Makar accused reject charges, and Indonesian jurisdiction over Papua in adjourned trial (Photo Report)
January 31, 2012
By Nick Chesterfield from West Papua Media with local sources
(Jayapura) The treason trial against the leaders of the Third Papuan People’s Congress in Jayapura was adjourned on Monday until February 8, after a short hearing that Indonesian authorities moved at the last moment preventing many supporters from attending.
The five defendants, President of the Federated Republic of West Papua (FRWP) Forkorus Yaboisembut, Prime Minister Edison Waromi, together with Congress organisers Selpius Bobii, Dominikus Sorabut and Agus Sananay were charged with makar or treason under Article 106 of KUHP (the Indonesian Criminal Code) for their declaration of an independent West Papua at the close of the Third Papuan People’s Congress on October 19 last year.
Papuan leaders accused of treason on trial in Jayapura, January 30, 2012
The historic Congress was violently broken up by Indonesian security forces using live fire and excessive violence, with at least seven people killed, hundreds beaten and tortured, despite official permission for the event to be held. Indonesian security officers involved were given minor disciplinary sanction, with most perpetrators of violence enjoying complete impunity despite footage of the Indonesian security force violence being broadcast internationally.
Initial reports from witnesses inside the trial early in the day claimed that the team of judges argued with the defence legal team about the need to know the political position of the defendant’s, despite the fact that in a treason trial this would be self-evident. Yaboisembut and Waromi then fundamentally rejected the charges against them, arguing that their actions were not treason“.
Forkorus Yobeisembut (Jakarta Globe)
According to Forkorus as reported by the Jakarta Post, “What we have been doing is seeking our own independence. Thus, we have cheated no one,”. Forkorus argued that Indonesian occupation of his homeland was the real issue, and that ”this problem is not the problem of separatism and rebellion or treason”. Both Forkorus and Waromi said that the issue of Papua should be tried in international courts as the Indonesian state did not have jurisdiction over Papua.
Forkorus Yaboisembut (Jakarta Globe)
in a short statement sent to West Papua Media, the defendant’s legal team said that the judge asked Forkorus and the accused understood the indictment. “He answered that, yes, he understood what the prosecutors read but did not understand the charges of treason against them.”
“Forkorus then asked for time to read a statement to the assembly to process the rejection of the law, (the request of) which was then approved by a judge. Our attorneys will do the rebuttal (exception) to the indictment dated 8th February 2012,” according to the legal team led by Hamadi.
(Photo: Efraim Joteni)
Bintang Papua reported that another one of the lawyers for the accused, Gustaf Kawer,said that up to 32 lawyers from across Papua and Indonesia had offered pro-bono defence of the treason accused. He said: ‘I am convinced that the large number of lawyers who are attracted by the case is a good sign of interest in the need to find a solution to the problem of Papua.’
Forkorus Yaboisembut and Edison Waromi media interview after trial.(Photo: Efraim Joteni)
The Panel of Judges hearing the trial are Chairman of the Jayapura District Court of Class IA, Jayapura, Papua, Jack John Octovianus, SH. MH,; assisted by I Ketut Nyoman S, SH. MH. Syor Mambrasar, SH. MH. Orpah Marthina, SH. and Willem Marco Erari, SH.
Outside the court hearing, almost 400 hundred heavily armed riot police and a similar number of Army and Kopassus personnel were guarding the courthouse venue from dawn (0600) with close to a dozen armoured assault vehicles, mounted with heavy machine guns, according to participants.
Protest in support of West Papuan leaders in trial for treason (Photo: Efraim Joteni)
Protest in support of West Papuan leaders in trial for treason (Photo: Efraim Joteni)
Participants in the protest claimed to West Papua Media via SMS that security forces were acting in a heavy-handed manner, describing their actions as “wild and aggressive”. “This display of armour makes thousands of ordinary people in Jayapura traumatized and afraid to come to action,” said Jack Wainggai, the spokesman for the Prime Minister of the FRWP, Edison Waromi, on trial for treason today. Organisers had aimed for several thousand people to attend, but amid heavy Indonesian security that discouraged solidarity protests by West Papuan supporters of the defendants, only 500-600 braved the heavy armour and “state intimidation” outside the court.
Protest in support of West Papuan leaders in trial for treason (Photo: Efraim Joteni)
Brimob outside makar trial (Photo: West Papua Media)
Brimob outside makar trial (Photo: West Papua Media)
one of almost a dozen armoured vehicles securing outside court venue Jan 30 2012 Jayapura (Photo: West Papua Media)
Despite promises by Indonesian authorities that the trials would be open, the presiding judges secretly started proceedings at 8.30 am before supporter could arrive. In a press statement before the trial, Bintang Papua reported that Olga Hamadi of Kontras Papua said, “The five men will face charges under Article 106 of the Criminal Code for subversion. Based on past experience, there are concerns regarding security during the trial which will be open to the public, meaning that anyone wishing to attend the trial will be able to do so.” Hamadi urged all present to restrain themselves and ensure that conditions surrounding the trial are conducive.
Speculation has mounted amongst local observers that the trial may be moved from Jayapura to metropolitan Indonesia to reduce any potential political flashpoint it will cause amongst pro-independence forces in Papua, with the prosecutor’s office formally warning of such a move should unrest occur. Conversely though, any shift would create more opportunities for international observers to be present at the trial, a basic condition called for by the defence and international human rights monitors.
After the adjournment, the few hundred that did attend were able to disperse peacefully without an Indonesian security force crackdown, but tension still remains high in Jayapura as armed troops are still deployed on the streets the following day.
Elsewhere in Papua, solidarity actions were held with the treason trials against the Congress leaders. In Manokwari, orations were held calling for international peacekeepers to be deployed to protect West Papuan people from Indonesian state violence. Calls were also made in Manokwari for neutral international mediators for dialogue between Jakarta and the Federated Republic of West Papua.
Westpapuamedia.info
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- West Papuan leader urges peaceful defiance in the lead-up to December 1st (westpapuamedia.info)
Rallies to support Papuan leaders facing treason trials on Monday
January 28, 2012
by Nick Chesterfield at Westpapuamedia.info with sources
West Papua’s civil resistance movement is believed to be organising major demonstrations to support West Papuan leaders facing treason charges in Indonesia’s courts on Monday, January 30.
Indonesian prosecutors will begin proceedings in Jayapura in the treason trials for the leaders of the Third Papuan People’s Congress (KP3), which decalred independence from Jakarta on October 19 last year, after which Indonessian security forces stormed the venue. The President of the Federated Republic of West Papua Forkorus Yaboisembut, Prime Minister Edison Waromi, together with Congress organisers Selpius Bobii, Dominikus Sorabut, Agus Sananay and Gat Wenda all face a battery of charges stemming from their involvement in the Third Papuan Peoples Congress, held for only the third time since 1961.
Papuan leaders are standing infront; Forkorus Yaboisembut S.Pd, Edsison Waromi SH .behind Dominikus Surabut, Gad Wenda, Agus Senandy Kraar and Selpius Bobii (Photos: West Papua Media)
Five of the six are charged with treason under Article 106 of KUHP (the Indonesian Criminal Code), and have also been charged under Article 53 for incitement to acts of treason, and Article 55 which states that even attempting to committ an act (in this case treason), even if unproven is the same as committing the act. Gat Wenda is charged with carrying a concealed weapon. The use of these charges date back to the Dutch colonial times and were used extensively by the Suharto New Order regime to suppress nonviolent dissent.
Their trial will take place at Pengadilan Negeri Klas 1A (State Court 1A), according to a letter dated 17 January (reference 17/PEN.PID/2012/PN). The trial is due to start at 10:00am. The Hon. Jack Johanes Octovianus SH. MH. will be the presiding judge.
Indonesian police and soldiers stormed the Congress venue on October 19 after the independence declaration at the close of the Congress, killing at least 7 people, injuring hundreds and arresting as many as 800 participants. All but the six current detainees were eventually released, but ongoing crackdowns against Papuan nonviolent activists by security forces across Papua intensified in the weeks after the Congress, with several cases of arbitrary arrest and killings.
Papuan human rights activists have alleged, as Video footage of the attack clearly shows, Australian trained Detachment 88 anti-terror troops involved in the attack on unarmed congress participants. Six people were killed and over 300 were arrested.
All detainees were severely beaten by Indonesian police extensively in the weeks following the crackdown, with Yaboisembut sustaining multiple fractures including broken ribs and sternum, and was so badly tortured that he could not stand.
The Institute for Human Rights Study and Advocacy (Elsham) together with the Communion of Churches in Papua (PGGP) reported in said that at least 51 people had been tortured by members of the military and police during and after the Congress. Congress participants testified that they had been “beaten and kicked repeatedly by security forces both at the congress site and while being transported to police headquarters. Some participants said they were beaten at the police station.”
In mid December, when the Indonesian police finally charged the detainees with treason, their legal team rejected this unequivocally. As reported by Bintang Papua, well prior to the Congress the committee sent a letter of notification to the police requesting permission for the congress to be held, and had also sent a letter to the Minister for Legal, Political and Security Affairs Djoko Suyanto, requesting him to be the keynote speaker at the congress. Suyanto agreed and instructed the director-general of the ministry to open the congress, though he never attended.
‘How can this be said to be treason when there have been letters received from the police and the minister?,’ said the lawyers who stressed that all their clients had done was to express their opinions, rights guaranteed under Indonesian Law the Universal Declaration of Human Rights and the Covenant on Civil and Political Rights.
An SMS sent to West Papua Media from the KP3 committee has called for the people of Papua to guard the results of the Third Papuan Congress and to hold the Indonesian state to upholding the due process of law.
There is a high likelihood that the six will not receive a fair trial, according to human rights monitors and the lawyers for the six.
The Papuan detainees have requested international observers, including an Australian Government representative be present at the trial and their lawyers have advised that it is possible. The six are all peaceful protesters who were exercising their right to free speech, according to legal observers.
Demonstrations of prayers, live music and vigils are planned to be held outside the courthouse during the trials, according to West Papua Media stringers on the ground in Jayapura. The KP3 COmmittee have called for people to “maintain an escort for the trial that is peaceful and dignified” and to remain united in the face of security force provocations.
West Papua Media stringers also report that Indonesian security forces have mobilised sigificantly to prevent any “disruption” of the treason trials, expected to be a flashpoint for further crackdown by security forces on peaceful dissent. Significant deployment of military hardware is expected on Monday which may provoke an already tense atmosphere.
West Papua Media will naturally report on any developments as they happen.
westpapuamedia.info
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Identity Politics in Papua
Image via Wikipedia
JUBI, 27 January 2012
In the days before the special autonomy law for Papua (OTSUS), identity politics in Papua was focussed primarily on culture. It was his awareness of the richness of Papuan culture that encouraged Arnold Ap to set up his Mambesak group in the 1970s. [Not to mention the fact that he paid with his life for his activities.]
Brother Budi Hernawan, a human rights activist, said that the identity politics movement had made some progress and was in the process of further development. ‘In fact,’ he said, ‘there are certain impacts of the inconsistency of the central government’s attitude towards the identity politics movement among the Papuans.’
He said that Papuan identity politics emerged alongside the Indonesian identity politics movement in the 1940s. But the way of defining Papuans referred to their tendency to being slender in build, dark skinned and with fuzzy curly hair as part of the Melanesian race; this led to the stagnation of this process. At the core of the issue is the interaction between cultural and social issues, according to Brother Budi.
Cressida Hayes writes, in the 2007 Stanford Encyclopaedia of Philosophy, that identity politics has a far broader definition and the theory has a far broader definition with regard to injustices that are encountered by people in certain social groups.
Rather than their being organised on the basis of ideology or party affiliation, identity politics is related to the group’s identity and of its not being marginalised as a group as well as the question of belonging to the group in a much broader sense.
Demographically speaking, Papuans are no longer dominant in the land of Papua. This has been reinforced by the role of capital and limitations within the political sphere. While procedures are set in place to ensure that the head of region is an indigenous Papuan, no affirmative action has been taken by any legislative body to protect the interests of the indigenous Papuan people.
Apart from this, he said, Jakarta always bases its policies on economics and politics.The result is that there has been no comprehensive or ‘calm’ definition. ‘The word “calm” is used here in the sense that the Dewan Adat Papua should be able to draft a definition of Papua-ness without being accused of being separatist or accused of subversion.’
Back in the days of President Abdurrachman Wahid, the space being given to identity politics was broadening. Gus Dur, as he was affectionately known, granted permission for the Morning Star flag to be flown, which is regarded by Papuans as a cultural symbol, while at the same time stipulating that it should be held ten centimetres lower that the Red-and-White flag. But this has never been backed up by any government regulation.
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West Papuan leader urges peaceful defiance in the lead-up to December 1st
Papuan Leaders take a sit in floor of Papuan Police Prison. From left to right each of them; Edsison Waromi SH (Prime Minister), Forkorus Yaboisembut S.Pd ( President Republic Federal State of West Papua), Dominikus Surabut ( Aktivist)), Gad Wenda (Aktivist ), Agus Senandy Kraar (Aktivist ) and Selpius Bobii (Chair of Orginizing Commettee of Third National Papua Congress). (Photo: West Papua Media)
30 November 2011
Exclusive interview by Alex Rayfield (New Matilda) with West Papua Media
The President of the Federal Republic of West Papua may be behind bars, he may have been savagely beaten by the Indonesian police, but he has not been silenced. From his 5×4 meter cell in the bowels of the Jayapura Police Station – quarters he shares with five other Papuans also charged with rebellion against the Indonesian state – Forkorus Yaboisembut recently issued a rousing call to action smuggled out of prison.
“To all the Papuan people” Yaboisembut writes, “don’t be afraid to celebrate December 1st, whether you do so simply, or as part of large gatherings. Do not be afraid because we, the Papuan people, do not intend to destroy any country; we only wish to defend our political rights.”
Our interview, the first – clandestine – interview with Western media, may be constrained by time and space, but I can picture the tribal elder from previous meetings. He is a quietly spoken man, late in years but strong and alert. He walks tall, sits up straight and dresses neatly in long dark pants; polished slip-on shoes and patterned but subdued crisply ironed business shirts. His short hair and longish grey beard gives him the look of an Old Testament prophet, grandfatherly if you like.
It is painful to think that he when he was arrested on October 19 he was tortured so badly that he could barely sit down – or stand. Dominikus Surabut, from the West Papua Council of Customary Tribal Chiefs, who was detained with the man who is now the President of the Federal Republic of West Papua and who was also badly tortured, tells me that when Mr Yaboisembut was arrested the Police beat him mercilessly with a rifle butt, raining blows down on his head and crashing their weapons into his solar plexus. In a widely published Indonesian language account of the arrest, a religious leader said that an Indonesian soldier was ready to shot him dead but was urged not to by a policeman.
West Papuan’s political rights, Mr Yaboisembut says, are inalienable. “Whether you take the United Nations founding document, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Political Rights or even the Indonesian Constitution as your starting point, Papuans have the right to self-determination.”
Forkorus Yaboisembut S.Pd and , Edison Waromi,SH
“The preamble to the 1945 Indonesian Constitution mentions expressly, that independence is the right of all Nations, and because of this colonialism must be swept away, it is consistent with the principles of justice and humanity. Consequently, the people of Papua cannot be blamed in accordance with any law for wanting to celebrate their national day.”
These ideas, the same ideas that inspired Indonesians to liberate themselves from Dutch rule, are igniting the imagination of entire generation who yearn to be free. What makes Mr Yaboisembut’s ideas even more extraordinary is that he is urging an insurrection that grounded in what he calls “human dignity”.
“December the first 2011, is the fiftieth anniversary of when Papuans first raised the Morning Star flag. It is our golden anniversary, the year of God’s liberation” he says evoking the images of the ancient Jewish custom of Jubilee – of freeing captives and erasing debts. “It must be celebrated in an atmosphere of peace, safety and calm”.
“To Papuans, I therefore say, do not carry out acts of terror, intimidation or commit violence of any kind towards anyone, for whatever reason, whether they are Papuan or migrants.
“Do not be afraid,” Mr Yaboisembut repeats, “God is with us.”
Papuan leaders are standing infront; Forkorus Yaboisembut S.Pd, Edsison Waromi SH .behind Dominikus Surabut, Gad Wenda, Agus Senandy Kraar and Selpius Bobii (Photos: West Papua Media)
“The roots of our oppression is political” says Mr Selphius Bobii, Chair of the Committee of the Third Papuan Congress, who also shares a cell with Mr Yaboisembut and Surabut. “The annexation of our country by Indonesia and the acquiescence of the international community has resulted in state sanctioned human rights violations and creeping genocide.”
Those arrested on October 19 in the wake of the Third Papuan Congress are not backing down from the declaration of independence. “We are committed to using people power, diplomacy and the law to achieve our rights” Bobii tells me.
Dominikus Surabut says that he and the other prisoners are refusing to sign police statements charging them with “rebellion” (makar) under sections 106 and 110 of the Indonesian Criminal Code.
“We have done nothing wrong” Surabut says. “We have a political right to declare independence. We do not seek to destroy Indonesia or any other country. On the contrary, it is the Indonesia state that has attacked us.”
How can it be, they rhetorically ask, that the Indonesian police get written warnings for killing Papuans when Papuan activists nonviolently exercising their rights to freedom of expression are beaten and jailed?
Is this the same country that Obama and Gillard lauded for being a beacon of democracy?
In a widely published letter in support of Papuan political prisoners Human Rights Watch says that the articles under which the six Papuan political prisoners arrested after the Third Papuan Congress have been charged “are a legacy from the Dutch colonial era”. Charging nonviolent activists with rebellion is “in violation of the Indonesian Constitution, Articles 28(e) and 28(f) which respectively afford “the right to the freedom of association and expression of opinion,” and “the right to communicate and obtain information for the development of his/her personal life and his/her social environment, and shall have the right to seek, acquire, possess, keep, process and convey information by using all available channels.”
The charge of rebellion is also inconsistent with Indonesia’s international obligations under the International Covenant on Civil and Political Rights (ICCPR) which Indonesia ratified in 2006, a point which the jailed Papuan leaders make repeatedly to me. Besides, the Papuan leaders sigh, we have been left with no other option. “Special Autonomy has totally failed and even the MRP, a state institution convened a meeting which came up with eleven recommendations, one of which was to hold the Third Papuan Congress.”
Outside their police cell, in the streets of the cities and towns of West Papua, in the cloud covered mountains and on the coconut palm fringed coasts a new political consensus is emerging. This consensus has been forged not through endless meetings of the Diaspora, nor in stillborn discussions with political elites in Jakarta, nor in the conference halls of NGO deliberations, but in the furnace of political action. It is simply this: that West Papua must be free.
After the Congress three overlapping political groupings have emerged: the Papuan Peace Network who is calling for political dialogue, the West Papua National Committee who demands a referendum, and the Papua Congress leaders (supported by a loose alliance made up of the West Papua National Authority, the Council of Customary Papuan Chiefs, the Presidium Dewan Papua, and the West Papua National Coalition for Liberation).
The killings of nonviolent Papuans by the Indonesian police and military on October 19 have divided ordinary Indonesians, flushing out ultra-nationalists and their racist discourse, and outraging political moderates longing for a different kind of future than the one left to them by former dictator Suharto.
Inside Papua the massacre appears to be having a unifying effect, although Papuan politics remains complex affair. The West Papua National Committee who opposed the Congress later marched in support of the six political prisoners. Father Neles Tebay, respected intellectual and leader of the Papua Peace Network has intensified the demand for political dialogue. It is a call that has been supported by Yaboisembut and others. “All Papuans, wherever they are must respect the dialogue process democratically initiated through the Papuan Peace Conference and the Papuan Peace Network” wrote Mr Yaboisembut in a message smuggled out of prison.
Whether the Indonesian police and military act in a similarly dignified manner, or not, remains to be seen.
As I write this a long-term Papuan human rights activist sends me this message: “there’s an increase of military patrol of soldiers around Jayapura Township.” Some put the numbers as high as forty thousand. Reports are filtering in of troop surges in Sorong, Paniai (where gunshots have been heard), the border region and Jayapura.
“The atmosphere here is quiet but eerie” my friend writes. We are all waiting to see what December 1 will bring.
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New Docos examine upheaval in West Papua
As the 1st of December looms, two new short documentaries published by West Papua Media take a look at the recent wave of unprecedented political and industrial action and state repression in the lead up to the 50th anniversary of West Papuan Independence.
The Third Papuan People’s Congress
PLEASE NOTE: FOOTAGE FROM TIMECODE 04:59 – 05:43, OF PAPUAN GUERRILLAS FROM TPN/OPM RAISING THE MORNING STAR FLAG IS INDICATED AS FILE FOOTAGE FROM “FORGOTTEN BIRD OF PARADISE”, AND IS USED PURELY FOR HISTORICALLY ILLUSTRATIVE PURPOSES. THIS FOOTAGE WAS SHOT IN 2008 IN THE HIGHLANDS OF PAPUA AND DOES NOT INDICATE, IMPLY OR ILLUSTRATE ANY ARMED PRO-INDEPENDENCE PRESENCE AT THE THIRD PAPUAN PEOPLE’S CONGRESS, WHICH IS FACTUALLY CONFIRMED AS BEING A PEACEFUL, NON-VIOLENT ASSEMBLY, WITH NO WEAPONS OF ANY SORT PRESENT BEFORE, DURING, OR AFTER PROCEEDINGS, OTHER THAN WEAPONS USED AND BELONGING TO INDONESIAN SECURITY FORCES.
PUBLIC OR PRIVATE MISREPRESENTATION OF THIS FACT WILL BE CONSIDERED DEFAMATION AND LEGALLY ENFORCED.
Credits
Production: traverser11 and Nick Chesterfield
Music: Airi Ingram and Ak Rockefeller
Script: Nick Chesterfield and Mark Davis
Video Supplied by: West Papua Media, Tapol/Down to Earth, Dominic Brown; ABC Lateline, SBS, TV Papoes, Metro TV Papua
Freeport Miners Strike
Video from the three month long strike at Freeport Mine in West Papua, police repression and actions in solidarity with the miners. Produced by traverser11 with music by Airi Ingram.
Credits
Production: traverser11 and Nick Chesterfield
Music: Airi Ingram and Ak Rockefeller
Video supplied by: SPSI Freeport (miners Unions), West Papua Media, Lococonut, Theagapaipho, WPACTION Network, Yerry Nikholas, Beni Pakage
and public domain content from: Al Jazeera English, Reuters
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Amnesty: ‘Slap on the wrist’ for police violence in Papua is accountability failure
These written warnings are a slap on the wrist. They do not provide accountability for the deaths of three people, or for the use of excessive and unnecessary force against a peaceful gathering.
The bodies of Demianus Daniel, Yakobus Samonsabara, and Max Asa Yeuw were later found near the Congress area.
“These written warnings are a slap on the wrist. They do not provide accountability for the deaths of three people, nor for the use of excessive and unnecessary force against a peaceful gathering,” said Sam Zarifi, Amnesty International’s Asia-Pacific Director.
Some 300 participants were arbitrarily arrested and ill-treated at the end of the Congress. Most were released the following day but six have been charged and are currently awaiting trial.
Amnesty International has called on the authorities to act on the findings of the Indonesian National Human Rights Commission (Komnas HAM) that rights violations were committed by security forces, and to prosecute those responsible.
“Even though the Indonesian authorities have a responsibility to prosecute human rights violators, this is yet another example of how in Indonesia, human rights crimes committed by police officers never reach civilian courts, but are dealt with through inhouse disciplinary hearings,” said Sam Zarifi.
“Internal disciplinary procedures are for dealing with minor offences, not serious human rights violations.”
Amnesty International also urges the Indonesian authorities to set up an independent police complaints mechanism to deal with human rights violations by police officers.
Current bodies such as the National Police Commission or the National Human Rights Commission do not have the powers to deal effectively with complaints about police abuses, nor to provide reparations to victims.
A Komnas HAM investigation team found a range of human rights violations were allegedly committed by the Indonesian security forces on 19 October, including opening fire on the peaceful Papuan gathering and beating and kicking participants.
It was reported on 7 November that the President’s office had rejected the Komnas HAM findings, stating that the police were still handling the case.
On 22 November, an internal police disciplinary hearing in Jayapura, Papua found the former Jayapura Police Chief Iman Setiawan guilty of violating the Disciplinary Code for “his inability to co-ordinate police officers under his command”.
Seven police officers from Jayapura City were also found guilty of violating the code for not “protecting and servicing the community with the best of their ability” and “degrading the honour and dignity of the state and the police”. They were all each given a written warning.
The disciplinary hearings for the seven police officers were reportedly held behind closed doors.
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Violent Tactics Backfire In Papua
1 Nov 2011
By Alex Rayfield
The tough response of the Indonesia armed forces to the Third Papuan People’s congress has strengthened calls for freedom. NM’s West Papua correspondent Alex Rayfield reviews the fallout
If the Indonesian police and military thought shooting live ammunition into a mass gathering of unarmed Papuans would somehow dampen dissent and endear them to Jakarta’s continued rule, they were mistaken. Indiscriminate repression meted out against those gathered at the Third Papuan People’s congress is showing signs of having the opposite effect: widening the circle of dissent inside West Papua and igniting international support outside.
First the Indonesian military and police denied they shot dead peaceful protesters. But that was too difficult to sustain. New Matilda received text messages as soon as the shooting started which were followed by urgent phone calls. Gunfire could be heard in the background.
When it became clear that covering up the shooting would not wash, the Indonesian Chief of Army in West Papua, Erfi Triassunu, admitted opening fire but claimed his troops only fired warning shots. He insisted no one had been hurt. Some of the international media bought the story. With foreign journalists banned from West Papua, some media outlets went to the police and military for confirmation. This is in spite of the fact that West Papua Media, with their extensive network of citizen journalists and local stringers, broke the story, verified it and began filing reports about what happened within a few hours.
A few hours after the shooting, the Indonesian police in West Papua were telling journalists in Jakarta that an attempted coup d’état had taken place and that police had used force to defend the state. The Jayapura Chief of Police, Imam Setiawan, even went as far as saying that members of the Papuan Liberation Army had attacked the Congress.
Setiawan took this line again on Thursday 20 October. In an interview with Bintang Papua, a local Papuan daily, he outlined how he thought police should respond to a gathering of unarmed Papuans expressing their political opinion: “Whoever supports separatism or subversion activity, I will do the same as yesterday. I’ll finish them.”
The language used by Setiawan echoed hard-line nationalists in Jakarta. It follows a deadly trajectory. Cast the Papuans in the worst possible light. Label them as “separatists” — which in Indonesia is the worst kind of criminal, someone who is treasonous, dangerous and violent. From here it was only a short step to imply that those at the Third People’s Congress were using violence to try and seize control of the state. This narrative makes it sound like the police and military were taking evasive action to stop the Papuans storming the Bastille of Indonesian rule. This is pure fantasy.
Initially it was reported that police and the military raided the stage after Forkorus Yaboisembut and Edison Waromi (appointed as President and Prime Minister of the Federal State of West Papua respectively) declared independence. We now know that the attack did not happen until well after the three-day gathering had finished.
After the Declaration of Independence was read around 2.00pm local time, the Congress concluded. The leadership — Yaboisembut, Waromi, Dominikus Surabut, Helena Matuan and a few others left the field to rest in the nearby Sang Surya Catholic Friary in the grounds of the Fajar Timur Theological College where the Congress was being held. Those remaining on Taboria oval (Zaccheus Field) danced the Yospan, a traditional Papuan group dance.
The festivities continued for around 60-90 minutes. We don’t know exactly what the police, military and Brimob soldiers were doing between the time the Declaration was read out and the time the shooting started. Presumably they were discussing what to do. Most likely they consulted commanding officers locally and in Jakarta.
According to Yan Christian Waranussy, a prominent Papuan human rights lawyer, members of the security forces under the command of Police Chief Imam Setiawan arrested Edison Waromi as he drove out of the Fajar Timur grounds on Yakonde Street. Waranussy reports that the police pulled people out of the vehicle and started beating them before pushing them into a police van. Following the arrest of Waromi, Waranussy says the security forces starting firing their weapons into the crowd.
This occurred at around 3.30pm. One of the first killed was 25-year-old Daniel Kadepa, a student at Umel Mandiri Law School. According to those who knew him, Kapeda did not even attend the Congress. He was passing by when the security forces opened fire. Witnesses said that he died from gunshot wounds to the head and back after soldiers fired on him as he was running away.
Video footage obtained by EngageMedia and published by New Matilda shows people hiding in nearby buildings just after the police and military opened fire. In the background you can hear shooting. This is not automatic gunfire. They are single shots. Then there is a pause, followed by more shots. It is as if the shooter is walking around picking people off. There is very little background noise. No screaming or yelling, just an eerie silence … and gunshots.
According to Catholic clergy who witnessed the event, the police, Indonesian military and the the paramilitary Mobile Police Brigade continued discharging their weapons for approximately 25 minutes.
Eyewitnesses report that when the shooting started, Yaboisembut and Surabut were talking and relaxing in the Sang Surya Friary, a few metres from the oval. Then bullets smashed through the window. According to statements obtained by New Matilda people immediately hit the ground and began crawling to safety as the police indiscriminately fired live ammunition and canisters of tear gas into the buildings surrounding the oval.
According to statements obtained by New Matilda, police, military and Brimob personnel ransacked student dormitories, clergy residences and offices. One witness reported an Indonesian security officer yelling “Where are those idiot priests? Why do priests hide criminals?”
Those present also reported security personal using combat knives or bayonets and beating people with truncheons and rifles. At least 300 people were arrested and taken away in army and police trucks where they were detained overnight in the tennis courts at the police station.
We now know that three people were shot dead that day. They are Daniel Kapeda, Max Asa Yeuw, and Yakobus Samansabra. Two others, Matias Maidepa and Yacop Sabonsaba, were allegedly found dead behind the military headquarters in Abepura. According to the Indonesian military sources quoted in the local Papuan press, the victims had been stabbed. In addition, members of the Organising Committee of the Third Papuan Congress allege four other people died, all from gunshot wounds, two from Sorong and two from Wamena.
Six people are still in detention charged with rebellion. According to family members they have all been badly beaten. According to Human Rights Watch and KONTRAS Indonesia (the Commission for the Disappeared and Victims of Violence) those still in detention are:
• Forkorus Yaboisembut, chairman of the Papua Customary Council, probably the most prominent pro-independence leader in Papua. When New Matilda interviewed him in West Papua in 2010 and again in 2011 he was regularly receiving death threats. A few people had even come forward and told the local press that they were offered new motorbikes and other inducements if they would help orchestrate a fatal ”accident”.
• Edison Waromi, president of the West Papua National Authority. Edison Waromi’s daughter, Yane, was kidnapped and assaulted by the security forces in 2008.
• Dominikus Surabut, secretary of the Papuan Customary Council in La Pago region.
• Selpius Bobii, a social media activist, who organised the Papuan Congress. He initially eluded the police crackdown, but surrendered to police on October 20, accompanied by his lawyers and a Papuan journalist.
• August M. Sananay of the West Papua National Authority.
• Gat Wanda, a member of PETAPA (Defenders of the Land of Papua, an unarmed civilian defence group), charged with possessing a sharp weapon.
It will take some time before the immediate effect of the repression is made clear, but early signs suggest the use of extreme and deadly violence against nonviolent activists has enlarged the circle of dissent inside West Papua and ignited international support outside.
Certainly Church leaders — both Catholic and Protestant — have expressed their outrage. Neles Tebay, a key Papuan intellectual, defended the role of clergy who provided humanitarian protection for those seeking safety. Tebay, who also gave permission for the Committee to hold the Congress in the Theological College grounds, was quoted as saying that he “rejects the use of all kinds of repression in dealing with the problems. Using violence undermines the dignity of all concerned, above all the dignity of the victims as well as the perpetrators.”
Tebay has repeated his call “for all people of goodwill to jointly press for dialogue, for the sake of peace in Papua”.
Political representatives of the Papuan Provincial Parliament, a group that until now has sided with the government on matters of national security, expressed their dismay. Bintang Papua reported that Yan Mandenas, chairman of the Pikiran Rakyat Group in the Provincial Parliament said “the actions of the security forces in dispersing the Congress exceeded all bounds and … were in violation of the law”.
Similar views were expressed by Ruben Magay, chairman of Commission A on Politics and Law of the Provincial Parliament who reportedly urged the chief of police to withdraw his men because the Congress was already over. Magay said that what happened was clearly “a violation” and that “no one was fighting back”.
And while a large group of hard-line nationalists in Jakarta applauded or condoned police and military action, Effendy Choirie and Lily Chadidjah Wahid, both members of House of Representatives Commission I on information, defense and foreign affairs in Jakarta, warned the government that the mounting tension could lead to the province’s separation from Indonesia. In a clear rebuke of Papuan Police Chief Imam Setiawan, the two legislators added “that the government should not blame the Free Papua Movement (OPM) for the shooting but rather the security personnel in Papua”.
Internationally, things have gotten much worse for Jakarta.
United States Congressman Faleomavaega Eni Hunkin condemned the actions of the security forces. So too has Senator Richard Di Natale from the Australian Greens who has urged the Australian Government to suspend military ties with Indonesia. MP Catherine Delahunty from New Zealand has also called for the New Zealand Government to withdraw its training support for the Indonesian police. This is more than words. The United States, Australian and New Zealand Government all provide money, training and material aid to the Indonesian police and military. In this sense we are beginning to see the early signs of what could become an international withdrawal of legitimacy for continued Indonesian repression in West Papua.
Papuan calls for UN intervention won’t happen, at least not in the foreseeable future. And the movement internally still faces serious challenges. But the Congress, the Declaration of Independence and the subsequent shooting has realigned the political landscape. There are now three main political groups, the Congress, the Papuan Peace Network led by Neles Tebay who is calling for dialogue, and the West Papua National Committee who want the giant US/Australian Freeport Mine closed and a referendum on West Papua’s political status. At a fundamental level there is not a lot of difference between these positions. They all point to the need for a political solution to the Pacific’s longest running conflict.
The Indonesian political elite and security forces can no longer pretend that the problem in Papua is economic. Papuans want political freedoms. The Congress made that abundantly clear. It opened with raising the banned Morning Star flag and singing the banned West Papuan national anthem, Hai Tanah Ku, and closed with a Declaration of Independence.
And it wasn’t as if the military or police was unaware of this depth of feeling. When an open peace conference organised by the Papua Peace Network was held in Jayapura last July, Erfi Triassunu, the local Army Chief, took the podium. In attendance were 800 respected Papuan civil society leaders. Triassunu tried to get the audience — who were mostly Papuan — to chant “peace!” in response to his “Papua!”. But as soon as he called out “Papua!” the crowd responded as one with “Merdeka!” (freedom).
Now the Papuans’ cry for freedom is echoing around the world. And it is the Indonesian police, military and their nationalist political allies in Jakarta who are helping amplify it.
Related articles
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- Csw Urges Indonesia to Establish Dialogue With Papuan People Following Brutal Crackdown by Military in West Papua (westpapuamedia.info)
- Report by GKI on Third Papuan Congress and Declaration of Independence (westpapuamedia.info)
- ABC LATELINE: West Papuans attacked by Indonesian army (westpapuamedia.info)
- NZ Media ‘blindfolded’ over West Papua crisis, say critics (westpapuamedia.info)
Forkorus and colleagues must be treated fairly, says Komnas HAM
Following the creation of a special team to deal with the arrests, Ongge said that they had visited the homes of Daniel Kadepa, Max Sasay and Yacob Samonsabra who had also been arrested, in order to gather information about the killings and other acts of violence that followed the end of the Papuan Congress..The victims said they had been badly treated for two hours after the end of the Congress.
Forkorus who was able to meet members of Komnas HAM said: ‘As I was being arrested I was beaten and forcibly pushed onto a Baracuda. There was no way I could resist as the police struck me in the back with their weapons,’ he said, while showing marks on his body. Members of Kontras, Commission for the Disappeared and Victims of Violence were also witnesses to what happened to Forkorus.
Haris Azhar of Kontras said that the violence against the men who were arrested was a case of gross human rights violations. These acts of violence by members of the security forces against civilians, acting on behalf of the state and using facilities such a vehicles which were state property could be defined as gross human rights violations.
Members of Komnas HAM also visited other participants at the Congress who had also been taken into custody when many strange things had happened, including the discovery of people who had been killed . These matters have been raised with the chief of police. ‘None of these people offered any resistance when they were arrested,’ said Ridah Saleh of Komnas HAM.
Several sernior officials from Komnas HAM in Jakarta arrived in Jayapura to assist their local team and have met with members of the police force, as an indication of the seriousness with which the events following the Papuan Congress are seen in Jakarta.
Haris Azhar said: ‘We regard this as an example of the appalling treatment of Papuans by the security forces , an example of their discrimination and suppression.’
Selpius Bobii, a member of the organising committee of the Congress, also told journalists said none of those arrested were responsible for anything as it was he himself who as chairman of the Congress committee who accepts responsibility for everything that happened during the congress.
Meanwhile, a spokesman for the police told journalists that the police were now in the process of investigating the case and were currently interrogating a number of people as well as some witnesses who were on duty with the security forces at the time.
Related articles
- At Papuan Congress, a Brutal Show of Force (westpapuamedia.info)
- DPRP members say police and army chiefs should be held responsible for casualties (westpapuamedia.info)
- Responsibility to Protect: Statement regarding the shooting of civilians in Abepura on 19 Oct 2011. (westpapuamedia.info)
- Imparsial: Urges SBY to speedily resolve the Papua Problem (westpapuamedia.info)
- Neles Tebay calls for an end to repression and suppo (westpapuamedia.info)
AHRC: Manokwari Court acquits four Papuan students but sentences one more student with rebellion
ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME
Urgent Appeal Update: AHRC-UAU-046-2011
4 October 2011
[RE: AHRC-UAU-041-2011: INDONESIA: Manokwari court sentences two Papuan activists in flawed trial]
———————————————————————
INDONESIA: Manokwari Court acquits four Papuan students but sentences one more student with rebellion
ISSUES: Freedom of expression, Indigenous Peoples, Independence of Judges and Lawyers
———————————————————————
Dear friends,
The Asian Human Rights Commission (AHRC) has received updated information from the Institute for Research, Recognition and Development of Legal Aid (LP3BH) in West Papua regarding the sentencing of another Papuan student and the acquittal of four others in relation to their involvement in a peaceful protest on 14 December 2010. While the AHRC welcomes the acquittal of four of the seven victims brought before court the sentencing of the other three presents a violation of their right to freedom of expression. Concerns over the imprisonment of Mr. Bleskadit and the application of the rebellion charge against peaceful protesters in other cases in West Papua remain.
UPDATED INFORMATION:
In the urgent appeal on 23 June 2011 (AHRC-UAC-117-2011), the AHRC raised concerns about the rebellion charges against seven people, for organizing and participating in a peaceful protest and the raising of a West Papuan flag that symbolizes self determination. At the correctional facility, they were ill-treated and denied medical care for weeks resulting in serious health conditions. (photo: Melki Bleskadit in court, source:LP3BH)
On 18 August 2011, the Manokwari district court sentenced Melki Bleskadit (also known as Melkianus Bleskadit) to two years imprisonment. On 23 August 2011, Mr. Yenu was sentenced to seven months and 16 days imprisonment. The AHRC learned that the verdicts were declared based on a flawed process and issued an update AHRC-UAU-041-2011.
On 27 September 2011, the judges panel acquitted four of the five other Papuan students. According to the Manokwari court’s decision No: 84/Pid.B/2011/PN.Mkw, Mr Alex Duwiri and Mr John Wilson Wader were not guilty of acts of rebellion under article 106 jo, (in conjunction with) Article 55 and 56 of the criminal code. The Courts decision No. : 85/Pid.B/2011/PN.Mkw under the same charges declared Mr Panehas Serongon alias Panehas Sarongon and Mr Yance Sekenyap as not guilty. However, according to the latter decision, Mr Jhon Raweyai alias Joni was proven guilty for participating in the rebellion crime, and was sentenced to 9 (nine) months and 17 (seventeen) days imprisonment, most of which has by now already been served during pretrial detention.
The AHRC is of the opinion that the conduct of any peaceful protest is protected by the Indonesian Constitution and international human rights law applicable to Indonesia. Laying criminal charges against the protesters based on the content of the opinion shared violates the victim’s right to freedom of expression in this case. The relevant articles in the Indonesian Criminal Code that originates from the Dutch colonial period have to be reviewed and their further application halted. The AHRC has noted that several steps taken by the authorities have in the recent past aggravated tensions including the stigmatization many indigenous Papuans including activists as rebels. Many are charged and sentenced in flawed processes that lack impartiality and professional standards of judicial conduct, such as in the case of Mr. Bleskadit and Mr. Yenu. The perpetrators of such rights violations are rarely held accountable, which prolongs the use of the courts for political interests. In the cases of Mr Bleskadit and Mr. Yenu, no information regarding accountability actions against the perpetrators are known.
The court held four of the victims not guilty after they had spent approximately nine months in prison without proper access to medical care. Indonesian law entitles the victims to compensation for the deprivation of their liberty during detention and the health conditions they had to endure.
The AHRC has received reports from further sources that the security institutions in Manokwari and West Papua had earlier planned to undertake systematic efforts during 1-14 December 2011 to intentionally create a situation that would allow for the arrest of and criminal charges against protesters. According to the reports received this operation was planned to justify the ongoing stigmatization of indigenous Papuans with the view to scale up security operations. The AHRC urges an immediate investigation into these serious allegations to avoid repetition.
SUGGESTED ACTION:
Please write letters to the authorities listed below asking them to intervene in the case immediately to ensure that all allegations of institutional misconduct leading to wrongful deprivation of the victims liberty is investigated, that the victims are compensated and Mr. Bleskadit is released from his political imprisonment. All legal process must to be conducted in accordance with international norms.
Please be informed that the AHRC is sending letters on this case to to the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, the Special Rapporteur on the rights of indigenous people, and the Special Rapporteur on the independence of judges and lawyers.
To support this appeal, please click here: 
SAMPLE LETTER:
Dear ___________,
INDONESIA: Manokwari Court acquits four Papuan students but sentences one more student with rebellion
Name of victim: Jhon Raweyai, Penehas Serongan, Yance Sekeyab, Alex Duwiri, John Wilson Wader, Melki Bleskadit and Daniel Yenu
Names of alleged perpetrators: Police members, including guards of detention cell of Manokwari district police who arrested, detained and examined the victims, the prosecutor who examined this case
Date of incident: December 2010-September 2011
Place of incident: Manokwari, West Papua, Indonesia
I am writing to voice my deep concern regarding the conviction and sentencing of Jhon Raweyai at the Manokwari district court on 27 September 2011 and the ongoing imprisonment of Mr. Bleskadit for their involvement in a peaceful protest on 14 December 2010.
I know that on 14 December 2010, seven people were charged with rebellion after they had conducted a peaceful protest following a flag raising event. At the correctional facility, they were ill-treated and denied medical care for weeks resulting in serious health conditions.
Furthermore, I know that the Manokwari district court issued the verdict that two of the victims, Melki Bleskadit (also known as Melkianus Bleskadit) and Daniel Yenu, were guilty of acts of rebellion. On 18 August 2011, the verdict against Mr. Bleskadit was declared and he was sentenced to two years imprisonment. On 23 August 2011, Mr. Yenu was convicted to seven months and 16 days imprisonment. I am also aware that the verdicts were declared based on flawed process. Meanwhile, the other accused are still undergoing the trial process.
I was informed that on 27 September 2011, the judges panel acquitted four of the five other Papuan students. According to the Manokwari court’s decision No: 84/Pid.B/2011/PN.Mkw, Mr Alex Duwiri and Mr John Wilson Wader were not guilty of acts of rebellion under article 106 jo, (in conjunction with) Article 55 and 56 of the criminal code. The Courts decision No. : 85/Pid.B/2011/PN.Mkw under the same charges declared Mr Panehas Serongon als. Panehas Sarongon and Mr Yance Sekenyap as not guilty. However, according to the latter decision, Mr Jhon Raweyai als. Joni was proven guilty for participating in the rebellion crime, and was sentenced to 9 (nine) months and 17 (seventeen) days imprisonment, most of which has by now already been served during detention.
I am aware that the conduct of any peaceful protest is protected by the Indonesian Constitution and international human rights law applicable to Indonesia. Laying criminal charges against the protesters based on the content of the opinion shared by them violates the victim’s right to freedom of expression in this case. The relevant articles in the Indonesian Criminal Code that originated from the Dutch colonial period have to be reviewed and their further application halted. I am also aware that several steps taken by the authorities have in the recent past aggravated tensions including the stigmatization many indigenous Papuans including activists as rebels. Many are charged and sentenced in flawed processes that lack impartiality and professional standards of judicial conduct, such as in the case of Mr. Bleskadit and Mr. Yenu. The perpetrators of such rights violations are hardly held accountable, which prolongs the instrumentalisation of courts for political interests. In the cases of Mr Bleskadit and Mr. Yenu, no information regarding accountability processes against the perpetrators are known.
I am also concerned that the court held four of the victims as not guilty after they had spent approximately nine months in prison without proper access to medical care. Indonesian law entitles the victims to a compensation for the deprivation of their liberty during detention and the health conditions they had to endure.
I was shocked to hear about further reports that alleged that security operation were planned by some authorities in order to artificially create conditions that would allow the police to charge activists in various places of West Papua as rebels in order to maintain stigmatization and with the view to scale up security operations. Since many of the steps taken by authorities in recent years seem to aggravate the conflict in West Papua, I am very concerned about the approach of Indonesian institutions in West Papua.
Yours sincerely,
—————-
PLEASE SEND YOUR LETTERS TO:
1. Mr. Susilo Bambang Yudhoyono
The President of Indonesia
Jl. Veteran No. 16
Jakarta Pusat
INDONESIA
Tel: +62 21 3863777 / 3503088
Fax: +62 21 3442223
2. Head of Indonesian Police
Markas Besar Kepolisian Indonesia
Jl. Trunojoyo No. 3
Kebayoran Baru
South Jakarta 12110
INDONESIA
Tel.: +62 21 3848537 / 7260306 / 7218010
Fax: +62 21 7220669
Email: info@polri.go.id
3. The Minister of Law and Human Rights of the Republic of Indonesia
Jl. H.R. Rasuna Said Kav. 6-7
Kuningan, Jakarta 12940
INDONESIA
Tel: +62 21 5253006, 5253889, 5264280
Fax: +62 21 5253095
4. Mr. Basrief Arief
The Attorney General of Indonesia
Jl. Sultan Hasanudin No. 1
Kebayoran Baru, Jakarta 12160
INDONESIA
Tel.: +62 21 7221337, 7397602.
Fax: + 62 21 7250213
5. Head of Papua Regional Police
Jl. Dr. Sam Ratulangi No. 8
Jayapura
INDONESIA
Tel.: + 62 967 531834
6. Head of Division of Profession and Security of Papua Regional Police
Jl. Dr. Sam Ratulangi No. 8
Jayapura
INDONESIA
Tel.: + 62 967 531834
7. Head of National Commission on Human Rights of Indonesia
Jalan Latuharhary No.4-B,
Jakarta 10310
INDONESIA
Tel.: +62 21 392 5227-30
Fax: +62 21 392 5227
E-mail: info@komnas.go.id
8. Chairman of the National Police Commission (Kompolnas)
Jl. Tirtayasa VII No. 20 Komplek PTIK Jakarta Selatan
INDONESIA
Tel: +62 21 739 2352
Fax: +62 21 739 2317
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
Related articles
- AHRC: Manokwari court sentences two Papuan activists in flawed trial (westpapuamedia.info)
- Amnesty International Welcomes Release of Papuan Students in Manokwari (westpapuamedia.info)
- Four Papuan students acquitted of makar charges in Manokwari (westpapuamedia.info)
- Amnesty: Papuan Activist Imprisoned for Peaceful Political Activities (westpapuamedia.info)
- Seven months and 16 days for Dance Yenu (westpapuamedia.info)
AMNESTY INTERNATIONAL WELCOMES RELEASE OF PAPUAN STUDENTS IN MANOKWARI
Related articles
- Amnesty: Papuan Activist Imprisoned for Peaceful Political Activities (westpapuamedia.info)
- West Papua Report September 2011 (westpapuamedia.info)
- AHRC: Manokwari court sentences two Papuan activists in flawed trial (westpapuamedia.info)
- Four Papuan students acquitted of makar charges in Manokwari (westpapuamedia.info)
- Warinussy on the politics behind the recent conflicts in Papua (westpapuamedia.info)
Four Papuan students acquitted of makar charges in Manokwari
From Tapol
Four Papuan students acquitted of makar charges
According to report received today from the defence team of five Papuan students from UNIPA university, four of the five men have been acquitted by a court in Manokwari and will be released immediately.
They had faced the charge of makar – subversion – in connection with
their involvement in an event to mark the anniversary of the
proclamation of the Independence of the Republic of West Melanesia on
14 December last year.
The four acquitted men are Alex Duwiri, John Wilson Wader, Penehas
Serongan and Yance Sekeyab.
The fifth student, John Raweyai, who had jumped onto the platform to
speak on the issue was found guilty and sentenced to nine months, with
deduction for the time already served in detention.
Yan Christian Warinussy, a member of the defence team, described the
acquittal as a courageous decision by the panel of judges. He said that the men were the victims of mistaken arrest and investigation by the police who took them into custody.
Related articles
- Warinussy on the politics behind the recent conflicts in Papua (westpapuamedia.info)
- Amnesty: Papuan Activist Imprisoned for Peaceful Political Activities (westpapuamedia.info)
- Seven months and 16 days for Dance Yenu (westpapuamedia.info)
- Warinussy on importance of ILWP meeting in August (westpapuamedia.info)
AHRC: Manokwari court sentences two Papuan activists in flawed trial
Urgent Appeal Update: AHRC-UAU-041-2011
15 September 2011
[RE: AHRC-UAC-117-2011: Police ill-treats peaceful protesters and forces rebellion charges in a flawed process]
———————————————————————
INDONESIA: Manokwari court sentences two Papuan activists in flawed trial
ISSUES: Freedom of expression; right to fair trial
———————————————————————
Dear friends,
The Manokwari district court in West Papua has sentenced two peaceful activists to seven and a half months and two years imprisonment respectively. The trial was characterised by a series of violations of the Indonesian criminal procedure and appeared to be politicised and biased. The victims had participated in a peaceful protest in December 2010. The Manokwari Court ignored several basic rights of the accused and the verdict was given despite the lack of sufficient evidence. Five more victims are still undergoing their trial process.
UPDATED INFORMATION:
On 14 December 2010, seven persons were charged with rebellion after they conducted a peaceful protest following a flag raising event. At the correctional facility, they were ill-treated and denied medical care for weeks resulting in serious health conditions. The AHRC issued this urgent appeal regarding their case.
The AHRC has now received information from LP3BH, a local legal aid group in Manokwari that the judges panel led by Cita Savitri, issued the verdict that two of the peaceful protesters, Melki Bleskadit (also known as Melkianus Bleskadit) and Daniel Yenu, were guilty of acts of rebellion, while the other accused are still undergoing the trial process. (photos:Daniel Yenu (left) and Melki Bleskadit (right) in court, source:LP3BH)
On 18 August 2011, the verdict against Mr. Bleskadit was declared and he was sentenced to two years imprisonment. The AHRC also learned that the verdicts were declared based on flawed testimonies. At the trial of both victims, no witnesses to the alleged crime were presented and the judges declared a testimony from a person who had not seen, heard or experienced the incident as sufficient evidence for a criminal conviction. 
According to article 1.26 and 1.27 of the Indonesian criminal procedure law (Law 8/1981) such a person is not permitted to be a witness in a trial. Responding to the two year sentence, the public prosecutor, Mudeng Sumaila submitted an appeal, demanding a higher sentence of five years. (photo: public prosecutor at Yenu’s trial source:LP3BH)
On 23 August 2011, Mr. Yenu was convicted to seven months and 16 days imprisonment. At Mr. Yenu’s trial, the judge also convicted the suspect in a trial based on flawed procedure. For example, according to the victim’s lawyer the prosecutor successfully present fabricated evidence such as a megaphone that was not actually used by Mr. Yenu. On 16 August 2011, the judge forced Mr. Yenu to appear before the court trial session without access to his lawyer.
On 19 August 2011, the judges refused the request of Mr. Yenu’s legal counsel to submit the plea to the court, although the Indonesia’s criminal code in article 182.1b entitles the suspect to submit such a plea.
The AHRC is very concerned that local authorities in West Papua frequently apply rebellion charges to peaceful Papuan activists and sentence them in flawed processes that lack proper evidence. The Police, prosecution and judges have thus shown serious disregard for the basic criminal procedure standards and fundamental principles of rule of law. The verdict in this case appears to be quite blatantly fabricated. The AHRC deplores the dysfunction and apparent politicisation of courts in West Papua as this leaves people without access to the law-based and impartial justice mechanisms, they are entitled to. (photo: judges at Yenu’s trial, source:LP3BH)
SUGGESTED ACTION:
Please join us in writing to the authorities listed below, asking them to thoroughly review and examine the trial process against Mr. Bleskadit and. Mr. Yenu and to review the criminal code application against the peaceful expression of opinion.
Please be informed that the AHRC is sending letters on this case to the and protection of the right to freedom of opinion and expression, the Special Rapporteur on the rights of indigenous peoples, and the Special Rapporteur on the independence of judges and lawyers calling for their interventions.
To support this appeal, please click here:
SAMPLE LETTER:
Dear ___________,
INDONESIA: Manokwari court sentences two Papuan activists in flawed trial
Name of victim: Melki Bleskadit, Daniel Yenu
Names of alleged perpetrators: The examining judges, Cita Savitri, I Gusti Ngurah Taruna W and Helmin Somalay
Date of incident: August 2011
Place of incident: Manokwari District Court
I am writing to voice my deep concern regarding the verdict against two Papuan activists, who were sentenced to imprisonment for conducting a peaceful protest in December 2010.
I know that on 14 December 2010, seven persons were charged with rebellion after they conducted a peaceful protest following a flag raising event. At the correctional facility, they were ill-treated and denied medical care for weeks resulting in serious health conditions.
I have receive information that the judges panel led by Cita Savitri, declared the verdict that two of the peaceful protesters, Melki Bleskadit and Daniel Yenu, were guilty for acts of rebellion, while the other five victims are still undergoing their trial process.
On 18 August 2011, the verdict against Mr. Bleskadit was declared and he was sentenced to two years imprisonment. The AHRC also learned that the verdicts were declared based on flawed testimonies. At the trial of both victims, no witnesses of the alleged crime were presented and the judges declared a testimony from a person who had not seen, heard or experienced the incident as sufficient evidence for a criminal conviction. According to article 1.26 and 1.27 of the Indonesian criminal procedure law (Law 8/1981) such a person is not permitted as a witness in trials. Responding to the two year sentence, the public prosecutor, Mudeng Sumaila submitted an appeal, demanding a higher sentence of five years.
On 23 August 2011, Mr. Yenu was convicted to seven months and 16 days imprisonment. At Mr. Yenu’s trial, the judge also convicted the suspect in a trial based on flawed procedure. For example, according to the victim’s lawyer the prosecutor successfully present fabricated evidence such as a megaphone that was not actually used by Mr. Yenu. On 16 August 2011, the judge forced Mr. Yenu to appear before the court trial session without access to his lawyer.
I learned that on 19 August 2011, the judges refused the request of Mr. Yenu’s legal counsel to submit the plea to the court, although the Indonesia’s criminal code in article 182.1b entitles the suspect to submit a plea to the court.
I am very disturbed to hear that local authorities in West Papua frequently apply rebellion charges to peaceful Papuan activists and sentence them in flawed processes that lack proper evidence. The police, prosecution and judges have thus shown serious disregard for the basic criminal procedure standards and fundamental principles of rule of law in this case. The verdict appears to be fabricated and I am very concerned about the impartiality of the local courts and their disregard for Indonesian criminal procedure.
Therefore, I urge you to review and examine the trial process of both victims. The authorities concerned should look into the victim’s allegations of procedural failures in the local institutions and the ongoing lack of intervention – as far as I am aware – following the victims earlier complaints. The principle of fair trial as required by international and national law must be applied in the appeal’s process in the case of Mr. Bleskadit, Mr. Yenu and the ongoing trials of the other five accused.
Yours sincerely,
—————-
PLEASE SEND YOUR LETTERS TO:
1. Mr. Susilo Bambang Yudhoyono
The President of Indonesia
Jl. Veteran No. 16
Jakarta Pusat
Indonesia
Phone : +62 21 3863777, 3503088.
Fax : +62 21 3442223
2. Head of National Commission on Human Rights of Indonesia
Jalan Latuharhary No.4-B,
Jakarta 10310
Indonesia
Phone: +62 21 392 5227-30
Fax: +62 21 392 5227
Email : info@komnas.go.id
3. Office of The Anti Judicial Mafia Task Force (Satgas)
PO Box 9949
Jakarta 10 000
INDONESIA
Contact on website: http://www.satgas-pmh.go.id/?q=node/157
4. Chief Justice of the Republic of Indonesia
Mahkamah Agung
Jalan Medan Merdeka Utara No.9-13, Jakarta 10110
INDONESIA
Phone: +62 21 3843557 -3453348
Fax: +62 21 383541
5. Chairman of Judicial Commission
Komisi Yudisial Republik Indonesia
Jl. Kramat Raya No. 57, Jakarta Pusat
INDONESIA
Phone: +62 21 3905455;
Fax: +62 21 3905455;
Email: kyri@komisiyudisial.go.id
6. Head of Manokwari District Court
Jl. Merdeka No. 69
Nabire, Jayapura 98815
INDONESIA
Phone: +62 984 21007
Fax: +62 984 24087
7. Head of Jayapura High Court
Jl. Tanjung Ria No. 98. Base “G”
Jayapura 99117
INDONESIA
Phone: +62 967 541045, 541443, 541248
Fax: +62 967 541045
Yours sincerely,
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
Related articles
- Melkianus Bleskadit sentenced to two years (westpapuamedia.info)
- West Papua Report September 2011 (westpapuamedia.info)
Seven months and 16 days for Dance Yenu
JUBI, 24 August 2011
Dance Yanu has been sentenced to seven months and 16 days by a judge at the Manokwari court after being found guilty of makar (subversion).
Reporting the verdict, one of the defence lawyers, Simon Riziard Banundi, said that they were not convinced about the court’s verdict. ’We members of the defence team cannot accept the verdict passed by the judges. There is every reason to doubt their decision.’
Banundi said that his client should be released because the court failed to prove that he was guilty of makar (Rebellion or Subversion charges). The defendant’s colleague Melkianus Bleskadit has been found guilty of makar.
In a previous hearing at the court, the prosecutor asked for a sentence of five years. Dance Yenu was arrested together with Melkianus Bleskadit as they were unfurling a flag on the anniversary of Melanesian independence day on 14 December 2010.
Related articles
- LP3BH report on the trial of five students in Manokwari (westpapuamedia.info)
- Seven more Papuans facing charges of makar (westpapuamedia.info)
- West Papua: 5 Students Charged with Subversion for Raising 14-Star Flag || AK Rockefeller (aboriginalpress.blogspot.com)
- Melkianus Bleskadit sentenced to two years (westpapuamedia.info)
Kontras: SBY must prioritiser the Papuan problem and stop the Escalation of Violence
THE PRESIDENT MUST GIVE PRIORITY TO REACHING A DIGNIFIED SOLUTION TO THE PAPUAN PROBLEM AND TO PREVENTING THE ESCALATION OF VIOLENCE IN PAPUA
There are fears that the prospects for peace in the land of Papua will become increasingly difficult for three reasons. The first is the escalation in the level of violence that has been disrupting the situation in Papua. The second is the total lack of accountability regarding security operations in Papua by the TNI, the Indonesian army, and Polri, the police force., and the third is the ambivalence in the President’s attitude towards the Papuan problem. If nothing is done
about these three problems, it can lead to activities that would be counter-productive for achieving a dignified solution to the Papuan situation.
The first problem, the latest in the occurrence of acts of violence in Papua, happened on Sunday, 21 August when a man named Das Komba, 30 years old, was found dead, having been murdered near his garden. Prior to this, there was information that the TNI in Arso would be holding training exercises near this man’s garden. Two women who usually garden nearby had met several people who were thought to be members of the TNI somewhere near the garden. This led to people in the vicinity becoming very fearful and feeling very unsafe. The killing came on top of a spate of incidents of violence and killings [altogether nine during August] that have occurred in Papua, particularly in the wake of the Papuan Peace Conference .
The second problem relates to the deployment of TNI forces and the role of Polri in Papua. The deployment of troops is not related to any political decision by the President or the Indonesian parliament, the DPR RI, but was promoted by the TNI. Such a political move should be accompanied by a clear mechanism for accountability as provided for in our laws. It is therefore abundantly clear that the security operations by the TNI are illegal and are in breach of the regulations. The government should have learnt from past experience in Aceh and Timor-Leste that the security approach never solves problems but only
intensifies the issues, making any solution even more difficult.
The illegal use of TNI forces also provides more evidence of the weak role of Polri in taking charge of security in Papua. Polri is increasingly showing that it lacks confidence in itself and its incapacity to take charge of security, in accordance with its mandate as stipulated in the Law on Polri. The government should be providing as much support as possible for the role of Polri in safeguarding security for the general pubic with the use of persuasive methods.
Aother problem that is no less important is the recent leak of Kopassus operational documents which drew attention to the huge role of intelligence and to the clarification of the TNI’s active role in pursuing the security approach in Papua.
The third problem relates to the attitude of the government, in particular the ambivalence of the President. In a series of interviews, the President has spoken about achieving wellbeing for Papua. But on the other hand, security continues to be the main approach and is not accompanied by any overall correction to security operations that do not promote the safety and sense of security of the people in general.
We therefore make the following demands:
1. The President of Indonesia should hold dialogue with the Papuan people representing all the interests of the Papuan people . This should be done in a dignified manner and should respect basic human rights.
2. The President of Indonesia should adopt a firm attitude to stop all the polemics going on among his ministers and pursue a single policy for Papua. The policy should be directed towards a model for solving the conflict and not just consist of speculations and stigmas.
3. The government should put an end to the continuing acts of violence and killings that have been occurring in Papua and make an evaluation of the presence and deployment of TNI forces, while maximising the role of Polri as the ones who are responsible for security.
4. All sides should play an active part in halting all forms of violence which can only have a negative impact on the peace process which is what the general public wants to happen.
Jakarta, 23 August 2011
Kontras: Commission for the Disappeared and the Victims of Violence
Related articles
- Comments on ICGs Hope and Hard Reality in Papua: (westpapuamedia.info)
- Violence is being perpetrated to reinforce merdeka aspirations (westpapuamedia.info)
- Acts of violence are damaging the Papuan people, says DPD member (westpapuamedia.info)
- Violence Continues in Papua, Soldier Murdered (westpapuamedia.info)
- How the Papuan people Continue to Unite in Resistance: Victor Yeimo Interview (westpapuamedia.info)
Comments on ICGs Hope and Hard Reality in Papua:
Comments on
Hope and Hard Reality in Papua: An Update Briefing on the conflict in West Papua by the International Crisis Group (22 August 2011)
(ICG full PDF report available at:
http://www.crisisgroup.org/en/regions/asia/south-east-asia/indonesia/B126-indonesia-hope-and-hard-reality-in-papua.aspx )
Jason MacLeod 23 August 2011
Introduction
The recent ICG report into conflict in West Papua, Hope and Hard Reality in Papua highlights the growing strength of the civilian based movement in Papua. It also points to contradictory developments. On the one hand there is an opening of political space, illustrated by the fact that the conference happened at all and that no topic was off the table. On the other hand, the report details ongoing violence in Puncak Jaya, demonstrating that the presence of the security forces only exacerbates violence as well as highlighting the enduring appeal of armed struggle by a small and hardcore group of Papuans. Hope and Hard Reality in Papua also outlines 44 “indicators of peace” developed during the conference. While still partial these indicators give tangible content to Papuan aspirations for freedom. This content echoes many of the demands made by Papuan youth, student, women’s groups, farmers, pastors, and Adat groups in recent years. Indicators like the “freedom of expression” and “the release of all political prisoners” bring into sharp focus the fact that Papua still remains an nondemocratic enclave of the Republic of Indonesia.
Summary of the report
The recent ICG report on West Papua, Hope and Hard Reality is structured in three sections: the peace conference held in Jayapura in early July 2011; an analysis of the recent spike in violence in the remote and rugged Puncak Jaya district in the highlands of West Papua; and, an evaluation of the extent to which a series of indicators developed during the peace conference could be used to resolve the conflict in Puncak Jaya. The report underscores a key policy recommendation currently sitting on the Cabinet Secretary desk – that the long-delayed new Unit to accelerate development in Papua, Unit Percepatan Pembangunan di Papua dan Papua Barat, known by its Indonesian acronym as UP4B, include a mandate to address political as well economic issues.
The report underscores an opportunity and threat. The opportunity is that there are some key high-level Indonesian allies, including advisors to the Indonesian government and a former Indonesian military officer, who understand that a political as well as economic solution to Papua’s problems is needed. The threat is two-fold. The first is that security operations continue in Papua. This is despite an extraordinary admission by Major-General (Ret.) TB Hassunuddin, deputy head of the Indonesian Government’s parliamentary Commission 1 responsible for security affairs, that all current operations to “hunt down OPM leaders are … illegal”. According to Hasunuddin this is because they do not carry the consent of parliament as stipulated by Law 34/2004 on the Indonesian Armed Forces. The General’s comments illustrate the lack of political will in Jakarta to rein-in the security forces in Papua. This last point relates to the second threat, summarised in the ICG report as “Jakarta’s indifference to indigenous Papuan concerns”.
The Papua Peace Conference and indicators of a peaceful Papua developed during the Conference
The Peace Conference was organised by the Jaringan Damai Papua or Papua Peace Network, a group organised by Dr. Neles Tebay or Pater (Father) Neles Tebay as he is known, and Muridan Widjojo, an Indonesian scholar with the Indonesian Institution of Sciences (LIPI) who was the editor of the Papua Road Map published in 2009. Tebay and Widjojo were previously involved in separate dialogue initiatives but have now decided to combine their efforts. The JDP itself is made up of key individuals, all members of different Papuan civil society groups, but attending as individuals not as representatives of their group or organisation. Both migrants and indigenous Papuans are members.
For me, three things stand out about the conference and the ICG’s summary report on the conference.
The first is that it happened at all. It was neither prevented from occurring by the military nor disrupted by protests. It was also attended by a senior minister of the Yudhuyono’s government, Djoko Sujanto, the Coordinating Minister for Politics and Law, and twenty senior bureaucrats from the various ministries that Sujanto coordinates. This in itself is a sign, albeit a small one, that the Indonesian president may be paying more attention to Papua.
Second, the conference clearly underscored Papuans desire for independence. This can be seen in the final declaration of the conference which outlined a criterion for negotiators and nominated five Papuan Diaspora negotiators, all from the Pro-Independence camp, as well as from an incident during the conference itself. When the Provincial Army Chief of Staff, Erfi Triassunu got up to speak he invited the participants – who were virtually all Papuans – to chant “Papua damai” (Peaceful Papua). Instead the crowd responded as one: “Papua Merdeka!” (Free Papua!). Perhaps not the response the General anticipated.
Third, although the report does not dwell on this, it does suggest that there are still key sectors of the Papuan population that are still not actively engaged in the struggle. These are Papuan politicians, the civil service (who the report acknowledges are engaging in a kind of passive noncooperation illustrated by the fact that in Puncak Jaya for instance, only 30 or an approximate 2000 strong workforce even show up for work); workers, particularly those in the resource extractive industries; and members of church congregations.
Fourth, and this is the most significant in my view, is that the conference produced a list of indicators of a peaceful Papua. Together these indicators are the clearest articulation of the “contents” of a New Papua that we have ever seen. Not only do they constitute a vision of tomorrow they may have important implications for the civil resistance movement. The ICG report argues that the indicators could be used to formulate policy direction for the central and provincial governments. The word “indicators” reflects the language of government and aid and development donors. However, many of the indicators mirror (and in some cases refine) an emerging set of campaign objectives that civil resistance leaders might organise around. In some cases, such as freeing political prisoners, Papuans they are already organising for change. Papuan activists could well use the “indicators” to pursue, and even set, the agenda for change.
Armed Struggle
The report also devotes significant attention to violent insurgency in the Puncak Jaya region by one of the few active units of the TPN-PB (Tentara Pembebasan Nasional di Papua Barat or the West Papuan National Liberation Army). Five things are worth highlighting from the report. First, Papuan guerrillas in Puncak Jaya, and elsewhere in West Papua are poorly armed. The report estimates that Goliat Tabuni’s group in Puncak Jaya has about 30 guns. This reflects the assessment of the armed struggle contained in the recently released Kopassus (Indonesian Special Forces) document leaked by the Sydney Morning Herald. Second, there are very low levels of participation in the armed struggle. Although virtually the entire indigenous population of Puncak Jaya has kinship connections with the TPN there are only a handful of active members. Third, the violence is not just one-sided or in response to Indonesian military attacks. Tabuni and his men, and in some cases other aspiring commanders also initiate attacks on the Indonesian military, not in direct response to Military violence, but to increase their own reputation and prestige. Fourth, Tabuni’s group itself is split into three leadership groups which are sometimes compete and clash with one another. This reflects the fractious state of the TPN elsewhere in Papua. Finally, the ICG report makes it very clear that violence in Puncak Jaya, some of which is also linked to inter-clan competition, is exacerbated by the presence of the security forces.
Theories of Change
Although it is not picked up in the report, Hope and Hard Reality in Papua underscores a battle of ideas underway in Papua. This discussion is essentially about how change (freedom) will be won. It is less a contest between armed struggle and peaceful ways of resolving the conflict. Despite the spike in violence (most of which was perpetrated by the security forces) there is little popular support for armed struggle. The contest is mostly between and within proponents of two different competing theories of change: those who believe dialogue, negotiation or other conventional political processes will secure Papuan aspirations for freedom and those who advocate mass mobilisation or civil resistance. The majority of Papuans still invest in the hope that conventional political processes – either diplomacy (by Papuan representatives of various resistance groups), an inclusive dialogue process of the kind envisioned by Tebay/Widjojo and the JDP, or a legal challenge to Indonesian government sovereignty in Papua – will be able to resolve the conflict. I don’t think there is any real indication that these acts of persuasion will compel Jakarta to sit at the table.
On the civil resistance side are Papuans who argue that a conventional political process is naïve. This group claims that Jakarta will only make key concessions when they are compelled to do through mass nonviolent disruptions that raise the political and economic costs of the status quo. Within the civil resistance camp there is also a subtle difference between those whose methods are based around street protests and those who are seeking to organise a much broader base and support them to be active through a much more diverse range of nonviolent tactics than demonstrations.
The fact that KNPB (Komite Nasional Papua Barat or the West Papua National Committee) organised a demonstration attended by thousands on 2 August in support of an conference about a legal challenge to the Act of Free Choice that was happening in Oxford at the same time, shows that there is growing understanding that a conventional political strategy needs a mass movement. Although, there are still widely held unrealistic expectations that dialogue and/or a legal strategy will bring about independence in the near future.
Then there is also tension around goals. The radical student and youth groups, WPNA (West Papua National Authority) and KNPB, as well as Benny Wenda in London (who heads up the International Lawyers for West Papua, the group who is spearheading the legal challenge) are pushing for a referendum. They see the JDP and calls for peaceful dialogue in opposition to the demand for a referendum. Despite these real differences and tensions the report (and recent events inside Papua) suggest that there is growing recognition that a mass movement and dialogue are not incompatible. Some are starting to say that civil resistance helps creates the conditions for dialogue. In fact the report seems to suggest that last year’s occupation of the Provincial Parliament in Jayapura helped widen the proposed mandate of the UP4B.
Allies
The ICG report also demonstrates that there are is a small but influential group of allies inside Indonesia who while not countenancing independence for Papua, do support real and significant political changes. In addition the report mentions but does not dwell on the fact that there are key non-Papuans inside Papua (who are members of the JDP) that support Papuan political goals.
Conclusion
The report illustrates the growing maturity of the civilian based movement inside Papua. The development of 44 indicators of a peaceful Papua around the themes of politics, law and human rights, economics and environment, security, and social-cultural rights all point to a closer linkage between civil resistance and conflict resolution approaches to change in Papua. The belief that civil resistance is not in conflict with but rather supports dialogue was made by Chris Waranussy, a prominent human rights lawyer in Papua. The most significant thing about the recent peace conference in Jayapura is that it has supported Papuans to more fully articulate the contents of freedom. It also underscores the mainstream Papuan desire for independence. In this sense the gulf between different positions in Jakarta and Jayapura, and the different perceptions of the problems in Papua, remains wide. A fact illustrated by what is going on in Puncak Jaya and the Indonesian military’s response.
Related articles
- Violence Continues in Papua, Soldier Murdered (westpapuamedia.info)
- Security measures escalate in Papua (westpapuamedia.info)
- AWPA: Time to rethink ties with Kopassus. (westpapuamedia.info)
- West Papua Report August 2011 (westpapuamedia.info)
- Indonesian Army shoot mother and 3 children in “crossfire” in Kalome, West Papua, as offensive escalates (westpapuamedia.info)
Freedom Now Welcomes Call of 26 Members of U.S. House for Release of Papuan Filep Karma
August 22, 2011
Contact: Fred Fedynyshyn
+1 202-637-6461
Today, a bipartisan group of 26 members of the United States House of Representatives, led by Reps. Joseph Pitts (R-PA) and James Moran (D-VA) requested that President Susilo Bambang Yudhoyono of Indonesia release Papuan human-rights advocate Filep Karma. In the letter, attached, the Representatives declared:
Mr. Karma’s case represents an unfortunate echo of Indonesia’s pre-democratic era, when Indonesia regularly imprisoned political activists on unlawful grounds…. We urge your government to uphold its commitments to international law and to its own domestic law and immediately and unconditionally release Mr. Karma.
Other signatories to the letter included members of the House’s Committee on Foreign Affairs, Chris Smith (R-NJ), Dana Rohrabacher (R-CA), and Eni Faleomavaega (D-AS); and co-chairs of the Tom Lantos Human Rights Commission, Jim McGovern (D-MA) and Frank Wolf (R-VA).
Freedom Now attorney Sachi Jepson stated: “We, along with an international community of supporters, are heartened by the House’s efforts to restore justice and health to Mr. Karma. We sincerely hope the Government of Indonesia will bring an end to Mr. Karma’s unlawful detention and that he can return to his family at long last.”
Mr. Filep Karma, 52, is a prominent Papuan political activist and former Indonesian civil servant who is serving a fifteen-year prison sentence for his peaceful human rights advocacy. He was arrested on December 1, 2004, for organizing and participating in a ceremony at Trikora Field in Abepura, Papua, where hundreds gathered to raise the Papuan Morning Star flag and celebrate the anniversary of the 1961 Papuan declaration of independence from Dutch rule. Although Mr. Karma has explicitly denounced the use of violence, he was charged with treason and sentenced to fifteen years in prison. His wrongful arrest, detention, and trial violate Indonesian law and Indonesian obligations under international law. Mr. Karma is an inspirational leader of nonviolent human rights advocacycurrently suffering respiratory infections and abdominal pains while being denied medical attention.
Freedom Now welcomes the support of these Representatives and joins them in calling on President Yudhoyono to release Mr. Karma and urging the Indonesian government to comply with its commitments under international law and its own constitution.
—-
Congress of the United States
Washington, DC 20515
August 19, 2011
Dr. H Susilo Bambang Yudhoyono
President of the Republic of Indonesia
Istana Merdeka
Jakarta 10110
Indonesia
Your Excellency:
As Members of the House of Representatives of the United States Congress, we write asking your government to release Filep Samuel Karma, a Papuan political activist and former civil servant, who has been unlawfully and arbitrarily detained since 2004.
Mr. Karma is a prominent non-violent Papuan political activist. He is currently serving a 15- year prison sentence following his raising of the Papuan Morning Star flag at a 2004 political rally celebrating the 1961 Papuan declaration of independence from Dutch rule. U.S. policy towards Indonesia supports the advancement of universal human rights and the fair and nondiscriminatory treatment of all people, which includes the peoples of Papua and West Papua. As a strategic partner, we remain concerned that your government meet its fundamental obligations to protect the rights of its people, as respect for human rights strengthens democracy.
Mr. Karma’s trial violated international standards of due process of law. For example, the judge made several plain statements indicating a bias against Mr. Karma. Additionally, Mr. Karma’s appeal was rejected on unfounded procedural grounds. And during his incarceration, he has suffered degrading and inhumane treatment, including the denial of necessary medical treatment. Recently, Mr. Karma has been placed in an isolation cell that is causing respiratory problems and has been denied adequate food and water. Additionally, Indonesian authorities have repeatedly threatened to move Mr. Karma to Nusa Kambangan Prison, which reputedly has the worst prison conditions in Papua.
Mr. Karma’s case represents an unfortunate echo of Indonesia’s pre-democratic era, when Indonesia regularly imprisoned political activists on unlawful grounds. Indeed, Mr. Karma’s case was cited in the United States State Department 2009 Human Rights Report as an example of Indonesia’s detention of political prisoners. Accordingly, Mr. Karma’s release would be a welcome indication of the Government of Indonesia’s otherwise robust commitment to democracy and human rights.
We urge your government uphold its commitments to international law and to its own domestic law and immediately and unconditionally release Mr. Karma.
Sincerely,
Joseph R. Pitts
James P. Moran
Frank R. Wolf
James McGovern
Jim McDermott
Christopher Smith
Heath Shuler
Steve Cohen
Chellie Pingree
Henry A. Waxman
Tammy Baldwin
Edolphus Towns
Carolyn B. Maloney
Lloyd Doggett
Michael M. Honda
Bob Filner
Janice D. Schakowsky
Thaddeus McCotter
Barney Frank
Steven R. Rothman
Jesse L. Jackson, Jr.
Sam Farr
Dana Rohrabacher
Edward J. Markey
Maurice D. Hinchey
Eni F.H. Faleomavaega
Related articles
- Filep Karma Refuses Indonesia’s Remission (westpapuamedia.info)
- West Papua Report June 2011 (westpapuamedia.info)
- Sorry: Indon Army Backs Down Over Threats (westpapuamedia.info)
- AMNESTY INTERNATIONAL: Indonesia must end criminalization of peaceful political protests in Papua (westpapuamedia.info)
Melkianus Bleskadit sentenced to two years
JUBI, 19 August 2011
Melkianus Bleskadit was sentenced yesterday in Manokwari court to two
years for his role when the 14-star flag was raised.
A day earlier, the prosecutor asked for him to be sentenced to five
years. The prosecutor has announced that he will mount an appeal against
the verdict.
In a report made public by the human rights lawyer Yan Christian
Warimnussy it was stated that Melkianus was arrested along with Dance
Yenu for flying the 14-star flag to mark the anniversary of independence
for ‘West Melanesia ‘ on 14 December 2010.
In a comment on the verdict, Yan Christian Warinussy who was also a
member of the defence team, said that while the judges had taken a good
decision by limiting the punishment to the criminal element of the
incident, indicating that he was not willing to go as far as the
prosecutor, in the end his client had been given a much higher sentence.
According to past experience involving the case of Jacob Wanggai and his
colleagues, the judges had passed a shorter sentence which was
subsequently increased at the request of the prosecutor, resulting in a
far higher sentence.
He also said that the defendant had been held in a cell of the Manokwari
prosecutor at the Manokwari prison in breach of the law. He said that
both the judge as well as the chief prosecutor had obstructed his
client’s release to the moment when the high court judge could decide on
extending the period of the appeals detention which should have ended
on 19 August.
The three hours of freedom that his client should have enjoyed had been
denied him by the decisions of the prosecutor and the judge. Moreover,
there was a show of force when a company of police security officers as
well special intelligence personnel stood on guard round Bleskadit at
the office of the prosecutor. He said that the the lack of
professionalism by both of these institutions had resulted in his client
being deprived of his basic rights.
Related articles
- LP3BH report on the trial of five students in Manokwari (westpapuamedia.info)
- AMNESTY INTERNATIONAL: Indonesia must end criminalization of peaceful political protests in Papua (westpapuamedia.info)
- Seven more Papuans facing charges of makar (westpapuamedia.info)
- West Papua: 5 Students Charged with Subversion for Raising 14-Star Flag || AK Rockefeller (aboriginalpress.blogspot.com)
Buchtar Tabuni released from prison
Buchar Tabuni was released from Abepura prison on August 17 in Jayapura, West Papua. He was imprisoned after taking part in a peaceful demonstration in October 2008 supporting the launch of the International Parliamentarians for West Papua (IPWP) in the UK Parliament.
Many other political prisoners remain in prison, including Filep Karma, serving 15 years for raising the banned Morning Star flag.
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More to come.
Related articles
- Buchtar: Some Papuan political prisoners dont receive enough attention (westpapuamedia.info)
- Photo Report: Mass ralllies show Papuans refuse to accept Indonesian Occupation (westpapuamedia.info)
Comprehensive Report of Human Rights Violations in Papua since 1969
Jayapura: With the help of an NGO in the USA and the European Union, ELSHAM-Papua has drawn up a comprehensive report of cases of human rights violations that have occurred in West Papua during the period since it became part of the Republic of Indonesia.
ELSHAM co-ordinator in Papua, Ferdinand Marisan S.Sos told Bintang Papua that they had already completed their collection of data.
‘We have collected data about human rights violations in Papua from the year 1969 up to 2010,’ he said. He said that they had been doing the work since February this year and had completed it in April.
They are now going through the process of putting all the data together in a book. ‘We plan to produce the data in a book which we hope to publish in October this year.’
He said that the compilation had been done together with the ICTJ, the International Center of Transitional Justice, a body that has the support of the European Union.
brutality, genocide, human rights, Impunity, indonesia, Indonesian State Violence, Kopassus, Kostrad, Puncak Jaya, Tingginambut, TNI, torture video, village burnings, Wamena, Indonesian National Armed Forces, Papua, Free Papua Movement, YouTube, farcical trial
Related articles
- WPAT: Letter to Secretary of State Clinton on West Papua (westpapuamedia.info)
- Komnas HAM meets army commander to discuss rights violations (westpapuamedia.info)
- Decisions of Peace Conference still awaiting the OPM, says Tebay (westpapuamedia.info)
- Indonesian Army shoot mother and 3 children in “crossfire” in Kalome, West Papua, as offensive escalates (westpapuamedia.info)
