Karma. Amongst many other international voices, the Working Group called on the Government of Indonesia to immediately release the human rights advocate. – WPM)

He underwent medical checkups at Hospital Dock II, and underwent a colonoscopy by a Dr Arnold, on 17 February 2012, to check his intestines. He underwent the check because up until this point he regularly discharged blood when using his bowels. The results of the check were to be taken on February 21st, 2012. At the same time he also was assessed by a neurologist, Dr. Nelly Rumpaisum, because for the previous few days he felt the pain to the right of his hip when getting down to clean clothes, and now also when standing. When undergoing the examination, Fliep was accompanied by two officers and a doctor from Abepura prison. Filep was to return to the Hospital II, to undergo X-rays of his waist.

At this time, Filep cooked his own food in prison. He used a traditional stove himself, with milk cans and axes, lit with coconut oil. ‘Eating my own cooking is better for my health at the moment, because if I eat food from Abepura Prison, there can sometimes be a lot of seasoning, and this is less suitable for the condition of my body while undergoing medical treatment at the moment’, he said.

On 21 February 2012, according to Dr. Donald Arronggear at the time of the colonoscopy results, ”Filep is affected by inflammation of the intestine next to the anus, so that he must eat foods high in fibre, like fruit and vegetables”, he said. He also received various medicines from the doctor to drink when back in prison. He also did x-rays on the right side of the waist, and the results were to be checked again on 24 February 2012.

Filep Karma will undergo physiotherapy

On several weekends, Filep Karma underwent some medical treatment at the Hospital Dok II. He was accompanied by two prison officers and doctors from Abepura Prison. On 24 February 2012, he received sequence number 2 at the polyclinic at Hospital DOK II. Filep took the x-rays to neurologist, Dr. Nelly Rumapaisum. According to Dr. Nelly ”The right side of Filep’s waist, has narrowed. So, it must to undergo physiotherapy for 12 sessions. Filep can no longer lift heavy equipment and also sports is a high-risk”, said Dr. Nelly.

Filep Karma said that ‘my waist has already been sore for a while, but it felt sore for a few weeks so it had to be checked”. Filep Karma also must use a corset after undergoing physiotherapy (a very uncomfortable apparatus in the sweaty conditions of the prison – WPM) . He will undergo regular physiotherapy and will be back and forth to the DOK II Hospital for ongoing care.

“My desire is also to be an inpatient at DOK II Hospital, while undergoing physiotherapy, because the distance between the Prison Abepura and Jayapura is about 60 minutes, which makes me making a little exhausted on the journey”, Karma said.

See Also : FILEP KARMA REFUSES INDONESIA’S REMISSION Aug 20, 2011 – Video report by Cyntia Warwe


Forkorus: Independent Papua will come in a matter of days

Bintang Papua, 28 February 2012Jayapura: The trial of Forkorus Yaboisembut which is now under way  in Jayapura has not lessened Papuan calls for Merdeka – independence. On the contrary, people are intensifying their calls for independence and secession from Indonesia. Forkorus is even saying that a free West Papua will come into being in a matter of days. This was clear from the speech he made after the hearing that was held today. They also said prayers together.

As he and others left the courthouse, they burst into song, and Forkorus said in a speech that it would not be long before West Papua would be free and no longer part of Indonesia. The Republic of Indonesia will have to recognise the sovereignty of the Federal Republic of West Papua  and withdraw all its troops from the Land of Papua.

The hearing was held to hear the testimony of more witnesses.  But some of the witnesses did not turn up and the prosecutor asked the permission of the judge to read out their statements, although the five defendants said that this was unacceptable because the witnesses should first be sworn in. Nevertheless, the prosecutor was allowed to read out a statement by one of the witnesses, Hans Makabory, 39 years old, a civil servant who witnessed the events on 19 October, following the end of the Third Papuan Congress.

In the statement, he said that as he went onto the field (where the congress had been held). [See note below.] He stood behind a barrier  and watched the large crowd running round the field. He intended to go home but the pathway to his house had been closed so he returned to the field so as to leave through a gateway from the field. He said that crowd continued to run round the field. Some members of the security forces pushed him back onto the field and then dragged him to police headquarters.

He said that the Congress had agreed to establish the Federal Republic of West Papua which would be a state independent of Indonesia.

A statement by another witness, Linus William  Waprawiri, said that he was standing behind the tent where the congress had been held and heard that the chairman of DAP, Dewan Adat Papua, Forkorus  said that people should not fly the Morning State flag at that moment but should do so on 1 December, the anniversary of the West Papua state, when the flag would be flown everywhere throughout the territory.

The witness said that he supported the Third Papuan Congress and West Papua had won its freedom since 1961, with the support of the Dutch.

Another witness, Bernard Done said in his statement that the Papuan people have the right to self-determination. He said that the Congress had been held to establish the Federal Republic of West Papua and had elected Forkorus as its President.

Th next hearing of the trial will be held on 2 March.

[Note:The original intention was for the Third Papuan Congress to be held at Cenderawasih  University or another building in Jayapura. But the authorities had denied permission for these venues to be used. This despite the fact that permission had been given for the Congress to take place. It had even been agreed that a senior official of Indonesian Department of the Interior would deliver the opening address of the Congress. Having been denied a venue, the Congress organisations decided to hold the Congress in the open air, in a field normally used for sports events.]


24 Feb Update on Forkorus trial: Testimony from witness

Bintang  Papua, 24 February 2012 

One of the witnesses to appear in the trial, Eliezer Awom told the court that the declaration of establishment of the Federal Republic of West  Papua had come about as a result of pressure from the Papuan people, as had been expressed during the Third Papuan Congress which was held in October last year.

Eliezer Awom was the only one of nine witnesses who were due to testify at the hearing. The other witnesses did not turn up.

Awom reminded the court that the Third Papuan Congress had been attended by around four thousand people.

The witness described the decision that was taken at the conclusion of the Congress and the subsequent arrest of Forkorus, along with a number of other people, including the witness himself. He insisted that the Congress was a manifestation of the wishes of the Papuan people and said that the Congress which had taken place and had been given official permission to take place. He said that the Congress had agreed to the establishment of the Federal Republic of West Papua and had elected Forkorus Yaboisembut as the President of the Federal Republic, along with Edison Waromi as its prime minister.

He described how Forkorus made his statement very public through loudspeakers and that two hours later, the security forces had started shooting the participants  in order to force them to disperse. He described the banners that had been unfurled at the Congress and insisted that they were simply restoring the Federal Republic of West Papua, and that West Papua belongs to the West Papua people.

Around 400 people were taken into custody at the time, many of whom were subjected to maltreatment such as kicks and punches by the security forces.

Forkorus and the other four Papuans who are on trial with him confirmed that what the witness said in court was true.

He said that the declaration should be sent to the United Nations in order for the Federal Republic of West Papua to obtain formal recognition from the international community.

As with previous hearings, security forces were out in force around the courthouse.


Witness testimonies at Papuan treason trial

The sixth hearing of the trial of Forkorus Yaboisembet and his four colleagues took place on 21 February at which seven witnesses for the prosecution were called to give evidence. According to the executive-director of the LB3PH, Yan Christian Warinussy, six of the seven of the witnesses were members of the police force who  had been involved in the attack against the Third Papuan Peace Conference (KRP-III) on the third day of the event, 19 October 2011.Six of these witnesses were unable to answer questions from the chief prosecutor regarding the declaration that was allegedly read out at the end of the  conference nor could they say whether the five defendants had been involved in a criminal conspiracy to set up the Federal Republic of West Papua.One of the witnesses who had been summoned was Drs Alfons Rumbekwan, a member of the Majelis Rakyat Papua. Speaking for the defence team, Olga Helena  Hamadi said that this person should not testify at the trial because the majelis of which he is a member is the cultural body of the indigenous Papuan people. Since the trial was related to the political aspirations of the Papuan people, his appearance might cause a conflict between the MRP and the Papuan people. It was agreed that Drs Rumbekwan  would not be called to give testimony.

According to a lengthy report of the hearing in Bintang Papua, the police witnesses appeared not to know the defendants and were unaware of the declaration by Forkorus calling for the re-establishment of the Federal Republic of West Papua.

According to Bintang Papua, for example, the first witness, Lambertus Limbong Sattu, a member of the Jayapura City police force who reportedly told the hearing that he did not know the identity of one of the accused, Agustinus Sananay Kraar, when he pulled him into the police vehicle but only knew his name after they reached police headquarters. He told the court that he had not seen the document proclaiming the establishment of the Federal Republic of West Papua but confirmed that there was a banner  on which were inscribed with the words: ‘Let Us Affirm the Basic Rights of the Papuan Indigenous People, Today and in the Future’.

The second witness, Aamet Mahu told the court that he was in the vicinity of the venue of the KRP-III  on 19 October 2011 and was there on orders to handle security of the conference.

The defence team of the five defendants said that all the testimony given on that day in court was in way related to the charges in the indictment.


Seven months and 16 days for Dance Yenu

JUBI, 24 August 2011

Dance Yanu has been sentenced to seven months and 16 days by a judge at the Manokwari court after being found guilty of makar (subversion).

Reporting the verdict, one of the defence lawyers, Simon Riziard Banundi, said that they were not convinced about the court’s verdict.  ’We members of the defence team cannot accept the verdict passed by the judges.  There is every reason to doubt their decision.’

Banundi said that his client should be released because the court failed to prove that he was guilty of makar (Rebellion or Subversion charges). The defendant’s colleague Melkianus Bleskadit has been found guilty of makar.

In a previous hearing at the court, the prosecutor asked for a sentence of five years. Dance Yenu was arrested together with Melkianus Bleskadit as they were unfurling a flag on the anniversary of Melanesian independence day on 14 December 2010.

http://westpapuamedia.info/2011/04/05/charges-against-two-papuan-defendants-at-variance-with-other-court-documents-also-statement-by-warinussy/


AMNESTY: PAPUAN ACTIVIST IMPRISONED FOR PEACEFUL POLITICAL ACTIVITIES

PUBLIC STATEMENT

25 August 2011

Index: ASA 21/ 027 /2011

I ndonesia Papuan activist imprisoned for peaceful political activities

Papuan activist Melkianus Bleskadit has been imprisoned in West Papua province for his involvement in a peaceful protest and for raising an independence flag. His sentence highlights the continuing use of repressive legislation to criminalize peaceful political activities in the province. Amnesty International calls for his immediate and unconditional release.

On 14 December 2010 a group of activists including students took part in a peaceful march in Manokwari, West Papua province, protesting against injustice and human rights violations by the Indonesian security forces against Papuans. The march ended at the Penerangan field in Manokwari where other political activists had gathered to commemorate the anniversary of the independence of “West Melanesia”.

During the ceremony the “14 Star Flag”, a symbol of West Melanesian independence, was raised. The Manokwari Sub-district Public Order Police (Polres) arrested seven political activists: Melkianus Bleskadit; Daniel Yenu, a priest; and five students – Jhon Wilson Wader, Penehas Serongon, Yance Sekenyap, Alex Duwiri and Jhon Raweyai.

All seven men were charged with “rebellion” under Article 106 of the Indonesian Criminal Code which carries a maximum sentence of life imprisonment, and with “incitement” under Article 160.

On 18 August the Manokwari District Court sentenced Melkianus Bleskadit to two years’ imprisonment while Daniel Yenu was sentenced to seven months and 16 days’ imprisonment on 23 August 2011. Daniel Yenu has been released as he has spent more than eight months in detention. The trials of the five students are ongoing.

Daniel Yenu’s lawyer has also raised concerns about his trial. The lawyer alleges that evidence not obtained from the location of the incident was introduced during the trial and that Daniel Yenu was brought before the court on 16 August and forced by the judges to defend the charges against him without the presence of his lawyer, who was preparing a written defence brief.

The International Covenant on Civil and Political Rights (ICCPR), to which Indonesia is a state party, and the Indonesian Constitution guarantee the rights to freedom of expression, opinion, association and peaceful assembly. While the Indonesian government has the duty and the right to maintain public order, it must ensure that any restrictions to freedoms of expression and peaceful assembly are no more than is permitted under international human rights law.

Amnesty International calls on the Indonesian authorities to withdraw government regulation No. 77/2007 that bans the display of regional logos or flags, which are used by separatist organizations. Amnesty International believes that this regulation is contrary to the spirit of the 2001 Special Autonomy Law that granted Papuans the right to express their cultural identity. Furthermore, the ban on waving these flags cannot be considered legitimate grounds for restricting freedoms of expression and association as set out in the ICCPR.

Amnesty International is aware of al least 90 political activists in the provinces of Maluku and Papua who have been imprisoned solely for their peaceful political activities. Amnesty International considers them to be prisoners of conscience and calls for their immediate and unconditional release.

Amnesty International takes no position whatsoever on the political status of any province of Indonesia, including calls for independence. However the organization believes that the right to freedom of expression includes the right to peacefully advocate referendums, independence or any other political solutions that do not involve incitement to discrimination, hostility or violence.


Freedom Now Welcomes Call of 26 Members of U.S. House for Release of Papuan Filep Karma

Freedom Now

FOR IMMEDIATE RELEASE 

August 22, 2011

Contact: Fred Fedynyshyn
+1 202-637-6461

FREEDOM NOW WELCOMES CALL OF 26 MEMBERS OF U.S. HOUSEFOR RELEASE OF RENOWNED HUMAN RIGHTS ADVOCATE FILEP KARMA

Today, a bipartisan group of 26 members of the United States House of Representatives, led by Reps. Joseph Pitts (R-PA) and James Moran (D-VA) requested that President Susilo Bambang Yudhoyono of Indonesia release Papuan human-rights advocate Filep Karma. In the letter, attached, the Representatives declared:

Mr. Karma’s case represents an unfortunate echo of Indonesia’s pre-democratic era, when Indonesia regularly imprisoned political activists on unlawful grounds…. We urge your government to uphold its commitments to international law and to its own domestic law and immediately and unconditionally release Mr. Karma.

Other signatories to the letter included members of the House’s Committee on Foreign Affairs, Chris Smith (R-NJ), Dana Rohrabacher (R-CA), and Eni Faleomavaega (D-AS); and co-chairs of the Tom Lantos Human Rights Commission, Jim McGovern (D-MA) and Frank Wolf (R-VA).

Freedom Now attorney Sachi Jepson stated: “We, along with an international community of supporters, are heartened by the House’s efforts to restore justice and health to Mr. Karma. We sincerely hope the Government of Indonesia will bring an end to Mr. Karma’s unlawful detention and that he can return to his family at long last.”

Mr. Filep Karma, 52, is a prominent Papuan political activist and former Indonesian civil servant who is serving a fifteen-year prison sentence for his peaceful human rights advocacy. He was arrested on December 1, 2004, for organizing and participating in a ceremony at Trikora Field in Abepura, Papua, where hundreds gathered to raise the Papuan Morning Star flag and celebrate the anniversary of the 1961 Papuan declaration of independence from Dutch rule. Although Mr. Karma has explicitly denounced the use of violence, he was charged with treason and sentenced to fifteen years in prison. His wrongful arrest, detention, and trial violate Indonesian law and Indonesian obligations under international law. Mr. Karma is an inspirational leader of nonviolent human rights advocacy­currently suffering respiratory infections and abdominal pains while being denied medical attention.

Freedom Now welcomes the support of these Representatives and joins them in calling on President Yudhoyono to release Mr. Karma and urging the Indonesian government to comply with its commitments under international law and its own constitution.

###1776 K Street, NW, 8th Floor • Washington, D.C. 20006 • +1 (202) 223-3733 • www.freedom-now.org Our mission is to free prisoners of conscience through focused legal, political and public relations advocacy efforts.

 

—-

Congress of the United States
Washington, DC 20515

August 19, 2011

Dr. H Susilo Bambang Yudhoyono
President of the Republic of Indonesia
Istana Merdeka
Jakarta 10110
Indonesia

Your Excellency:

As Members of the House of Representatives of the United States Congress, we write asking your government to release Filep Samuel Karma, a Papuan political activist and former civil servant, who has been unlawfully and arbitrarily detained since 2004.

Mr. Karma is a prominent non-violent Papuan political activist. He is currently serving a 15- year prison sentence following his raising of the Papuan Morning Star flag at a 2004 political rally celebrating the 1961 Papuan declaration of independence from Dutch rule. U.S. policy towards Indonesia supports the advancement of universal human rights and the fair and nondiscriminatory treatment of all people, which includes the peoples of Papua and West Papua. As a strategic partner, we remain concerned that your government meet its fundamental obligations to  protect the rights of its people, as respect for human rights strengthens democracy.

Mr. Karma’s trial violated international standards of due process of law. For example, the judge made several plain statements indicating a bias against Mr. Karma. Additionally, Mr. Karma’s appeal was rejected on unfounded procedural grounds. And during his incarceration, he has suffered degrading and inhumane treatment, including the denial of necessary medical treatment. Recently, Mr. Karma has been placed in an isolation cell that is causing respiratory problems and has been denied adequate food and water. Additionally, Indonesian authorities have repeatedly threatened to move Mr. Karma to Nusa Kambangan Prison, which reputedly has the worst prison conditions in Papua.

Mr. Karma’s case represents an unfortunate echo of Indonesia’s pre-democratic era, when Indonesia regularly  imprisoned political activists on unlawful grounds. Indeed, Mr. Karma’s case was cited in the United States State Department 2009 Human Rights Report as an example of Indonesia’s detention of political prisoners. Accordingly, Mr. Karma’s release would be a welcome indication of the Government of Indonesia’s otherwise robust commitment to  democracy and human rights.

We urge your government uphold its commitments to international law and to its own domestic law and immediately and  unconditionally release Mr. Karma.

Sincerely,

Joseph R. Pitts
James P. Moran

Frank R. Wolf
James McGovern
Jim McDermott
Christopher Smith
Heath Shuler
Steve Cohen
Chellie Pingree
Henry A. Waxman
Tammy Baldwin
Edolphus Towns
Carolyn B. Maloney
Lloyd Doggett
Michael M. Honda
Bob Filner
Janice D. Schakowsky
Thaddeus McCotter
Barney Frank
Steven R. Rothman
Jesse L. Jackson, Jr.
Sam Farr
Dana Rohrabacher
Edward J. Markey
Maurice D. Hinchey
Eni F.H. Faleomavaega


Melkianus Bleskadit sentenced to two years

JUBI, 19 August 2011

Melkianus Bleskadit was sentenced yesterday in Manokwari court to two
years for his role when the 14-star flag was raised.

A day earlier, the prosecutor asked for him to be sentenced to five
years. The prosecutor has announced that he will mount an appeal against
the verdict.

In a report made public by the human rights lawyer Yan Christian
Warimnussy it was stated that Melkianus was arrested along with Dance
Yenu for flying the 14-star flag to mark the anniversary of independence
for ‘West Melanesia ‘ on 14 December 2010.

In a comment on the verdict, Yan Christian Warinussy who was also a
member of the defence team, said that while the judges had taken a good
decision by limiting the punishment to the criminal element of the
incident, indicating that he was not willing to go as far as the
prosecutor, in the end his client had been given a much higher sentence.
According to past experience involving the case of Jacob Wanggai and his
colleagues, the judges had passed a shorter sentence which was
subsequently increased at the request of the prosecutor, resulting in a
far higher sentence.

He also said that the defendant had been held in a cell of the Manokwari
prosecutor at the Manokwari prison in breach of the law. He said that
both the judge as well as the chief prosecutor had obstructed his
client’s release to the moment when the high court judge could decide on
extending the period of the appeals detention which should have ended
on 19 August.

The three hours of freedom that his client should have enjoyed had been
denied him by the decisions of the prosecutor and the judge. Moreover,
there was a show of force when a company of police security officers as
well special intelligence personnel stood on guard round Bleskadit at
the office of the prosecutor. He said that the the lack of
professionalism by both of these institutions had resulted in his client
being deprived of his basic rights.


Security measures escalate in Papua

Bintang Papua, 20 August 2011

KNPB, the National Committee for West Papua, is scheduled to announce
the results of the meeting organised by ILWP, International Lawyers for
West Papua in Oxford, at 9am this morning , at the tomb of Theys Hiyo
Eluay.

Bintang Papua also reported that Major-General Erfi Triassumu, commander
of the XXVII/Cendrawasih Military Command, said he has not yet had any
reports about the results of the ILWP meeting in Oxford, but said that
the ILWP event has triggered events affecting the security situation,
especially in Papua.

In a meeting with the press, he said that promises made by various
groups were causing confusion among the population. It was not only
because of the armed activities of civilian groups that had occurred
before and after the ILWP meeting. The security situation had indeed
intensified throughout Papua recently, which had happened both before
and after the ILWP meeting.

Other factors were the election of the governor of Papua as well as the
special autonomy law – OTSUS. People were hoping that OTSUS funds would
be evenly distributed among the communities, although some of the funds
could not yet be released.

He said that he along with the police chief in Papua had together
committed to doing what they could to restore a conducive situation in
Papua.

Meanwhile, the district chief of Puncak Jaya, Lukas Emenbe. called on
everyone whatever their differing opinions to hold a dialogue in order
to agree on peaceful solutions. ‘ All these problems can be resolved,’
he said, ‘as long as we publicly express our opinions.’

The military commander, asked whether there would be an increase in the
number of troops in preparation for the forthcoming Idul Fitri [the last
two days of Ramadan] said that organic troops may carry out routine
movements because the Korem under Battalion 751 in Sentani does not
have special units available for security purposes.

Asked about the manoeuvres by armed groups which had been involved in
fighting in urban areas such as in Nafri, he said because of the current
civil emergency status, the police would be in the front line together
with the local government, because the govrnor, the district chief and
the city mayor are the ones who are responsible for security.’

‘I will assist if there is a request from the police for additional
personnel to help the police,’ he said.


Indon military open fire on vehicles carrying KNPB activists, arrests ahead of Aug 20 gathering

from Westpapuamedia.info and Local Sources

Indonesian Police and Army from a joint taskforce opened fire on a car of West Papua independence activists in Abepura, West Papua, on August 18, after arresting three other activists from the West Papua National Committee (KNPB) for distributing pamphlet in support of demonstrations planned for August 20.

The shooting occurred when KNPB (Komite Nasional Papua Barat) members attended the Jayapura police headquarters to check on the welfare of detainee Octovianus Mayor.   Mayor was arrested by members of the joint TNI/POLRI taskforce at 1000am local time at Expo Waena, for distributing pamphlets for a planned announcement on August 20 of resolutions from the Oxford ILWP “Road to Freedom” conference, at the grave of the late Theys Hiyo Eluay in Sentani.  Mayor is the Secretary General of the Timika Region KNPB.

Colleagues of Mayor went by car to Abepura police station upon hearing of his arrest to ensure his safety.  Demi Asso, Soni Kosa and several friends asked police guarding a post at Abepura of the whereabouts of their friend, whose location was given by police at District Police Jayapura.   After they left the  police station and drove towards PolRes Jayapura.   According to witnesses, police followed the activists from the police station, and began to shoot at their car, a black Avansa.

Police quickly pursued the KNPB activists vehicle, which was fired on by police officer Bripka Numberi at 12.000 midday, at Abepura circle, Jayapura, Papua.

Bripka Numberi allegedly fired indiscriminately in pursuit of the vehicle,shooting 10 rounds into the rear of the car, 4 rounds through the windscreen, 6 rounds into the rear bumper and 1 round in the wheel, causing the Avansa to stop.  The vehicles occupants panicked and ran, according to a a KNPB witness report and chronology obtained by West Papua Media.  The police continued to open fire on the unarmed group, shooting Demi Asso, Soni Kosay in the feet.  The three other unidentified activists did not sustain bullet wounds, and police arrested all immediately.  At around 13:00 the two shot KNPB activists and three others were taken to the Jayapura Police for further processing.

KNPB have appealed for support from international human rights observers, lawyers and NGOs to press for a credible investigation into the circumstances of this arrest and the excessive force used by Police to capture unarmed activists.

Nick Chesterfield, local sources

AHRC: INDONESIA: Torture Report – A heinous act which is not seriously addressed


AHRC-FST-042-2011
July 14, 2011

Report on the practice of torture in Indonesia for the International Day of Support for Victims of Torture from the Commission for the Disappeared and Victims of Violence (KontraS) in Indonesia forwarded by the Asian Human Rights Commission

INDONESIA: Torture: A heinous act which is not seriously addressed

Download the full report at http://www.humanrights.asia/countries/indonesia/reports/ngo/KontraSTortureReport2011.pdf

I. Introduction

One of the serious issue of human rights violations—which is one of the nonderogable rights —that recently arised public attention is torture. First, in early October 2010 shortly before his plane left for the Netherlands, President Susilo Bambang Yudhoyono decided to cancel his state visit in the country. The cancellation was due to the filing of the lawsuit to the local court in the Netherlands by the activists of South Moluccas Republic (RMS/Republik Maluku Selatan) who live there. The lawsuit for one reason was based on charges of torture committed by police officers against those accused of being RMS activists. They were charged with treason when they displayed RMS flag as they performed cakalele dance in front of the president and some foreign guests during his visit to the Moluccas in June 2007. Following the cakalele incident the security forces, including special anti-terrorism unit Detachment 88 immediately arrested and detained hundreds of suspected RMS activists and some of them were allegedly become victims of torture.

Second, only a few weeks later in October 2010 a 10-minute visual documentation—circulating through ‘Youtube’—on torture of two Papuans recorded with mobile phone video tool. In the video, the extremely brutal and inhuman action was obviously conducted by people in military uniforms in order to conduct interrogations. With the rapid spread of that torture video, various Indonesian authorities—including President Susilo Bambang Yudhoyono— promptly responded to it and affirmed the practice of torture by military personnel in Tingginambut, Puncak Jaya, Papua. Many actually considered this video as an explicit example of the allegedly patterned practice of torture in Papua. The appeals of concern about the practice of torture also expressed by both foreign governments and international organizations.

This paper tries to examine the extent to which states implement human rights standards in the relevant international instruments of torture as an obligation of Indonesia post ICCPR and CAT ratification within the past year (July 2010 to June 2011). The implementative obligation is to do prevention efforts (through improvement of legislation, judicial system, and administration of state), ensuring the perpetrators brought to justice and provide redress to victims or their families. The contextual torture issues and problems in Indonesia can be seen from various post-priority agenda of meetings and discussions conducted by Indonesia government with relevant international human rights agencies.

So far Indonesia has made two reports to the Committee Against Torture under the Convention Against Torture, the first (initial report) was in July 2001 and the second (periodic report) in 2005. Unfortunately, Indonesia has not made the first report to the Human Rights Committee, the regulatory body for the ICCPR. In addition to reporting under the treaty body mechanism, there are also the follow-up results on torture based on the report
under the charter body mechanism. Under the mechanism of the UN Human Rights Council there are two follow-up agendas: first, the official country visit follow-up of Special Rapporteur on Torture, Manfred Nowak, conducted on 10-23 November 2007; second, the special meeting to discuss the results of Indonesia Universal Periodic Review/UPR in 9 April 2008 during the Fourth Session of the UN Human Rights Council. As follow-up results from various human rights mechanisms mentioned before, there are several similar recommendation agendas expected to be implemented by Indonesia related to the issue of torture, such as:

  • Torture should be made crime and its definition should be in accordance with Article 1 of the Convention against Torture;
  • The lack of this legal rule would lead to the practice of impunity;
  • There shold be an effort to revise the detention system, whether the duration of detention and the effort to test the validity of such detention;
  • In the context of law enforcement, any evidence or testimony that was made due to a practice of torture;
  • Ensure that victims of torture receive redress (reparation).

In conducting an audit over the issue of torture in Indonesia during the past year (July 2010-June 2011), KontraS took up cases of alleged torture which were directly dealt with. Information on alleged cases of torture would be considered a secondary source that could help clarify the picture of torture practices more broadly. In addition the audit report also discusses several policies, including plans for the creation or legislation revisions, which emerged within the past year.

To read the following sections, please download the full report here:

II. The Lack of Normative Provisions Against Torture
III. The Pattern of Torture Cases
IV. Development of New Legislation Draft Related with Torture Issue
V. Conclusions and Recommendations