Tag: International Covenant on Civil and Political Rights

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.

 

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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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Seven more Papuans facing charges of makar

According to two reports in the tabloid, JUBI on 16 June 2011, there are seven Papuans currently on trial on charges of makar – subversion. In all these cases, the allegations relate to their participation in an event to commemorate the anniversary of the independence of the West Melanesian Republic on 14 December 2010 and their holding aloft the 14-star flag of the West Melanesian Republic. [This is not the Morning Star flag – the kejora – which is also frequently unfurled at peaceful demonstrations in Papua and has landed numerous Papuans in prison over many years.]

The first report relates to the trial of five students of UNIPA – State University of Papua. The five students are Jhon Raweyai, Yance Sekenyap, Penehas Sorongan, Alex Duwiri and Jhon Wilson Wader, whose ordeal in court has now entered its second hearing.

At this hearing, the defendants and their team of lawyers were given the opportunity to submit their demurrers challenging the court’s right to proceed with the trial. Their lawyer Simon Riziard Banundi said that he had submitted two demurrers as the five students were being tried in two groups.

The trial of the two other Papuans on charges of subversion was unable to proceed because three expert witnesses who had been called by the prosecution had failed to appear as promised. These two men, Melkianus Bleskadit and Dance Yenu are also being defended by Simon Riziard Banundi. Banundi sought clarification at the hearing about whether indeed the witnesses had been summoned as the prosecutors had failed to present copies of the summons sent to them. One of the witnesses was said to be ill while no explanation was given about the absence of the other two.

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Open Letter – FREE YOUTH ACTIVISTS AND RESPECT HUMAN RIGHTS OF THE PEOPLE OF WEST PAPUA

A Open Letter

 

To the Government of Indonesia, Indonesian Youth Activists, Indonesian Human Rights Defenders and Organisations, and the People of West Papua. 

RE: FREE YOUTH ACTIVISTS AND RESPECT HUMAN RIGHTS OF THE PEOPLE OF WEST PAPUA

A collection Youth/Human Rights Organisations and Advocates based in Fiji (and across Oceania) are concerned with the continued suppression of witnesses and the media regarding the imprisonment and secret court proceedings surrounding the arrest of 5 youth activists arrested on December 17th 2010 for raising the West Papua Liberation Flag.

Five youth activists Jhon Wenda, George Rawiay, Benha Supanga, Alex Duwe, and Iyance have been charged under Article 106 and 110 of the Indonesian Criminal Code.

Some 200 people took part in a peaceful ceremony outside Manokwari in December 2010, during which the Morning Star flag, a symbol of Papuan independence, was raised in commemoration of the declaration of Papuan independence in 1962.  When the flag was raised, Indonesian Military advanced on the crowd, firing shots and beating people with batons.

We have been advised by colleagues within the West Papua Liberation Movement that the health of these 5 youth activist and safety after been detained since December 2010 is of serious concern. They also noted the media censorship on the case and how many witnesses are afraid to testify because of further repression. We have also been told that a heighten sense of fear has been fueled by the continued presence of a 1000 plus military presence in the province of Manokwari that were ordered into the area.

Human Rights and the protection of activists or defenders of these rights must be respected if we are to allow peace to exist in West Papua. Indonesia as a State signatory to the Universal Declaration of Human Rights and many other Human Rights Instruments should see its role in the protection and advancement of Human Rights, Media Freedom, Civil and Political Rights of all peoples they claim to govern.

Indonesia was re-elected this year into the UN Human Rights Council for the period 2011-2014, which is an inter-governmental body within the UN system made up of 47 States responsible for strengthening the promotion and protection of human rights around the globe. Indonesia’s own human rights record has recently been brought to the forefront and we remind State parties of their obligations to ensure citizens are treated with dignity regardless of ethnicity, age or political opinion.

We urge the Indonesian President and Government of Indonesia, Indonesian Human Rights Organisations and all stakeholders  to intervene and ensure the release of the 5 youth activists and to make a public commitment that there will be no further arrests of individuals purely for the peaceful exercise of their right to freedom of expression, opinion, belief or association.  Specifically, we seek to ensure that laws concerning “rebellion” (Articles 106 and 110 of the Indonesian Criminal Code) are not used against people who have engagedonly in peaceful activities.

As we do not seek to advocate a particular position on the political status ofWest Papua, We believe the right to freedom of expression includes the right to peacefully advocate referenda, independence or other political solutions under a free media.  These rights must be upheld and respected.

Signed 

 

Peter Waqavonovono

Young Peoples Concerned Network

Suva, Fiji

 

Sharon Bhagwan-Rolls

FemlinkPacific

Suva, Fiji 

 

Filomena Tuivanualevu

Youth Coalition Fiji

(Former Ms Fiji) 

Suva, Fiji

Merewalesi Nailatikau

Youth Assembly of the Fiji Islands

(Former Ms South Pacific/Fiji) 

 

Veena Singh Bryar

FemlinkPacific

Suva, Fiji 

 

Melei MeleiTuvalu National Youth Council

 

Samuela Vadei

Western Youth United

Lautoka, Fiji

 

Felicity Dronavanua

Change Makers Youth Club

Savusavu, Fiji

 

Siosiua Po’oi Pohiva

 Friendly Islands Human Rights and Democracy Movement Inc

Nukualofa, Tonga 

 

John Tabeo

Rabi Youth Club

Rabi, Fiji  

 

Reginald Prasad

DAWG Youth Club

Labasa, Fiji

 

O A’U ( Oceania Audacities United)

Long Beach, California

‘Amelia Niumeitolu

 

Kris Prasad

Drodrolagi Movement

Suva, Fiji

 

Peni Moore

Womens Action for Change

Suva, Fiji

 

Seona Smiles

Writer

Suva, Fiji

 

Ester Grace

Soccer Initiatives for Girls

Ba, Fiji

 

Discombobulated Bubu

Democracy Advocate – Libertarian,

Fiji

 

Samuel Bird

Malaita Youth Club

Solomon Islands

 

Dennis Mekai

Vanuaku Youth Club

Santo, Vanuatu

 

Frank Lagi

Komas Bahai Youth

Honiara, Solomon Islands 

 

Sepesa Sigatokacake Rasili

Men Fiji

Suva, Fiji

 

Noelene Nabulivou

Fiji/Australia

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AMNESTY INTERNATIONAL: Indonesia must end criminalization of peaceful political protests in Papua

Amnesty International calls today for the immediate and unconditional release of seven prisoners of conscience, arrested and charged merely for their involvement in a peaceful political protest and flag-raising.

Their case highlights the continued failure of the Indonesian government to distinguish between armed groups and peaceful political activists.

A group of activists including students took part in peaceful march on 14 December 2010 protesting against injustice and human rights violations by the Indonesian security forces against Papuans. The march ended at the Penerangan Sanggeng field in Manokwari where other political activists had gathered to commemorate the anniversary of the independence of “West. Melanesia”. These activists are part of a group that emerged in Papua in the mid-1980s advocating the independence of Papua as “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) immediately responded by dispersing the crowd and arresting five students: Jhon Wilson Wader, Penehas Serongon, Yance Sekenyap, Alex Duwiri and Jhon Raweyai. They also arrested Melki Bleskadit and Daniel Yenu, two other political activists at the demonstration.

For several months the activists were forced to sleep on a wet floor in their detention cell at the Manokwari sub-district police headquarters (Mapolres) and all seven activists contracted malaria and lost a significant amount of weight. Their health and conditions of detention have since improved.

All seven men have been 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.

The trial of five of the men, all university students, began on 6 June 2011.

The rights to freedom of expression, opinion and peaceful assembly are guaranteed under the International Covenant on Civil and Political Rights (ICCPR), to which Indonesia is a state party, as well as the Indonesian Constitution. 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 a 2007 government regulation that bans the display of regional flags which are used by separatist movements. 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 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.

Amnesty International has reported on dozens of arrests in recent years of political activists who have peacefully called for independence, particularly in areas where there has been a history of pro-independence movements such as Papua and Maluku.

Prisoner of conscience Filep Karma is serving a 15-year prison sentence for taking part in a peaceful ceremony in December 2004 in Abepura, Papua, where the prohibited pro-independence  “Morning Star” flag was raised.

Most recently, in August 2010, the police, including the Special Detachment-88 Unit (Densus-88), arbitrarily arrested 21 men in the province of Maluku for planning peaceful political activities. The police reportedly tortured or otherwise ill-treated 15 of them during their arrest, detention and interrogation in order to force them to confess.

All 21 were charged with “rebellion” and are serving prison sentences of between nine months and three years.

Link: http://www.amnesty.org/en/library/info/ASA21/012/2011/en

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