Month: December 2010

Lawyer, five students and others arrested in Manokwari

Above Photos: Assault & Arrest of Melki Bleskadit, Rev. Daniel and 6 youth Human Rights and Democracy Papuan Student Activists.
Names: Jems Aisoki, Yakonias Imbiri, Wilson Wader (Secretary of Youth Solidarity for Melanesian West Papua), Edi Kogoya, and two Youth Activist Students whose identity is not yet known. (trans)

In both cases, the reports have been abridged in translation by TAPOL

According to a report received this morning (14 December) from LP3BH,
the legal aid and investigation institute based in Manokwari, a member
of their lawyers team has been arrested by the police while he was
involved in monitoring a flag-raising incident on Tuesday, 14 December.

As reported by Yan Christian Warrinussy, executive director of the
LP3BH, the flag-raising is  an event held every year on 14 December to
mark the  anniversary of the independence proclamation by the West
Melanesian Council 22 years ago [in 1988] by Dr Thomas Wanggai [who died
shortly thereafter]

This year's anniversary flag-raising took place outside the office of
the Manokwari district office, under the leadership of Melkianus
Bleskadit, who was subsequently arrested by the police, acting on the
orders of police chief Agustinus Supriyanto . The Rev. Dance Yenu and
five others, all students were arrested, apparently for unfurling a flag.

A member of the institute's  human rights defenders team, Simon Risyard
Banundi, was arrested while monitoring the event, as part of the LP3BH's
human rights activities. Banundi is also a member of the Indonesian
organisation of lawyers, PERADIN which is the oldest lawyers
organisation in Indonesia.

The institute says that his arrest is in clear violation of article 17
of the criminal procedural code, Law 39/1999 on Human Rights, and Law
18/2003 on Lawyers and the International Convention on Human Rights
Defenders as well as the Universal Declaration of Human Rights.

In a subsequently message, Warinussy  described the action by the
police  as being 'very arrogant', and  pointed out that Banundi, who has
been working as a member of the staff of the LP3BH for a year, has
frequently issued statements that are very critical  of the activities
of the police as well as the army, in response to their efforts to
reform both the police and the army, and critical in particular the
police special force, Brimob in Manokwari who are often seen drinking
alcohol with local people while bearing weapons that belong to Brimob.
On several occasions, they  are heard firing these weapons into the air.

Since his arrest this morning and up until 8pm, Simon Banundi has not
yet been interrogated because he is refusing to answer any questions as
he has no lawyer to accompany him. Nor have the police given any reason
for Simon's arrest.

In the opinion of PERADIN, his arrest is unlawful because he was in the
course of performing his duties a human rights defender

The flag-raising event is also reported in today's Bintang Papua though
they have not yet reported the arrest of Simon Banundi. The paper did
however report that the security forces had mustered a large number of
personnel, saying that they 'would not tolerate any unfurling of the
flag'. No fewer that 999 personnel were deployed in anticipate of the
event.

The paper reports that the deployment of special forces has been under
way for four days 'in order to ensure that the general public can
proceed with their activities without hindrance' according to the
police in the capital city of Jayapura , as well as along the border
with PNG, in order 'to guard vital places such as the governor's office,
the DPRP's headquarters and other places.
5

Abepura prison director, staff, accused of violence towards prisoners

 

[Slightly abridged in translation]

Bintang Papua, 13 December 2010

Director of Abepura Prison and 14 of his staff accused of acts of 
violent towards prisoners

There is still no clear information with regard to two cases of violence 
that occurred in Abepura Prison in the past month and it is hoped that 
the police will carry out a serious investigation in order to  explain 
these two incidents that have led to the security forces conducting 
sweepings throughout the district of Abepura. The need for a more 
humanitarian approach in dealing with the victims of these actions was 
stressed during a press conference  held by Forum of People's Democracy 
(Forem) in Abepura on Monday.

The series of incidents included the shooting in Nafri and the enforced 
removal of five prisoners, Filep Karma, Buchtar Tabuni, Dominggus 
Pulalo, Lopez Karubaba and Eni Elopere which has raised questions by 
Forem, particularly why the men were forcibly transferred to police 
custody and to explain what their present status is.

Two of the prisoners are political  prisoners while the other three are 
being held on criminal charges.

The five men were transferred by the police on Friday, 3 December at 
around 11pm, on the orders to Abepura prison director , Berthy Sitinjak. 
Up to this day, the prison authorities have failed to  tell them the 
reason for their having being transferred to police custody. All the 
focus has been on the five men having allegedly provoked  others in the 
prison to  destroy things in the prison on that Friday afternoon. 
According to the prisoners themselves, these acts of destruction were an 
expression of their feelings of dissatisfaction with the attitude of the 
prison director who failed to tell them why five of their co-prisoners 
had fled from the prison on the same day at about 12 noon.

One of the men, Wiron Wetipo, was shot dead while Filep Karma and 
Buchtar Tabuni tried to calm people down, and asked to meet the director 
of the prison for  an explanation as to what happened to the prisoner 
who was shot dead in Tanah Hitam.

According to Forem, as stated by Simon Yumame, Dominggus Pulalo, Lopez 
Karubaba and Eni Elopere were not involved in damaging prison 
facilities, yet even so, they were maltreated by prison director Berthy 
Sitinjak  along with 14 members of his staff. These actions resulted in 
a damaged ear for Dominggus Pulalo and swellings on his head  as a 
result of being kicked repeatedly  all over this body.

According to Filep Karma and his co-prisoners, the five men who fled 
from the prison on Friday were criminal prisoners and were in no way 
connected with any political activities or the OPM. They had simply 
spent their time in the prison learning new skills and growing vegetables.

Forem has therefore urged the prison director Berthy Sitinjak and the 
deputy director of law and human rights to take responsibility and to 
ensure the return of the five prisoners so that they can serve the 
remainder of their sentences in Abepura Prison.and to explain publicly 
why the five prisoners were shot at even though they had been able to 
flee from the prison at a time when it was being heavily guarded. Forem 
also calls on the minister for law and human rights and the 
Diretor-General of  prisons to take firm action against the director of 
the prison for the arbitrary acts of violence taken against the 
prisoners in Abepura Prison.

According to Forem, at their press conference,  the prison authorities 
have shown that they are incapable of giving proper guidance to the 
prisoners; on the contrary, they  have caused widespread anxiety among 
the prisoners against the police and army for opening fire on prisoners 
that resulted in the death of Wiron Wetipo.

These two serious incidents, the shooting in Nafri and the flight of the 
prisoners, means that the army and the police should conduct a full 
investigation into the Nafri shooting and other matters, that violence 
should not be resorted to and they should behave in a more professional 
way and in accordance with the law, so as not to create an atmosphere of 
fear among the  prisoners.

The prisoner director, when asked about the accusations being made 
against his staff for using violence in the prison, showed no interest 
in the matter, saying simply that it was okay for the  prisons to 
express their views about allegations that the prison staff used 
violence. The truth was, according to him, that they had thrown things 
around in the prison office. 'Which is why was they have been moved to 
police custody for their involvement in the events of 3 December, and 
their cases are now being taken forward by the police.
2

HRW: Indonesia: Explain Transfer of Imprisoned Activists

Human Rights Watch logo
Image via Wikipedia

http://www.hrw.org/en/news/2010/12/10/indonesia-explain-transfer-imprisoned-activists

Release All Political Prisoners
December 10, 2010

“Prisoners have rights too, and ignoring those rights is no way to celebrate Human Rights Day. The authorities should explain why Filep Karma and Buchtar Tabuni have been thrown in a police lock-up and denied access to lawyers.”

Elaine Pearson, deputy Asia director at Human Rights Watch

 

(New York) – The Indonesian authorities should immediately allow two Papuan political prisoners and three others to fairly contest their transfer from prison to a police headquarters and permit them access to their lawyers, Human Rights Watch said today. Filep Karma, 51, and Buchtar Tabuni, 31, have been held at the Jayapura police station in West Papua since being brought there a day after a riot at Abepura prison on December 3, 2010.

On international Human Rights Day, Human Rights Watch also reiterated its call for the Indonesian government to free immediately the more than 130 Papuan and Moluccan activists imprisoned for peacefully voicing political views, and to reform laws and policies to protect freedom of expression.

“Prisoners have rights too, and ignoring those rights is no way to celebrate Human Rights Day,” said Elaine Pearson, deputy Asia director at Human Rights Watch. “The authorities should explain why Filep Karma and Buchtar Tabuni have been thrown in a police lock-up and denied access to lawyers.”

The Jayapura police chief, Commissionaire Imam Setiawan, told the media that the police had “secured” Karma and Tabuni at the Jayapura police station for provoking a riot that occurred at Abepura prison following an attempted prison break on December 3 in which a prisoner was shot and killed. Karma and Tabuni informed Federika Korain of the United Papuan People’s Democracy Forum (FORDEM) that they were transferred to the police station without being told that they had committed an offense.

Under the United Nations Standard Minimum Rules for the Treatment of Prisoners, “[N]o prisoner shall be punished unless he has been informed of the offense alleged against him and given a proper opportunity of presenting his defense.”

Since being taken to the police station, Karma and Tabuni have requested access to their legal counsel but have been refused. On December 8, Karma’s lawyer, Harry Masturbongs, came to the station but was not allowed to meet with his client. The police have also refused to let Karma’s family visit him.

According to the UN Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, an “imprisoned person shall be entitled to communicate and consult with his legal counsel.” The rights of an “imprisoned person to be visited by and to consult and communicate, without delay or censorship and in full confidentiality, with his legal counsel may not be suspended or restricted save in exceptional circumstances, to be specified by law or lawful regulations, when it is considered indispensable by a judicial or other authority in order to maintain security and good order.”

On December 9, Indonesian President Susilo Bambang Yudhoyono opened the third Bali Democracy Forum, which is aimed at promoting regional international cooperation to foster democracy and political development among countries in Asia. President Yudhoyono said in his opening speech, “There are a lot of variants of democracy but there must be universal values and spirits within the democracy itself.” Human Rights Watch called on the Indonesian government to respect the basic right to free expression, as laid out in the International Covenant on Civil and Political Rights, which Indonesia ratified in 2006.

“Holding political prisoners is embarrassing and totally out-of-step with the image of a modern democratic state that Indonesia is trying to project,” Pearson said. “President Yudhoyono should show his commitment to basic rights by freeing people imprisoned for the peaceful expression of their political views, including Filep Karma and Buchtar Tabuni.”

Background

Filep Karma, age 51, has been in Abepura prison for six years. In May 2005, the Abepura district court found him guilty of treason for organizing a Papuan independence rally on December 1, 2004, and sentenced him to 15 years in prison.

Buchtar Tabuni, age 31, is a leader of the West Papua National Committee, a Papuan independence organization that has grown more radical since his imprisonment. He was arrested in Jayapura on December 3, 2008, for organizing protests against the shooting of his relative, Opinus Tabuni. He was sentenced to three years’ imprisonment under article 160 of the Criminal Code for “inciting hatred” against the Indonesian government.

Human Rights Watch has documented beatings in Abepura prison in 2008 and 2009 that led to investigations into prison conditions by the National Human Rights Commission and the removal of the previous prison warden.

Human Rights Watch’s June 2010 report, Prosecuting Political Aspiration, describes the mistreatment of individuals serving prison sentences for peaceful acts of free expression in Papua and the Moluccas Islands, including Filep Karma and Buchtar Tabuni.

2

KomnasHAM holds dialogue about cases of violence in Papua

JUBI, 8 December 2010

KomnasHAM is trying hard to discuss the continuing violations of human
rights and the use of violence still occurring in Papua, Ridha Saleh
told journalists in Jayapura on Wednesday. He said that after reporting
the videos of torture and the burning of prisoners’ vital organs to the
military commander of Cenderawasih Military Command, they were keen to have a dialogue and seek opinions about these violations that are still occurring in Papua.

He said too that prior to reporting the case of the videos, they had
undertaken investigations and collected data about these cases which
occurred recently in Puncak Jaya. They were told that according to the army and the local people, there are three elements who have been causing chaos in Puncak Jaya, the TPN/OPM, the Indonesian army and o-called unknown elements.

A dialogue had taken place with all these people and also involved some other people, including some academics, the department of law and human rights, the army and members of the community.. The dialogue took place at Swissbel Hotel in Jayapura.

[This is the first time we have read about such a dialogue having taken
place. TAPOL]

2

Karma continues his hunger strike; KomnasHAM unable to visit Filep and Buchtar

via Tabloid JUBI, 9 December 2010

Karma continues his hunger strike
The political prisoner, Filep Karma has said that he will continue with
his hunger strike, not taking food or drink, until he is returned to
Abepura Prison in Jayapura.

‘I will continue with my hunger strike until I am returned by the
police,’ he said when he met with JUBI. He said he was very
disappointed with the way he was being treated, being accused with
Buchtar Tabuni of causing a riot in the prison last Friday, 3 December.

‘There is no justification for all this treatment towards us,’ he said.

According to JUBI who met him at the police headquarters, even though he is on hunger strike, he looks healthy and keeps smiling.

The head of the District Office of the Department of Law and Human
Rights, Nazaruddin Bunas said that Karma and Tabuni were transferred to police custody because they were the ones who were behind the rioting in Abepura Prison, which is why they are at present in police custody.

The director of Abepura Prison said that he knows nothing about the
transfer of the two prisoners.

——————

JUBI, 8 December 2010

KomnasHAM unable to visit Filep and Buchtar

The deputy head of the National Human Rights Commission in Jakarta, M. Ridah Saleh has expressed his disappointment at not being able to meet Filep Karma and Buchtar Tauni and regrets the fact that their families are not being given access, either

‘The police told us that we should make contact with the prison, even
though we have been given permission to meet them by the police (in
police custody),’ said Ridah Saleh.

He said that the rights of prisoners should be fully protected and
KomnasHAM and members of their families should be given the opportunity to visit the two men. Access to them must not be closed’

Their rights to get medical treatment must also be respected, to avoid
any further problems.

Members of their families are also hoping for access because this is in
accordance with the procedures. This should also apply to the other
three prisoners.

Before going to the police, they had paid a visit to the direskrim
(criminal investigation) where they met Petrus Waine, who said that
KomnasHAM could come and discuss the matter of there being no access to the two prisoners but when they arrived there, no disreskrim people were available to meet them.

‘This is very disappointing indeed, because we were given a promise but when we went there, there was no one who wanted to meet us to discuss this matter.’

The plan of KomnasHAM to visit Filep and Buchtar also had to be
abandoned because these two political prisoners had been moved away from Abepura Prison.

2

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