Tag Archives: Fabrication of charges

Timika Six plead for international intervention after sentence passed despite unproven case

by West Papua Media, with Oktovianus Pogau at SuaraPapua.com

April 18, 2013

Six West Papua National Committee (KNPB) activists from Timika were each sentenced to one year in prison on Tuesday by judges from the Assembly District Court in a trial deemed as opaque and farcical by observers.  Sentenced on charges of carrying dangerous weapons and makar (treason/subversion), defence lawyers insisted that the six non-violent activists had no case proven against them and will immediately be lodging an appeal.

The KNPB Timika 6 back in their cells, photo taken April 17, after trial hearing. From L-R, (photo KNPB/ West Papua Media)
The KNPB Timika 6 back in their cells, photo taken April 17, after trial hearing. (photo KNPB/ West Papua Media)

The six, Romario Yatipai, Steven Itlay, Yakonias Womsiwor, Paulus Marsyom, Alfred Marsyom and Yanto Awerkion, were arrested on October 24, 2012, amidst a spate of high publicity arrests of KNPB activists by the Australian-funded counter-terror unit Detachment 88.  The then-incoming Papua Police Chief, former Detachment 88 chief Tito Karnavian,  exploited the brutal arrests to increase justification for use of Detachment 88 against political activists at a time when OTK (unknown persons, now known as Orang Terlatih Khusus or Specially Trained Persons) killings were spiralling out of control across Papua.

Despite Jakarta pinning the blame for the killings on non-violent activists from the

KNPB Timika Activist  Romario Yatipai
KNPB Timika Activist Romario Yatipai

KNPB, no credible evidence had been able to prove KNPB responsibility despite highly politicised and farcical trial processes.  Most independent observers have linked responsibility for OTK incidents in Papua squarely in the hands of agents of the Indonesian special forces.

In SMS and email communications to West Papua Media from the prison before and after the trial, KNPB activist and detainee spokesman Romario Yatipai said that the assertions made by police were “Simply lies”.

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“We are KNPB activist in Timika, West Papua. Indonesia Police jailed us with no reason.” – Romario Yatipai

“Indonesian police say that KNPB activist are criminals, terrorists, Makar (treason), separatist and so on,” Yatipai explained.

“Actually, KNPB activists in Timika always make peaceful demonstrations with all West Papuans.    We always make peaceful demonstrations to demand Referendum, as the best solution for West Papua,” he said.

Central to the police case was that the accused were allegedly carrying explosives to be used against Indonesian police posts and military targets, yet no evidence was furnished that could prove that the accused possessed explosives before t

Despite the Australian Federal Police providing Detachment 88 with state-of-the-art explosives and ballistic forensic testing capability to secure counter-terror convictions, none of this equipment or personnel were deployed in Papua for any of the OTK  trials, and no forensic proof was available at the Timika 6 trials that could have linked any of the defendants to use of explosives.

The trial heard wild accusations from prosecutors and police, but defence lawyers led by Gustaf Kawer, objected and expressed surprise when Yanto Awerkion (19) was sentenced.

As to who had ownership of explosives, Kawer explained to Suara Papua, none of the witnesses saw the defendant carrying explosives, but officials forced the defendant to claim possession of explosives.

“Since the moment of the defendant’s arrest along with five colleagues, there were absolutely no explosives he possessed … Yet when he reached the Mimika police station, the officers brought explosives and used it as evidence, and compelled the accused to confess  having an explosive. It’s very strange,” Kawer told Suara Papua.   “Our legal counsel will conduct a plea on April 23, 2013. The sixth defendant must be released immediately because of  not proven guilty, ”

Kawer also objected to the sentencing of the other defendants under makar provisions, saying the judges decision “did not correlate with the examination of the facts.”

“For the first case, it’s not proven that the five defendants were in the possession of sharp weapons.  And concerning the  treason related article, also during the course of investigation (there was) not any reference to it, but nevertheless the judge decided one year in prison by saying treason  that was proven – so we will appeal, ” Kawer told suarapapua. com.

After the defendants returned to the prison cells that have been their home since October 2012, they made a video appeal on their mobile phones, calling on the international community to do more to ensure that Indonesia ceases its persecution of peaceful political activists.

“We hope (the) International community, Amnesty International, IPWP, ILWP support us and pressure Indonesia government, Indonesia Police in Papua and Timika,” Yatipai told West Papua Media.  “West Papua activists, and all West Papuans need UN Observers,  UN Humanitarian workers, and International Journalists now in Papua.”

“Please support us with prayer and monitoring for us” said Yatipai.

westpapuamedia

AHRC: PAPUA: Medical workers criminally charged for protests over their income

August 30, 2011

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-150-2011

30 August 2011
———————————————————————
INDONESIA: Medical workers criminally charged for protests over their income

ISSUES: Freedom of Expression, Fabrication of Charges, Labour Rights
——————————————————————–
Dear friends,

AHRC-UAC-150-2011-01.jpgThe Jayapura regional police in West Papua have charged eight medical workers with incitement and objectionable acts following their peaceful protest against regulation 141/2010 by the provincial governor. The regulation deprives the Jayapura hospital’s medical workers of certain payments. An earlier request to meet and discuss the situation was ignored by the governor. Moreover, the medical workers were reported to the Jayapura regional police for violating criminal law with their protest. The AHRC sees the fabrication of these charges as a violation of the workers freedom of expression. Peaceful protesters have frequently been criminally charged for incitement or disobedience in West Papua and other parts of Indonesia. (photo: workers in front of the house of representatives in Papua, source: ALDP)

CASE NARRATIVE:

The AHRC has received information from KontraS, the Commission for the Disappeared and Victims of Violence, regarding the fabrication of charges against workers who had conducted a peaceful protest. The medical workers serving in the Jayapura District Hospital have been receiving an incentive bonus since 2005. In 2010, the governor of Papua decided to alter this incentive.

When news reached them of the possible change the workers feared that they would lose this payment and made requests for a meeting with the governor which were initially ignored. Only after the medical workers conducted a peaceful protest in front of the local parliament building in Jayapura on 2 December 2010 did a dialogue take place the following day. The workers met with several commissioners including the Regional Secretary of the province, the head of the Legal Division, Papua’s health agency representative and a representative of the Jayapura hospital.

AHRC-UAC-150-2011-02.jpgThis meeting resulted in an agreement regarding the amount of the incentive payment. On 6 December 2010, the governor of Papua issued resolution no. 125 of 2010 implementing the agreement. However, in an abrupt about face, on 30 December 2010, the governor revoked the earlier resolution with another one (no. 141 of 2010) and thus deprived the medical workers of the respective payments. (photo: workers at the regional police correctional facility, source: ALDP)

The medical workers again requested a dialogue with the governor asking the reinstatement of resolution no. 125 of 2010 which was once again ignored. They then held a peaceful demonstration from 1 — 14 March 2011.

AHRC-UAC-150-03-2011.jpgOn 12 March, 2011 a report was made to the Papua regional police that the protestors were alleged to have carried out acts of incitement and objectionable acts as mentioned in article 160 and article 335 point 1 respectively in the criminal code. The report deplored the medical workers absence from their health service duties while participating in the protest. Leni Ebe, the coordinator of the protest pointed out that not all staff attended the protest and that they had arranged to ensure that health care was sufficiently provided to patients. (photo: workers receive letter regarding leave on bail from a lawyer, source: ALDP)

On 15 March 2011, at 10.00 am, Leni Ebe and Popi Mauri were examined as witnesses in the criminal case against them at the Papua regional police headquarter. At 03.00 pm, the police declared eight persons including Leni Ebe and Popi Mauri as suspects in the case.

The AHRC is concerned about the ongoing criminal procedures conducted against the workers for organising a peaceful protest. Criminal charges against peaceful protesters have increased in Papua and West Papua in recent years and several political protesters were convicted with prison sentences.

SUGGESTED ACTION:
Please write letters to the authorities listed below urging them to drop the charges against the eight medical workers of the Jayapura hospital.

Please be informed that the AHRC is sending letters on this case to the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, calling for strong interventions.

SAMPLE LETTER:

Dear _____,

INDONESIA: Medical workers criminally charged for protests over their wages

Name of the victim: Leni Ebe, Popi Mauri, Stevi Siahaya, Luthrinu, Siska Mandosir, Yolanda Inauri, Dolita Ataruri, Imbenay
Alleged perpetrator: Papua regional police
Time of incident: 12-15 March 2011
Place of incident: Papua regional police headquarter

I am writing to express my serious concern over the charges of incitement and objectionable acts against Leni Ebe, Popi Mauri and several others.

According to reports from KontraS, the Commission for the Disappeared and Victims of Violence, the medical workers serving in the Jayapura District Hospital have been criminally charged for their participation in a peaceful protest against a new regulation of the governor of Papua depriving them of some payments.

Fearing that they would lose this payment when news reached them of the possible change the workers made requests for a meeting with the governor, which were initially ignored. Only after the medical workers conducted a peaceful protest in front of the local parliament building in Jayapura on 2 December 2010 did a dialogue took place the following day. The workers met with several commissioners including the Regional Secretary of the province, the head of the Legal Division, Papua’s health agency representative and a representative of the Jayapura hospital. This meeting resulted in an agreement regarding the amount of the incentive. On 6 December 2010, the governor of Papua issued resolution no. 125 of 2010 implementing the agreement. However, on 30 December 2010, in an abrupt about face the governor revoked the earlier resolution with another one (no. 141 of 2010) and thus deprived the medical workers of the respective payments. The reasoning given for this new resolution was that the payment of the incentive would create duplication of budget.

The medical workers again requested a dialogue with the governor asking the reinstatement of resolution no. 125 of 2010 which was once again ignored. They then held a peaceful demonstration from 1 — 14 March 2011.

On 12 March, 2011 a report was made to the Papua regional police that the protestors were alleged to have carried out acts of incitement and objectionable acts as mentioned in article 160 and article 335 point 1 respectively in the criminal code. The report deplored the medical workers absence from their health service duties while participating in the protest. Leni Ebe, the coordinator of the protest pointed out that not all staff attended the protest and that they had arranged to ensure that health care was sufficiently provided to patients.

On 15 March 2011, at 10.00 am, Leni Ebe and Popi Mauri were examined as witnesses in the criminal case against them at the Papua regional police headquarter. At 03.00 pm, the police declared eight persons including Leni Ebe and Popi Mauri as suspects in the case.

I am concerned about the ongoing criminal procedures conducted against the workers for organising a peaceful protest and urge you to ensure that the charges against the eight members of the medical staff be dropped. I hope that the provincial administration could show more openness to dialogue and would commit to ensure that no person will be criminally charged for participating in a peaceful protest as such charges present a violation of every person’s right to freedom of expression as enshrined in Indonesian and international law.

I am kindly urging for your intervention into this case.

Yours sincerely,

———————

PLEASE SEND YOUR LETTERS TO:

1. Mr. Susilo Bambang Yudhoyono
The President of INDONESIA
Jl. Veteran No. 16
Jakarta Pusat
INDONESIA

Tel: +62 21 3863777, 3503088.
Fax: +62 21 3442223

2. Minister of Home Affair of Republic of Indonesia
Jl. Merdeka Utara No. 7 Jakarta 10110
INDONESIA

Tel: +62 21 3450058, 3842222
Fax : +62 21 3831193

3. Chairman of the National Police Commission (Kompolnas)
Jl. Tirtayasa VII No. 20
Komplek PTIK
South Jakarta
INDONESIA

Tel: +62 21 739 2352
Fax: +62 21 739 2317

4. Head of Indonesian Police
Markas Besar Kepolisian INDONESIA
Jl. Trunojoyo No. 3
Kebayoran Baru
Jakarta 12110
INDONESIA

Tel:+62 21 3848537, 7260306, 7218010
Fax :+62 21 7220669
Email : info@polri.go.id

5. The Head of House of Representative of Papua
(Ketua Dewan Perwakilan Rakyat Papua)
Jl. Dr. Sam Ratulangi No.2
Jayapura, Papua
INDONESIA

Tel: +62 967 533580
Fax:: +62 967 533691

6. Barnabas Suebu
The Governor of Papua
Jl. Soa Siu Dok
Jayapura, Papua
INDONESIA

Tel: +62 967 537523
Fax: +62 967 531847, 531853

7. Head of Police Area Headquarters Jayapura, Papua province
Polda Papua
Jl. Samratulangi No. 8 Jayapura
INDONESIA

Tel: + 62 967 531014
Fax: +62 967 533763

8. Head of National Commission on Human Rights of Indonesia
Jalan Latuharhary No.4-B,
Jakarta 10310
INDONESIA

Tel: +62 21 392 5227-30
Fax: +62 21 392 5227
E-mail : info@komnas.go.id

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)

Document Type :
Urgent Appeal Case
Document ID :
AHRC-UAC-150-2011
Countries :
Issues :