Category: Urgent Action

Appeal against Papuan Congress treason convictions launched

From West Papua Media sources in Jayapura
EXCLUSIVE
March 19, 2012
After an Indonesian court on March 16 sentenced  five Congress leaders guilty of Makar (treason) three years in prison each, lawyers for the men have today launched a formal appeal against the sentences in the Jayapura Class 1a district court.
The five defendants, Forkorus Yaboisembut, Edison Waromi, Selfius Bobii, Dominikus Sorabut, and Agus Kraar, were leaders and organisers of the Third Papuan People’s Congress held on October 19 2011, which was brutally broken up by Indonesian security forces after Forkorus  – the Chairman of the Papuan Tribal Council elected as President of the Federated Republic of West Papua – unilaterally reaffirmed West Papua’s independence from Indonesia.
An SMS just sent to West Papua Media from the legal team defending the five men said “promptly at 15:00 (West Papua time), our team of legal advisors has stated appeals in Class IA Jayapura District Court in connection with the Makar case on behalf Forkorus, et al, against 3 year prison sentence imposed by the judges of  (the)  Court, for being convicted of a crime of attempted treason”.
The SMS stated that the crimes the men were convicted under “also referred to in Article 106 of the Criminal Code,  Article 55 paragraph (1) of the  Criminal Code, together with Article 53 paragraph 1 of the Criminal Code, (we have lodged) a statement of appeal of the verdict of Class IA Jayapura District Court”
“This judgement does not have the force of law, then the case must be reviewed by the Jayapura High Court Judge,” according to the SMS.
“The reason we (have) appealed the decision of the Court of Jayapura (is because it is) essentially inconsistent with the facts of the trial, both from witnesses, evidence and the testimony of the defendant,” the legal team said.  “Also it is not in agreement with the Book of the Law of Criminal Procedure.”
The date that the appeal is set down to be heard is not known at the time of publication, as the lodged appeal had yet to be processed by the court.
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Rallies calling on Ban Ki-Moon to protect Papuans to be held across Papua and Australia, on March 19

Reprinting Press Release 19 March 2012 from FRWP spokesperson

 
RALLY:  Federated Republic of West Papua
TUESDAY, 19 MARCH 2012, 11:30am-1:30pm
State Library, 328 Swanston St (cnr Swanston and La Trobe Sts), MELBOURNE
complementing rallies in Jayapura, Sorong, Biak, Yapen-Waropen, Manokwari, and Fak Fak
West Papuan independence advocates are questioning the UN Secretar
Ban Ki-moon waves to protestors for West Papua, PIF NZ Sept 2011
y-General’s presence—as a keynote speaker—at The Jakarta International Defence Dialogue, hosted by the Indonesian Ministry of Defence on 21 March 2012.
“We would like Mr Ban Ki-moon to attend to our defence while he’s in Jakarta” said Herman Wainggai, the West Papuan independence advocate based in the United States.
“The Indonesian government brands us as separatists, and then hosts international fora to escalate support for what it says are ‘non-war military operations’ against us”.
Forkorus Yaboisembut, President of the Federated Republic of West Papua, currently incarcerated, requests the Secretary-General to recognise the leadership of the Federated Republic of West Papua elected at the Congress in October in 2011.
“The United Nations recognizes West Papua’s right to self-determination, and is therefore responsible for organising properly constituted peace talks, with itself mediating between the Federated Republic of West Papua and the Indonesian government.”
Edison Waromi, Prime Minister of the Federated Republic of West Papua, also incarcerated last week for another three years (he was also a political prisoner 1989—1999, 2001, 2002, 2003-2004) says the Secretary-General must actively insert himself into the West Papuan issue.
“The 564,126 missing Papuans since 1962, more than half-a-million people, should galvanize UN intervention.  And I believe the Secretary-General should also, while visiting Jakarta’s new Peacekeeping Centre this week, negotiate the release of all political prisoners in Indonesia.”
Many international observers believe that Indonesian political fears, that their republic will dissemble in the face of West Papuan self-determination, is misplaced.
“Holland didn’t fall over when Indonesia became independent, and neither will Indonesia when we do” said Wainggai. “Bali principles, Lombok treaties, Peace centres in West Java….these are all meaningless while Indonesia continues to escalate its troops and its judiciaries against us”.
Media Inquiries and Interviews
Please contact West Papua Media for direct contacts on the ground in the follwoing locations:
MELBOURNE, SORONG, BIAK, YAPEN WAROPEN, MANOKWARI, JAYAPURA , and FAK FAK.
PLEASE NOTE: RALLIES TO ALSO BE HELD BY WEST PAPUA NATIONAL COMMITTEE (KNPB) ACROSS PAPUA AND INDONESIA: DETAILS FORTHCOMING
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AI Public Statement: Sentencing of Papuan activists a setback to free expression and assembly

AMNESTY INTERNATIONAL

PUBLIC STATEMENT16 March 2012
Index: ASA 21/011/2012

Indonesia: Sentencing of Papuan activists a setback to free expression and assembly

Indonesian authorities must immediately and unconditionally release five men who have today been sentenced to three years’ imprisonment for taking part in a peaceful gathering in Papua province in October 2011. The court decision significantly erodes Indonesia’s respect for freedom of expression and peaceful assembly.

Amnesty International

Forkorus Yaboisembut, Edison Waromi, August Sananay Kraar, Dominikus Sorabut, and Selpius Bobii were each sentenced to three years’ imprisonment by the Jayapura District Court. They were arrested on 19 October 2011 for participating in the Third Papuan People’s Congress, a peaceful gathering held in Abepura, Papua from 17-19 October 2011 and charged with “rebellion” under Article 106 of the Indonesian Criminal Code.

Amnesty International considers all five men to be prisoners of conscience. They join over 90 political activists in the provinces of Papua and Maluku who have been imprisoned solely for their peaceful political activities.

The rights to freedom of expression and peaceful assembly are guaranteed in Article 19 and Article 21 of the International Covenant on Civil and Political Rights (ICCPR), to which Indonesia is a state party, as well as in other international instruments. Moreover, these rights are protected under Indonesia’s Constitution. While the Indonesian government has the duty and the right to maintain public order, it must ensure that any restrictions to freedoms of expression and peaceful assembly are no more than is permitted under international human rights law.

Amnesty International has also received credible reports about threats and intimidation against the five and one their lawyers during their trial. Amnesty International expressed its concern about these reports in a letter sent to the Indonesian authorities in March 2012, pointing out that these allegations, if true, undermine the credibility of the judicial process in Indonesia, and specifically in the Papua region.

Amnesty is also concerned about the authorities’ lack of progress in investigating allegations of human rights violations committed by the security forces on the final day of the Congress. On 19 October police units supported by the military surrounded the venue and fired shots into the air to break up the gathering. As participants began to flee, police units from the Jayapura City police station and the Papua regional police headquarters arbitrarily arrested an estimated 300 hundred people and allegedly kicked and beat some of them. Most were released the following day. Three people were later found dead at the scene and over 90 people were reportedly injured. A National Human Rights Commission (Komnas HAM) investigation found evidence of human rights violations by the Indonesian security forces, including violations of the right to life, unnecessary and excessive use of force, and ill-treatment.

While 17 police officials subsequently received administrative sanctions for violating disciplinary procedures, these internal disciplinary hearings did not deal with the allegations of human rights violations that occurred.

Amnesty International calls on the Indonesian authorities to conduct an independent and impartial investigation into all allegations of human rights violations by the security forces during the Third Papuan People’s Congress. Should the allegations be verified, those responsible, including those with command responsibility, should be brought to justice in fair trials and the victims receive reparations.

Amnesty International takes no position whatsoever on the political status of any province of Indonesia, including calls for independence. However the organization believes that the right to freedom of expression includes the right to peacefully advocate referendums, independence or any other political solutions that do not involve incitement to discrimination, hostility or violence.

Link: Link: http://www.amnesty.org/en/library/info/ASA21/011/2012/en





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Treason trials hand down guilty verdict on Congress leaders: reports
			

									
											
							
 
					

				
from West Papua Media sources in Jayapura


March 16, 2012


Papuan leaders accused of treason on trial in Jayapura, January 30, 2012


(Jayapura):  Hundreds of security forces are on the streets around Jaypura, West Papua, in a show of force as an Indonesian court found five Congress leaders guilty of Makar (treason), and sentenced the defendants each to three years in prison.


The five defendants, Forkorus Yaboisembut, Edison Waromi, Selfius Bobii, Dominikus Sorabut, and Agus Kraar, were leaders and organisers of the Third Papuan People’s Congress held on October 19 2011, which was brutally broken up by Indonesian security forces after Forkorus  – the Chairman of the Papuan Tribal Council elected as President of the Federated Republic of West Papua – unilaterally reaffirmed West Papua’s independence from Indonesia.


Today’s hearing at the Jayapura Class 1A District Court, the 15th hearing in a trial described by international observers of “descending into farce”, closed after the panel of judges led by Jack Johan Oktavianus declared that the defendants had committed treason under Article 106 of the Indonesian Criminal Code.


During the trial, several Indonesian Brimob paramilitary police officers who opened fire on the Congress gathering, admitted they had no proof that the accused had committed treason before they opened fire on unarmed civilians.


No member of the Indonesian security forces, who during the breakup of Congress were filmed committing acts of brutality and violence on unarmed civilians, were criminally charged and so far have not receive any sanction for the unprovoked attack.


On March 14, another defendant from the Third Papuan Peoples’, Gat Wenda, was also found guilty of makar charges, but was sentence to five months gaol, less time he has already served since his arrest.


Lawyers for the defendants, themselves under threat of prosecution and harassment by Indonesian security forces for their advocacy for the accused, have planned to appeal the decisions, saying “we think this decision is a disaster.”


In SMS messages sent from the legal team to West Papua Media, senior lawyer Olga Hamadi said “we think the judgement from the full bench is out of tune with what actually happened.  We will appeal this to the High Court”.


Gustaf Kawer, another senior member of the legal team, also told West Papua Media via SMS that “the judges considered ambiguous and inconsistent testimony.  (Yet) there is evidence of free expression and democracy that was ruled,” Kawar said, referring to the democratic rights and obligations adhered to by the Congress leaders.


A massive show of military hardware has caused major fear on the streets of Jayapura, with most poeple staying away from demonstrations for fear of an imminent military crackdown.  600 Heavily armed Brimob riot police and 300 Indonesian army soldiers are surrounding the streets around the court, backed up by several water cannon, 13 Barracuda armoured vehicles, and seven Army Panzers (assault vehicles).


Security forces today have, according to local civil resistance sources, used this show of force to actively prevent supporters of the accused to attend court.


The atmosphere has been described as highly tense with Papuan supporters of the convicted men outraged, but terrified, according to SMS messages from sources on the ground.


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This is a developing situation – please stay tuned.


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HRW: Five Papuans Convicted for Peaceful Protest
			

									
											
							
 
					

				
English: Human Rights Watch logo Русский: Лого...
Image via Wikipedia


















For Immediate Release


From HUMAN RIGHTS WATCH


Indonesia: Five Papuans Convicted for Peaceful Protest

Amend Treason Law to Uphold Free Speech


(New York, March 16, 2012) – The Indonesian government should drop the politically motivated treason charges against five Papuan activists who were convicted on March 16, 2012, and order their release, Human Rights Watch said today. 


The district court in Jayapura, the Papuan provincial capital, convicted the five men and sentenced them to three years in prison for statements made at a Papuan People’s Congress in October 2011. The demonstration was brutally suppressed by the authorities, leaving at least three people dead. The five men convicted on March 16 are Selpius Bobii, a social media activist, August Sananay Kraar, a civil servant, Dominikus Sorabut, a filmmaker, Edison Waromi, a former political prisoner, and Forkorus Yaboisembut, a Papuan tribal leader.


“If the Indonesian government wants to make an example out of these people, then it should free them as a symbol of its commitment to free expression,” said Elaine Pearson, deputy Asia director at Human Rights Watch. “Instead, the legacy of the Papuan Congress crackdown will be five unjust convictions, while those responsible for the violence go unpunished.”


On October 19, 2011, in Jayapura, Indonesian security forces used excessive force to break up a three-day People’s Congress demonstration supporting independence for Papua, Human Rights Watch said. After Yaboisembut, one of the leaders, read aloud the 1961 Papua Declaration of Independence, police and the army fired warning shots to disperse the approximately 1,000 Papuans gathered. The security forces then used batons and in some instances firearms against the demonstrators, killing at least three and injuring more than 90 others. Witnesses said that demonstrators had been struck on the head and several suffered gunshot wounds.


Following the incident, 17 police officers, including the Jayapura police chief, Imam Setiawan and seven of his subordinates, were given written warnings for committing a disciplinary infraction by not giving priority to the protection of civilians. However, no other action was taken against police or military personnel for possible misuse of force. 


The trial of the five activists raised serious due process concerns, Human Rights Watch said. During the trial, the defense told the court that police questioned their clients in the first 24 hours of arrest without the presence of lawyers. The defense also alleged that the men were beaten by police while in custody. Police allegedly kicked Yaboisembut in the chest and beat his head with a rifle butt. Sorabut testified that the police beat him on his head with a pistol and struck his body repeatedly with an M-16 assault rifle. Kraar said he was hit by police twice on the head with a pistol.


Human Rights Watch renewed its call for the Indonesian government to release all political prisoners and allow human rights organizations and foreign journalists unimpeded access to Papua.


The Indonesian Criminal Code should be amended to ensure that no one is prosecuted for treason for exercising their rights to peaceful protest protected under the Indonesian constitution and international law, Human Rights Watch said. The constitution, in article 28(e), states, “Every person shall have the right to the freedom of association and expression of opinion.” Article 28(f) provides, “Every person shall have 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 International Covenant on Civil and Political Rights, which Indonesia ratified in 2006, similarly protects the rights to free expression and peaceful assembly.


Human Rights Watch takes no position on claims to self-determination in Papua. Consistent with international law, however, Human Rights Watch supports the right of everyone, including independence supporters, to express their political views peacefully without fear of arrest or other forms of reprisal.


“Throwing activists in prison on charges of treason will just reinforce Papuans’ beliefs that the Indonesian government uses the law for political purposes,” Pearson said. “And while the government is busy prosecuting peaceful protesters, it seems to have had no time to investigate adequately the violence against them.”


To read the October 28, 2011 Human Rights Watch news release, “Indonesia: Independent Investigation Needed Into Papua Violence,” please visit:

http://www.hrw.org/news/2011/10/28/indonesia-independent-investigation-needed-papua-violence 


To read Human Rights Watch’s report on political prisoners in Indonesia, please visit:

http://www.hrw.org/reports/2010/06/23/prosecuting-political-aspiration-0 


For more Human Rights Watch reporting on Indonesia, please visit:

http://www.hrw.org/asia/indonesia 


 


















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