Lawyers urge Australian Government to speak out over Papuan treason trials
Media Release
Human Rights Law Centre and
International Lawyers for West Papua
1 February 2012
The Australian Government’s silence on human rights abuses in the region has once again been put in the spotlight, with the Human Rights Law Centre (HRLC) and International Lawyers for West Papua (ILWP) urging the Foreign Minister to speak up in defence of basic rights such as freedom of expression and assembly.
Criminal trials have commenced this week in Jayapura, against five Papuan political activists charged with criminal offenses following their involvement in last year’s peaceful assembly at the Third Papuan People’s Congress. The activists were among the hundreds of people arrested after Indonesian police and military forcibly shut down the gathering, killing at least three people and injuring approximately 90 others.
HRLC spokesperson, Tom Clarke, said the fundamental rights of all persons to freedom of expression, peaceful assembly and association are protected by International Covenant on Civil and Political Rights – which Indonesia ratified in 2006.
“These fundamental human rights must be recognised and respected by Indonesia. The exercise of such democratic rights and freedoms must be protected by law, not criminalised.
“Australia’s UN Security Council bid pitches us as a ‘principled advocate of human rights for all’. This is a prime opportunity for the Foreign Minister to take a principled stand against human rights abuses on our doorstep,” Mr Clarke said.
The Papuan activists, Forkorus Yaboisembut, Edison Waromi, August Makbrowen Senay, Dominikus Sorabut and Selpius Bobii, are facing charges of treason in a region where people may be imprisoned for simply raising the West Papuan ‘Morning Star’ flag.
ILWP’s Jennifer Robinson called on the Australian Government to use its unique relationship with Indonesia to encourage the authorities to demonstrate their respect for human rights by dropping charges against the five activists.
“These trials should stop immediately, and Australia should do everything it can to help that happen. The prosecution of activists for peacefully expressing their political views has no place in a modern democracy. The Australian Foreign Minister, his department and embassy staff in Indonesia should make it very clear that the Australian Government firmly supports human rights and freedom of expression in the region,” Ms Robinson said.
Ms Robinson also called on the Australian Government to deploy embassy staff to observe the legal proceedings for the purpose of ensuring that the protesters receive a fair trial.
The trial is scheduled to resume on Wednesday 8 February.
For further comments:
please contact West Papua Media +61450079106 for contacts
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Makar accused reject charges, and Indonesian jurisdiction over Papua in adjourned trial (Photo Report)
January 31, 2012
By Nick Chesterfield from West Papua Media with local sources
(Jayapura) The treason trial against the leaders of the Third Papuan People’s Congress in Jayapura was adjourned on Monday until February 8, after a short hearing that Indonesian authorities moved at the last moment preventing many supporters from attending.
The five defendants, President of the Federated Republic of West Papua (FRWP) Forkorus Yaboisembut, Prime Minister Edison Waromi, together with Congress organisers Selpius Bobii, Dominikus Sorabut and Agus Sananay were charged with makar or treason under Article 106 of KUHP (the Indonesian Criminal Code) for their declaration of an independent West Papua at the close of the Third Papuan People’s Congress on October 19 last year.
Papuan leaders accused of treason on trial in Jayapura, January 30, 2012
The historic Congress was violently broken up by Indonesian security forces using live fire and excessive violence, with at least seven people killed, hundreds beaten and tortured, despite official permission for the event to be held. Indonesian security officers involved were given minor disciplinary sanction, with most perpetrators of violence enjoying complete impunity despite footage of the Indonesian security force violence being broadcast internationally.
Initial reports from witnesses inside the trial early in the day claimed that the team of judges argued with the defence legal team about the need to know the political position of the defendant’s, despite the fact that in a treason trial this would be self-evident. Yaboisembut and Waromi then fundamentally rejected the charges against them, arguing that their actions were not treason“.
Forkorus Yobeisembut (Jakarta Globe)
According to Forkorus as reported by the Jakarta Post, “What we have been doing is seeking our own independence. Thus, we have cheated no one,”. Forkorus argued that Indonesian occupation of his homeland was the real issue, and that ”this problem is not the problem of separatism and rebellion or treason”. Both Forkorus and Waromi said that the issue of Papua should be tried in international courts as the Indonesian state did not have jurisdiction over Papua.
Forkorus Yaboisembut (Jakarta Globe)
in a short statement sent to West Papua Media, the defendant’s legal team said that the judge asked Forkorus and the accused understood the indictment. “He answered that, yes, he understood what the prosecutors read but did not understand the charges of treason against them.”
“Forkorus then asked for time to read a statement to the assembly to process the rejection of the law, (the request of) which was then approved by a judge. Our attorneys will do the rebuttal (exception) to the indictment dated 8th February 2012,” according to the legal team led by Hamadi.
(Photo: Efraim Joteni)
Bintang Papua reported that another one of the lawyers for the accused, Gustaf Kawer,said that up to 32 lawyers from across Papua and Indonesia had offered pro-bono defence of the treason accused. He said: ‘I am convinced that the large number of lawyers who are attracted by the case is a good sign of interest in the need to find a solution to the problem of Papua.’
Forkorus Yaboisembut and Edison Waromi media interview after trial.(Photo: Efraim Joteni)
The Panel of Judges hearing the trial are Chairman of the Jayapura District Court of Class IA, Jayapura, Papua, Jack John Octovianus, SH. MH,; assisted by I Ketut Nyoman S, SH. MH. Syor Mambrasar, SH. MH. Orpah Marthina, SH. and Willem Marco Erari, SH.
Outside the court hearing, almost 400 hundred heavily armed riot police and a similar number of Army and Kopassus personnel were guarding the courthouse venue from dawn (0600) with close to a dozen armoured assault vehicles, mounted with heavy machine guns, according to participants.
Protest in support of West Papuan leaders in trial for treason (Photo: Efraim Joteni)
Protest in support of West Papuan leaders in trial for treason (Photo: Efraim Joteni)
Participants in the protest claimed to West Papua Media via SMS that security forces were acting in a heavy-handed manner, describing their actions as “wild and aggressive”. “This display of armour makes thousands of ordinary people in Jayapura traumatized and afraid to come to action,” said Jack Wainggai, the spokesman for the Prime Minister of the FRWP, Edison Waromi, on trial for treason today. Organisers had aimed for several thousand people to attend, but amid heavy Indonesian security that discouraged solidarity protests by West Papuan supporters of the defendants, only 500-600 braved the heavy armour and “state intimidation” outside the court.
Protest in support of West Papuan leaders in trial for treason (Photo: Efraim Joteni)
Brimob outside makar trial (Photo: West Papua Media)
Brimob outside makar trial (Photo: West Papua Media)
one of almost a dozen armoured vehicles securing outside court venue Jan 30 2012 Jayapura (Photo: West Papua Media)
Despite promises by Indonesian authorities that the trials would be open, the presiding judges secretly started proceedings at 8.30 am before supporter could arrive. In a press statement before the trial, Bintang Papua reported that Olga Hamadi of Kontras Papua said, “The five men will face charges under Article 106 of the Criminal Code for subversion. Based on past experience, there are concerns regarding security during the trial which will be open to the public, meaning that anyone wishing to attend the trial will be able to do so.” Hamadi urged all present to restrain themselves and ensure that conditions surrounding the trial are conducive.
Speculation has mounted amongst local observers that the trial may be moved from Jayapura to metropolitan Indonesia to reduce any potential political flashpoint it will cause amongst pro-independence forces in Papua, with the prosecutor’s office formally warning of such a move should unrest occur. Conversely though, any shift would create more opportunities for international observers to be present at the trial, a basic condition called for by the defence and international human rights monitors.
After the adjournment, the few hundred that did attend were able to disperse peacefully without an Indonesian security force crackdown, but tension still remains high in Jayapura as armed troops are still deployed on the streets the following day.
Elsewhere in Papua, solidarity actions were held with the treason trials against the Congress leaders. In Manokwari, orations were held calling for international peacekeepers to be deployed to protect West Papuan people from Indonesian state violence. Calls were also made in Manokwari for neutral international mediators for dialogue between Jakarta and the Federated Republic of West Papua.
Westpapuamedia.info
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HRW:: Indonesia – Drop Charges Against Papuan Activists
Free Political Prisoners, Amend Treason Law to Uphold Free Speech
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Police arrest attendees of the Third Papuan PeopleCongress in Jayapura, Indonesia‘s Papua province onOctober 19, 2011. © 2011 Reuters
The Indonesian government should show its commitment to peaceful expression by dropping the charges against these five Papuan activists. It’s appalling that a modern democratic nation like Indonesia continues to lock up people for organizing a demonstration and expressing controversial views.
Elaine Pearson, deputy Asia director
(New York) – The Indonesian government should drop charges against five Papuan activists who are being prosecuted for peacefully expressing their political views, Human Rights Watch said today. On January 30, 2012, the district court in Jayapura, the Papua provincial capital, will begin the treason (makar) trial of five leaders of the Papuan People’s Congress, which the authorities forcibly dispersed last October.
“The Indonesian government should show its commitment to peaceful expression by dropping the charges against these five Papuan activists,” said Elaine Pearson, deputy Asia director at Human Rights Watch. “It’s appalling that a modern democratic nation like Indonesia continues to lock up people for organizing a demonstration and expressing controversial views.”
On October 19, 2011, Indonesian security forces, using excessive force, broke up a three-day Papuan People’s Congress gathering in Jayapura, Human Rights Watch said. After one of the leaders read the 1961 Papua Declaration of Independence out loud, police and the army fired warning shots to disperse the approximately 1,000 Papuans gathered for the peaceful demonstration supporting independence for Papua. The security forces then used batons and in some instances firearms against the demonstrators, killing at least three and injuring more than 90 others. Witnesses said that demonstrators had been struck on the head and several suffered gunshot wounds.
Following the incident, eight police officers, including the Jayapura police chief, Imam Setiawan, were given written warnings for committing a disciplinary infraction by not giving priority to the protection of civilians. However, no other action was taken against police or military personnel for possible misuse of force.
Five of the activists– Forkorus Yaboisembut, Edison Waromi, August Makbrowen Senay, Dominikus Sorabut, and Selpius Bobii – were charged with treason under article 106 of the Indonesian Criminal Code and have been held in police detention since October 19. Another Papuan, Gat Wenda, a member of the Penjaga Tanah Papua, orPepta (Papua Land Guard), which provided security at the Congress, will be tried separately on charges of possessing a sharp weapon.
At least 15 Papuans have been convicted of treason for peaceful political activities. They include Filep Karma, a civil servant who has been imprisoned since December 2004. About 60 other people throughout Indonesia, mostly activists from the Moluccas Islands, are also imprisoned on charges related to peaceful acts of free expression. Human Rights Watch renewed its call for the Indonesian government to release all political prisoners and allow human rights organizations and foreign journalists unimpeded access to visit Papua.
The Indonesian Criminal Code should be amended to ensure that no one is prosecuted for treason for exercising their rights to peaceful protest protected under the Indonesian constitution and international law, Human Rights Watch said. The constitution in article 28(e) states, “Every person shall have the right to the freedom of association and expression of opinion.” Article 28(f) provides, “Every person shall have the right to communicate and obtain information for the development of his/her personal life and his/her social environment, and shall have the right to seek, acquire, possess, keep, process, and convey information by using all available channels.” The International Covenant on Civil and Political Rights, which Indonesia ratified in 2006, similarly protects the rights to free expression and peaceful assembly.
Human Rights Watch takes no position on claims to self-determination in Indonesia. Consistent with international law, however, Human Rights Watch supports the right of everyone, including independence supporters, to express their political views peacefully without fear of arrest or other forms of reprisal.
“The Indonesian government should be prosecuting the people responsible for the ugly and unnecessary crackdown that left three Papuans dead, not those who read out a 1961 independence statement,” Pearson said. “Pursuing this trial will only deepen the resentment that many Papuans feel against the government.”
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West Papua : Where is our freedom and justice? Trial on Monday
http://hermanwainggai.blogspot.com/2012/01/west-papua-where-is-our-freedom-and.html
Opinion
by Herman Wainggai
On October 16-19, the Third Papuan Congress held historic meetings in Abepura, Jayapura in which the largest representative majority ever of West Papuans voluntarily united and participated as members of the nascent Federated Republic of West Papua within our civil society. However, on October 19th, while nearing the completion of the public declaration of our independence, the Indonesian military became violent and arrested hundreds of nonviolent West Papuans, including President Forkorus Yaboisembut and Prime Minister Edison Waromi of the Federated Republic of West Papua.
Congressional Hearings on West Papua, September 22, 2010 From left : Salmon Yumame, Forkorus Yaboisembut, Eni Faleomavaega, Edison Waromi and Herman Wainggai
Over the years I have worked alongside many activists and political leaders including Filep Karma, Forkorus Yaboisembut, Jacob Rumbiak and others. For instance, Edison Waromi is a colleague of mine who has spent his life as a nonviolent political activist working for West Papua’s freedom. He has made tremendous sacrifices in his personal life including numerous incarcerations within the substandard conditions of Indonesian prisons in Papua.
Edison’s prison history began in 1989 when he was imprisoned for twelve years; In 2001 he was jailed for six months; and in 2002 we were incarcerated together for two years. For Edison this amounts to 14 1/2 years in the past 23 years of his life. Now he is currently serving another 15 year prison sentence resulting from his arrest in October. The convictions for these political incarcerations are typical iterations of subversion; In the meantime he will continue to serve his 15 year sentence with nary a complaint, even with the awareness that his due process will likely be denied.
My hope is that I will see the day when West Papuans are no longer defined by their repression and victimization, but rather by their strength, courage, and tenacity to fight for justice.
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Rallies to support Papuan leaders facing treason trials on Monday
January 28, 2012
by Nick Chesterfield at Westpapuamedia.info with sources
West Papua’s civil resistance movement is believed to be organising major demonstrations to support West Papuan leaders facing treason charges in Indonesia’s courts on Monday, January 30.
Indonesian prosecutors will begin proceedings in Jayapura in the treason trials for the leaders of the Third Papuan People’s Congress (KP3), which decalred independence from Jakarta on October 19 last year, after which Indonessian security forces stormed the venue. The President of the Federated Republic of West Papua Forkorus Yaboisembut, Prime Minister Edison Waromi, together with Congress organisers Selpius Bobii, Dominikus Sorabut, Agus Sananay and Gat Wenda all face a battery of charges stemming from their involvement in the Third Papuan Peoples Congress, held for only the third time since 1961.
Papuan leaders are standing infront; Forkorus Yaboisembut S.Pd, Edsison Waromi SH .behind Dominikus Surabut, Gad Wenda, Agus Senandy Kraar and Selpius Bobii (Photos: West Papua Media)
Five of the six are charged with treason under Article 106 of KUHP (the Indonesian Criminal Code), and have also been charged under Article 53 for incitement to acts of treason, and Article 55 which states that even attempting to committ an act (in this case treason), even if unproven is the same as committing the act. Gat Wenda is charged with carrying a concealed weapon. The use of these charges date back to the Dutch colonial times and were used extensively by the Suharto New Order regime to suppress nonviolent dissent.
Their trial will take place at Pengadilan Negeri Klas 1A (State Court 1A), according to a letter dated 17 January (reference 17/PEN.PID/2012/PN). The trial is due to start at 10:00am. The Hon. Jack Johanes Octovianus SH. MH. will be the presiding judge.
Indonesian police and soldiers stormed the Congress venue on October 19 after the independence declaration at the close of the Congress, killing at least 7 people, injuring hundreds and arresting as many as 800 participants. All but the six current detainees were eventually released, but ongoing crackdowns against Papuan nonviolent activists by security forces across Papua intensified in the weeks after the Congress, with several cases of arbitrary arrest and killings.
Papuan human rights activists have alleged, as Video footage of the attack clearly shows, Australian trained Detachment 88 anti-terror troops involved in the attack on unarmed congress participants. Six people were killed and over 300 were arrested.
All detainees were severely beaten by Indonesian police extensively in the weeks following the crackdown, with Yaboisembut sustaining multiple fractures including broken ribs and sternum, and was so badly tortured that he could not stand.
The Institute for Human Rights Study and Advocacy (Elsham) together with the Communion of Churches in Papua (PGGP) reported in said that at least 51 people had been tortured by members of the military and police during and after the Congress. Congress participants testified that they had been “beaten and kicked repeatedly by security forces both at the congress site and while being transported to police headquarters. Some participants said they were beaten at the police station.”
In mid December, when the Indonesian police finally charged the detainees with treason, their legal team rejected this unequivocally. As reported by Bintang Papua, well prior to the Congress the committee sent a letter of notification to the police requesting permission for the congress to be held, and had also sent a letter to the Minister for Legal, Political and Security Affairs Djoko Suyanto, requesting him to be the keynote speaker at the congress. Suyanto agreed and instructed the director-general of the ministry to open the congress, though he never attended.
‘How can this be said to be treason when there have been letters received from the police and the minister?,’ said the lawyers who stressed that all their clients had done was to express their opinions, rights guaranteed under Indonesian Law the Universal Declaration of Human Rights and the Covenant on Civil and Political Rights.
An SMS sent to West Papua Media from the KP3 committee has called for the people of Papua to guard the results of the Third Papuan Congress and to hold the Indonesian state to upholding the due process of law.
There is a high likelihood that the six will not receive a fair trial, according to human rights monitors and the lawyers for the six.
The Papuan detainees have requested international observers, including an Australian Government representative be present at the trial and their lawyers have advised that it is possible. The six are all peaceful protesters who were exercising their right to free speech, according to legal observers.
Demonstrations of prayers, live music and vigils are planned to be held outside the courthouse during the trials, according to West Papua Media stringers on the ground in Jayapura. The KP3 COmmittee have called for people to “maintain an escort for the trial that is peaceful and dignified” and to remain united in the face of security force provocations.
West Papua Media stringers also report that Indonesian security forces have mobilised sigificantly to prevent any “disruption” of the treason trials, expected to be a flashpoint for further crackdown by security forces on peaceful dissent. Significant deployment of military hardware is expected on Monday which may provoke an already tense atmosphere.
West Papua Media will naturally report on any developments as they happen.
westpapuamedia.info
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AHRC: Authorities refuse to treat political prisoner with tumour
January 27, 2012
ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME
Urgent Appeal Case: AHRC-UAC-008-2012
ISSUES: Indigenous people; inhuman and degrading treatment; prison conditions
The Asian Human Rights Commission (AHRC) has received information regarding the condition of Kimanus Wenda, a political prisoner at Nabire prison, Papua, who has a tumor in his stomach and must be operated on. Although Indonesian law clearly notes that it is the state’s obligation to provide medical fees, the Papua legal and human rights department is refusing to pay for Mr. Wenda’s surgery due to a lack of funds. Moreover, the goverment is now claiming that Mr. Wenda does not require surgery, although local activists found the opposite to be true.
CASE NARRATIVE:
According to the information received from KontraS, ALDP and SKPHP, on April 4, 2003, at around 1am, there was a burglary at 1702/ Jayawijaya Wamena military district staff headquarters armory.
Eight perpetrators were arrested in connection to this theft: Yafrai Murib, Numbungga Telenggen, Enos Lokobal, Linus Hiluka, Kanius Murib, Kimanus Wenda, Des Wenda and Mikael Haselo. On January 15, 2004, according to the verdict declared by the Wamena district court, all the victims were found guilty for rebellion under articles 106 and 110 of the Criminal Code. Yafrai Murib and Numbungga Telenggen were sentenced to lifetime imprisonment, while the others were sentenced to 20 years imprisonment. Civil society considers this verdict to not be based on legal facts.
Since 2010, Mr. Wenda has had a tumor in his stomach and is constantly vomiting. He informed the health staff at Nabire prison but was not given any adequate response. On February 2, 2011, the Nabire hospital issued a reference letter regarding Mr. Wenda’s sickness and the need for him to be operated at Jayapura hospital. Two days later, Mr. Wenda’s legal counsel sent a medical leave letter to the head of Papua’s regional office of law and human rights and the head of Nabire prison, but received no response. On September 19, SKPHP met the head of Papua legal and human rights department but the department said it has no money and thus cannot pay for Mr. Wenda’s operation. This violates Indonesian law under Indonesian Government Regulation No. 32/1999 on Terms and Procedures on the Implementation of Prisoners’ Rights in Prisons, which states that it is a state obligation to provide medical fees and treatment. While civil society is now gathering funds to pay for the operation in Jayapura hospital, it is not yet enough.
Furthermore, on December 16, at the hearings between KontraS and the ministry of law and human rights, the staff of Nabire prison said that based on their report and the statement of the prison chief, Mr. Wenda was seen playing volley ball in prison and therefore his stomach tumour is not dangerous and does not need to be operated in Jayapura hospital. However, on December 21, when local activists brought Mr. Wenda to be examined at Nabire hospital, John, the surgery doctor who examined Mr. Wenda, stated that the tumour is severe and should be operated as soon as possible. The government denial to treat Mr. Wenda has resulted in much civil society concern about his safety.
ADDITIONAL INFORMATION:
The AHRC has recorded that political prisoners, especially in Papua, face ill-treatment and torture in prison, as in the case of Fendinand Pakage, who was tortured by a Abepura prison officer in 2008, resulting in permanent damage to his right eye, and in the case of Buchtar Tabuni in 2009, also beaten and tortured by a Abepura prison officer. Political prisoners’ rights are bare fulfilled, especially the right to health, as seen by Filep Karma, who was neglected at Dok II Jayapura hospital although his ureter should be operated.
Furthermore, on August 28, 2007, Mikael Haselo, a political prisoner arrested and charged in the same case as Mr. Wenda, died after being treated at Bayangkara hospital, Makasar, South Sulawesi, due to the complication of some diseases, such as cough, enteritis, bronchitis and lung inflammation.
for suggested actions please visit http://www.humanrights.asia/news/urgent-appeals/AHRC-UAC-008-2012
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3 Papuan prisoners in need of medical treatment for stroke
See http://www.andreasharsono.net/2012/01/narapidana-papua-di-penjara-biak.html
Papuan prisoners in their cell in Biak prison: Numbungga Telengen (black clothes), Jefrai Murib (sleeping) and Apot Lokobal (wearing glasses). Jafrai Murib is thought to have suffered a stroke on 19 December 2011 which has caused paralysis. He can no longer stand.
I am often in and out of prisons to deal with political prisoners, so I know many detainees and their families and lawyers. Last week, I received a message from somebody representing three Papuan prisoners in Biak prison. He said that prisoner Jefrai Murib is thought to have suffered a stroke on the morning of 19 December 2011. He’s paralysed. He can’t walk. When he walks he does so with the aid of his friends. The left side of his body, his left leg and his left arm have lost all sensation.
Jefrai Murib
Murib has had a check-up in Biak General Hospital, where the doctor referred him to Jayapura hospital. Biak hospital is not as well equipped as Jayapura hospital. Murib is in a cell together with Numbungga Telengen and Apotnagolik Enos Lokobal. They were arrested in April 2003 following a raid on a Wamena weapons store. Murib and Telenggen got a life sentence, Lokobal was sentenced to 20 years in jail.
Lokobal also suffers from the same symptoms; the right side of his body has lost all sensation. He has also been seen twice at Biak hospital, on 12 November and 23 November. Lokobal is also suspected of having suffered a stroke. Unlike Jafrai Murib, by last week Apot Lokobal was able to walk again, although his steps are weak and faltering, and he has to be carried when taken to hospital. Lokobal needs more specialised medication. The Indonesian state is responsible for providing healthcare to prisoners. I hope that the health condition of these two prisoners will be taken seriously by the Penitentiary Director General.
In accordance with the doctor’s recommendations, Jefrai Murib should be moved to Abepura jail in Jayapura, and needs to receive medical attention at the Dok Dua Hospital in Jayapura.
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Human Rights Commission urges police chief to withdraw his troops from Paniai
This request is made in a letter signed by the deputy head of Komnas HAM, M. Ridha Saleh, which is a follow-up of the complaint made by the chairman f the Regional Traditional Council (DAD) in Paniai several days ago. He said that the complaint was made because of two recent incidents involving members of the police force. One was shooting in the vicinity of the copper-and-gold mine in Degheuwo which led to the death of a civilian and the other relates to the situation following the dispatch of 150 additional Brimob troops who arrived in Enarotali on 11-14 November 2011
In the second place, the Brimob post which was set up in the midst of several kampungs. should be removed.
Thirdly, to immediately conduct an investigation into what caused the death of Mateus Tenouye. Fourthly, to restore a conducive situation so as to enable the people in the district of Paniai to go about their daily activities.
And fifthly, to speedily hold dialogue with all parties involved in conflicts and to help the community to resolve problems that have occurred in the district of Paniai.
‘This request is in accordance with the authority rested in Komnas HAM according to Article 89, para (3) of Law on Human Rights 39/1999,’ the letter said. Copies of the letter have been sent to the chairman of Komnas HAM, the chief of police in Papua based in Jayapura and to the Paniai chief of police in Madi.
Komnas HAM very much hopes that the situation of the people in Paniai will be more conducive, bearing in mind that all people have the right to live in peace and tranquillity and to be protected against threats of fear, in accordance with article 15, para (30) of Law 39/1999.
Komnas HAM also calls upon all people to do everything possible to safeguard a conducive situation for people living in Paniai.
‘The chief of police needs to re-evaluate the policy of sending additional Brimob troops to Papua, particularly to Paniai. His troops must be withdrawn because the people there are very upset, especially because of the attack on Eduda several days ago which has only intensified these fears and are having a significant impact because people are unable to organise activities in preparation for Christmas Day which is fast approaching.’
At the present time, there are hundreds of Brimob troops and police in Eduda, which is the headquarters of TPN/OPM, after managing to occupy the area.
Calls for the withdrawal of these troops have also be made by others, especially since, in the past couple of days, operations in the area have intensified in an attempt to hunt down the group of John Magai Yogi, who recently moved into the forest.
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SBS: Indonesia attacking Papuans: claim
POLRI GEGANA anti-terrorism troops attacking peaceful flagraisers, Taokou Village, East Paniai , December 1 (West Papua Media)
A Papuan human rights group says Indonesian helicopters have been strafing villages, killing more than a dozen people and displacing up to 25,000 others, in their latest operation against the Free Papua Movement, or OPM.
Indonesian media has reported clashed between OPM fighters and the police and military – known as TNI – in the past week in the troubled province.
West Papuans have been seeking independence since Indonesia invaded in 1962, at the end of 130 years of Dutch colonial rule.
Stefan Armbruster spoke with the director of the Institute of Human Rights Study and Advocacy in the Papuan city of Jayapura, Ferry Marisan.
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Forkorus Yaboisembut rejects charge of treason
Abridged in translation
The charge was strongly rejected by Gustav Kawar as one of their legal team. They say that police interrogators insisted that the five men be charged even though the police would need first to consider the incident in which they were involved right from the start.
Before the Papuan Peace Congress was held, the committee sent a letter of notification to the police requesting permission for the congress to be held, and had also sent a letter to the minister for legal, political and security affairs requesting him to be the keynote speaker at the congress, which the minister had agreed to, and had instructed the director-general of the ministry to open the congress.
‘How can this be said to be treason when there have been letters received from the police and the minister?,’ said the lawyers.
Even though the police interrogators have said that the documents for the trial are now complete, the lawyers will make a formal complaint, stressing that what their clients had done was to express their opinions which is guaranteed under the Universal Declaration of Human Rights and the Covenant on Civil and Political Rights .
The lawyer said that their client(s) had not yet signed any documents relating to the trial.Yet even so, the police interrogators consider that the documents are complete and have been submitted to the prosecutor’s office..
He said that usually when someone is charged with treason, there should have been an attack, but the Congress proceeded peacefully and came to a conclusion according to the aspirations of the Papuan people who want to exercise their right to self-determination and to set up a state of West Papua.
When Forkorus and his colleagues arrived at the prosecutor’s office, they were sent straight for interrogation by the prosecutor, Maskel Rombolangi, and were accompanied by their lawyer, Anum Siregar, and there was a request that the men should be held in custody at the detention centre of the police. This was firmly rejected by Selpius Bobii, accompanied by Domingus Serabut. Things then became quite tense . The five accused were taken to the prosecutor’s office in Jayapura for proceedings to continue.
‘We dont yet know whether they will be sent back to police custody,’ said the lawyers.
Gustav Kawar said that the five accused are: Forkorus Yaboisembut, Edison Waromi, Selpius Bobii, Domingus Sarabut and Agus Krat who have been charged under Article 106 with treason and for incitement under article 160 of the Penal Code. After the Congress, the five men and Gat Wenda were arrested by the police after they had been involved in proclaiming the State of West Papua on 19 October in Abepura. At the sime time, three members of PETAPA, were killed. The first charge could result in sentences of twenty year or life , while the second charge can lead to a six-year sentence.
One of the lawyers of Forkorus, Anum Siregar said that since 7 December, they had refused to be interrogated on the basis of an international covenant and rejected the charge of treason . Anum Siregar said that her clients had refused to be held at the police detention centres because they did not feel safe there and moreover, their families had not been permitted to visit them. The detained men said that they would prefer to be held at Abepura Prison because their families would be able to visit them and they felt safer there.
When the men met a reporter from Bintang Papua, they said had been ill and had be treated violently , They also rejected medication provided by the police and wanted to be treated by doctors at the general hospital. Finally, the men were handed over to the authorities at Abepura Prison and they have been given medical check-ups.
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New Docos examine upheaval in West Papua
As the 1st of December looms, two new short documentaries published by West Papua Media take a look at the recent wave of unprecedented political and industrial action and state repression in the lead up to the 50th anniversary of West Papuan Independence.
The Third Papuan People’s Congress
PLEASE NOTE: FOOTAGE FROM TIMECODE 04:59 – 05:43, OF PAPUAN GUERRILLAS FROM TPN/OPM RAISING THE MORNING STAR FLAG IS INDICATED AS FILE FOOTAGE FROM “FORGOTTEN BIRD OF PARADISE”, AND IS USED PURELY FOR HISTORICALLY ILLUSTRATIVE PURPOSES. THIS FOOTAGE WAS SHOT IN 2008 IN THE HIGHLANDS OF PAPUA AND DOES NOT INDICATE, IMPLY OR ILLUSTRATE ANY ARMED PRO-INDEPENDENCE PRESENCE AT THE THIRD PAPUAN PEOPLE’S CONGRESS, WHICH IS FACTUALLY CONFIRMED AS BEING A PEACEFUL, NON-VIOLENT ASSEMBLY, WITH NO WEAPONS OF ANY SORT PRESENT BEFORE, DURING, OR AFTER PROCEEDINGS, OTHER THAN WEAPONS USED AND BELONGING TO INDONESIAN SECURITY FORCES.
PUBLIC OR PRIVATE MISREPRESENTATION OF THIS FACT WILL BE CONSIDERED DEFAMATION AND LEGALLY ENFORCED.
Credits
Production: traverser11 and Nick Chesterfield
Music: Airi Ingram and Ak Rockefeller
Script: Nick Chesterfield and Mark Davis
Video Supplied by: West Papua Media, Tapol/Down to Earth, Dominic Brown; ABC Lateline, SBS, TV Papoes, Metro TV Papua
Freeport Miners Strike
Video from the three month long strike at Freeport Mine in West Papua, police repression and actions in solidarity with the miners. Produced by traverser11 with music by Airi Ingram.
Credits
Production: traverser11 and Nick Chesterfield
Music: Airi Ingram and Ak Rockefeller
Video supplied by: SPSI Freeport (miners Unions), West Papua Media, Lococonut, Theagapaipho, WPACTION Network, Yerry Nikholas, Beni Pakage
and public domain content from: Al Jazeera English, Reuters
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Amnesty: ‘Slap on the wrist’ for police violence in Papua is accountability failure
These written warnings are a slap on the wrist. They do not provide accountability for the deaths of three people, or for the use of excessive and unnecessary force against a peaceful gathering.
The bodies of Demianus Daniel, Yakobus Samonsabara, and Max Asa Yeuw were later found near the Congress area.
“These written warnings are a slap on the wrist. They do not provide accountability for the deaths of three people, nor for the use of excessive and unnecessary force against a peaceful gathering,” said Sam Zarifi, Amnesty International’s Asia-Pacific Director.
Some 300 participants were arbitrarily arrested and ill-treated at the end of the Congress. Most were released the following day but six have been charged and are currently awaiting trial.
Amnesty International has called on the authorities to act on the findings of the Indonesian National Human Rights Commission (Komnas HAM) that rights violations were committed by security forces, and to prosecute those responsible.
“Even though the Indonesian authorities have a responsibility to prosecute human rights violators, this is yet another example of how in Indonesia, human rights crimes committed by police officers never reach civilian courts, but are dealt with through inhouse disciplinary hearings,” said Sam Zarifi.
“Internal disciplinary procedures are for dealing with minor offences, not serious human rights violations.”
Amnesty International also urges the Indonesian authorities to set up an independent police complaints mechanism to deal with human rights violations by police officers.
Current bodies such as the National Police Commission or the National Human Rights Commission do not have the powers to deal effectively with complaints about police abuses, nor to provide reparations to victims.
A Komnas HAM investigation team found a range of human rights violations were allegedly committed by the Indonesian security forces on 19 October, including opening fire on the peaceful Papuan gathering and beating and kicking participants.
It was reported on 7 November that the President’s office had rejected the Komnas HAM findings, stating that the police were still handling the case.
On 22 November, an internal police disciplinary hearing in Jayapura, Papua found the former Jayapura Police Chief Iman Setiawan guilty of violating the Disciplinary Code for “his inability to co-ordinate police officers under his command”.
Seven police officers from Jayapura City were also found guilty of violating the code for not “protecting and servicing the community with the best of their ability” and “degrading the honour and dignity of the state and the police”. They were all each given a written warning.
The disciplinary hearings for the seven police officers were reportedly held behind closed doors.
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Longing for Merdeka by Melissa McLeary
‘Longing for Merdeka’ is about the desire of the people of West Papua to gain independence from Indonesia. The film focuses on Herman Wainggai who escaped to Australia with 42 Papuan refugees on a traditional canoe. Since settling in Australia he continues to campaign for the self-determination of his people.
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Thousands of West Papuans demand Referendum in Jayapura 14 Nov 2011
Several thousand West Papuan people took the streets in Jayapura on November 14 to calling for a Referendum to demand their right of self determination.
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In another show of mass civil resistance since the brutal crackdown by Indonesian security forces on the 3rd Papuan Peoples Congress, the demonstration organised by the West Papua National Committee also called for the Government of Indonesia to take responsibility for its increased unjustified violence towards West Papuan people.
Indonesian police attempted to block the march, but protestors pushed through peacefully to continue to the offices of the DPRP, the provincial parliament building.
Demoted former Papuan Police chief Iman Setiawan attempts show of force (Reuters)
Protest organisers earlier expressed grave fears that security forces would attempt to repeat the violence on unarmed and peaceful protestors, but international monitoring and effective citizen media on the ground contributed to the restraint shown by security forces.
Participants rejected dialogue or talk with Jakarta until violence ended and maintained their position that a referendum was the only just pathway towards fulfilling Papuan rights.
“Give us the space for a referendum so that we can choose what we want. We don’t want dialogue doing the bidding of UP4B, or other policy of Special Autonomy; We don’t need money, we don’t need to be with Indonesia, let us be free on our land,” said speakers, referring to the Special Development unit set up by Indonesian President Yudoyhono to dilute Papuan calls for independence.
“The Papuan people have asked for an immediate referendum for self-determination. We reject any dialogue with Jakarta,” protest coordinator Mako Tabuni said.
“The referendum is non-negotiable.”
Mass Action Jayapura, 14 Nov 2011 (Af Wensi)
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New Report Reveals Extent of Papua Human Rights Violations
Press Release from Tapol, Franciscans International, Asian Human Rights Commission and Faith Based Network on West Papua (FBN)
NGOs meet in Geneva to address their concerns on the situation of Human Rights in Papua
Geneva, 3 November 2011
Following last month’s violent dispersal by Indonesian security forces of the Third Papuan Peoples’ Congress in Jayapura, Indonesia has been confronted with the full scale of human rights problems in Papua by the new Report ‘Human Rights in Papua 2010/2011’.[1] This was launched yesterday in Geneva, by the Faith Based Network on West Papua (FBN), Franciscans International (FI), and the Asian Human Rights Commission (AHRC).
The Report portrays the bleak reality of the abuse of civil and political rights, as well as economic, social and cultural rights in Papua in 2010 and 2011. The aim of the Report is to raise awareness of the human rights situation in Papua and to create in Papua a ‘land of peace’.
More specifically, the Report draws attention to the hardship faced by national and international civil society as well as by local human rights defenders who are too often victims of intimidation, harassment and arbitrary detention on the charge of makar (treason) while exercising their right to freedom of expression in their struggle for justice and accountability. The Report further denounces the policy of the Government of Indonesia aimed at discrediting, limiting and jeopardizing the work of international human rights organizations working in Papua, including denied access to international media through the manipulation of bureaucracy. As a result, certain international organizations are directly or indirectly forced to withdraw from the country, as was the case of the International Committee for the Red Cross (ICRC) and Peace Brigades International (PBI).
With a view to presenting the Report and raising awareness on the recent tragic events, Franciscans International organised a round table discussion. This was attended by representatives of the Faith Based Network on West Papua, Geneva for Human Rights, Human Rights Watch, Papua Peace Network (JDP -Jaringan Damai Papua), Special Rapporteur on the situation of human rights defenders TAPOL, World Organization Against Torture (OMCT), and the Permanent Mission of the Republic of Indonesia to the United Nations.
In response to the numerous issues and concerns raised during the discussion, the representative of the Permanent Mission of Indonesia made an official statement asserting that “human rights protection is a national priority”. Despite the appreciation for the participation of the Permanent Mission of Indonesia, this statement was visibly met with strong disagreement by NGOs. They attested that “Political statements are not enough to address human rights violations in Papua, since – the reality is -a climate of fear prevails in Papua”.
The NGOs present concluded by calling upon the Government of Indonesia to: Immediately release all political prisoners; Immediately cease intimidation, harassment and physical violence against human rights defenders, journalists, and religious leaders in Papua; to criminalise torture and ratify the Optional Protocol to the Convention against Torture; ratify the International Convention on Enforced Disappearances; and to Start a genuine dialogue with national and international civil society.
For more information on the report Human Rights in Papua 2010/2011, please contact:
Kristina Neubaeur –Faith Based Network on West Papua, Coordinator
Francesca Restifo – Franciscans International, International Advocacy Director
Paul Barber – TAPOL, Coordinator: +44 7747 301 739; paul.barber@tapol.org
Wong Kai Shing – Asian Human Rights Commission, Executive Director
1] Available at http://tapol.gn.apc.org/press/files/Human-Rights-in-Papua_Report-2010-2011.pdf
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Papuan youth set alight by Indonesian civil security officers
TAPOL Press release
3 November 2011 – Evidence has emerged of a horrific attack on a Papuan student in the town of Wamena in West Papua‘s central highlands.
Yusuf Hiluka, set alight by police officer in Wamena on Oct 19 (via TAPOL)
According to a report received by TAPOL, at around 04:45 am on Wednesday 19 October, Yusuf Hiluka, 23, was stopped outside the office of the Regent of Jayawijaya District by two officers from Satpol PP (Satuan Polisi Pamong Praja), the district civil security unit, while making his way from a friend’s house to the Wamena bus terminal.
Without questioning Mr Hiluka, the Satpol PP officers poured glue on his head and set it alight. Mr Hiluka’s head and the back of his neck were engulfed in flames.
Mr Hiluka fled screaming to the nearby police station to seek protection. The perpetrator was detained immediately and held in police detention. An investigation has been conducted, and in accordance with customary law, a payment by the perpetrators to the victim’s family is being arranged.
Mr Hiluka suffered burns to his forehead and hands [1], and according to reports he is still awaiting hospital treatment for his wounds. The motive for this attack is not known, but it is yet another unexplained incident in a series of violent events that have devastated West Papua in recent months. It occurred on the same day that up to six people were killed during the violent dispersal of the Third Papuan Peoples’ Congress by Indonesian security forces in the provincial capital, Jayapura [2].
TAPOL calls on the regional Chief of Police, Inspector General Bekto Suprapto, to recognise the gravity of this cowardly attack, ensure that a thorough independent criminal investigation is carried out and that those responsible are brought to justice. The use of customary law in such cases cannot be deemed sufficient, either in obtaining justice for the victim, in punishing the perpetrator, or in acting as a deterrent against future violations.
ENDS
Contact: Paul Barber +44 (0) 7747 301 739 or paul.barber@tapol.org
Notes:
1. Photos of Mr Hiluka and his injuries are available on request from TAPOL.
2. See TAPOL/WPAT/ETAN press release, ‘Indonesian crackdown on Papuan
Congress sparks outrage’, 20 October 2011, at
http://tapol.gn.apc.org/press/files/pr111020.pdf.
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