Month: March 2012

Stop criminalising lawyers and human rights activists in makar cases

JUBI, 5 March 2012
Chairman of the Garda KPP P Bovit Bofra (Jubi / Arjuna)

 

Bearing in mind the continual terrorising of defence lawyers during the makar (treason) trial  [now under way in Jayapura] and  of human rights activists as well as journalists covering the trial, the central executive of GARDA-P , the Movement for People’s Democracy has called upon the security forces to put an end to all of their attempts to silence these people.

In a press release issued by GARDA-P on 5 March, it called for an end to the criminalisation of the lawyers defending Forkorus Yabisembut and his four co-defendants. They also urged the Indonesian government to  dismiss the head of the Public Prosecutors Office, Julius D Teuf, SH and replace him because he has been deliberately attempting to criminalise the defence team of Forkorus and his co-defendants.

‘We also call on the prosecutors to stop their questioning during which they have made offensive and insulting remarks  about the defendants and also about the Papuan people during the trial.We call for the unconditional release of the defendants and for an end to all the violence and  prohibitions  against journalists wanting to report the trial hearings because the trial is being held in public.’

GARDA-P said that during makar trials in Papua, the defence lawyers  are always being subjected to threats and terror by the security forces because they are defending persons who are being charged with makar.

Not only the lawyers but also the judges  are threatened and subjected  to interruptions, to ensure that the hearings comply with the interests of the state. Not only that, but also the bags of the defence lawyers are searched  before they enter the court.for the trial of Forkorus and his co-defendants.

GARDA-P  also said that the police on duty frequently carry weapons outside the courthouse in order to terrorise the defendants and their lawyers. and seek to threaten journalists who are reporting the trial which is open to the public.

GARDA-P regards these actions as being attempts to influence the court proceedings  in order to ensure that the police and the prosecutors make heavier demands for those facing  makar charges.

‘During the hearing on 24 February, while witnesses were being questioned, the prosecutor was constantly interrupting the questioning which greatly angered the defence lawyer, Gustaf Kawar, with the prosecutor now seeking to exclude Gustaf Kawar from the defence team. Such actions are an attempt to cause division (among the lawyers) and to make things more difficult for the defendants.’

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Amnesty Calls for Release of Forkorus and colleagues

Bintang Papua, 8 March 2012Jayapura: Amnesty International has called on the Indonesian Government to release Forkorus and his colleagues. This follows the demand made in court by the prosecutor for the five men to be sentenced to five years.

‘On 5 March, the prosecutor demanded that Forkrus Yaboisembut, Selfius Bobii, Dominikus Sorabut, Edison Waromi and Agust Sananay Kraar be sentenced to five years imprisonment. Amnesty believes that the men were arrested and have been detained simply for exercising their human rights peacefully, in particular their rights to freedom of expression and freedom of assembly,’ said Josep Roy Benedict, member of Amnesty’s team which campaigns for Indonesia and Timor Leste.

Amnesty declared that the five men are ‘prisoners of conscience’ and called for their immediate and unconditional release.

‘Amnesty is also concerned about the lack of progress being made by the Indonesian Government in response to the meeting of Indonesia’s National Commission for Human Rights which stated that abuses of human rights  had been committed by the Indonesian security forces at the time of the Third Papuan Congress on 19 October 2011, whcih resulted in the deaths of three persons and the maltreatment of dozens of participants,’ he said. The five men should be tried in a court that conforms with international standards of justice. In a number of recent internal disciplinary sessions, government officials have only been subjected to administrative sanctions.

He went on to say that the government must repeal or revise all laws that are being used to criminalise freedom of expression, in particular Article 106 of the Criminal Code.

Meanwhile, according to the Prosecutor, his demand for a five-year sentence for Forkorus and the other four is appropriate. He was responding to the views that have been expressed in some circles pointing out that in previous makar cases, the sentences have been higher that five years, even as high as twenty years or life imprisonment.

The Prosecutor Julius D Teuf said  that anyone who has followed the court hearings  will understand that the five defendants were guilty of making certain attempts. ‘Their intention was to establish a new state but they were not successful  because of the actions by the security forces and this is why we think that our demand for the five men is adequate.’

The next hearing of the trial of Forkorus and his colleagues is due to take place on Friday, 9 March.

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‘Saying that there are no political prisoners in Papua is a Lie’

Bintang Papua, 7 March 2012Following a statement that has just been made by Amir Syamsuddin, the Minister for Law and Human Rights claiming that there are no political prisoners (tapol/napol) in Papua, various human rights groups as well as Mama Yosepha, the Director of  the Human Rights and Anti-Violence Foundation, and Markus Haluk, a well-known Papuan human rights activist, have responded.

Mama Yosepha and Markus Haluk said: ‘This statement by the Minister for Law and Human Rights shows the extent of the lies being made in public, which came after the dialogue organised by Amnesty International  last November. The Minister said that there were no political prisoners in Papua, only criminal prisoners. This is in line with the racist policies that are used against the Papuan people,’ said Markus Haluk.

Mama Yosepha and Markus Haluk said: ‘We are well aware of the denials and lies continually being spread by the Indonesian government through the Minister for Law and Human Rights. This is happening systematically in relation to the true facts that are known to the Papuan people. Since late 2011, five political prisoners have been on trial, Forkorus and his four colleagues, who are facing the charge of makar – treason – in connection with the declaration made by the Federal Republic of West Papua in October 2011 on Zakheus Square, Jayapura. In addition, from 2008 – 2010, sixteen political prisoners have been in custody in Manokwari while in Fak-Fak there are as many as sixteen prisoners, as well as fifteen in Nabire, four in Mamberamo Raya, one in Biak who is being held in  Abepura prison, and of all these, four are convicted prisoners, plus another six in Timika , which means that from 2008 to the present there have been 67 political prisoners.’

Markus went on to say that there are around ten political prisoners being held in connection with the assault on the ammunition dump in Wamena in 2003 who are now in  custody in Nabire and Biak prisons,while Filep Karma has been in custody since 2004, having been sentenced to fifteen years  and is being held in Abepura Prison, which brings the total since 2008 to seventy-two tapols and napols (tapol refers to detainees, while napol refers to convicted prisoners).

The fact that there are political prisoners in  Papua  was officially acknowledged by the head of  the Papua office of the Ministry of Law and Human Rights, Drs Daniel Biantong in 2010, when he produced a list of 25 persons registered as tapol and napol throughout Papua.

‘The demands for sentencing have varied from eleven months to life imprisonment. This can be broken down as follows: one person for eleven months, two persons for three years, three persons for five years, one person for six years, one person for ten years and one person for fourteen years, as well as three persons who  were sentenced to fifteen years, five who were sentenced to seventeen years, four to twenty years, while two were given life sentences. In all these cases, the prisoners were charged with makar under Article 106 of the Criminal Code,’ he said.

If we go farther back, said Markus,  following the dialogue held on 26 February 1999 during the presidency of B.J.Habibie , all political prisoners who were then being held in Papua were released. However, one year later, in 2000, many Papuan leaders  and ordinary Papuans were arrested and put on trial for makar, and this has been going on up to the present day.

Mama Yosepha,  said: ‘We human rights activists in Papua  have been firmly insisting that there are tapols and napols in Papua, and they are not criminal prisoners. We urge on the Indonesian government to stop spreading lies  and making racist remarks, like talking about murders, arrests and detentions with regard to Papuan leaders and ordinary Papuans here in the Land of Papua. Instead they should release Papuan leaders such as Forkorus Yaboisembut and Edison Waromi as well as the three others with them and lift the makar charges that are being made against all five of them.’

She went on to say: ‘Bearing in mind the statement made by the Minister for Law and Human Rights last  year and then on 5 March 2012, and bearing in mind too that Indonesia is now a Democratic State,what should happen is that the Indonesian government should release all the political prisoners who are now being held throughout Papua  as well as outside Papua.’

She went on to add: ‘We urge the Indonesian government to allow complete access for diplomats, journalists, human rights workers, members of Senates and congresses [around the world] to visit Papua.’

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Thousands cram gravesite of Theys to support IPWP

West Papua flag

March 8, 2012

by West Papua Media with local sources

Several thousand people crammed the grave site of murdered independence hero Ondofolo Theys Eluay on March 7, to hear resolutions from the Pacific regional Feb 29 launch in Canberra of the International Parliamentarians for West Papua (IPWP).

Organised by the West Papua National Committee (KNPB), the gathering passed without hindrance by security forces, despite reports from participants that several heavily armed units of the Indonesian army and police were shadowing the mass of demonstrators as they conducted a converging Long March from the Waena UNCEN student dormitories, Abepura, Kotaraja, Kamkey and surrounding areas.

The gravesite of the revered Chief, the former Papuan Presidium leader assassinated by Indonesian Kopassus officers in 2001, is the traditional site for mass rallies for self-determination in West Papua, guaranteed access to the land in perpetuity by the family of Theys Eluay.  Indonesian-owned businesses and commercial development is gradually surrounding the gravesite amidst a perceived strategy by Indonesian authorities to block access to what has become a sacred site to West Papuan people.

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The Voice of Papua independent media reported KNPB spokesman Buchtar Tabuni telling the gathered crowd that “all the people of Papua and Papuan students in Australia have joined in the launch event in Australia for IPWP-Pacific, and have come to talk about self-determination for the people of West Papua.”

“Whatever the risks, we are the children of West Papua, would bet ourselves to this struggle.  This is how it is in our land of West Papua,” said Buchtar.

The rallies dispersed peacefully without incident.

 

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World Council of Churches concerned about human rights violations in Papua

[Abridged in translation by TAPOLBintang Papua, 6 March 2011]
Photo at head of article: Rev. Dr Sae Nababan, President of the World Council of Churches

Jayapura: The World Council of Churches is very concerned about the violation of human rights  in Papua , said the Rev. Nababan in a discussion with Bintang Papua on Tuesday, 6 March. He said that the WCC was very concerned about the many injustices being suffered by the Papuan people.

The World Council of Churches  has registered its concerns and has informed the Indonesian government of this as well as churches around the world.

The Rev. Nababan said that he was not interested in political developments but was concerned about the fate of its congregation in Papua. ‘We are not following the political developments but what we are concerned about is the fate of the Papuan people who are suffering suppression, who feel that they are a colonised people and are being marginalised. This is what we are concerned about,’ he said.

‘We are not discussing the basis of the state but we are very concerned about the Papuan peoples lack of  freedom,that their dignity must be respected and an end to the discrimination that they suffer.’

Asked whether the WCC supports the idea of a referendum news of which has been circulating here, he said that people should not be confused  about things like this but the fact is that the Council had received a great deal of information about the situation, not only from Papua and Indonesia but also  from organisations around the world and when they had looked at the situation, they were very aware that human rights were repeatedly being violated in West Papua.

Rev Nababan said that the WCC which has been able to visit Papua had indeed found that human rights violations have been repeatedly occurring there.

In statement issued by the WCC at its meeting in Geneva, Switzerland from 14 – 17 February, they issued a statement in which they also said that the Papuan people are not benefiting from the rich natural resources in Papua, that there is widespread poverty as well as a lack of facilities to for health care and for a decent education for the children. Multi-national corporations were exploiting its natural resources and the activities of these corporations had seriously damaged the environment.

The special autonomy law was not being properly implemented by the government which resulted in the Papuan people feeling that they were being badly treated by the security forces.

The statement also called on the United Nations to set up a Permanent Observer Mission in Papua  to supervise a referendum.

The statement issued by the WCC at the end of its four-day meeting made the following points:

a) Expressed deep concern about the worsening human rights situation in the Land of Papua.
b) Called upon the Indonesian government to take the necessary steps to free its political prisoners and lift regulations banning people from gathering peacefully and to demilitarise West Papua.
c) The government was urged to take the necessary steps for a dialogue with the indigenous Papuan people and to protect the rights of the people to live according to their basic rights.
d) To ensure that the security forces halt the killings and injuries inflicted on Papuan people and the damage done to their mental health.
e) Called upon churches and their partners to get involved in advocacy for peace and security n Papua.
f)  Ensure that the member churches of the WCC should work on advocating peace and security for the Papuan people.
g) To pray for the people and the churches in the Land of Papua to continue to give witness  for peace, reconciliation and hope.

 Read the full World Council of Churches committee statement on Tanah Papua here: http://www.oikoumene.org/en/resources/documents/executive-committee/bossey-february-2012/statement-on-the-situation-in-tanah-papua-indonesia.html

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