Tag Archives: Makar

Warinussy: Continued Brimob police Detention of Alexander Nekenem is Rights Violation

Statement by Yan Christian Warinussy, Executive Director of LP3BH

10 November 2015

Speaking on behalf of the LP3BH – Manokwari [Institute of Research,
Analysis and Development of Legal Aid] as well as the Co-ordinator of
the defence team of Alexander Nekenem and his colleagues, it is my
opinion that the Prosecutor, Syahrun SH from the Prosecutor’s Office
in Manokwari has violated the basic human rights of one of my clients.

A statement issued by the Court stated that the length of
detention of my clients should be prolonged for sixty days, from 30
September till 28 November 2015.

A copy of this decision was sent to the Director of the Prison in
Manokwari. But where should these extra days be spent, in which

Why is it that that Alexander Nekenem and his colleagues continue
to be held in custody at the Brimob Command Centre. Is this the prison
where Alexander Nekenem and his colleagues are to spend the rest of
their detention?

Furthermore, it is clear that the Prosecutor in this case has
violated the rights one of the colleagues of Alexander Nekemen. This
is all the more so in view of the fact that this colleague, Narko
Murib, was taken ill during a hearing in the case and should therefore
have been allowed to be absent from the Court and held in a custodial
cell at the State Prison in Manokwari.

The Chairman of the Panel of Judges instructed the Prosecutor to
take the afore-mentioned prisoner for examination and given whatever
medical treatment he required.

However, regrettably, the Prosecutor’s Office did not act to
ensure that Narko Murib was taken for a medical check-up. All that
happened was that his blood pressure was checked and he was given
some tablets to bring his temperature down.

As a result, Narko Murib was unable to attend the court hearing
on Tuesday, 10 November because he was still unwell.


Yan Christian Warinussy is also the Recipient of the John Humphrey Freedom Award 2015 in Canada, Human Rights Defender in the Land of Papua, and
Member of the Steering Commission of Foker LSM for the Land of Papua.

Translated by Carmel Budiardjo, Recipient of the Right Livelihood Award, 1995.

Unconfirmed reports of FRWP delegation to Jakarta arrested upon returning to Jayapura.

April 16, 2015
from West Papua Media sources
WestPapuaMedia has received the following alert, which has not yet been independently verified:”On Friday, April 10, 2015 a Delegation of the provisional government of the Federal Republic of West Papua ‘ (held a) Joint Meeting with Minister of Defence in Jakarta. This meeting is part of lobbying (that) recognition of the Federal Republic of West Papua state should emerge from both side, namely negotiation from the Indonesian government, and to pursue International recognition.

Don Flassy
FRPB Vice President Don A.L.Flassy, second from left (photo: FRPB/ File)


After joint meeting with Minister of Defense, on April 14, 2015 they returned to Jayapura. (When) they arrived the Papuan Regional Police arrested them and put them in Papuan Police Regional headquarters now.

Names of the arrested are:
1. Don A.L Flassy, Vice President of the Federal Republic of West Papua
2. Ones Banundi, Vice Chairman of the Papua National Council of the Federal Republic of West Papua
3. Masjohn Sueabu, Staff
4. Lawrence Mehue, Staff
5. Eyias Ayakeding, Chief of Papua National Police of the Federal Republic of West Papua
6. Deki Pahabol, staff”

Indonesian police have allegedly charged the group under Article 106 (makar or treason/subversion) of the Indonesian Criminal Code (KUHP), which carries up to 20 years or life in prison.

A spokesperson for the group, Yoab Syatfle, has called for International pressure on the Indonesian government to immediately release the 6 men.

More to come.


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.