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.]

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.

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.

Forkorus: international community must acknowledge the political rights of the people of West Papua

JUBI, 14 February 2011’The President of West Papua, Forkorus Yaboisembue has called on the international community which has raised the issue of basic human rights  to give evidence of its recognition of the political rights of the West Papuan people. If they fail to do this, he said, it means that the Papuan people are merely the colonial possession of a foreign power, while the world is only concerned with human rights, which, he said, is nonsense.

‘We call  upon the international community to discuss the issue of the right to self-determination, whereas this right of the Papuan people is being trampled underfoot. He was speaking after the court in Jayapura rejected the demurrer of the defendants submitted by the legal team of the Papuan defendants, Forkorus Yaboisembut, Edicon Waromi, Dominikus Surabut, Selpius Bobii and Agust Kraar.

Forkorus said that the international community has remained silent about the basic right of the Papuan people to self-determination, while it concerns itself only with the issue of human rights. The concept of human rights without any further evidence means that the international community is only toying with the problem, while there is plenty of evidence. Talking about human rights  while claiming that if these rights are recognised for all nations, this will be the way to safeguard peace in the world.’ This, he said, is utter nonsense.’

The international community, the USA, the European Union and the United Nations,never talk about the basic right of the Papuan people, who are campaigning all over the world and to other colonised people; this is is nothing more than empty talk.

Forkorus said that the world must give real proof of the concept of human rights by taking into account the importance of the political rights of the people of West Papua. The international community must prove its commitment to human rights because the Papuan people are bound by their right to speak out. This is an issue that lies deep in the hearts of all people including the people of West Papua. [The word used here is kesulungan the precise meaning of which escapes me, C Budiardjo]

‘When I say that I am a West Papuan, what then do you say? No one can force me to do anything. I have the absolute right to be a West Papuan.’

Edison Waromi who was standing beside Forkorus when he made this statement, said that the right of kesulungan [unchallengability ?] is recognised in the Bible to which the Papuan people are devoted. Quoting Verse 32, (8) of Deuteronomy in the Bible he said:  ‘It is God who determines the territory of all people’ which means that something determined by God cannot be challenged.’ The territory of West Papua  belongs to the people of West Papua.

When this was said, the crowd outside the courthouse cheered and applauded.

Treason Trials: Panel of judges reject demurrer by defendants

14 February 2012[Abridged in translation by TAPOL]

At the fourth hearing of the trial of Forkorus Yaboisembut and his colleagues which was held on 13 February, the panel of judges chaired by Jack Jacobus Octavianus SH announced that they could not accept the demurrer of the defendants which was submitted on  30 January, arguing that it was not in conformity with the law.

But the panel of judges failed to take into consideration the opening statement of the defendants which analysed the social, political and economic circumstances currently prevailing or the roots of the conflict in the Land of Papua at this time.

It was clear that the judges  only take into consideration  the thoughts and actions of the security forces such as the army, the police and the prosecutor and are only seeking those aspects of the law  which  restrict the right to freedom of expression of the majority of the Papuan people.

The defendants’ team of lawyers  went on to say that  the judges hearing the case are under pressure from forces outside the court of law as is clear from the fact that the head of the  Prosecutor’s Office along with the military commander of the Cenderawasih military command, the chief of police in  Papua and the prosecutor’s office  were approached prior to the hearing on 8 February and prior to the hearing held yesterday.

Our impression is, they said, that the powers that be in Indonesia  are very keenly following every aspect of the trial,  as is evident from the  extra tight security arrangements; the fact that access for the press to attend the trial  is very much restricted  while members of the public are not being allowed to enter the courtroom because it is packed with intelligence agents and members of various elements of the army and the police who are busy taking photographs and recording everything happening from very corner of the courtroom.

Forkorus, speaking on behalf of all the defendants, stood up and challenged the judges, saying that the judges will not be able to prevent him as the president of the NRFPB, the Federal Government of West Papua from reading out their rejection, a copy of which was then handed to the panel of judges

Responding to the statement of the defendants, Yan Christian Warinussy, a member of their legal team, said that the panel of judges should not at the forthcoming hearing try to restrict the defendants from expressing their views but should use those elements in the Criminal Code by simply noting the reports of the interrogations of the defendants (BAP).

The judges decision rejecting the defendants demurrer also called forth a strong statement from Yan Christian Warinussy who said that he did not agree with the viewpoint of the judges which only reflects the difference of opinion between the judges and the prosecutors and the legal team of the defendants, and he went on to say that it was wrong to say that their demurrer is not based on the law.

The team of lawyers also said that  the trial should be accessible to the international community and members of the diplomat corps in Jakarta so that they are able to follow developments in the trial.

The panel of judges then announced that the next hearing would take place on Friday, 17 February, when witnesses for the prosecution would be heard, most of whom are members of the police force which was involved in the attcks against the defendants and the mass of people, following the closure of the Papuan Peoples Conference (KRP III) on19 October last year.

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