Daily Archives: September 11, 2013

Destroying sago trees will kill the Papuan people

JUBI,
6 September 2013

Merauke:  A member of the Regional Legislative Assembly of Merauke  has once against drawn attention to the activities now under way  by a company called PT Dongeng Prabawa. The crucial issue he raised relates to  the sago trees  belonging to the people living in various kampungs in the District of Ngguti.

‘I want to say to the company that  if the sago trees which have been protected and looked after by the Marind people for generations are felled  to make way for an investment project, you will be killing the indigenous Papuan people. Sago is the basic foodstuff for the indigenous people and it is unacceptable for the you to destroy their trees.’.

Hendrikus Hengky Ndiken said areas where the sago trees grow must not be dealt with in this way by the company. It is unacceptable for these areas where local people live to be exploited. What are the people going to eat if their source of food is destroyed?

He also insisted that the company abide by the agreement to pay for their land.which amounts to Rp30 billion. They must  pay up now and not pay in instalments. ‘They have billions of rupiahs so how can it be that they cannot  comply with their obligations to the people? If you can’t pay up, then you had better get out, he said.

He went on to say that he had visited a kampung called kampung Senegi and asked the people what they had received from the company. They said that they had received nothing except for a church.

The local district chief Romanus Mbaraks said that not all the trees belonging to the people had been destroyed. In some sacred areas, the people  had guarded their trees. ‘I ask the people to report to us if their sago trees have been destroyed by the company.’

Translated by TAPOL

 

Warinussy: Treason Charges against Aimas activists lack a proper legal foundation

COMMENT
by Yan Christian Warinussy,
Senior Lawyer and Executive-Director of LP3BH
7 September, 2013
The questioning of the five witnesses that has taken place during the trial of seven civilians in Papua in the Sorong  District Court who have been charged with Treason [makar] in accordance with Articles 106 and  108 of the Indonesian Criminal Code make it increasingly clear that the charges do not have a solid legal  foundation.

Yan Christian Warinussy (Photo: TabloidJubi.com)

This is evident from the  questioning of the five witnesses who were summoned by the Prosecutor on Tuesday, 2 September , namely Adjudant Commissioner [AKP]  Krisistya Artanto Octoberna ( Chief of Narcotics  Investigation at the police station in Sorong) and three others, as well as and a policeman from the same police station named Basuki Rahman.

During their questioning it is clear that they were all involved in the assault operation against the group of civilians from Aimas and they were all  in the vehicle which was on patrol  at the location of the incident. Furthermore, also travelling in the same vehicle was the Head of the Operational Unit of Sorong Police Force.

Two of the witnesses also said that they saw a group of people who arrived to attack a mobile patrol  who were armed with sharp implements but they had not seen the accused men [Isak Kaliaban and his colleagues].

When they  were asked by the legal counsel of the defendants from the Papuan Advocacy Coalition  for Justice in the Aimas Case  whether they possessed letters instructing them to appear, as is required by the Criminal Code, they said in reply that they did have the required documents.

This means that the five witnesses who were summoned by the Prosecutor on 26 August and on 2 September are all members of the Sorong Police Force and moreover, none of these witnesses produced any substantive legal facts which could be used as the basis for charging Isak Kalaiban and his colleagues.with Treason as stipulated in the indictments against the seven accused.

This means that the Investigation Report [BAP] which was drawn up by the Criminal Investigation Unit of the Sorong Police Force by the men being charged had not been correctly established as  required by law which means that their testimony should not have been considered by the panel of judges.which is headed by R.M Christian Kolibu.

Therefore, we, the members of   of the Papuan Advocacy Coalition for Justice in the Aimas Case, herewith state our determination to continue to defend the seven accused men in order to ensure that this case proceeds in strict accordance with the correct legal  procedures  and not in accordance with the manipulated charges being used to charge the seven accused  in accordance with the 1945 Constitution and Law 39/1999 on Basic Human Rights as well as other human rights provisions to which they are entitled in accordance with international  law which have been ratified and adopted by the Indonesian Government as a Member State of the United Nations.

In the forthcoming hearing which will take place on 9 September, the court will proceed to the stage of questioning each of the seven accused  each as witnesses of the other defendants, which is not permitted according to the laws in force and the principles of jurisprudence.

We are of the opinion that  the panel of judges should make it clear that the correct procedures will be adhered to in accordance with the Criminal Procedural Code, bearing in mind that this is what Papuan people would expect regarding the investigation procedures  as required by law in the case against Isak Kalaiban and his colleagues.

[Translated by TAPOL]