Tag: criminalization of peaceful dissent

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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‘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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Filep Karma undergoing Medical care at Hospital DOK II

by a special correspondent in Abepura for West Papua Media

March 3, 2012

(Edited and abridged in translation by WPM)

Concerns have been raised again over the health of internationally renowned West Papuan political prisoner Filep Karma, after a series of visits to hospital to treat his worsening health, amid atrocious conditions in the notorious Abepura prison.

Filep Karma is a political prisoner sentenced to 15 years imprisonment by Indonesia after being found guilty of makar (treason) for making a speech calling for independence and raising the banned Morning Star flag on December 1st 2004.

(Gaoled in atrocious conditions and subjected to early routine torture by Indonesian security forces and prison officers, including beatings causing internal injuries, Karma’s health has been declining since 2008, also due to numerous hunger strikes and illness caused by prison conditions in Abepura prison.  Additionally, In response to a petition filed by Freedom Now, the United NationsWorking Group on Arbitrary Detention issued its opinion that the Government of Indonesia is in violation of international law by detaining Filep Karma. Amongst many other international voices, the Working Group called on the Government of Indonesia to immediately release the human rights advocate. – WPM)

He underwent medical checkups at Hospital Dock II, and underwent a colonoscopy by a Dr Arnold, on 17 February 2012, to check his intestines. He underwent the check because up until this point he regularly discharged blood when using his bowels. The results of the check were to be taken on February 21st, 2012. At the same time he also was assessed by a neurologist, Dr. Nelly Rumpaisum, because for the previous few days he felt the pain to the right of his hip when getting down to clean clothes, and now also when standing. When undergoing the examination, Fliep was accompanied by two officers and a doctor from Abepura prison. Filep was to return to the Hospital II, to undergo X-rays of his waist.

At this time, Filep cooked his own food in prison. He used a traditional stove himself, with milk cans and axes, lit with coconut oil. ‘Eating my own cooking is better for my health at the moment, because if I eat food from Abepura Prison, there can sometimes be a lot of seasoning, and this is less suitable for the condition of my body while undergoing medical treatment at the moment’, he said.

On 21 February 2012, according to Dr. Donald Arronggear at the time of the colonoscopy results, ”Filep is affected by inflammation of the intestine next to the anus, so that he must eat foods high in fibre, like fruit and vegetables”, he said. He also received various medicines from the doctor to drink when back in prison. He also did x-rays on the right side of the waist, and the results were to be checked again on 24 February 2012.

Filep Karma will undergo physiotherapy

On several weekends, Filep Karma underwent some medical treatment at the Hospital Dok II. He was accompanied by two prison officers and doctors from Abepura Prison. On 24 February 2012, he received sequence number 2 at the polyclinic at Hospital DOK II. Filep took the x-rays to neurologist, Dr. Nelly Rumapaisum. According to Dr. Nelly ”The right side of Filep’s waist, has narrowed. So, it must to undergo physiotherapy for 12 sessions. Filep can no longer lift heavy equipment and also sports is a high-risk”, said Dr. Nelly.

Filep Karma said that ‘my waist has already been sore for a while, but it felt sore for a few weeks so it had to be checked”. Filep Karma also must use a corset after undergoing physiotherapy (a very uncomfortable apparatus in the sweaty conditions of the prison – WPM) . He will undergo regular physiotherapy and will be back and forth to the DOK II Hospital for ongoing care.

“My desire is also to be an inpatient at DOK II Hospital, while undergoing physiotherapy, because the distance between the Prison Abepura and Jayapura is about 60 minutes, which makes me making a little exhausted on the journey”, Karma said.

See Also : FILEP KARMA REFUSES INDONESIA’S REMISSION Aug 20, 2011 – Video report by Cyntia Warwe

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Forkorus: Independent Papua will come in a matter of days

Bintang Papua, 28 February 2012Jayapura: The trial of Forkorus Yaboisembut which is now under way  in Jayapura has not lessened Papuan calls for Merdeka – independence. On the contrary, people are intensifying their calls for independence and secession from Indonesia. Forkorus is even saying that a free West Papua will come into being in a matter of days. This was clear from the speech he made after the hearing that was held today. They also said prayers together.

As he and others left the courthouse, they burst into song, and Forkorus said in a speech that it would not be long before West Papua would be free and no longer part of Indonesia. The Republic of Indonesia will have to recognise the sovereignty of the Federal Republic of West Papua  and withdraw all its troops from the Land of Papua.

The hearing was held to hear the testimony of more witnesses.  But some of the witnesses did not turn up and the prosecutor asked the permission of the judge to read out their statements, although the five defendants said that this was unacceptable because the witnesses should first be sworn in. Nevertheless, the prosecutor was allowed to read out a statement by one of the witnesses, Hans Makabory, 39 years old, a civil servant who witnessed the events on 19 October, following the end of the Third Papuan Congress.

In the statement, he said that as he went onto the field (where the congress had been held). [See note below.] He stood behind a barrier  and watched the large crowd running round the field. He intended to go home but the pathway to his house had been closed so he returned to the field so as to leave through a gateway from the field. He said that crowd continued to run round the field. Some members of the security forces pushed him back onto the field and then dragged him to police headquarters.

He said that the Congress had agreed to establish the Federal Republic of West Papua which would be a state independent of Indonesia.

A statement by another witness, Linus William  Waprawiri, said that he was standing behind the tent where the congress had been held and heard that the chairman of DAP, Dewan Adat Papua, Forkorus  said that people should not fly the Morning State flag at that moment but should do so on 1 December, the anniversary of the West Papua state, when the flag would be flown everywhere throughout the territory.

The witness said that he supported the Third Papuan Congress and West Papua had won its freedom since 1961, with the support of the Dutch.

Another witness, Bernard Done said in his statement that the Papuan people have the right to self-determination. He said that the Congress had been held to establish the Federal Republic of West Papua and had elected Forkorus as its President.

Th next hearing of the trial will be held on 2 March.

[Note:The original intention was for the Third Papuan Congress to be held at Cenderawasih  University or another building in Jayapura. But the authorities had denied permission for these venues to be used. This despite the fact that permission had been given for the Congress to take place. It had even been agreed that a senior official of Indonesian Department of the Interior would deliver the opening address of the Congress. Having been denied a venue, the Congress organisations decided to hold the Congress in the open air, in a field normally used for sports events.]

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24 Feb Update on Forkorus trial: Testimony from witness

Bintang  Papua, 24 February 2012 

One of the witnesses to appear in the trial, Eliezer Awom told the court that the declaration of establishment of the Federal Republic of West  Papua had come about as a result of pressure from the Papuan people, as had been expressed during the Third Papuan Congress which was held in October last year.

Eliezer Awom was the only one of nine witnesses who were due to testify at the hearing. The other witnesses did not turn up.

Awom reminded the court that the Third Papuan Congress had been attended by around four thousand people.

The witness described the decision that was taken at the conclusion of the Congress and the subsequent arrest of Forkorus, along with a number of other people, including the witness himself. He insisted that the Congress was a manifestation of the wishes of the Papuan people and said that the Congress which had taken place and had been given official permission to take place. He said that the Congress had agreed to the establishment of the Federal Republic of West Papua and had elected Forkorus Yaboisembut as the President of the Federal Republic, along with Edison Waromi as its prime minister.

He described how Forkorus made his statement very public through loudspeakers and that two hours later, the security forces had started shooting the participants  in order to force them to disperse. He described the banners that had been unfurled at the Congress and insisted that they were simply restoring the Federal Republic of West Papua, and that West Papua belongs to the West Papua people.

Around 400 people were taken into custody at the time, many of whom were subjected to maltreatment such as kicks and punches by the security forces.

Forkorus and the other four Papuans who are on trial with him confirmed that what the witness said in court was true.

He said that the declaration should be sent to the United Nations in order for the Federal Republic of West Papua to obtain formal recognition from the international community.

As with previous hearings, security forces were out in force around the courthouse.

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