Tag Archives: Forkorus

Two Papuan tapols with paralysis are waiting for permission to get treatment

JUBI,
30 March 2012

Two Papuan political prisoners who are being held in Biak Prison say that they are  waiting for permission to go to Jayapura for medical treatment.They are both suffering serious medical conditions.

Jefrai Murib said that he and his colleague Apot Lokobal are waiting for information from their lawyers and from the Department of Law and Human Rights  about their transfer to Jayapura for treatment. One of their lawyers, Lativa Anum Siregar told them they would have to wait until after the case of Forkorus and his colleagues has been completed.

[Note: Forkorus and his four co-defendants were sentenced to three years on 16 March 2012. Their lawyers have just announced that the five men are due to lodge an appeal against the sentence on 2 April. No date has yet been set for when the appeal will be heard which is likely to be weeks ahead. This means that these two suffering  tapols are likely to have to wait for at least several weeks if not months before getting the medical attention which they urgently need. According to another of their lawyers,  Olga Hamadi,  they will appeal against the sentence and call for the release of the five prisoners. They will argue that the court failed to prove that the five men were guilty of makar (treason). – Tapol]

As has previously been reported, lawyers at the Forkorus trial  said that none of the witnesses heard in the trial had given testimony about the alleged role they were said to have played; according to KUHAP, the Criminal Procedural Code Article 110 they should be proven to have been involved in a conspiracy.

Furthermore, 69 items of evidence were mentioned at the Forkorus trial, of which only one was presented during the trial, namely a banner.

Forkorus and his four co-defendants are now serving their sentences in Abepura Prison.TAPOL]

Jefrai Murib, one of the ailing tapols said they will have to wait till after the  Forkorus trial has been completed as well as after another of their colleagues, Kimanus has been treated for another ailment.

Jefrai Murib said the right side of his body is completely paralysed because of a stroke. ‘My right hand is also paralysed. Just going to the toilet is very difficult indeed for me..’

His colleague Apot Lokobal  said that he too is waiting for a permit to get medical treatment in Jayapura. He said that his condition is not as bad as that of his colleague Jefrai who is much more seriously ill. He is suffering from the same condition as Jefrai, with the right of his body paralysed.

The two men were arrested and sentenced for their involvement in an assault on an ammunitions dump of Kodim 1702, Wamena. Another twelve tapols were also tried and sentenced in connection with the same incident.

[Abridged in translation by TAPOL]

Recovering the State of West Papua, Sentenced to Three Years in Jail

Recovering the State of West Papua, Sentenced to Three Years in Jail

by John Pakage for West Papua Media

Op-Ed

Forkorus Yoboisembut, Edison Gladius Waromi, Agustinus M. Sananay Kraar,
Selpius Bobii and Dominikus Sorabut were sentenced to three years in prison, Friday (16/3). They were charged with founding the independent state of West Papua.

However according to the accused, the Third Papuan Congress simply affirmed the Papuan independence that was in place before Indonesia entered Papua.

“The Congress merely renewed the independence of Papua that was previously in place before Indonesia came to Papua” stated Forkorus to Cermin Papua in Jayapura (16/3).

Therefore, according to Forkorus, it is Indonesia that should be accused of subversion, given how it used military force to enter Papua.

The public knows that the Third Congress took place with official Indonesian government permit, from both Jakarta and regional police, authorizing the holding of the Congress in Jayapura.

Even though this official permit was granted, Indonesian police and military still attacked and captured Congress participants that were present at the time, without first issuing any warrant as required by the law.

Before the conviction and sentencing, the Papuan Customary Council (Dewan Adat Papua) asked the government to liberate the five accused in accordance with the UN’s Human Rights regulation of 2007 which affirms the right to self-determination of indigenous nations, including the West Papuan nation.

Representing the accused, attorney Gustaf Kawer stated that since the Third Congress until today, Papua has yet to exit Indonesia, such that the Congress must be considered as an expression of the democratic right to free speech.

“Until now Papua is still part of the Unitary Republic of Indonesia; therefore though the accused are convicted of subversion, these accusations are unfounded” said Kawer.

Reacting to the three year prison sentencing, the accused rejected the decision and stated their intention to continue to seek justice.

CP/ John Pakage

Forkorus is waiting for international support: Verdict to be announced on 16 March

Bintang Papua, 12 March 2012<Illustration at the beginning of the report shows the defendants addressing their sympathisers outside the court.>

The  twelfth hearing of the trial of the five defendants – Forkorus Yaboisembut (‘President of the Federal Republic of West Papua), Edison Waromi (‘prime minister’). Agustinus M Sanany Kraar, Selpius Bobii, and Dominikus Sorabut – was held in the Jayapura district court on 12 March. As had happened at the time of previous hearings,  a large crowd had gathered along the Abepura highway, causing a traffic jam around the courthouse, because of the presence of security force people who were also trying to regulate the traffic.

The defendants also stuck to their routine of saying prayers before the hearing and as well as giving speeches afterwards.

After the hearing concluded, Forkorus and his co-defendants  left the courthose while singing hymns making speeches in which they said that  reject the trial and reject the whole process of charging them with makar – treason. They also said that what they wanted was their unconditional release and they were now awaiting  responses from international lawyers who they had approached for international support. They said that none of the charges against  them were true but were the result of manipulations.

At 8.51 local time, the five defendants arrived at the Jayapura courthouse and as they got down from the coach, they sang hymns together with their supporters and  members of their families for fifteen minutes. This slightly delayed the start of the hearing.

At 9.05, the panel of judges consisting of  five people took their positions on the bench along with two secretaries.

The chairman of the panel of judges had to delay the start of the hearing briefly  because the chief prosecutor had not yet arrived.

This session was held to hear the response by the prosecutor – replik – to the defence statement by the defendants as well as by their legal team.

The chief prosecutor, Julius Teuf said that they firmly rejected the defence statement  as well as the statements made by each of the defendants.Teuf then said that they stood by their earlier  demand that the five defendants should be sentenced to five years imprisonment.

Freddy Latunussa, an expert member of the defence legal team, said that the statement by the chief prosecutor that the defendants had tried, called upon and urged  others to take part in an act of treason  had not been proven under Article  106 of the Criminal Code as had been alleged by the prosecution.

According to the observations of Bintang Papua, the defence team of lawyers  rejected all the demands  made against the defendants as stated in the Replik because the Criminal Code does not allow statements to be read out but should have been presented in writing. As the panel of judges had previously said that this should have been done in writing, the chairman of the panel said that they had given the prosecutors three days to do this in accordance with an agreement reached during a previous hearing.

A 9.20, the chairman of the panel of judges closed the hearing  and said that the trial would continue on Friday, 16 March, when the panel of judges would announce their verdict.

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.’

Amnesty Calls for Release of Forkorus and colleagues

Bintang Papua, 8 March 2012Jayapura: Amnesty International has called on the Indonesian Government to release Forkorus and his colleagues. This follows the demand made in court by the prosecutor for the five men to be sentenced to five years.

‘On 5 March, the prosecutor demanded that Forkrus Yaboisembut, Selfius Bobii, Dominikus Sorabut, Edison Waromi and Agust Sananay Kraar be sentenced to five years imprisonment. Amnesty believes that the men were arrested and have been detained simply for exercising their human rights peacefully, in particular their rights to freedom of expression and freedom of assembly,’ said Josep Roy Benedict, member of Amnesty’s team which campaigns for Indonesia and Timor Leste.

Amnesty declared that the five men are ‘prisoners of conscience’ and called for their immediate and unconditional release.

‘Amnesty is also concerned about the lack of progress being made by the Indonesian Government in response to the meeting of Indonesia’s National Commission for Human Rights which stated that abuses of human rights  had been committed by the Indonesian security forces at the time of the Third Papuan Congress on 19 October 2011, whcih resulted in the deaths of three persons and the maltreatment of dozens of participants,’ he said. The five men should be tried in a court that conforms with international standards of justice. In a number of recent internal disciplinary sessions, government officials have only been subjected to administrative sanctions.

He went on to say that the government must repeal or revise all laws that are being used to criminalise freedom of expression, in particular Article 106 of the Criminal Code.

Meanwhile, according to the Prosecutor, his demand for a five-year sentence for Forkorus and the other four is appropriate. He was responding to the views that have been expressed in some circles pointing out that in previous makar cases, the sentences have been higher that five years, even as high as twenty years or life imprisonment.

The Prosecutor Julius D Teuf said  that anyone who has followed the court hearings  will understand that the five defendants were guilty of making certain attempts. ‘Their intention was to establish a new state but they were not successful  because of the actions by the security forces and this is why we think that our demand for the five men is adequate.’

The next hearing of the trial of Forkorus and his colleagues is due to take place on Friday, 9 March.