Yapen treason trial accused testify of torture in custody

from West Papua Media, with local sources

April 15, 2013

Defence witnesses have revealed the extensive and systemic use of casual torture and inhumane treatment by Indonesian police, whilst testifying at the Makar (treason) trial of two West Papuan peaceful political activists in Yapen District Court, Serui, on April 9.

IMG-20130409-00019
Yan Piet Maniamboi (defendant seated on Left) during cross-examination by Matius Matulesi, SH

The activists had been threatened with twenty years jail for organising a nonviolent march about media freedom in West Papua. The two men, Edison Kendi (38) and Yan Piet Maniamboi (36) were arrested for their involvement in organising peaceful demonstrations in Yapen on May 1, and August 9, 2012 for World Day of Indigenous Peoples,  and have been held in atrocious conditions in Serui prison and have been subjected to routine and regular torture since their arrest.

Banner at freedom of expression rally rejecting Indonesian rule in Papua on the International Day for Indigenous People. Photo via Alex Rayfield from West Papua Media stringers in Yapen.

The treason trial has been beset by procedural mistakes and the failure to appear of several police officers as prosecution witnesses.  Edison Kendi is the National Federated Republic of West Papua’s Governor of Saireri region.

According to independent observers present at the April 9 hearing, the four defence witnesses testified that they were beaten and tortured during detention and interrogation by Yapen police, and were forced to provide false information to stop the torture.  The presiding judge suspended the trial for five minutes to talk with witnesses as the BAP (Case Records) were in danger of being revoked by the judge, legally inadmissible as they were based on testimony extracted under torture.

One of the witnesses, named John, answered Prosecutor Matius Matulesi’s questions on the validity of the Case Records version of testimony, the prosecutor disagreed with John and called him “Swanggi” (Devil or Ghost).   Matulesi also began to threaten both the witnesses and defendants with hoax charges for testifying about their mistreatment.  Matulesi, a Christian native of Maluku, is known as a hard-liner and being “very inhumane in demanding punishment to the fullest extent on  native Papuans in Serui, according to human rights observers at the trial.

Edison Kendi had previously testified about the brutality inflicted on him and Maniamboi whilst being held at Yapen police station, and then after their transfer to Serui  prison on December 9, 2012 .  Kendi wrote in statement provided to observers:

“Since we were arrested we were tortured, kicked, pierced with wood, hit with wood, so we suffered extraordinary bruises and swellings, but (we were) never treated (for injuries) during our detention at the Yapen police station. Police did not allow us to be treated, for the  reason we are OPM (Free Papua Movement).”

Failure to provide medical attention for injuries whilst in custody is a grave human rights violation in and of itself, under the UN Standard Minimum Rules for the Treatment of Prisoners, and also the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment – obviously in addition to the torture suffered by the defendants.

IMG-20130409-00016
Defendants Yan Piet Maniamboi (fourth from left) and Edison Kendi (5th from right), with family, supporters and legal counsel, in court before the hearing. (photo: West Papua Media stringers / NFRPB)

Matius Matulesi has also come in for heavy criticism over his violations of basic prisoner rights to medical treatment in this case, for injuries sustained by the defendants whilst under torture by Yapen police.  According to Edison Kendi, “On December 19, 2012 I submitted an application to the clinic in the Prisons for medical treatment, but I was not allowed to go out (to the hospital) by the Attorney on behalf of Matius Matulesi, SH –  so we just keep quiet and bore the pain. I’ve been treated at the clinic LP / prisons but with no improvement. I was sick when swelling on both my legs because of torture when captured and examined at the police Yapen station. I have repeatedly applied for treatment outside of LP / prisons but it’s all just all in vain since the detention December 6, 2012 – January 21, 2013 is not permitted by the prosecutor Mathius Matulesi, SH”.

Matulesi also allegedly prevented Kendi from attending the funeral of his father, allowing him only two minutes with his father’s body before being taken back to prison, despite other Indonesian prisoners, including prisoners convicted of violent terrorism offences, routinely granted this basic right.

The trial was adjourned for the prosecutor to present two investigators from the police station at the next session to be confronted with the witnesses’ testimony.

West Papua Media

Arbitrary arrests, disappearance of civilians by police in Tolikara and Mulia

Apologies for the delay in posting
by West Papua Media with local sources
April 13, 2013

Independent human rights workers in Puncak Jaya regency have reported that Indonesian police and army in the remote highlands district of Tolikara have been continuing to arbitrarily arrest civilians, allegedly to fill arrest quotas required for promotion, as part of routine crackdowns on civilians harbouring pro-independence thought in Papua.

Three civilians were also arrested by a combined Indonesian army (TNI) and Police platoon on March 9, at the Pasar Lama market in Mulia town, Puncak Jaya.   Nonggop Tabuni, Delemu Enumby and Jelek Enembe, were arrested based on false allegations according to witnesses interviewed by human rights workers, though the exact nature of the false allegations was unreported.

Credible sources have also reported that the same motive was behind the arbitrary arrest and an alleged beating by Papua Police (POLDA) in Tolikara on April 1.

Police from Tolikara station arrested a 35-year-old farmer, Josiah Karoba, 9,.25 am on April 1, while he was standing in front of a kiosk on Jalan Irian Tolikara.  The victim was arrested on the pretext of failing to carry his KTP (National Identity Card), a Suharto-era law designed to identify Communists that has been relaxed everywhere but Papua.

Karoba was then arrested “roughly” and taken to the police station Tolikara, according to witness reports, however Karoba’s family have no information about his current status or whereabouts since his arrest.   Karoba’s family and human rights workers hold grave fears for his safety and freedom from torture.

Human rights sources have told West Papua Media that the Tolikara arrests are  motivated in the interest of police promotion, by arresting innocent civilians and continuing to make victims of innocent Papuan civilians.

There is no indication as yet that the arrests are connected with a massive operation currently ongoing targeting National Liberation Army fighters under Goliat Tabuni, hunted after their killing of six Kopassus special forces soldiers on February 21.  With independent media heavily restricted by the operation, details of sweep arrest of other civilians during the operation has been unverifiable, but local sources have reported that hundreds if not thousands of civilians have been detained or forced to flee from their villages during the operation.

westpapuamedia

 

Selpius Bobii: “Stop violence in Paniai, proceed with heart to heart communication”

(Apologies for the delay in posting due to significant funding shortfall and time over-commitments from WPM team)

Analysis/ Opinion

27 March, 2013

 by Selpius Bobii, Abepura Prison

The ongoing conflict in Papua is deliberately generated and professionally driven by Indonesian government through its defence system, purposely to defend the sovereignty of Indonesia over Papua.  Beside political conflicts, economic factors play a certain role in initiating conflicts in Papua. As a result, both Papuan and non-Papuan civilians suffer the consequences, but mostly indigenous Papuans suffer the worst outcome of these conflicts.

One of the regions in Papua that draws major attention of the Indonesian military is Paniai.  The conflicts there that are deliberately initiated by the Defence force of the Republic of Indonesia in confronting the OPM troops led by John Yogi has left the people of Paniai in great devastation.

These ongoing conflicts have left the civilians in a frightening and intimidating situation because Indonesian Police and Indonesian National Army have been doing mass military mobilisation and convoys, committing sexual harassment and assaults on woman and girls, carrying out unlawful arrests, torturing innocent civilians, and raids from house to house, confiscating hunting tools like bows and arrows, axes, and knives.  The local people had to move to the neighboring villages searching for refuge, food and health. Some of them got sick and died, some were shot dead by the Indonesian military.

Violence, intimidation and unlawful detentions by Police  Army are escalating in Paniai in the last few weeks, especially to combat the (local) OPM movement led by John Yogi.

Marko Okto Pekei, SS (Activist from Timika Catholic Parish) reported that the tense situation in Paniai has been going for a long period of time following the forceful disbanding (by Indonesian security forces) of the OPM HQ in Eduda in October 2012. After the incident, Indonesian Security Forces deployed massive number of Indonesian Military personnel in Paniai.

On the afternoon of February 24th 2013 the people of Paniai witnessed the deployment of Indonesia Military into Paniai, 53 trucks dropped them.  During the deployment, a source that did not wish to be named mentioned that an Indonesia police officer (told him)  that, in February 2013 alone, the government ( especially the Defence Ministry) of Indonesia has deployed more than one thousand military personnel from Kelapa Dua Jakarta to Paniai.  As a result, people in Paniai, especially fathers and young men, feel intimidated everywhere they go.  They could not go out for gardening because of the fear that they would be suspected as members of OPM.

During that tensed situation, Marko Pekei also reported that there has been raids carried out in the middle of the night in the villages, unlawful arrest, torture, and forceful kidnapping, abduction and killing of innocent civilians in Paniai.

The latest cases for example are, Stefanus Yeimo who was shot dead by Indonesian Police (Brigade Mobile) at 15:30 (west Papuan time) in Kopo Paniai. He was shot when he and his friend were at a local store buying cigarette. According to the Indonesian Police (POLRI) the reason behind the shooting is, he was suspected to be member of OPM.

At 18:00 on the same day, Stefanus was buried by his family in Kopo village, Paniai.

Meanwhile, according to report from an Activist from Justice and Peace Division of Timika Catholic Parish, there is another victim from the Moni Clan; Indonesian National Army Special Team 753 in Uwibutu tortured him on Saturday March 23rd 2013 at 21:30 local time.

After the victim was arrested he was beaten, kicked and was dragged along the asphalt road. At that time few by passers witnessed that violent and unjust treatment. The victim was even dragged into the police checkroom and brutally tortured until the next day and he was rushed to the hospital for medication.

According to the relative of the victim who did not wish to be named, the victim was intoxicated but was not violent when he went to visit a family friend at the hospital. He left the hospital at 21:30 local time. That was when the Indonesian Army Special team 753 from Paniai unlawfully arrested him took him to their base and beat him up, tortured him and they took him the hospital.

In response to the escalating and ongoing violence in Paniai, We the Front PEPERA (Act Of Free Choice) would like to take this opportunity to demand:

1). Indonesian Army (TNI) and Indonesian Police (POLRI) to stop excessive terror, torture, kidnapping and unlawful arrests and shootings in Paniai.

2). Cenderawasih Regional Military Commander XVII and Provincial Police Commander to stop deploying military personnel in Paniai and as soon as possible withdraw the additional personnel that was deployed from Jakarta.

3). The military personnel who violates human rights in Paniai be brought to justice.

4) Cenderawasih Regional Military Commander XVII and Provincial Police Commander as soon as possible sack the Indonesian Army (TNI) and Indonesian Police (POLRI) personnel who are responsible for the ongoing violence in Paniai.

5). People, Government and Church to work together hand in hand, establishing communications from heart to heart in order to curtail the violence and human right abuses that has been going on in Paniai for a very long time.

6). Journalists to truthfully and honestly expose the real situation that has been happening in Paniai

7) Violence will never solve the conflicts in Papua, therefore We the PEPERA (Act Of Free Choice) Front would like to take this opportunity to demand the United Nation or a neutral third-party to immediately act unconditionally and according to the international law to end the political and social injustice in Papua.

This statement serves as guide and to be carried out by the concerning parties who thinks Papuans deserves justice, peace and security in Papua and especially in Paniai.

Selpius Bobii, Abepura Prison: Wednesday, 27th March 2013.

Selpius Bobii is the General Chairperson of Front Pepera (The United Front of the Struggle of the People of Papua)  and is currently one of the “Jayapura Five”, Political Prisoners held in Abepura Prison, Jayapura, West Papua.  The five (Bobii, Forkorus Yaboisembut, Edison Waromi, Dominikus Sorabut and Agus Kraar) were found guilty in an opaque and predetermined trial of  Treason (Makar) charges, laid after the violent Indonesian security force crackdown on the Third Papuan People’s Congress  in October 2011.

 

Interview With Bucthar Tabuni, Chairman of the West Papua National Parliament

(Apologies for the delay in posting due to significant funding shortfall and time over-commitments from WPM team)

(Translated by WPM Team for SuaraPapua.com)

Original article at SuaraPapua.com, March 23, 2013

https://i0.wp.com/suarapapua.com/wp-content/uploads/2013/03/vb.jpg
Chairman of the West Papua National Parliament, Bucthar Tabuni, and Chairman of the West Papua National Committee, Victor F Yeimo (Photo: Private)

PAPUA, Jayapura – recently,  suarapapua.com journalist Oktovianus Pogau, had the opportunity to interview with Bucthar Tabuni, the Chairman of the West Papua National Parliament (,).  In this interview Tabuni speaks about the criminalization of peaceful struggle of West Papua National Committee (KNPB), by the Police force in Papua.

Follow the interview below.

 What is the security forces attitude towards KNPB?



I see that the security force fears even more if KNPB exist in the Land of Papua. This is because of the mass and the base of KNPB is firmly rooted.  Indeed, during my leadership, the strength that we have built with the people is serious. So, at this time the security forces were escorting us to matters that did not enter our minds, and tried to destroy the struggle for peace that was pushed by us.

I hope this does not become an obstacle for KNPB to further progress and develop into the
 future.  If there’s any issue, then it should be coordinated with PNWP as the political body of the Papuan people. And we are ready to be responsible to the people, as well as to the 
KNPB board itself.

How’s the leadership of the new chief of Police (Kapolda), Tito Karnavian?



For Kapolda Papua at present, I think we just stay in an intensive communication, however 
my only regret is related to imprisonment of KNPB activists in Wamena Jayapura, Biak and Timika, that is being dragged on without a clear legal process.

I officially conveyed to the Chief of Police, I will still guarantee security throughout Papua when orders (are made) to release political prisoners, abolish the lists of wanted-persons 
(DPOs) of KNPB activists, and open a space for democracy, but also demands that have not been
 fulfilled.

I hope, all of these (demands) can be fulfilled soon. If it has not been answered, I
 will make a mention of the demands to the public and the police chief, but I’m (still) 
waiting for a response to the demands.

What was Kapolda’s Response?



His response was good, but not optimal. For example, legal issues with some KNPB members being detained should be settled with the Police, but his officers eventually put (a formal) submission to the Attorney General, 
so the legal process at court is protracted, and we are very disappointed for now.

The Papua issue needs communication. If it’s ignored, it will cause
 disappointment, and the violence will never disappear. If there is to be anything at all, then it should be 
communicated. Pak Kapolda responded well, but not optimal. And until now I’m still waiting.

KNPB accused of masterminding violence in Papua?



Officials still have a biased stigma towards the KNPB, starting from being considered as actors of
 violence, all the way to being the perpetrators of violence in Papua. I argue that, during my leadership, the peaceful campaign of the struggle by peaceful demonstrations have always 
been promoted.

KNPB are people’s media, so it would be inappropriate if we called masterminds of violence.  
KNPB also never ordered the people of Papua, nor a member of KNPB 
throughout Papua, to struggle with violent means.

Even if there is (violence), that cannot be generalised or all associated together. In the society, there are good people, some are evil, there are few that listen to advice, and some that are not willing to hear the advice, and it’s a normal thing, and it happens everywhere, including 
in KNPB today.

Although Kapolda asked us not to do violence, one needs to know that 
lots of those acts are carried out by TPN/OPM (Tentara Pembebasan Nasional or National Liberation Army).  And this is outside of civil society, but if its in town I would 
guarantee safety. I do not have the right to intervene on TPN/OPM actions.
  My civic leadership is in the town.  TPN/OPM field of operation is different from my field.

What is the condition of KNPB activists detained in Wamena, Timika and other places?



They all regret, because the legal process that is underway has not been proven 
as a legal case. If they obtain or store sharp tools, then almost everyone 
in Papua, including immigrants, also obtain (these tools) such as knives and other sharp instruments.

The cases of KNPB members in Wamena is seen (to be premeditated) that the authorities already have 
strategies to arrest them. Why do officers go check sharp instruments only at
 KNPB activists home, while many immigrants who also own and store those things 
that are mentioned?

The question is, those things are there, but what are they used for, who is harmed, how many victims? –  there are no legal facts. This is why I asked that Kapolda must release 
them, but he hasn’t reacted to my demands.

The detainees until now regret, because without fair (or truthful) evidence and legal facts, they still undergo jail terms.  A question from me, why didn’t the police force arrest knife-sellers or sharp instruments in the market?  Of course this is weird.

How’s the assistance from Counsel (legal assistance)?



I thank the council for their assistance in assisting the KNPB activists in various prisons in Papua, but there is no assistance given to the case that happened in Wamena.

I see that the counsel hesitates in giving their assistance; we are able to facilitate with fund and provide them with accommodation. However, it is acceptable if they are busy. I plead for the judge and the prosecutor to work in conjunction together and help me with all the decisions to hopefully free all of them.

According to the charges that were made, there are many political aspects in comparison with those of law. Hence, various approaches have to be done in order to silence the struggle of West Papuans, and that include punishing detainees. Police and Army forces (Polri & TNI) will always find gaps and use that to perform ongoing injustices to the struggle in Papua. Therefore, an exceptional consideration is needed.

KNPB is regarded as Highlanders?

I’m shocked when I heard that statement. KNPB originates from Papua and we have Regional Parliaments called Parlemen Rakyat Daerah (PRD) in Biak, Manokwari, Wamena and Merauke, and they are all representative of West Papua.

I believe that this opinion is from people that don’t understand what consolidation is. I can also say that that opinion comes from people that don’t do field work but just voicing their thoughts. We have been working together (around Papua) for six years.

Don’t look just at KNPB, but the important thing is to see the agenda we have been working on. Supposing that the agenda makes sense and  is rational, why don’t we gain the support from others? We are just normal human beings but if this agenda can grant West Papua an Independence, it has to be supported, especially by those who mock KNPB.

Message for KNPB Activists?

Suppose you are keeping sharp weapons in your homes, it’s wise to throw them away or to avoid or keep away from them. Let alone the outsiders to have them. It has been several days since the silence of KNPB, it doesn’t mean that KNPB withdraws and is scared of the coloniser.

The current situation is uncertain so that we choose to be silent and to be patient. Let’s stay calm and plan for our new strategy to rise again. Do not worry about the tactics sets by the enemy, we have to think and plan for other approaches.

Message for the People of West Papua?

Independence is not something that we can achieve in an instant. West Papuans, don’t get bored, don’t be lazy and don’t give up the fight. There is no struggle that does not bear an outcome, everything does. We just have to wait for right time.

Hence, I call out to every West Papuan to work together, to be committed in what we are doing to keep up the fight in order for West Papuan to be free from Indonesian Colonialism. By doing so, not only we keep the fighting spirit alive but we also honour all the sacrifices of the late Arnold Ap, Thomas Wainggai, Kelly Kwalik, Mako Tabuni, Victor Kogoya, Hubertus Mabel, and all West Papua Independence activists that were killed by the Indonesian Military.

(translated and edited by WPM)

Testimony of Markus Yenu of his arrest and interrogation

Manokwari, 7th March 2013

Markus Yenu was arrested at the side of the road in from of Daniel Sakwatorey’s house (former political prisoner in Papua, 2008) at Sanggeng Manokwari West Papua. The arrest was by Manokwari’s Criminal Police Unit at 11.32am West Papua time, on the order of Manokwari’s Criminal Police AKP. KRISTIAN SAWAKI. The Manokwari Criminal Police officers were driving a black Inova with the number plate DS.9977.

According to Markus Yenu’s evidence (he’s the Executive Governor of the West Papua National Authority District 2 Manokwari) after he was arrested and taken to the police station at Manokwari, he was immediately taken to an interrogation room and asked to give information about a peaceful demonstration on the 17th January 2013 during which the morning star flag was flown. There were various sized flags flown, and also biased political speeches from several leaders from the Free Papua movement who were inciting people to overthrow the legitimate government.

Markus Yenu also gave evidence that when he was in the interrogation room at the Manokwari Police Station he was visited by Kombes (Pol) Yakobus Marzuki former chief of police in 2008 and now Director of Papuan Police Intelligence. Marzuki told Yenu:

  • Comprehensive data from the Police indicated Markus Yenu was involved with provoking the acts of arson and destruction that three police officers faced on the 5th December 2012 following the shooting of Thimotius Ap.
  • In the near future police plan to meet with Kesbangpol to get rid of all organisations that don’t support the Ideology of a United Republic of Indonesia (NKRI)
  • Eight people are already dead, but police and TNI will be pursuing and removing any subversive groups both in the forest and the city.
  • Whereas for Markus Yenu there was an order from police headquarters to disable him.

According to Yenu, the Director of Papuan Police Intelligence said many other things indicating a threat to human rights and democracy activists in Papua.

Yenu said that, ‘After me, the police will arrest another six people who have been identified as suspects

1). Frans Kapisa,

2). Billy Auparay,

3). Ottow Rumaseb,

4). Jakobus Wanggai,

5). Eliazer Awom, and

6). Zeth Wambrauw

 

Source: WPNA Manokwari

 

Create a website or blog at WordPress.com

Up ↑