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. (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, 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”.

“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.
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—
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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
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Yapen treason trial accused testify of torture in custody
from West Papua Media, with local sources
April 15, 2013
Defence witnesses have revealed the extensive and systemic use of casual torture and inhumane treatment by Indonesian police, whilst testifying at the Makar (treason) trial of two West Papuan peaceful political activists in Yapen District Court, Serui, on April 9.
The activists had been threatened with twenty years jail for organising a nonviolent march about media freedom in West Papua. The two men, Edison Kendi (38) and Yan Piet Maniamboi (36) were arrested for their involvement in organising peaceful demonstrations in Yapen on May 1, and August 9, 2012 for World Day of Indigenous Peoples, and have been held in atrocious conditions in Serui prison and have been subjected to routine and regular torture since their arrest.

Banner at freedom of expression rally rejecting Indonesian rule in Papua on the International Day for Indigenous People. Photo via Alex Rayfield from West Papua Media stringers in Yapen.
The treason trial has been beset by procedural mistakes and the failure to appear of several police officers as prosecution witnesses. Edison Kendi is the National Federated Republic of West Papua’s Governor of Saireri region.
According to independent observers present at the April 9 hearing, the four defence witnesses testified that they were beaten and tortured during detention and interrogation by Yapen police, and were forced to provide false information to stop the torture. The presiding judge suspended the trial for five minutes to talk with witnesses as the BAP (Case Records) were in danger of being revoked by the judge, legally inadmissible as they were based on testimony extracted under torture.
One of the witnesses, named John, answered Prosecutor Matius Matulesi’s questions on the validity of the Case Records version of testimony, the prosecutor disagreed with John and called him “Swanggi” (Devil or Ghost). Matulesi also began to threaten both the witnesses and defendants with hoax charges for testifying about their mistreatment. Matulesi, a Christian native of Maluku, is known as a hard-liner and being “very inhumane in demanding punishment to the fullest extent on native Papuans in Serui, according to human rights observers at the trial.
Edison Kendi had previously testified about the brutality inflicted on him and Maniamboi whilst being held at Yapen police station, and then after their transfer to Serui prison on December 9, 2012 . Kendi wrote in statement provided to observers:
“Since we were arrested we were tortured, kicked, pierced with wood, hit with wood, so we suffered extraordinary bruises and swellings, but (we were) never treated (for injuries) during our detention at the Yapen police station. Police did not allow us to be treated, for the reason we are OPM (Free Papua Movement).”
Failure to provide medical attention for injuries whilst in custody is a grave human rights violation in and of itself, under the UN Standard Minimum Rules for the Treatment of Prisoners, and also the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment – obviously in addition to the torture suffered by the defendants.

Defendants Yan Piet Maniamboi (fourth from left) and Edison Kendi (5th from right), with family, supporters and legal counsel, in court before the hearing. (photo: West Papua Media stringers / NFRPB)
Matius Matulesi has also come in for heavy criticism over his violations of basic prisoner rights to medical treatment in this case, for injuries sustained by the defendants whilst under torture by Yapen police. According to Edison Kendi, “On December 19, 2012 I submitted an application to the clinic in the Prisons for medical treatment, but I was not allowed to go out (to the hospital) by the Attorney on behalf of Matius Matulesi, SH - so we just keep quiet and bore the pain. I’ve been treated at the clinic LP / prisons but with no improvement. I was sick when swelling on both my legs because of torture when captured and examined at the police Yapen station. I have repeatedly applied for treatment outside of LP / prisons but it’s all just all in vain since the detention December 6, 2012 – January 21, 2013 is not permitted by the prosecutor Mathius Matulesi, SH”.
Matulesi also allegedly prevented Kendi from attending the funeral of his father, allowing him only two minutes with his father’s body before being taken back to prison, despite other Indonesian prisoners, including prisoners convicted of violent terrorism offences, routinely granted this basic right.
The trial was adjourned for the prosecutor to present two investigators from the police station at the next session to be confronted with the witnesses’ testimony.
West Papua Media
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STATE VIOLENCE WHICH PARALYSES COMMUNITIES IS INTENSIFYING IN THE LAND OF PAPUA: Press Release by KINGMI Church and Papuan Alliance of Baptist Churches
PRESS RELEASE
LEADERSHIP WORKING FORUM OF PAPUAN CHURCHES
STATE VIOLENCE WHICH PARALYSES COMMUNITIES IS INTENSIFYING IN THE LAND OF PAPUA
As leaders of churches in the Land of Papua, we are deeply concerned about the state violence which is occurring in our sacred motherland. This is clear proof of the fact that the government and the security forces have failed to provide protection for the indigenous Papua people. These concerns of ours have already been conveyed by our communities in the following statements:
(a) The eleven recommendations made by the Consultation of the Papuan People’s Council (MRP) and the Indigenous Papuan Communities on 9-10 June 2010;
(b) The Joint Communique of Church Leaders on 10 January 2011;
(c) The Theological Declaration of Church Leaders on 26 January 2011, and
(d) The Prophetic Message by Papuan Church Leaders to the President of Indonesia on 16 December 2011, in Cikeas, Jakarta.
Similar concerns have been expressed by member countries of the United Nations (the USA, the United Kingdom, Switzerland, Canada, Norway, South Korea, Japan, France, Germany, Mexico, New Zealand, Australia Spain and Italy) on the occasion of the 23 May 2012 session of the Human Rights Council (UPR) in Geneva, Switzerland.
Based on the above facts, we believe that the Indonesian Government and the security forces are part of the problem of violence which has been created by the State, preserved by the state and allowed to continue in order to legitimise yet more acts of violence in the Land of Papua and to take advantage thereof in order to strengthen the security forces.
We regard these developments as a reflection of [Generative Politics] which was described in an article by Nugroho published by The Jakarta Post on 10 July, 2012. According to Nugroho, generative politics are political views and considerations which have paralysed and worsened the situation of Papuan communities and which have been pursued in accordance with the policies of the Indonesian Government for the past fifty years.
Herewith is a list of several incidents of violence that have systematically and structurally been perpetrated as a reflection of the generative politics mentioned above:
- On 2 March 2013, a priest named Yunus Gobay (male, 55 years old) was tortured and mal-treated and after being released, he paid ransom money to the police forces in the Police Command Post in the town of Enarotali, Paniai.
- The shooting incident in Sinak, District of Paniai, Tinginambut, Puncak Jaya on 21 February 2013 and the shooting incident in Udaugi on the border of the District of Delyai on 31 January 2013 when a number of civilians and members of the security forces were killed, which in our opinion happened because of the neglect of the unlawful sale of weapons.
- On 15 February 2013, Dago Ronald Gobay (male, 30 years old) was arrested in Depepre, district of Jayapura by the police and while being interrogated was tortured in the office of police intelligence in Jayapura.
- The attempt by the government and the security forces to forcibly disband a religious ceremony which was being held on the 4th anniversary of National Committee of West Papua (KNPB) on 19 November, 2012 in the STAKIN ASSEMBLY HALL, Sentani, on which occasion the security forces were under the command of the Police Chief of Jayapura, AKBP Roycke Harry Langgie and the deputy of the District Head (Bupati) of the District of Jayapura, Robert Djoenso D, SH.
- The unlawful murder of Mako Musa Tabuni, first chairman of the NKPB on 14 July 2012 in Perumnas, Jayapura.
- The murder of TPN/OPM General Kelly Kwalik by police from Densus 88 and a member of the Indonesian army (TNI) on 16 December 2009 in the town of Timika, and on the same day and month in 2012 another Papuan Hubertus Mabel was murdered by police of Densus 88 in Kuruku, the town of Wamena.
- Ferdinand Pakage was tortured in Abepura Prison by Herbert Toam, a warder at Abepura Prison, on 22 September 2008, as a result of which he was permanently blinded in the right eye.
- The torture and murder of Yawan Wayeni on 13 August 2009 by the police chief in Serui, AKBP Imam Setiawan.
- Two incidents of gross violations of human rights in Wasior in 2001 and in Wamena on 4 April 2003, the latter of which is related to the assault on an ammunitions dump; this incident has been investigated by Komnas HAM (National Commission of Human Rights), but the results of which have not been forwarded by the Attorney General to the Human Rights Court for a verdict.
These are just a few of the cases which are evidence of crimes which have been perpetrated by the Indonesian state and the security forces in a systematic, well-structured, widely-based and prolonged way and which are reflective of the generative politics (paralysis, destructive, eliminating) which, according to Nugroho in his Jakarta Post article of 10 July 2012, have been perpetrated by the Unitary State of the Republic of Indonesia in the Land of Papua for the past fifty years, since 1961.
Bearing in mind all the very disturbing facts given above and the living experiences of the indigenous Papuan people, we church leaders in the Land of Papua, make the following recommendations:
Firstly, the Indonesian Government and the security forces should return to the original aspirations of this country by investigating and putting an end to the unlawful sale of weapons and ammunition which is happening in the Land of Papua.
Secondly, the Indonesian Government should speedily take cognisance of the prophetic messages from the Church, the eleven recommendations of the MRP on 9-10 June 2010 and the Appeal by members of the UN Human Rights Commission at its session 23 May 2012.
Thirdly, we believe that the Indonesian Government is responding in a very discriminatory way to the aspirations of the Papuan people for peaceful dialogue. We therefore press the Indonesian Government to enter unconditionally into a dialogue based on the principle of equality between Indonesia and West Papua, with mediation by a neutral party, which is what happened in the dialogue between GAM (Gerakan Aceh Merdeka – the Aceh Liberation Movement) in Aceh.
Fourthly, the Indonesian Government should unconditionally release all political prisoners in Papua and should allow a visit to Papua by the Special Rapporteur of the United Nations, as well as by foreign journalists and human rights defenders. And it should forthwith end all its efforts to criminalise the political struggle of the Papuan people for self-determination.
Fifthly, the shooting to death of members of the TNI as well as civilians which occurred in the district of Sinak, Puncak Jaya and in the district of Tingginambut, Puncak Jaya on 21 February 2013 should be regarded as a separate incident. It was in no way connected to the election of the bupati (district chief) of the district of Puncak. This violent incident is part and parcel of state policy to build the necessary infrastructure for the TNI and Polri (the police) in the mountainous interior in order to establish the Puncak Jaya 1714 military command, to increase the budget for the security forces and to criminalise the peaceful struggle of the Papuan people at the international level.
Sixthly, the Chief of Police in Papua, Inspector-General (pol) Drs M Tito Karnavian, MA, has failed to investigate who it was who perpetrated acts of violence in the Land of Papua and has created the impression that he is allowing the illegal sale of weapons to go ahead. We urge the chief of police in Papua to implement the statement made by the chief of police, Inspector-General Bekto Suprapto in December 2010 that those who are responsible for the entry into West Papua of illegal weapons will be investigated.
Seventhly. we call on all Papuan communities and all components in society to study the laws in force regarding the TNI and Polri, in order to be able to control criminal actions as well as the policy of the Indonesian government and security forces in the Land of Papua.
Port Numbay (Jayapura), 6 March 2013
Chairman of the Synod of KINGMI Church, Papua:
The Rev. Dr Benny Giay.
Chairman of the Executive Board of the Alliances of Baptist Churches in Papua:
Socratez Sofyan Yoman
End of translation by TAPOL
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Response to Prosecutor’s exception in trial of KNPB TImika six
Apologies for the delay in translation and posting.

Head KNPB Timika Region, Steven Itlay
On Thursday 28th Feburary 2013 at 11.oo o’clock Papuan time the third session of responses to the Public Prosecutor was held regarding the Legal Council’s Letter of Exception from the 14th February 2013.
In the Letter of Exception, concerning the indictment read by the Legal Council, there was the following:
1. 1. Procedures were undertaken without compliance to regulations set out by KUHAP (the law code of criminal procedure), with the consequence that the investigation conducted with the publication of the Prosecution’s Indictment Letter is invalid.
2. The indictment letter by the brother of the Public Prosecutor isn’t accurate, isn’t clear and doesn’t comprehensively state the charges against the defendant.
3. The actions of the defendants can be categorised as criminal offences intended in the first indictment:
- Article 2, Paragraph (1) Emergency Act 12 (1951)
- Article 55, Paragraph (1) The first KUHAP and/or the second indictment
- Article 106, KUHP (Indonesian Criminal Code)
- Article 55, Paragraph 1 (the first)
4. It states the process of the investigation into the defendant is flawed.
5. It states the letter of indictment is not clear, accurate or complete.
6. It states the criminal actions of the defendant are not in fact criminal actions as included in the Indictment: Article 2 paragraph (1) Emergency Law 12, 1951. Article 55 paragraph (1) the Criminal Code (KUHP) and/or Indictment 2 : Article 106 Criminal Code (KUHP). Article 55 paragraph (1) Ke-1
7. It states ‘null and void’ or at the very least, cannot receive the indictment letter by the Public Prosecutor numbered Reg.PDM-02/TMK/Ep.2/01/2013 from the 17th January 2013.
8. Releasing the defendant of all charges and lawsuits.
9. Freeing the defendant from custody and reinstating the defendant’s good name. But, the Public Prosecutor’s brother is Andita.
Riskianto, SH rejected the Exception Letter by the Legal Counsel and requested that the Timika District Court have the power to investigate and prosecute this case. A further hearing will be held on Thursday 7th March, 2013.
Meanwhile, Legal Counsel Ivonia Tecjuri told reporters and family that the exception wouldn’t be changed. “We’re keeping the original exception,” she said.

Steven Itlay being led to caught by armed police (photo: KNPBNews.com)

Indonesian police have show of force in treason trial (Photo: KNPBNews.com)

Legal Counsel, Ms. Ivonia Tecjuari, SH memberika press conference after the hearing (Photo: KNPBNews.com)
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Amnesty: Two men detained, feared tortured in Papua
UA: 48/13 Index: ASA 21/005/2013 Indonesia
22 February 2013
AMNESTY INTERNATIONAL URGENT ACTION
Two Indonesian men now arbitrarily detained in Jayapura, Papua province, are believed to have been tortured or otherwise ill-treated by police.
Daniel Gobay and Matan Klembiap are currently detained at the Jayapura district police station in Papua province. Police officers allegedly tortured or other otherwise ill-treated them and five other men while interrogating them about the whereabouts of two pro-independence activists. They have not received medical treatment and they have not had access to a lawyer since their arrest.
According to credible sources, plainclothes police officers arbitrarily arrested Daniel Gobay and two other men on the morning of 15 February 2013 in Depapre, Papua province. The three men were first forced to crawl on their stomachs to the Depapre sub-district police station approximately 30 metres away and then moved to the Jayapura district police station an hour later. There they were then forced to
strip, were kicked in the face, head and back, and beaten with rattan sticks. Police officers allegedly pressed the barrels of their guns to their heads, mouth and ears. They were interrogated until late at night and in the morning of the following day.
Matan Klembiap and three other men were arbitrarily arrested separately by plainclothes police officers on the morning of 15 February in Depapre and taken to the Jayapura district police station.
The four men were also forced to strip and were kicked and beaten with rattan sticks and wooden blocks by police officers. One of the men has testified on video that police gave him electric shocks.
On 16 February, five of the men were released without charge but Daniel Gobay and Matan Klembiap remain in police custody and are reportedly to be charged with “possession of a sharp weapon” under the Emergency Regulation 12/1951.
Amnesty International has asked that readers “Please write immediately in English, Indonesian or your own language calling on authorities in Indonesia” to take the following urgent action:
- To ensure that Daniel Gobay and Matan Klembiap are not tortured or otherwise ill-treated;
- To ensure that the two men have access to medical treatment, and to lawyers of their choosing; and
- To immediately order an effective and independent investigation into the allegations of torture and other ill-treatment of the seven men by police officers. Suspected criminal offences involving human rights violations must be dealt with through the criminal justice system, rather than only internally and as disciplinary breaches to ensure that all those responsible for torture and other ill-treatment, including persons with chain of command responsibility, are brought to justice in fair trials, and that victims are provided reparations. Particular attention must be paid to the protection of victims, witnesses and their families.
Amnesty International
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What Kind of Solidarity for West Papua? A response to Martin Pelcher’s article ‘Fear, Grief and Hope in Occupied West Papua’
What Kind of Solidarity for West Papua? A response to Martin Pelcher’s article ‘Fear, Grief and Hope in Occupied West Papua’
by Jason MacLeod
DISCUSSION PAPER
In a recent article, ‘Fear, Grief and Hope in Occupied West Papua’, author activist Martin Pelcher issued a thought provoking challenge to international advocates working in solidarity with West Papuans. Pelcher, who is predominately speaking to ‘White’, ‘Western’ activists, argues that a recent surge in state violence against Komite Nasional Papua Barat (KNPB – the West Papua National Committee) is cause for re-evaluating international solidarity for West Papua. Pelcher wonders whether Western support for Papuan freedom might be counter-productive. While there is much in Pelcher’s article that I agree with I think Pelcher lets Western solidarity activists – and by extension governments and transnational corporations who support the Indonesian government’s continued occupation of West Papua – off too lightly. Reflexivity is essential but we need to ensure that Western activists do not avoid responsibility for challenging the way Western governments and corporations fuel violence and exploitation in West Papua. Solidarity activists can take comfort in the fact that a broad spectrum of Papuans[1] are also asking for international support in ways that respect and strengthen their own agency.
Pelcher’s piece is an invitation to dialogue. It has already generated much conversation. The call to make that conversation more public, or visible amongst growing international solidarity networks, has been picked up by the West Papua Advocacy Team in the United States and also by the Faith Based Network for West Papua who encouraged people to respond to Pelcher’s article. This piece is a response to that invitation and written with the desire to continue the conversation.
Pelcher’s original argument
Western support for a free West Papua taps into deeply embedded Indonesian narratives of western imperialism. Pelcher writes that this is not just lingering nationalist hurt over the loss of East Timor. Even progressive Indonesian activists support West Papua’s continued integration into Indonesia. Notice, for example, Indonesian Friends of the Earth’s (WALHI) recent failure to publicly support their representative in West Papua, Fanny Kogoya when she was forced into hiding because of her links to KNPB. Indonesian citizen support for the occupation is a tremendous source of power for the state that helps the state maintain and justify military aggression.
Although attacks on KNPB have received more coverage – in what is still a grossly under-reported struggle – other groups also continue to be targeted by the state. Papuan political prisoners in jail represent both highlanders and islanders and a broad diversity of political groups. Political organisations aside from KNPB who also pursue independence include the Federal Republic of West Papua, West Papua National Authority, AMP (Aliansa Masyarakat Papua), AMP-PT (Aliansa Masyarakat Papua – Pegunungan Tengah), DEMAK (Dewan Masyarakat Koteka), Sonamapa (Solidaritas Nasional Mahasiswa Papua Barat), FNMPP (Front Nasional Mahasiswa Pemuda Papua Barat), West Papua National Youth Awarenesss Team (Westpanyat), AMAK (Aliansa Masyarakat Anti-Kekerasan), ParJal (Parlamen Jalanan), Garda and others. Activists in other parts of the country like Fak-Fak, Manokwari, Yapen, Merauke and elsewhere have also been hit by the repressive force of the Indonesian state. Even groups that eschew an overt political agenda, preferring to expand the contours of freedom through campaigning for basic rights, are routinely harassed by the state. They include civil society groups like Elsham Papua, Dewan Adat Papua, Bersatu untuk Keadilan, Foker LSM, Jubi, Kontras, the churches and others. Some human rights defenders have had to periodically relocate themselves and their families to Jakarta to protect themselves from intimidation and threats.
Papuans also consider the TPN-PB (Tentara Pembebasan Nasional – Papua Barat), or National West Papuan Liberation Army – which consists of a decentralised network of groups based around attachment to clan, tribe, and geographic area – an important part of resistance to the Indonesian state. But in terms of numbers, activities and effectiveness the TPN-PB are marginal players. Members of the armed struggle are routinely co-opted by the state to further the Indonesian security services own aims, whether that is about protecting vested private business interests – mostly in logging, mining and extortion – or pursuing national security objectives designed to weaken and destroy the Papuan independence movement.
The random and brutal nature repression by the Indonesian state means that citizens not actively involved in the freedom movement routinely become victims of state violence. In his article Pelcher focuses on KNPB but alludes to the fact that the whole of Papuan society is caught up in the same repressive net. Papuans live with this foreboding sense that they, their family members or their friends could be targeted at any time.
In seeking to explain the state repression in West Papua Pelcher reminds us that the Indonesian nation was formed and defended in the context of a long, and relatively recent, anti-imperialist struggle against the Dutch. Nearly two decades after Indonesian nationalists declared independence in 1945 Sukarno launched a military invasion to wrest back control of what he called the “Dutch Puppet State”. For this reason, as well as for the fact that West Papua’s inclusion into the Indonesian archipelago reinforces a multi-ethnic, multi-religious Indonesian identity, West Papua’s inclusion in the Unitary Republic of Indonesia is a source of tremendous pride for the overwhelming majority of Indonesians, including left wing activists. This view is deeply entrenched. The fact that the Indonesian political elite also gained control of bountiful supply of valuable natural resources was simply icing on the cake. Western narratives of Papuans nonviolently fighting for democracy, rights and national liberation against a brutal military occupation are rendered immediately suspect, tapping into what many Indonesians believe is a ‘hidden agenda’ by the West. The narrative of a Papuan led anti-colonial resistance struggle does not easily fit with the dominant Indonesian view that they liberated Papua. Instead sympathetic Western portrayals of the Papuan struggle are re-cast and attached to ulterior motives. Pelcher:
Western support for East Timorese independence – and signs of such support being extended to West Papua – have been easy to frame [by the Indonesian press] as vehicles for the West’s neo-imperial manipulation and pursuit of the region’s abundant mineral and petroleum resources. The more Western advocates succeed in focusing global attention on the plight of Papuans under Indonesian rule, the more the Indonesian security establishment can deploy the spectre of a “foreign intervention” (like the UN’s intervention in East Timor) to mobilize Indonesian public opinion behind its harsh policing measures.
One of the reasons why Pelcher’s article is so challenging is that he writes to us as an insider, as a fellow solidarity activist, who is searching his conscience for answers to the question ‘what to do?’, and in doing so prompting us to search our own conscience. And it is not as if the issues he raises have gone away. Since Pelcher wrote the article attacks against KNPB have gotten worse. The Indonesian state has all but “declared war” on the pro-independence civilian based organisation. At the time of writing 22 leaders had been summarily executed by the security forces. Scores have been arrested. Much of the leadership has been driven underground and into exile … but KNPB maintains it’s politically defiance stance. The group’s leader, Victor Yeimo continues to insist that KNPB is committed to resolute nonviolent resistance and will not back down from its call for a referendum.
So what should international advocates do? Pelcher has more questions than answers. He acknowledges that Western advocates are increasingly putting Papuan human rights on the international community’s agenda. Pelcher also recognises the work of Papuan human rights defenders and their allies in Jakarta who have raised questions about the Indonesian security forces use of summary justice instead of legal means to investigate acts of violence. However, the dominant story in the Indonesian media supports a police narrative that pins “the blame on the student activists of KNPB as well as the wider network of underground Papuan nationalist resistance.” The central question Pelcher raises in his article is how can international advocates generate global solidarity against injustice in West Papua without strengthening the state’s pretext for terror?
Papuans are the drivers of the struggle
I agree with Pelcher that Papuans are the drivers of the struggle. The more Papuans rise up and collectively and nonviolently resist the occupation the more the legitimacy of the Indonesian government’s continued aggression in West Papua is strained; the more likely more people outside Papua will stand in solidarity with them, and the more effective that solidarity is likely to be. Papuans are the primary architects of their own liberation. While external solidarity is important it will always be secondary to movements for change inside the country. We need critical reflection about the role of external solidarity. As well as reinforcing the way the security forces frame Papuan resistance as a foreign led plot, at times international solidarity action has tended to tap into unrealistic Papuan beliefs about the willingness and ability of the international community to assist Papuan freedom goals. Although solidarity in other parts of Indonesia and international solidarity outside Papua is necessary to support Papuan freedom goals, by itself it will never be sufficient. We need solidarity that is respectful; solidarity that strengthens collective action that is led by Papuans. We need less solidarity action and rhetoric that fosters dependency, passivity and false hopes that outsiders will save the Papuans. They cannot. They will not. As Benny Giay, the moderator of the Papuan church once said, “Papuans are the captains of their own lives.”
South-South solidarity
Pelcher is not arguing against solidarity; he is asking what kind of solidarity might be most useful to the Papuan’s struggle for freedom. Some solutions are implicit in his article, others Pelcher is more forthright about. In particular, Pelcher calls for more “south-south” solidarity as a necessary corrective to White Western perspectives.
Two types of South-South solidarity are particularly important. The first is solidarity from Pacific Island countries, particularly the Melanesian countries. Why should other states worry about what is happening in West Papua when Pacific Island countries in general, including Australia and New Zealand, and the Melanesian nations in particular, say and do little to support West Papua? The voice of Melanesian citizens and governments are essential to mobilizing greater international support. If the Papuans continue to push for an independent state they will need the support of other states but that goal, if it eventuates, is a long way off. Independence is even less likely without the active support of the Melanesian Spearhead Group (Papua New Guinea, Vanuatu, Solomon Islands and Fiji).
Secondly, there is much valuable learning that can happen between Papuans and other peoples who are resisting occupations and struggling for self-determination. Recently I had the privilege of witnessing a learning exchange between West Papuans and Burmese who shared notes about how to work nonviolently for democracy, rights and liberation in a repressive context. Papuans have learnt much from their colleagues in East Timor and Aceh. Imagine if there were more venues where focused learning could take place. Spaces where West Papuans could meet with people from other self-determination struggles who have successfully enlarged the contours of freedom: East Timorese, South Sudanese and Kosovars. Imagine too if Papuans could exchange strategies and tactics with people who are still struggling for self-determination: Palestinians, Tibetans, Saharawi’s from Western Sahara, Nagas, Kanaks (people from the French colony of New Caledonia), people from Mahoi Nui (Tahiti and French Polynesia), Bougainvillians, the Kurds and other indigenous peoples caught in the grip of the state.
Solidarity between Papuans and Indonesians
I also agree with Pelcher that solidarity with progressive Indonesians is also essential. This is something that both Papuans and their transnational allies could cultivate more. People like Budi Hernawan, Andreas Harsono and Eko Waluyo are providing leadership here. They hold out a challenge to other Indonesians who care about democracy, human rights, and social and environmental justice.
There is a strategic paradox to wrestle with here. Many Papuans opposes the Indonesian state but they also need the support of ordinary Indonesians to secure greater freedom. This is because Jakarta depends less on Papuans to maintain the occupation than on sustaining domestic support for an Indonesian state that includes West Papua at all costs. In brief, Papuans need Indonesian allies. However, when Papuans exclusively appeal to indigenous identity and Christianity, frame their grievances around historical injustices, and communicate their aspirations in ways that emphasise independence, they unwittingly limit their ability to mobilize support from other Indonesians who are overwhelmingly nationalist and Muslim. As a result, Papuans reduce their chances of winning over a key influence on the Indonesian government: the Indonesian people.
This highlights the conundrum for Papuan activists. There is a perception that working for intermediate objectives means selling out the long-term goal of independence. Yet to build Indonesian support for greater political freedom in West Papua and to put pressure on the Jakarta government requires framing campaigns around intermediate objectives like: freedom of expression; open access to West Papua for journalists, diplomats, NGOs, tourists, and others; democracy; environmental protection; corruption; sustainable development; economic justice, civil rights, universal access to education and health services; accountable government; and human rights. This does not mean giving up on larger goals like independence. As one senior Papuan leader recently said to me: “the struggle for basic rights is not the enemy of independence”. It means taking a longer view about building political power.
Campaigns for more limited strategic objectives can simultaneously strengthen Indonesian democracy and build Papuans’ international reputation—developments that will leave Papuans in a better position to realize larger aspirations. This is a strategic challenge. Papuans need to use collective action frames that resonate with different audiences at different times, define intermediate demands, and time mobilization to achieve short-term objectives, but in ways that leave the movement in a stronger position to achieve their ultimate goal: full political freedom.
In this way a new Papua gets built on an inclusive vision and a deeper articulation of the multiple meanings of merdeka (freedom). People like John Rumbiak and Benny Giay urge that this vision needs to include not only diverse Papuan tribes, but also Indonesian migrants, another source of the Indonesian government’s power in West Papua. Mobilization through an exclusive Papuan identity and through a single focused demand for independence framed exclusively in opposition to Indonesia will create a fragile unity, perhaps liable to break down under stress and less capable of carrying through an agenda for democratic transformation.
Non-partisanship
There are other areas where Pelcher and I agree, particularly his implicit argument for solidarity that is non-partisanship. It is clear from his article that Pelcher is close to the radical highland independence youth movement, KNPB. This is a group that I also sympathise with. However, Pelcher does not exclusively take sides. He also writes about the leadership of the Federal Republic of West Papua currently imprisoned for determined, unapologetic and nonviolent acts of insurrection. Pelcher articulates the challenges the movement for freedom in West Papua poses not only to the Indonesian state but also to transnational capital in West Papua. We need more activists like Pelcher who can reach out to the different parts of the movement and in doing so make more space for unity from inside the movement and solidarity from outside.
Where we disagree: the paradox of repression
While I agree with Pelcher’s analysis about how Western support for freedom in West Papua can tap into Indonesian suspicion that there is a foreign plot to access West Papua’s resources I disagree with his conclusions. I think Pelcher is mistaken in his understanding of the dynamics of repression. I also think that part of our role as solidarity activists is to continually emphasize that the struggle is being led by Papuans and that role of outsiders is to support their efforts and amplify their voices. I don’t think that solidarity by Westerns is the cause of repression, even though the state will use whatever means they can to justify their repression.
One of the reasons why the Indonesian government is employing repression against KNPB and other resistance groups – including sanctioning extrajudicial killing – is because they fear the growing power of organised nonviolent resistance against the state. Kopassus’ (the Indonesian Special Forces) own intelligence analysis of the Papuan freedom movement, leaked by Alan Nairn and the West Papua Project from the University of Sydney, reveals that the armed struggle is not a threat because they ‘hardly do anything’.
One of the reasons the armed struggle does not “do anything” – or rarely engages in military action – is because it is hard to recruit people to join the armed struggle. Guerrilla fighters often live difficult lives isolated in the jungle and mountains. The TPN does also not have a state sponsor, and while it will be extremely difficult for the state to destroy the TPN militarily, the TPN will also never be able to out gun or outnumber the Indonesian military. The use of violence to achieve political goals also favours fit young men and involves high levels of commitment and risk. Few Papuans are willing to risk their lives joining an armed struggle that has little prospect of success.
According to the Indonesian military nonviolent resistance is “much more dangerous” because they have “reached the outside world’’ with their ‘obsession’ with ‘merdeka’ (the independence/ freedom struggle) and persist in “propagating the issue of severe human rights violations in Papua,’ i.e. ‘murders and abductions that are done by the security forces.’’
Stopping Papuans who are organising to win freedom is easier if the movement uses violence or if the Indonesian government can convince outsiders that Papuans are engaged in armed struggle. If Papuans respond – or are seen to be responding – with violent action the Indonesian government will be able to frame their actions as terrorism and threats to national sovereignty. This allows the Indonesian government to justify their use of violence against the movement. Action that physically harms others or threatens other people reduces support from third parties. Even if third parties are sympathetic to the goals of the movement the majority of people will question the legitimacy of using violence who tend to view armed movements as extremists. Innocent villagers from the rural areas are particularly vulnerable to disproportionate violent retaliation by the security forces because few journalists, church workers and human rights groups are present and able to hold the security forces accountable through human rights reportage.
The purpose of state violence is to inflict pain but to do so in ways that lessen the likelihood that repression will generate moral outrage and consequently, more political mobilisation. The Indonesian government wants to stop people coming together to press for rights and freedom and they are prepared to use any means necessary. In one sense, therefore repression – if it occurs when the movement is growing in numbers and power – can be interpreted as success; that the opponent recognises the growing strength of the movement.
There is no guarantee of success for any liberation movement. But using nonviolent action increases the likelihood of success and provides more opportunities for large numbers of people to participate in the struggle. The consistent use of disciplined and collective mass nonviolent action over time will is more likely to prompt ordinary Indonesians to question the occupation and even divide their loyalties. That is why nonviolent discipline is so important. The Papuan freedom movement needs to encourage ordinary Indonesians to question what their government is doing. It also needs to carry out actions that encourage and enable more support from domestic and international third parties.
If the Indonesian state continues to use violent repression against Papuans, which it is doing at the moment and is likely to continue to do, the Papuan freedom movement needs to be prepared. The evidence from studies of liberation movements around the world, including from places where repression is more severe than in West Papua, shows that repression can backfire. The most important thing that helps make repression backfire is that repression becomes visible to outside audience and gets interpreted as an injustice in ways that promote moral outrage. Solidarity activists, working in cooperation with Papuan activists, have a big role to play with this. Inviting outsiders like PBI, diplomats, journalists and others to witness and report on both state violence and nonviolent resistance can also help.
There are a range of other things movements can do. Tactically they can emphasise actions that are low risk and high participation. Movements can also build decentralized network structures coordinated by a shared vision, shared goal and a shared strategy. These kinds of structures are more resilient than hierarchical structures because they encourage collective leadership, support tactical innovation and help protect more visible leaders who may be targeted by the state.
People inside and outside West Papua need to raise the political and economic costs of the Indonesian government not negotiating with the Papuan freedom movement. Make no mistake – we need militancy, but militancy of a determined, disciplined nonviolent kind. Papuans are already acting in this way. We need more outsiders to get behind them. One of the reasons the Indonesian government has not engaged in dialogue is because it is not worth them investing political capital in doing so. In other words the conflict in West Papua has not become enough of a problem for them, both domestically and internationally. The conflict has to become more costly economically for transnational capital in West Papua. Papuan activists and the solidarity movement need to use nonviolent methods to compel the Indonesian and foreign governments, and transnational capital to sit at the table in ways that take control of how the struggle is portrayed. We need to understand that the role of repression is to stop Papuans demanding freedom and rights. We need to find ways to continue to support Papuans who live with the tension between the risk of making change and keeping safe. But we also need to be realistic; there is no path in life that does not involve suffering. That is particularly true for those committed to struggling for liberation in the midst of the Indonesian government’s occupation of West Papua. To a much lesser extent that is true for solidarity activists. We need more people like Pelcher who travel inside Papua, get close to Papuan activists struggling for freedom, and provide practical support and moral solidarity to unarmed resistance at some risk to themselves.
Waging the struggle in three domains
It is foreign governments that help supply the Indonesian military and police with arms. It is the Australian and U.S governments that train and arm Detachment 88, the counter intelligence police force that has no qualms about using extra-judicial killing as a form of conflict management. It is unchecked transnational companies that are fueling conflict in West Papua.
In situations where one’s own government supports the Indonesian’s government’s occupation of West Papua the role of solidarity activists is fourfold: first, to nonviolently resist our own government’s support of Indonesian state violence; second, to find ways to support nonviolent resistance in West Papua; third, to make both the human rights violations by the Indonesian state and the nonviolent resistance by the Papuans more visible and more audible; and fourth, to communicate both these to ever expanding audiences who can mobilise on behalf of the Papuans.
I think solidarity activists, including Western activists, need to be more active not less. My own view is that the job of international solidarity activists is to work in collaboration with Papuans to raise the political and economic costs of the Indonesian government’s occupation. And because the Indonesian government depends on support of ordinary Indonesians, foreign governments and transnational capital as well as West Papuans to maintain the occupation we need a stronger movement that wages nonviolent conflict inside West Papua, inside Indonesia and in the societies of the Indonesian government’s international allies. When it comes to West Papua, people inside and out need to generate more conflict, not less. We then need to find nonviolent ways to resolve that conflict that support justice and peace. That does not equate with supporting or being involved with political violence.
What kind of international solidarity for West Papua?
So what kind of international solidarity is needed for West Papua? I think those of us in Western countries that have been ‘armed’ with wealth and opportunity need to use our privilege ethically. Elites in countries like the Netherlands, the U.S and Australia created the problem in West Papua. These countries continue to benefit politically and economically from the situation. That creates a moral imperative for Australians, Dutch, German’s, English, Irish, Scots, U.S citizens and others to act in solidarity with the Papuans. We need to care just as much about decolonization and liberation as Papuans do.
I want to suggest seven things international Western solidarity activists can do.
Firstly, we need to be committed to supporting the struggle through nonviolent means, not just for moral reasons, but primarily because nonviolent resistance is more effective. It allows more people to participate in the struggle, it is more likely to win over uncommitted third parties and it is more likely to blunt the political effectiveness of the Indonesian government’s use of violence to repress the movement.
Secondly, we need more people like Pelcher who visit West Papua. West Papua is isolated internationally. Personal face to face relationships help deepen people’s commitment to accompanying Papuans in their struggle for peace and justice, sensitise them to the issues and provide the means for getting information out. Quantitatively more ties between Papuans and sources of outside support and qualitatively stronger relationships between Papuans, Indonesians and outsiders that are orientated towards respectfully assisting Papuan goals help maximize the likelihood that Papuans will realize their desire for freedom.
Thirdly, and related to the second point, we need more people who learn Indonesian. While many Papuan activists are doing their bit to break down West Papua’s isolation by learning English we also need more people who take the time to learn Indonesian and make long-term commitments to the struggle. Again Pelcher is an inspiration in this regard.
Fourthly, if and when we are invited by Papuans to do so, we can provide technical support to assist nonviolent struggle. Building a strong and secure communications network and increasing strategic capacity is particularly critical.
Fifthly, we need to target the Indonesian government’s external sources of power located in our own countries of origin. We need more U.S’ers to target the way their government and the way Freeport exports terror and exploits West Papua. We need others to target other corporations like BP, Rio-Tinto and logging companies who exploit West Papuan resources and foster economic and environmental injustice. We need more citizens to challenge and disrupt their own government’s willingness to arm and train the Indonesian military and police.
Sixthly, and lastly, we need to build relationships with and collaborate with progressive Indonesian activists and support and work with Papuan activists to do the same. Indonesia will never be a free and equitable society while West Papuans are denied their right to decide their future; while they live in poverty, while their resources are plundered, while foreign journalists are locked out, while political prisoners continue to languish in jail, while the Indonesian security forces continue to use torture with impunity, and while Papuans are denied the right to free speech.
Seventh, Pelcher makes the point powerfully that we all – Papuans, Indonesians and international allies – need to find ways to recast the story that the struggle in Papua is violent and foreign led and that solidarity with West Papua is anti-Indonesian and imperialist. That story is false. It serves vested corporate and military interests, both in Indonesia and in the offices of governments and boardrooms of transnational corporations. We need new memes that recast the story. The struggle in West Papua is a nonviolent anti-occupation struggle for justice, human rights and democracy. West Papua is Indonesia’s Palestine.
West Papua needs more friends and more solidarity from the West, not less. We especially need to continue with the solidarity when the Indonesian government uses ruthless repression in an attempt to silence the Papuan movement for freedom.
I want to leave the last word on solidarity to KNPB chair, Viktor Yeimo. Recently arrested for leading a nonviolent action in West Papua, Yeimo issued a clear invitation to solidarity. Paraphrasing Ché Guevara Yeimo wrote: “when your heart trembles at oppression you are a friend of ours”.
In the spirit of Yeimo’s request may Papuans find that the numbers and commitment of their friends growing daily.
[1] This includes religious leaders, traditional leaders, women, students, academics, NGO activists, human rights defenders as well as members of resistance groups. Notable exceptions like Franzalbert Joku and Nick Messett, who actively support the Indonesian government’s position, notwithstanding.
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Arrests in Mantembu, Yapen ahead of major demonstrations
West Papua Media
January 16, 2013
Local human rights and independent media sources have reported that an Indonesian Army (TNI) unit has arrested seven non-violent activists in Serui on January 16, ahead of major planned demonstrations.
The raid on the heavily targeted village of Mantembu, on Yapen Island, was carried out at 0830 am local time by Kostrad Unit of Indonesian Army led by Corporal Gidion Karubaba, arrested the seven for allegedly “supporting Papuan independence”, according to local human rights sources.
The names of the arrestees are:
1. Yohan Ayum,
2. Lamkiur Ayum,
3.Penina Pangkurei,
4. Oki Warkawani,
5. Mambiwa Wandamani,
6. Simeon Ayum,
7. Isak Warkawani.
No information was received if those arrested were subjected to mistreatment during their arrest, however Mantembu has been long targeted with extreme brutality by Indonesian security forces seeking to quell pro-independence sentiment. Regular raids and house burnings are arbitrary conducted, and the village has seen one of the highest rates of oppression of any single village in Papua.
The ex-political prisoner Yawan Wayeni, who was disembowelled, taunted and left to die whilst being filmed by Brimbob paramilitary police in Mantembu in 2009, has his death seen by the world on a Youtube video that galvanised awareness of the systemic brutality of the Indonesian occupation forces.
The arrests came the day before large demonstrations for Papuan basic rights were to be held on January 17 in Yapen and Manokwari, organised by activists from the Federated Republic of West Papua alternative government.
Westpapuamedia
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Indonesia cannot kill our spirit for freedom: West Papuan leader
21 October 2012
Alex Rayfield
West Papuan independence organisation, the West Papua National Committee (known by its Indonesian acronym KNPB) continues to defy the Indonesian security after a series of arrests and attacks on the group in Wamena, Timika and Jayapura.
Speaking from a safe house KNPB Chairman, Viktor Yeimo told West Papua Media that the police were vigorously repressing the group’s right to freedom to organise and right to nonviolently express their political opinion.
“I am in hiding but I have to try and keep organizing. KNPB have plans for peaceful demonstrations in Sorong, Manokwari and Jayapura. The police won’t allow us to make a peaceful action but we will still have a peaceful action.”
Early on Friday morning officers from the Indonesian police and Australian and U.S aided counter-terrorist group Detachment 88 raided KNPB’s Timika headquarters. Four Papuans, Steven Itlay, Chairman of the Timika region, Romario Yatipai, vice-president of KNPB’s parallel parliamentary structure the West Papua National Parliament, Marten Kalolik, and Denias Tekege were arrested. Laptops and cameras were also seized. The arrests in Timika follow raids and arrests of ten activists in Wamena, raids on villages and an attack on a student dormitory in Jayapura last Tuesday. Some of those arrested are teenagers. Others like Simson, a student activist from Jayapura were beaten by the police to extract information.
Virtually the entire KNPB leadership has now gone underground. In addition to Viktor Yeimo, Fanny Kogoya, ex-member of the KNPB central committee who resigned from KNPB after being elected Director of the Papua Desk of Friends of the Earth Indonesia, and Simeon Dabi chairman of the Wamena branch of KNPB are all on the run. Their faces are pasted in the streets of Wamena and Jayapura under the ominous heading, “Daftar Pencarian Orang”, the list of wanted persons. In Fanny Kogoya’s case her only ‘crime’ is that she was a close friend of Mako Tabuni, the KNPB activist killed by Detachment 88 in June.
Indonesian police accuse KNPB of being behind a series of shootings and bombings in West Papua that have rocked the country in recent months. It is an allegation that Yeimo vigorously denies.
“All this evidence is planted so they can justify their attacks. We never had any plan or any program to make acts of terror. We are not a military movement. If we were a military movement we would be the TPN (West Papua National Army) but we are a civilian movement. The Indonesians fear our movement, they want to make a public opinion that we are terrorists so they can kill us.”
Yeimo pauses.
“But they won’t succeed” he tells me quietly. “Indonesia won’t success to stop our movements for the right. Indonesia cannot kill our spirit for freedom.”
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Indonesian special forces hunt West Papuan environmentalist
By Nick Chesterfield, with local sources
West Papua Media
October 20, 2012
SPECIAL INVESTIGATION
Indonesian Special Forces officers have redoubled their efforts to hunt down non-violent womens’ and environmental rights activist Fanny Kogoya, after a failed attempt to capture her and Papuan student activists from the West Papua National Committee at a university dormitory on Tuesday night.
Fanny Kogoya was also elected the head of the Papua desk for the Indonesian branch of Friends of the Earth (WAHLI) on June 13, the day before her close friend Mako Tabuni, former KNPB leader,was extrajudicially executed by Detachment 88 troops in Jayapura.
Kogoya, also a women’s rights defender from the grassroots Papuan women’s network TIKI, has been been placed on a Papua wide wanted persons list (Daftar Pencarian Orang or DPO) by the Australian-trained and funded Detachment 88 anti-terror investigators. This is despite Kogoya having resigned from pro-independence activities, according to established credible sources in Jayapura. Kogoya is also accused by police of having knowledge of the whereabouts of activists from the pro-independence civil resistance group, West Papua National Committee (KNPB).
KNPB activists are in hiding after being ruthlessly hunted by security forces, in order to break the back of the civil resistance movement against Indonesian brutality in occupied West Papua. This harassment campaign has gained significant pace ahead of planned Papua-wide mobilisations against Indonesian colonial violence on October 23 – rallies widely expected to be subject to major Indonesian state violence.
The latest crackdown has seen brutal intelligence gathering techniques employed by security forces, including officers identified by witnesses as being from Detachment 88, arbitrarily targeting for beatings, kidnappings, arrests and torture on students and civilians from the highland tribes of Yakuhimo and Dani people – seen by many observers as the backbone of the KNPB effort to use civil power to defeat Indonesian state violence.
Confirmed reports from human rights activists in Jayapura have described heavily armed plain clothes officers – believed by witnesses to be members of either Kopassus or Detachment 88 – violently threatening highland students and civilians in a bid to hunt down members and associates of the KNPB.
Raids on student accommodation around Abepura and Jayapura have intensified ahead of a planned mass mobilisation across Papua on October 23rd by KNPB, which is calling for an end to these illustrated acts of Indonesian state violence – a move seen as makar (subversion) by the new Papua Police chief Tito Karnavian , the former head of the Australian- funded Detachment 88.
Attempts to contact Karnavian or his Papua Police spokespeople for comment for this article have been so far rebuffed and unsuccessful.
Additionally, witnesses and survivors have described a chronology of what is being described as a “fishing operation” by Indonesian intelligence officers. Attempts to capture Fanny Kogoya had been ongoing for several days, with police Avanzas permanently stationed outside houses and haunts of both Kogoya and her extended family and friends.
According to a detailed and disturbing testimony provided by Yakuhimo man and citizen media worker Simson Yohame to independent human rights monitors in Jayapura, the officers have heavily monitored highland students in the greater Jayapura area in a bid to isolate KNPB activists from their base.
Yohame, a friend of Kogoya, was himself kidnapped and tortured by suspected Detachment 88 officers on October 9 after accidentally leaving his motorbike helmet at a Javanese restaurant in Waena, near Abepura. He had been tailed for several days by intelligence officers, who suspected his friendship with Fanny would lead them to their quarry.
Upon leaving the restaurant, he was set upon by plain clothes police intelligence agents, whom he believed to be Detachment 88 officers. They bundled him in to the back of a black police Avanza car, whilst soldiers who were stationed outside the Yakuhimo regencies student dormitory at Waena stood guard. An intelligence officer from Makassar hit him repeatedly with a butt of a pistol, and other officers punched him systematically in the chest using a silat (traditional Javanese martial arts favoured by Kopassus) technique that can easily cause cardiac arrest.
He described being taken in a six car high speed convoy, initially to the back of an unknown facility close to the Jayapura police headquarters, before being subjected to psychological torture on a drive around the greater Jayapura area, and was hypnotized to disorientation. Yohame described the brutal interrogations where he was threatened with knives, swords and cocked and loaded firearms by Detachment 88, according to his testimony. Interrogators also subjected him to psyops by playing loud torture music and sound on headphones they held on his head, while they were sticking knives and pistols into his body.
Giving fascinating if chilling insight, Yohame has detailed the processes that Intel attempted to use to turn him to spy on his friend Fanny. He refused eventually, but not before documenting the techniques utilized.
After the torture, the Detachment 88 officers allegedly moved onto “Stage 3” as Yohame described it, a combination of the classic good cop / bad cop routine. “They (intel) began to ask me the core question: ‘Do you know Fanny Kogoya? This picture is FK, FK stay close to you. You do not deny it. If you deny we will kill you.’”
“I asked why are you looking for FK? Intel said to me that ‘because the cases of murder that Mako Tabuni was doing involved FK. FK participated in designing all events Mako and comrades were doing’. Yohame reported the police as saying.
The police continued: ‘FK loves the money Mako and his friends had over the years. FK is the girlfriend of Danny Wenda. Wenda is now the number 1 Papua Police DPO’,” the interrogators said.
The interrogators then changed tactics, offering a payment. “In addition, if you (SY) can inform on where FK is, we will pay you (SY) Rp 10 million for initial operations,”. They demanded the locations of Danny Wenda, the Chairman of KNPB, Victor Yeimo, Tinus Yohame, Buktar Tabuni, Victor Yeimo, Assa Asso, and also fellow Yakuhimo clansmen allegedly involved in KNPB, alternatively offering payment, and threatening to kill him if he denied knowledge of their whereabouts. Yohame was then trained in demonstration and civil resistance disruption and sabotage techniques, and fieldwork techniques employed by intelligence informants.
Yohame described how his tasking had traumatised him greatly, and he refused internally to carry out the actions. After his release having agreed to be an Indonesian agent, he was secretly informing Fanny Kogoya about the massive operation in effect to capture her and warning her to move outside the town to avoid arrest or disappearance.
Fanny Kogoya, who like other civil society activists on the DPO list is constantly moving from house to house, has so far eluded capture due to the diligence of the now underground non-violent independence movement in Papua.
—
For the whole night of October 12, a Cenderawasih University (UNCEN) dormitory in Waena was under siege by a large group of plain clothes armed and masked security forces, who surrounded the dormitories. During the night, the police overran the dormitories in their search for Fanny Kogoya, according to witnesses.
Three students who living at the UNCEN hostel – UL (32), IK (36), and PK (22) – said they had been beaten and terrorized by the police. “Police pry the door and entered. They say ‘we find the DPO who live here,’” the students explained in the human rights report. “They say the name of FK and Danny Wenda (DW).”
The Yakuhimo students at the dormitory were angered by the event, but held a peace blockade outside the gates of the Uncen campus in Waena, independent sources at the campus told West Papua Media. No reports were received of any forced dispersal, however tension is high and all West Papuan students are in fear that that they could be arrested or disappeared at any moment, according to human rights sources.

Yakuhimo students and supporters blockade outside Uncen Waena after the Detachment 88 raids, October 12 (West Papua Media)
These actions came after a campaign of arrests from late September of at least eight people in the highland town of Wamena after police targeted homes and offices of KNPB members, accusing them of involvement in bombings and terrorism, despite KNPB being committed to non-violent civil resistance tactics.
In a statement, UK based human rights group Tapol said that “The targeting of KNPB activists appears to have intensified after the killing of the KNPB leader Mako Tabuni, on 14 June 2012. Officers of Indonesia’s counter-terrorism unit, Special Detachment 88 (Densus 88), funded and trained by Australia, the US and the UK, are thought to have been involved in the killing of Mako Tabuni and the arrest of the KNPB members in Wamena.”
Tapol has called for Indonesian authorities to “end the campaign of terror, intimidation and violence against human rights defenders and political activists, particularly members of KNPB,” and to guarantee the safety of Fanny Kogoya, Viktor Yeimo, and others who have been targeted.
Tapol has also called on Jakarta to “end the deployment of Densus 88 to Papua, investigate all allegations of human rights violations by Densus 88 officers and other security forces personnel and bring those responsible to justice.”
Whilst tension remains high during the crackdown, KNPB activists have also warned their members not to be taken in by SMS messages that are being spread by intelligence personnel attempting to incite violence and horizontal conflict. Activists have circulated a list of mobile numbers that are responsible, and are urging all recipients to document any numbers that continue to spread these messages.
Many people have reported to West Papua Media of an upsurge in Special Forces activity, even around those who are not active on Papuan independence issues. There has been a significant increase on the presence of intelligence officers on the street. Selfius Bobii, the former Front Pepera leader serving out a three sentence at Abepura prison on a treason conviction for his role in the 3rd Papuan People’s Congress of October 2011, still maintains close and effective communications with a network of activists throughout Papua.
In an SMS sent to West Papua Media, Bobii described how the TNI “have stooped to making themselves out to be civilians, to carry out undercover operations in order muffle the independence aspirations.”
“Some are posing as Bakso (Beef offal noodles) Sellers on roadsides, some are posing as motorbike repair people and so on,” Bobii said.
Bobii described the following factual account: On 11 Oct at 2303 hours in Nabire, Yance Agapa was heading home and was given a lift by an ojek (motorbike taxi) rider to the front of the Indonesian Air Force Quarters in front of the ‘Glory’ internet cafe. When they arrived at Malompo he gave the driver Rp20000 (approx. AUD$2) who hurriedly put it into the pocket of the black jacket he was wearing. Then a pistol fell out of his jacket. Yance startled in fright to which the driver responded “Brother don’t be frightened because I’m from Ambon but my mother is from Sentani. I’ll tell you straight, I’m a member of DENSUS 88 sent from Central to get the government program happening. So let our people from the community know to be careful using hire motorbikes. “
West Papua Media has independently verified this account.
KNPB activists, most living underground currently, have expressed significant fears for their safety and survival from the crackdown. Yohame begged in his testimony, “the condition of our current times is so dire, (we need) all my friends and the international support groups to be able to monitor our current situation. Virtually all KNPB activists are threatened at this time. “
It is unclear whether these intensified crackdown tactics will work on those close to DPO suspects to give up not just Fanny Kogoya, but other non-violent activists who are simply attempting to raise their universal human rights of self-determination and freedom of expression.
Certainly these hunting parties have confirmed one thing: that Australian trained counter-terrorism troops are without any doubt being used to suppress peaceful political activity, outside their legal mandate of counter-terrorism. This should be deeply concerning for Australia in its quest for advocating internationally the Rule of Law – and at the moment that it has just taken up a position on the UN Security Council it might prove to be an inconvenient turning of a blind eye.
West Papua Media.
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- TAPOL Urgent Action: Fears for Papuan activists (westpapuamedia.info)
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- Police torture students after brutal attack on Abepura university dormitory (westpapuamedia.info)
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Breaking News: Police in Jayapura forcibly prevent commemoration of 3rd Papuan Congress brutality from going ahead, ban free speech
October 19, 2011
by West Papua Media
(Abepura) Indonesian Brimob Riot Police have forcibly broken up attempts to hold a memorial commemoration at the graveside of slain independence hero Theys Eluay today, where a prayer service was planned in remembrance of the first anniversary of a brutal crackdown by Indonesian security forces on the 3rd Papuan People’s Congress.
Despite the Jayapura police issuing a permit on October 8 allowing a gathering at the sacred cemetery site, the literal touchstone for civil mobilisations in support of Papuan justice issues, police reneged on their agreement with organisers for the memorial prayer service to go ahead.
Up to 1000 people braved a threatening environment in spite of an ongoing crackdown by Indonesian occupation forces across West Papua on organisers of peaceful free expression.
The event had been planned by the National Federated Republic of West Papua, the body set up immediately prior to the violent dispersal by Australian funded Detachment 88 troops on October 19 last year. Prayer services and commemorations were also planned to be held in memorials in Wamena, Merauke, Fakfak, Sorong, Timika, Manokwari, and Serui.
Just before 10 am local time, several hundred heavily armed members of the Indonesian security forces had gathered outside Expo Waena shopping centre adjacent to the gravesite, causing many people to stand back from the already gathered mass. 6 trucks full of Brimob, 4 trucks of Army (TNI), 1 Gegana anti terror police unit and 3 trucks of Dalmas public order riot police (including members of Detachment 88) had deployed in a “show force” manoeuvre. According to witnesses in the crowd, almost 100 plain clothes armed intelligence officers had also deployed throughout the mass of ordinary Papuans around the shopping complex threatening to kill anyone that spoke against Indonesia.
At 10 am, Police issued a verbal warning on megaphones that the gathering was illegal and would be dispersed. However the right to engage is peaceful free expression is guaranteed both under the Indonesian Constitution and the 2001 Special Autonomy law in Papua. Witnesses reported the police commdander on the ground as saying, “we already warned you, there will not be any democratic space for you guys to speak out about the significance of todays commemoration,” relayed over a megaphone immediately prior to the dispersal.
Police have reportedly banned the services from displaying any West Papuan independence attributes or cultural symbols, and have also banned the mention of the word “merdeka” (freedom) or any mention of the NFRWP, demands for independence or referendum – conditions subject to immediate dispersal if broken.
Up to 1000 people has begun to gather at the pendopo (traditional ceremony hut) at the gravesite of Eluay, when police stormed the gravesite in contempt of traditional customs, and forced people to disperse by pushing people heavily with riot shields. Participants then regrouped and began to march down the street adjacent to the cemetery.
Early reports have been unable to confirm if any injuries were sustained. At this stage there have been no reports of live fire being used or casualties.
At last report heated verbal confrontations between organisers and police were occurring, with police being angrily accused of being liars for reneging on their agreement, according to sources on the ground. Committee organiser Pastor Ketty Yabansabra called on participants to stand firm, stay together, and to not disperse until the event was to be closed with a prayer. At time of writing the event is currently ongoing.
No updates have yet been received from other venues at this stage. Significant concerns are held for the service in Serui, who had been threatened with violent dispersal by the head of police on Yapen should strict topics of speech be broken.
More to come – this is a developing story.
West Papua Media
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Australian Senate Estimates: Questions of AFP regarding training of Indonesian military
Transcript
Legal and Constitutional Affairs Legislation Committee – 16/10/2012 – Estimates – ATTORNEY-GENERAL PORTFOLIO – Australian Federal Police
Senator DI NATALE: I have some questions relating to the AFP’s role in the training of counterterrorism operations in Indonesia. On 28 August this year, the ABC’s 7.30 program aired some evidence about the counterterrorism unit Detachment 88, which as I think we discussed in the last estimates hearing, receives training and support from the AFP. The program aired evidence that Detachment 88 has been involved in torture and extrajudicial killings in West Papua. We know that these allegations of torture and ill treatment have also been verified by groups like Human Rights Watch. During the program there was a call from the foreign minister, Bob Carr, in relation to the recent shooting of Papuan independence leader Mako Tabuni for an inquiry. He called for an inquiry. I note the AFP’s response was that it does not investigate received briefings on or ask what I think are fairly basic questions from the Indonesian authorities about human rights abuse allegations. Given that background, I want to ask a few more questions about the training and support provided to detachment 88. I understand that there are hundreds of thousands of security forces in Indonesia and that AFP does not train all of them, but is it correct to say there have been around 12,000 trained in total since the Bali bombings, through the Jakarta Centre for Law Enforcement Cooperation? Would that be about right?
Mr Negus : Senator, those figures are right, but there have been 12 000 officers from, I think, around 55 or 56 countries who have been trained at that facility that make up that 12,000—including Australian federal police. I think Deputy Commissioner Drennan might have the numbers here for us about Detachment 88. The media reporting you talked about, back in August: I put out what we call a ‘blue-line response’ the following day, to correct some of the public speculation in regard to the AFP’s support of Detachment 88. I will let Deputy Commissioner Drennan elaborate on this, but the first two points I just want to make are that the AFP does not provide public order, tactical training, or related equipment to Detachment 88 and the AFP does not, and has not, provided any support to the Indonesian National Police, or Detachment 88, in any of their operational activities in West Papua. Again, on our website there is a very clear statement of what our responsibilities are and what we do.
We have been working with Detachment 88, in one sense, since 2005. There has been a range of things they have done very positively in Indonesia, apartment from the allegations of abuse that you mention. They have been responsible for the arrest of over 770 people for suspected terrorism offences. Around 600 of those have been convicted in the Indonesian courts. And I have got to say, from being in Bali last weekend for the Bali memorial, the work of Detachment 88—and it is a very large organisation—the work of parts of Detachment 88 I have no doubt have saved Australian lives in the context of the work they have done in breaking up JI across the Indonesia archipelago. So, in that regard there is a range of very much positive activities that should be looked at, as well as the issues that you raise of the allegations of abuse and particularly around the West Papua issue. So, the AFP is focused very much on the positives, and we do not get involved in any of the areas that have been reported in the media.
I have got to say, though, the media reporting has been quite loose with some of the factual data in regards to allegations against Detachment 88. I know there have been a range of issues attributed to other forces in Indonesia which Detachment 88 has certainly copped the blame for. I will let Deputy Commissioner Drennan talk about this, because I specifically tasked him in the last month or so to sit down with people who have worked in Indonesia, sit down and look at all of our programs with Detachment 88 to make sure that we were more than comfortable, given the basis of your questioning at the last estimates hearing, to reflect on that and to talk to the people on the ground, to be very, very clear about the role played by the AFP and the sort of support that is given to Detachment 88 in that context. So, Deputy Commissioner.
Mr Drenna n : Thanks, Commissioner. Senator, if I could just go back to the beginning there, where you raised the allegations of Det. 88′s involvement in the death of Mako Tabuni—
Senator DI NATALE: I will correct you on that: the 7.30 program raised the allegation, I was just reporting that.
Mr Drennan : Okay, thank you. The International Crisis Group have actually reported on this incident and they have actually reviewed the matter and their finding was that Det. 88 members were not involved in any way in the operation resulting in Tabuni’s death. The INP have affirmed that that is the position. So, again, as the commissioner said, we just need to be a little bit cautious on what the media say, in some circumstances. The International Crisis Group has reviewed that matter, and I think the International Crisis Group’s reputation speaks for itself in its level of scrutiny and independence. Also, if we could just go to the number of officers who have been trained at the Jakarta Centre for Law Enforcement Cooperation; from the Indonesian National Police there have been 6,932 students. There have been 702 students from Detachment 88, 11 students—
Senator DI NATALE: Sorry, what was that number?
Mr Drennan : 702. Eleven of those members of Det. 88 have been from the Papua province. And there is one member from Det. 88 who is stationed in Papua province, who has attended a course at JCLEC, which has been supported by the AFP, or funded by the AFP, and that was a counter-terrorism investigations program.
The types of courses that other members from Det. 88 from West Papua have undertaken at JCLEC, are CT investigations management, counter-terrorism financial investigation workshop, counter-terrorism investigation management, informer handling and interviewing techniques, investigation management, CT in analysing the internet, interviewing in-prison debriefing course, and CT investigations management course. Now, those courses are held at JCLEC but are provided by a range of donor countries, primarily from Europe and the UK. You will see from those that there are no courses there that are tactically orientated, that is none which deal with public order or any tactical operations the police may be involved in.
As regards to the other types of courses Detachment 88 officers may have attended at JCLEC, they are of a similar nature and I will run through those as it may help you: crime investigations, management of transnational crime, criminal intelligence, financial investigations, proceeds of crime, communications, management, security risk management, response to CBRN, which is chemical, biological radiological and nuclear events, internet offences, child protection and post bomb blast management. Again you will see from that list of courses that there are none there which are tactical in their nature whatsoever. The other thing I would mention there is that the officers who attend from Detachment 88 is a decision by the Indonesian National Police. JCLEC provide the courses, the request goes to the Indonesian National Police to provide officers and they select officers from across the entire INP to attend those different programs.
Senator DI NATALE: Thank you for that comprehensive background there. It is nice to have someone who has answered a lot of the questions before I have had the opportunity to ask them, so I appreciate that.
Mr Drennan : Here to assist you, Senator.
Senator DI NATALE: I have a few questions about background checks. What is actually done in the way of background checks? I take your point that there may be some controversy around the incident with Mako Tabuni but I think it is reasonably well-established that there have been members of Detachment 88 who have been involved in other non-lawful activities. What work is done in the way of background checks prior to the training? I understand that they are selected by the Indonesian forces but is there any work done in the way of background checks to establish that the people we are training have got a track record that we are pleased to support?
Mr Drennan : It is probably best to answer it this way. Firstly, the nature of the courses, as I articulated, is very much focused on investigations, investigations management, forensics and child protection type things. The nature of the allegations which have been raised in the media—and, as I said, I treat them with some caution—
Senator DI NATALE: It is not just the media; Human Rights Watch have also indicated concerns.
Mr Drennan : Again, I treat those with some caution. They are operations of a tactical nature, so when police officers have been involved in a tactical sense of resolution of matters, of arrests. So the actual type of people who have been selected to go on the courses which are conducted at JCLEC which we are supporting are of a different nature to the type of activities that the police would be involved in. As far as are there checks done in regard to the history of each individual officer, the INP select those officers. We do not have any involvement in that. But the INP are also very aware of our position in that we provide these courses for investigations and the nature of the things I described earlier and we rely upon them selecting suitable officers to attend those training programs. Within the training programs themselves, though, there is a human rights element which is built in. Whether that is through the scenario base of the training or whether it is a specific element of the training, it is incorporated in each of those training programs.
Commissioner Negus : I add that that human rights training is to Australian standards. We have the commandant of JCLEC, which is a joint facility between the INP and the AFP, and we insist on the training in those things being done to international standards, including what we here in Australia commit to as far as international human rights and the protection of human rights are concerned. So this is an opportunity to have people from multiple countries—as I said, over 50 countries have trained there—come together and talk about some of the implications of potential human rights abuses, take these as case studies and discuss these in the classroom before they leave and go back to their various areas.
Senator DI NATALE: If you became aware of a specific allegation of human rights abuse, what would the process then be for gathering more information about the specific allegations?
Mr Drennan : Are you asking what process we would have?
Senator DI NATALE: What is the process in general obviously within JCLEC, or whether the AFP in particular would follow those issues up.
Mr Drennan : We would certainly report those matters to the Indonesian National Police, who would have the responsibility of dealing with them. And if I could just add: the Indonesian National Police are actually overseen by the Indonesian National Human Rights Commission, the National Police Commission and, as you mentioned before, also numerous government organisations and human rights groups closely monitor activities.
In 2009 the Chief of the Indonesian National Police introduced a regulation specifically addressing the implementation of human rights principles and standards in the discharge of the duties for the Indonesian National Police. In a more general sense, the INP is responsible for prosecuting matters according to the rule of law and which therefore brings those matters under the scrutiny of the courts.
We rely upon those tiers of governments and oversight to ensure that the INP discharge their obligations in relation to a range of international human rights conventions to which they are signatories. Again, there are nine core international human rights treaties under the United Nations. Indonesia has signed all nine of those and ratified eight, with one more to come.
Senator DI NATALE: So how often are specific allegations brought before the AFP?
Mr Drennan : I am not aware that any have been brought specifically to the AFP.
Senator DI NATALE: So, in your view, does that indicate that the human rights issue in terms of some of the people who are being trained is a non-issue?
Mr Drennan : No, what I am saying is that none have been brought before us. The type of training that we provide and the officers who are participating in training are not ones we would expect to be involved in activities of the nature where allegations of human rights abuse have been raised.
Mr Negus : One of the points I made in the opening comments, before I passed to Deputy Commissioner Drennan, was that Detachment 88 have a very wide role in Indonesia. They are really the investigative capability for the Indonesian National Police to investigate and prosecute terrorist offences. So think about that in the context of across the whole of the archipelago. Again, they have arrested 775 people with terrorism offences since the Bali bombings took place in 2002, with over 600 of those being prosecuted and convicted in the courts in Indonesia. So we are talking about a very large group of people here in which we have a very small slice—I think 78 of them from Detachment 88 have done those training programs with us. So we are open to a very small component of what is a very large group within an even larger organisation of the Indonesian National Police.
Senator DI NATALE: I appreciate that. Small or large, it is important to establish whether—
Mr Negus : I think publicly, though, there is a perception that Detachment 88 is a small group of people who move around in one group and that is not the case, as we have—
Senator DI NATALE: I am aware of that. I think we share a view that they have done some good work in preventing terrorism in Indonesia. The concern I have is that some of the activities within segments of Detachment 88 have moved from a counter-terrorism operation to a counter-separatism operation within Papua and that may apply only to a small number of that unit. But it is still significant, particularly for the people of West Papua. So understand the basis for my questions—
Mr Negus : We are very careful and, hopefully, you are seeing that we are very careful to limit our support to those actions that are instrumental in ridding Indonesia and the region of terrorist activity and protecting Australian lives in the process.
Senator DI NATALE: Do you share a concern that some of the allegations that may be made end up being investigated by the same agencies that are essentially responsible for committing the abuses? Is that of concern to you?
Mr Negus : We do not have visibility on that. People make the same allegations against police forces, which have internal investigation units. So it is impossible for me to say what level of scrutiny should be applied to those things in a foreign country.
Mr Drennan : I did articulate again a short time ago that there are a range of oversight bodies which sit across the top of the Indonesian National Police.
Senator DI NATALE: Sure. They do not do the investigating, do they?
Mr Drennan : They certainly provide scrutiny in relation to it. Similarly here, the Ombudsman or any range of committees here in Australia have a monitoring role of what the AFP does. Certainly, if they are not happy with what we are doing, then we are held to account.
If I could just go back to the other issue you raise with regard to counter-terrorism work morphing into counter-separatist work: the INP are very clear on the fact that we support them in their counter-terrorism activities.
They do draw a very distinct difference between counter-terrorism and counter-separatism and they are fully aware that we do not and would not be involved in any counter-separatism work. On that note, we have not been involved in any activities in West Papua at all.
Senator DI NATALE: You have not been directly involved but you have trained members of Detachment 88 and we do not know what numbers are involved in West Papua and what activities they have been involved in in West Papua.
Mr Drennan : To be clear, we have trained one person from Detachment 88 who is in West Papua on a CT investigations course.
Senator DI NATALE: Of the other members, again to be clear, the total number was 702 members of Detachment 88; is that correct?
Mr Drennan : That is correct.
Senator DI NATALE: I thought you had said 11—
Mr Drennan : Eleven have undertaken training programs through JCLEC from Detachment 88 in West Papua and one of those members had attended a course that was funded by the AFP. The other 10 had attended courses that had been funded by other donor countries. Again those courses were of a similar nature.
Senator DI NATALE: In terms of the threshold test for limiting an individual’s involvement in training, at what point do we say that there is evidence against them and that we should withhold any training activities for an individual should that be brought to your attention?
Commissioner Negus : We really rely on the Indonesian National Police to select the appropriate people to come on those programs. You have to understand that we are talking about relatively small numbers of people who come and do the training. These are highly competitive programs. These are programs in which only the best people would be selected to come and who have a significant leadership future within that organisation. The level of scrutiny that is placed by the INP would be significant in that regard. In an organisation of over 400,000 police in the Indonesian National Police we are talking about fewer than a hundred who have been trained in that regard from Detachment 88. We really do rely on the Indonesian National Police. They know very well our stance on this. We have been very clear about that, in what support we can and cannot provide. I brought with us today a chart which we could table for you which lists the expenditure we have in each of those areas. It is around three hundred and something thousand dollars in direct support to them over the last few years. That is not a lot of money in the context of broader aid, but we would be more than happy to table that for the committee so you can see exactly where your money has been going and how that has actually worked.
Senator DI NATALE: Thank you, I would appreciate that. I suppose you have really come to the point that I am trying to make. Given that it is such a competitive program, it has to carry with it some degree of legitimacy. Being trained gives some measure of credibility and international legitimacy to those people who have trained, and what I am trying to establish is that we are ensuring that that legitimacy is deserved and is earned. You are telling me that the screening process is essentially done by the Indonesian National Police and that the AFP have no real role in the vetting of individual people who are going through the training program. Is that a fair analysis?
Commissioner Negus : That is right. To be realistic about this, we are talking about training delivered in Indonesia. Yes, we have supported it financially and we support some of those programs financially, but we do have to rely on and trust our partners to pick the right people to come on to our programs. They know our stance on this, they read the newspapers like everyone else does, they realise that in Australia this is a very topical issue and they are certainly aware of 7.30 and some of the other media that has been raised about this, because we have spoken with them about it personally. They are very clear on our expectations and very clear on our obligations and requirements for them to be selecting the right people to come on these programs.
The reason I had the Deputy Commissioner sit down with people who have been in Indonesia for a couple of years, worked with Detachment 88, worked on these programs, is to satisfy myself, given the media reporting, that we are doing everything that is reasonable and appropriate to ensure that we are only supporting activities that would be acceptable to the Australian community. I have done that, and I am satisfied, given what has been told to me and given what we have told to you today, that we are taking significant precautions to make sure that the Australian community is not tantamount to funding anything which would be unacceptable in this country. I go back to 775 arrests for counter-terrorism matters, 600 people prosecuted and convicted in Indonesian courts for terrorism related offences, which, as I said, have saved Australian lives. There are over 900,000 people who go to Bali each year and after being there last week, seeing the memorial and the surviving victims of the Bali bombings, I think that some of the work that has been done in Indonesia by the Indonesian National Police needs to be recognised.
Yes, we need to be very careful about where the funding is going, but I think that we also need to recognise the terrific work that has been done across the board in protecting Indonesians and Australians from future attack.
Sena tor DI NATALE: I recognise that and, as I said previously, I understand the important work that has been done in counterterrorism. But I have also seen the number of people who have died in West Papua, the people who during the recent national congress were arrested, a number of whom were killed and a number of whom were imprisoned. There were very clear reports that the Indonesian forces and members of Detachment 88 were involved in that, and it is for that reason that I am asking you these questions. I appreciate what you are saying about the role that they have played in terms of terrorism and I share the view that they have done some very important work. But I do not think you can use that and ignore what is happening in West Papua at the moment and the fact that there are very credible reports—not just in the media but by a number of human rights monitors with very credible allegations: interviews with victims, eyewitnesses of incidents and so on—which have implicated members of the Indonesian police force in some of those unlawful activities. I think it is worthy of ensuring that the work that we are doing through our training activities is not contributing to that, and it is for that reason I ask those questions.
Mr Negus : I understand that. All I am saying is that I hope we have been able to give the committee some confidence that the appropriate level of scrutiny is being applied by the senior executive of the AFP, including personally by me, to ensure that that is not the case.
Senator DI NATALE : Okay, thank you. I have one final question. If a specific allegation against an individual were made, would the AFP have any role in following that up, or are you saying that you would leave it entirely up to the Indonesian National Police?
Mr Negus : The issue of jurisdiction becomes central to all of this, and we would not have any jurisdiction to investigate that matter. We would report it to the appropriate authorities in Indonesia. We may well report it to the Department of Foreign Affairs and Trade if it related to activities of a certain type, but the jurisdiction is within Indonesia to settle its own affairs, and we would just ensure that that information was passed through.
Senator DI NATALE: But we are funding the training activities that are going on, so my question relates specifically to individuals who may have benefitted from that training. Would that cause some concern to reconsider?
Mr Negus : It is a hypothetical question, but I can tell you that if there were ever any taint of anyone we had trained being involved in inappropriate activity, we would certainly have to review the level of support that we would provide.
Senator DI NATALE: Okay.
Mr Negus : And that is clearly evident to the Indonesians as we speak.
Senator DI NAT ALE: Thank you for that assurance and thanks for your time today.
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Indonesian police fire shots, tear gas after 100s of Morning Star flags fly at peaceful demo in Manokwari
By West Papua Media and local sources
October 4, 2012
Over a thousand people who had gathered in Manokwari on Tuesday (2/10) to demonstrate in support of the independence movement in Papua were attacked by police who fired tear gas and live ammunition in the air, after hundreds of banned Morning Star independence flags were unfurled.
The rally, called by the West Papua National Authority (WPNA) under the auspices of the national Federal Republic of West Papua (NRF-PB), was to show support for an observer mission to the General Assembly of the United Nations in New York by WPNA diplomat Herman Wainggai, and to reject the failed implementation of Special Autonomy (OTSUS) in West Papua.
A pamphlet released by the WPNA Governor Markus Yenu explained that the rally was to ”address the increase in OTSUS presence and UP4B as a form of “development”, which only extends Papua Political Status by affecting (increasing) marginalization and duping people of Papua, in all aspects of life on the land of Papua.” It also said that “Papuan People should be sold on (support) the terms of independence and sovereignty (as per the) results at the KRP III (3rd Papuan People’s Congress of 2011).”
The rally was held at Sanggeng sports stadium from about 10 am local time, where about 700 people were joined by a long march of about 300 demonstrators who proceeded towards the town. Banned Morning Star flags, which were hidden whilst the rally was under guard at Sanggeng stadium, were provocatively unfurled in their hundreds during the march, and police reacted quickly and brutally at 1039 local time.
West Papua Media stringers at the rally reported that Brimob paramilitary police stormed the gathering, firing their weapons both in the air allegedly with live ammunition and at rally participants with rubber bullets. Three tear gas canisters were also fired into the crowd to disperse them, and police conducted a baton charge at around 1045am. Witnesses however claimed that security forces, including soldiers from the Indonesian army (TNI) were firing indiscriminately, however no live gunshot wounds have so far been reported. However, several live bullet casings were recovered by West Papua Media stringers.
Scores of demonstrators were savagely beaten, with several reportedly seriously injured by Brimob police who were seizing the 150 Morning Star flags. Several of these included elderly people, who tried to intervene whilst Police were brutally beating a speaker named Zet Tata. Ibu Pendeta (a Priest’s wife) Mathelda Maniani – one of the rally speakers - , Ibu Anis (75 years old), Petu Worabay, Vebi Wanma and Edo Kamesfle were all beaten by police. Zet Tata reportedly sustained serious injuries but his condition in currently unknown.
3 rally participants remain unaccounted for, though sources on the ground have unverified reports that they were taken by Police, and grave concerns are held by WPNA activists for their safety. The names of those disappeared are unknown at this stage.
After the brutal intervention by police to seize the Morning Star flags, demonstrators dispersed, but regrouped to hold another long march in defiance of police and close the rally peacefully at 1pm.
westpapuamedia
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