Tag: criminalization of peaceful dissent

Witness testimonies at Papuan treason trial

The sixth hearing of the trial of Forkorus Yaboisembet and his four colleagues took place on 21 February at which seven witnesses for the prosecution were called to give evidence. According to the executive-director of the LB3PH, Yan Christian Warinussy, six of the seven of the witnesses were members of the police force who  had been involved in the attack against the Third Papuan Peace Conference (KRP-III) on the third day of the event, 19 October 2011.Six of these witnesses were unable to answer questions from the chief prosecutor regarding the declaration that was allegedly read out at the end of the  conference nor could they say whether the five defendants had been involved in a criminal conspiracy to set up the Federal Republic of West Papua.One of the witnesses who had been summoned was Drs Alfons Rumbekwan, a member of the Majelis Rakyat Papua. Speaking for the defence team, Olga Helena  Hamadi said that this person should not testify at the trial because the majelis of which he is a member is the cultural body of the indigenous Papuan people. Since the trial was related to the political aspirations of the Papuan people, his appearance might cause a conflict between the MRP and the Papuan people. It was agreed that Drs Rumbekwan  would not be called to give testimony.

According to a lengthy report of the hearing in Bintang Papua, the police witnesses appeared not to know the defendants and were unaware of the declaration by Forkorus calling for the re-establishment of the Federal Republic of West Papua.

According to Bintang Papua, for example, the first witness, Lambertus Limbong Sattu, a member of the Jayapura City police force who reportedly told the hearing that he did not know the identity of one of the accused, Agustinus Sananay Kraar, when he pulled him into the police vehicle but only knew his name after they reached police headquarters. He told the court that he had not seen the document proclaiming the establishment of the Federal Republic of West Papua but confirmed that there was a banner  on which were inscribed with the words: ‘Let Us Affirm the Basic Rights of the Papuan Indigenous People, Today and in the Future’.

The second witness, Aamet Mahu told the court that he was in the vicinity of the venue of the KRP-III  on 19 October 2011 and was there on orders to handle security of the conference.

The defence team of the five defendants said that all the testimony given on that day in court was in way related to the charges in the indictment.

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Seven months and 16 days for Dance Yenu

JUBI, 24 August 2011

Dance Yanu has been sentenced to seven months and 16 days by a judge at the Manokwari court after being found guilty of makar (subversion).

Reporting the verdict, one of the defence lawyers, Simon Riziard Banundi, said that they were not convinced about the court’s verdict.  ‘We members of the defence team cannot accept the verdict passed by the judges.  There is every reason to doubt their decision.’

Banundi said that his client should be released because the court failed to prove that he was guilty of makar (Rebellion or Subversion charges). The defendant’s colleague Melkianus Bleskadit has been found guilty of makar.

In a previous hearing at the court, the prosecutor asked for a sentence of five years. Dance Yenu was arrested together with Melkianus Bleskadit as they were unfurling a flag on the anniversary of Melanesian independence day on 14 December 2010.

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https://westpapuamedia.info/2011/04/05/charges-against-two-papuan-defendants-at-variance-with-other-court-documents-also-statement-by-warinussy/

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AMNESTY: PAPUAN ACTIVIST IMPRISONED FOR PEACEFUL POLITICAL ACTIVITIES

PUBLIC STATEMENT

25 August 2011

Index: ASA 21/ 027 /2011

I ndonesia : Papuan activist imprisoned for peaceful political activities

Papuan activist Melkianus Bleskadit has been imprisoned in West Papua province for his involvement in a peaceful protest and for raising an independence flag. His sentence highlights the continuing use of repressive legislation to criminalize peaceful political activities in the province. Amnesty International calls for his immediate and unconditional release.

On 14 December 2010 a group of activists including students took part in a peaceful march in Manokwari, West Papua province, protesting against injustice and human rights violations by the Indonesian security forces against Papuans. The march ended at the Penerangan field in Manokwari where other political activists had gathered to commemorate the anniversary of the independence of “West Melanesia”.

During the ceremony the “14 Star Flag”, a symbol of West Melanesian independence, was raised. The Manokwari Sub-district Public Order Police (Polres) arrested seven political activists: Melkianus Bleskadit; Daniel Yenu, a priest; and five students – Jhon Wilson Wader, Penehas Serongon, Yance Sekenyap, Alex Duwiri and Jhon Raweyai.

All seven men were charged with “rebellion” under Article 106 of the Indonesian Criminal Code which carries a maximum sentence of life imprisonment, and with “incitement” under Article 160.

On 18 August the Manokwari District Court sentenced Melkianus Bleskadit to two years’ imprisonment while Daniel Yenu was sentenced to seven months and 16 days’ imprisonment on 23 August 2011. Daniel Yenu has been released as he has spent more than eight months in detention. The trials of the five students are ongoing.

Daniel Yenu’s lawyer has also raised concerns about his trial. The lawyer alleges that evidence not obtained from the location of the incident was introduced during the trial and that Daniel Yenu was brought before the court on 16 August and forced by the judges to defend the charges against him without the presence of his lawyer, who was preparing a written defence brief.

The International Covenant on Civil and Political Rights (ICCPR), to which Indonesia is a state party, and the Indonesian Constitution guarantee the rights to freedom of expression, opinion, association and peaceful assembly. 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 calls on the Indonesian authorities to withdraw government regulation No. 77/2007 that bans the display of regional logos or flags, which are used by separatist organizations. Amnesty International believes that this regulation is contrary to the spirit of the 2001 Special Autonomy Law that granted Papuans the right to express their cultural identity. Furthermore, the ban on waving these flags cannot be considered legitimate grounds for restricting freedoms of expression and association as set out in the ICCPR.

Amnesty International is aware of al least 90 political activists in the provinces of Maluku and Papua who have been imprisoned solely for their peaceful political activities. Amnesty International considers them to be prisoners of conscience and calls for their immediate and unconditional release.

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.

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Freedom Now Welcomes Call of 26 Members of U.S. House for Release of Papuan Filep Karma

Freedom Now

FOR IMMEDIATE RELEASE 

August 22, 2011

Contact: Fred Fedynyshyn
+1 202-637-6461

FREEDOM NOW WELCOMES CALL OF 26 MEMBERS OF U.S. HOUSEFOR RELEASE OF RENOWNED HUMAN RIGHTS ADVOCATE FILEP KARMA

Today, a bipartisan group of 26 members of the United States House of Representatives, led by Reps. Joseph Pitts (R-PA) and James Moran (D-VA) requested that President Susilo Bambang Yudhoyono of Indonesia release Papuan human-rights advocate Filep Karma. In the letter, attached, the Representatives declared:

Mr. Karma’s case represents an unfortunate echo of Indonesia’s pre-democratic era, when Indonesia regularly imprisoned political activists on unlawful grounds…. We urge your government to uphold its commitments to international law and to its own domestic law and immediately and unconditionally release Mr. Karma.

Other signatories to the letter included members of the House’s Committee on Foreign Affairs, Chris Smith (R-NJ), Dana Rohrabacher (R-CA), and Eni Faleomavaega (D-AS); and co-chairs of the Tom Lantos Human Rights Commission, Jim McGovern (D-MA) and Frank Wolf (R-VA).

Freedom Now attorney Sachi Jepson stated: “We, along with an international community of supporters, are heartened by the House’s efforts to restore justice and health to Mr. Karma. We sincerely hope the Government of Indonesia will bring an end to Mr. Karma’s unlawful detention and that he can return to his family at long last.”

Mr. Filep Karma, 52, is a prominent Papuan political activist and former Indonesian civil servant who is serving a fifteen-year prison sentence for his peaceful human rights advocacy. He was arrested on December 1, 2004, for organizing and participating in a ceremony at Trikora Field in Abepura, Papua, where hundreds gathered to raise the Papuan Morning Star flag and celebrate the anniversary of the 1961 Papuan declaration of independence from Dutch rule. Although Mr. Karma has explicitly denounced the use of violence, he was charged with treason and sentenced to fifteen years in prison. His wrongful arrest, detention, and trial violate Indonesian law and Indonesian obligations under international law. Mr. Karma is an inspirational leader of nonviolent human rights advocacy­currently suffering respiratory infections and abdominal pains while being denied medical attention.

Freedom Now welcomes the support of these Representatives and joins them in calling on President Yudhoyono to release Mr. Karma and urging the Indonesian government to comply with its commitments under international law and its own constitution.

###1776 K Street, NW, 8th Floor • Washington, D.C. 20006 • +1 (202) 223-3733 • www.freedom-now.org Our mission is to free prisoners of conscience through focused legal, political and public relations advocacy efforts.

 

—-

Congress of the United States
Washington, DC 20515

August 19, 2011

Dr. H Susilo Bambang Yudhoyono
President of the Republic of Indonesia
Istana Merdeka
Jakarta 10110
Indonesia

Your Excellency:

As Members of the House of Representatives of the United States Congress, we write asking your government to release Filep Samuel Karma, a Papuan political activist and former civil servant, who has been unlawfully and arbitrarily detained since 2004.

Mr. Karma is a prominent non-violent Papuan political activist. He is currently serving a 15- year prison sentence following his raising of the Papuan Morning Star flag at a 2004 political rally celebrating the 1961 Papuan declaration of independence from Dutch rule. U.S. policy towards Indonesia supports the advancement of universal human rights and the fair and nondiscriminatory treatment of all people, which includes the peoples of Papua and West Papua. As a strategic partner, we remain concerned that your government meet its fundamental obligations to  protect the rights of its people, as respect for human rights strengthens democracy.

Mr. Karma’s trial violated international standards of due process of law. For example, the judge made several plain statements indicating a bias against Mr. Karma. Additionally, Mr. Karma’s appeal was rejected on unfounded procedural grounds. And during his incarceration, he has suffered degrading and inhumane treatment, including the denial of necessary medical treatment. Recently, Mr. Karma has been placed in an isolation cell that is causing respiratory problems and has been denied adequate food and water. Additionally, Indonesian authorities have repeatedly threatened to move Mr. Karma to Nusa Kambangan Prison, which reputedly has the worst prison conditions in Papua.

Mr. Karma’s case represents an unfortunate echo of Indonesia’s pre-democratic era, when Indonesia regularly  imprisoned political activists on unlawful grounds. Indeed, Mr. Karma’s case was cited in the United States State Department 2009 Human Rights Report as an example of Indonesia’s detention of political prisoners. Accordingly, Mr. Karma’s release would be a welcome indication of the Government of Indonesia’s otherwise robust commitment to  democracy and human rights.

We urge your government uphold its commitments to international law and to its own domestic law and immediately and  unconditionally release Mr. Karma.

Sincerely,

Joseph R. Pitts
James P. Moran

Frank R. Wolf
James McGovern
Jim McDermott
Christopher Smith
Heath Shuler
Steve Cohen
Chellie Pingree
Henry A. Waxman
Tammy Baldwin
Edolphus Towns
Carolyn B. Maloney
Lloyd Doggett
Michael M. Honda
Bob Filner
Janice D. Schakowsky
Thaddeus McCotter
Barney Frank
Steven R. Rothman
Jesse L. Jackson, Jr.
Sam Farr
Dana Rohrabacher
Edward J. Markey
Maurice D. Hinchey
Eni F.H. Faleomavaega

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Melkianus Bleskadit sentenced to two years

JUBI, 19 August 2011

Melkianus Bleskadit was sentenced yesterday in Manokwari court to two
years for his role when the 14-star flag was raised.

A day earlier, the prosecutor asked for him to be sentenced to five
years. The prosecutor has announced that he will mount an appeal against
the verdict.

In a report made public by the human rights lawyer Yan Christian
Warimnussy it was stated that Melkianus was arrested along with Dance
Yenu for flying the 14-star flag to mark the anniversary of independence
for ‘West Melanesia ‘ on 14 December 2010.

In a comment on the verdict, Yan Christian Warinussy who was also a
member of the defence team, said that while the judges had taken a good
decision by limiting the punishment to the criminal element of the
incident, indicating that he was not willing to go as far as the
prosecutor, in the end his client had been given a much higher sentence.
According to past experience involving the case of Jacob Wanggai and his
colleagues, the judges had passed a shorter sentence which was
subsequently increased at the request of the prosecutor, resulting in a
far higher sentence.

He also said that the defendant had been held in a cell of the Manokwari
prosecutor at the Manokwari prison in breach of the law. He said that
both the judge as well as the chief prosecutor had obstructed his
client’s release to the moment when the high court judge could decide on
extending the period of the appeals detention which should have ended
on 19 August.

The three hours of freedom that his client should have enjoyed had been
denied him by the decisions of the prosecutor and the judge. Moreover,
there was a show of force when a company of police security officers as
well special intelligence personnel stood on guard round Bleskadit at
the office of the prosecutor. He said that the the lack of
professionalism by both of these institutions had resulted in his client
being deprived of his basic rights.

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