Tag Archives: Makar

Theo Hesegem : I Will Testify If Two French Journalists Testify in This Trial

by Ronny Hisage, from our partners at Papua Daily and tabloidjubi.com

Feb 19th, 2015 (apologies for the delay on posting)

Areki Wanimbo in the trial at Wamena District Court on Wednesday (18/02/2015) - Jubi

Wamena, Jubi – A witness in Areke Wanimbo’s case, Theo Hesegem, refused to testify in the trial against Areki Wanimbo in the Wamena District Court on Wednesday (18/02/2015).

He said the prosecutors should present two foreign journalists because they are the reason behind the arrest of Areki Wanimbo. When both journalists were tried in Jayapura, Wanimbo appeared as a witness.

“The Prosecutors must present both of them in this trial because Wanimbo testified in their trial as a witness,” Theo Hesegem said in his statement in front of judges in the Wamena District Court on Wednesday (18/2/2015).

He also refused to testify because he believed there is an inconsistency consisted in the sentences between the prosecutor’s charge and the police’s charge.

“In his indictment, the prosecutor said the witness Theo introduced Domi Surabut to the suspect Areki Wanimbo, while the police said I didn’t know Domi. Based on this difference, I refuse to testify in this trial,” Hesegem said.

Based on this rejection, the prosecutor assumed to recall him as witness next week. Meanwhile other witness Pither Wanimbo testified in the trial that the suspect had no connection with the letter of circulation on donations issued by the Papua Customary Council.
“I am the Lanny Jaya Customary Chief, not Areki Wanimbo. But because of the short of time to distribute the letter, I asked him to sign it because he is the tribal chief. But he didn’t know what was it about,” Piter Wanimbo testified in the Wamena District Court.

After Piter Wanimbo’s witness, the Presiding Judge Benyamin Nuboba suspended the trial and it will resume next week on Wednesday, 25 February 2015.

Meanwhile, Areki Wanimbo’s laywer Simon Patirajawane told reporter after the trial that Hesegem’s objection is part of his right as witness.
“At the time of examination, a witness (Theo Hesegem) objected to testify in the trial because he wanted two foreign journalists to become witnesses in this trial. Because they caused him to go behind bars,” Patirajawane said.

Related to witness Piter Wanimbo, he thought many things were not suitable with the Police’s charge.
“As a lawyer, I thought there are many things improper with the Police’s charge. For example there is a point in the charge that he (police prosecutor) pulled out.  It actually benefits us because the suspect was accused in relation to the letter on donation, but the fact is the suspect didn’t know about it,” he said.

Areki Wanimbo was a resource person of two French journalists Thomas Charles Dandois and Valentine Bourat who arrested by the Jayawijaya Police on 6 August 2014 in Wamena.

additional editing by West Papua Media

Warinussy: More makar cases in Papua

Comment by Yan Christian Warinussy, senior lawyer in West Papua, recipient of the John Humphreys Freedom Award, 2005
December 13, 2013

The latest treason verdict against seven West Papuans is yet another example of the serious human rights situation in West Papuan, in particular with regard to the right to freedom of expression. The seven men were headed by Isak Kalaiban.

Based on the facts revealed during the course of the trial, it is clear that there was a plan between the accused to freely give expression to their views in a way that is based on the rule of law.
This occurred on 1 May 2013 after Isak and his colleagues brought the families of the accused together on the previous day at their home  in Aimas-Sorong. While they were meeting together,  a police patrol in Sorong began to opened fire at the group of people, as a result of which four people were killed or wounded.
At the trial, the men were charged with treason (makar)  by the court in Sorong before a panel of judges headed by Maria Magdalena Sitanggung.
None of the witnesses questioned at the trial said anything about what had taken place on the day before, 30 April.
For the legal team defending the accused, the question is who indeed is it that perpetrated treason in view of the fact that none of the witnesses who appeared in the trial knew anything about the men who were being charged.
This is yet another case in which the accused were charged under Articles 106, 108  and 110 to prevent people in Sorong from giving free expression to their rights to freedom of expression and freedom of assembly  as provided for by Law 39/1999 on Human Rights and the Universal Declaration of Human Rights.
Translated by Carmel Budiardjo

Thousands of students rally to reject Otsus Plus and provincial division

By West Papua Media editors, with local stringers

November 5, 2013

Thousands of Papuan university and high school students led demonstrations in Jayapura on November 4, firmly rejecting attempts by Jakarta to impose the revived “new, improved” version of the failed Special Autonomy package, named “Otsus Plus”.

A coalition of student organizations, collectively known as ‘Students, Youth and People’s Movement’ (Gerakan Mahasiswa, Pemuda dan Rakyat Papua (GempaR Papua) –  the acronym GempaR literally translates as “Unarmed Insurrection” or “Uproar”), also called the actions to reject Jakarta’s latest plans to divide Papua into 33 districts and three further provinces.  The movement has been started by students from seven different high schools, technical colleges and universities in Jayapura, including Cenderawasih University, UMEL MANDIRI, STIKOM, STT GKI I.S.KIJNE and the opposition to the imposition of Special Autonomy Plus.  The rally was subject to several threats of violence from Indonesian security forces, who routinely deem all gatherings on peaceful Papuan aspirations as subversive and treasonous, according to rally sources.

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The planned administrative divisions of Papuan land and districts under Otsus Plus have been widely interpreted as a colonial act by most Papuan civil society groups, according to Papuan observers, and seen as a covert method of further increasing the massive militarisation of Papua.  Each new district automatically gains its own military and policy company (150 men for each), and each further province each gains their own battalions of Military (1500 men) and Police (1200 men), further adding to the estimated 45,000 troops in Papua, the most militarised area under Indonesian occupation.

“Special Autonomy ‘Plus’ will not change (the mind of) Papuans.  Special Autonomy Plus is not a solution for indigenous Papuans. We firmly reject the plan for Autonomy Plus in Papua and West Papua, we reject it, Autonomy Plus and the New Re-districting are the same (still) killing Papuan people, not the solution to prosperity ” said Hendrik Koroto, Demonstration Coordinator and student at the Faculty of Engineering.

As is standard with any demonstration in Papua, the Indonesian police attempted at least twice to violently prevent the students from peacefully continuing on the march, shadowing the gathering with several hundred heavily armed security personnel.  The notoriously hardline Jayapura Deputy Police Chief Kiki Kurnia, again confronted the marchers in an effort to disperse them, threatening the use of heavy force on the students with a display of hardware including heavily armed police, water cannon and Barrucuda armoured assault vehicles. Intense negotiations took place for almost 15-20 minutes between organisers and Senior Police However, Jayapura Police Chief Alfred Papare agreed to allow marchers to continue their march using one lane to allow traffic to pass.

Whilst one group was negotiating with police, a large number of students unexpectedly took to the road, and several waves of students began to march on the Governor’s office, holding hands and neighbours with a tight protective formation.    Police dragged barbed wire in front of the Governor’s office and blocked the main entrance with 5 police trucks, and several other vehicles, The student and civil society gathering then occupied the forecourt of the Governor’s office for over two hours, during which time Governor Enembe agreed to meet a delegation from the student representatives.  No arrests were reported but threats were allegedly made against keynote speakers and rally organisers, according to witnesses who spoke with West Papua Media stringers.

WestPapuaMedia

 

Police violently break up 3rd Congress NFRPB commemorations across West Papua

October 19, 2013

West Papua Media team and local stringers

Early reports received from West Papua Media stringers have described another serious and violent crackdown across West Papua on October 19 by Indonesian security forces, against peaceful gatherings commemorating the second
Continue reading Police violently break up 3rd Congress NFRPB commemorations across West Papua

Warinussy: Treason Charges against Aimas activists lack a proper legal foundation

COMMENT
by Yan Christian Warinussy,
Senior Lawyer and Executive-Director of LP3BH
7 September, 2013
The questioning of the five witnesses that has taken place during the trial of seven civilians in Papua in the Sorong  District Court who have been charged with Treason [makar] in accordance with Articles 106 and  108 of the Indonesian Criminal Code make it increasingly clear that the charges do not have a solid legal  foundation.

Yan Christian Warinussy (Photo: TabloidJubi.com)

This is evident from the  questioning of the five witnesses who were summoned by the Prosecutor on Tuesday, 2 September , namely Adjudant Commissioner [AKP]  Krisistya Artanto Octoberna ( Chief of Narcotics  Investigation at the police station in Sorong) and three others, as well as and a policeman from the same police station named Basuki Rahman.

During their questioning it is clear that they were all involved in the assault operation against the group of civilians from Aimas and they were all  in the vehicle which was on patrol  at the location of the incident. Furthermore, also travelling in the same vehicle was the Head of the Operational Unit of Sorong Police Force.

Two of the witnesses also said that they saw a group of people who arrived to attack a mobile patrol  who were armed with sharp implements but they had not seen the accused men [Isak Kaliaban and his colleagues].

When they  were asked by the legal counsel of the defendants from the Papuan Advocacy Coalition  for Justice in the Aimas Case  whether they possessed letters instructing them to appear, as is required by the Criminal Code, they said in reply that they did have the required documents.

This means that the five witnesses who were summoned by the Prosecutor on 26 August and on 2 September are all members of the Sorong Police Force and moreover, none of these witnesses produced any substantive legal facts which could be used as the basis for charging Isak Kalaiban and his colleagues.with Treason as stipulated in the indictments against the seven accused.

This means that the Investigation Report [BAP] which was drawn up by the Criminal Investigation Unit of the Sorong Police Force by the men being charged had not been correctly established as  required by law which means that their testimony should not have been considered by the panel of judges.which is headed by R.M Christian Kolibu.

Therefore, we, the members of   of the Papuan Advocacy Coalition for Justice in the Aimas Case, herewith state our determination to continue to defend the seven accused men in order to ensure that this case proceeds in strict accordance with the correct legal  procedures  and not in accordance with the manipulated charges being used to charge the seven accused  in accordance with the 1945 Constitution and Law 39/1999 on Basic Human Rights as well as other human rights provisions to which they are entitled in accordance with international  law which have been ratified and adopted by the Indonesian Government as a Member State of the United Nations.

In the forthcoming hearing which will take place on 9 September, the court will proceed to the stage of questioning each of the seven accused  each as witnesses of the other defendants, which is not permitted according to the laws in force and the principles of jurisprudence.

We are of the opinion that  the panel of judges should make it clear that the correct procedures will be adhered to in accordance with the Criminal Procedural Code, bearing in mind that this is what Papuan people would expect regarding the investigation procedures  as required by law in the case against Isak Kalaiban and his colleagues.

[Translated by TAPOL]