Tag Archives: Lawyer

Forkorus’ eye problems not properly dealt with

JUBI, 18 April, 2012
Forkorus Yaboisembut, one of five Papuan activists who was recently sentenced to three years for his participation in the Papuan People’s Congress held last October, is now known to be suffering from eye problems.This was stated by Olga Hamadi, a member of the team of lawyers who have been defending Forkorus and his four co-defendants.

‘Forkorus complained about his eye problems  when we paid him a visit last week,’ said Olga Hamadi, and added that he was not getting proper treatment for the problem. ‘I was taken to the polyclinic but the treatment I had there was not satisfactory,’ Forkorus told his lawyer.

The Dewan Adat Papua – Papuan Customary Council of which Forkorus is the chairperson said that they too have reported the problem to the authorities at the Abepura Prison where Forkorus is being held. Forkorus has also sent a letter about the problem to  the High Court in Jayapura.’ His lawyer said that Forkorus had asked for their help to submit his letter to the High Court.

According to Olga Hamadi, the eye problem is not too severe and Forkorus is otherwise in good health.

Defence lawyer in Forkorus trial to be reported to the police

Bintang Papua, 1 March 2012

As a result of an incident during the 24 February hearing in the trial of Forkorus Yaboisembut, it is possible that a member of the defence team  is to be reported   to the police by the chief prosecutor at the trial.

One of the prosecutors, Julius Teuf, said that the problem is still under discussion at the prosecutor’s office. ‘But after having studying the matter and seeing whether we have strong evidence, it is clear that we will report a member of the defence team, Gustaf Kawar, for inappropriate behaviour during the hearing on 24 February.’

The incident occurred as the defence lawyer was interrogating a witness when there were a number of interruptions from the prosecutors. He therefore shouted to the prosecutor: ‘Cant you use your brain, I am still talking?’

In response, the prosecutor later said: ‘Why did he say such a thing? If I dont have a brain, how is it that I am sitting here as a prosecutor, an employee of the state as part of its legal apparatus?’

For his part, Gustaf Kawar said: ‘It is beyond comprehension that the prosecutor’s team will report me to the police. It is very usual for statements like that to be made during the course of any trial.’ He went on to explain what had happened.

‘The incident occurred while the lawyer was questioning one of the witnesses and the prosecutor kept interrupting me which is why I responding eventually by saying. ‘You should use your brain, I am still speaking so please be patient.’

According to Kawar, the prosecutor was very offended by these words, whereas it often occurs that words are used by either side or by the defendants in the course of a trial, causing tensions. He also said that he had reported the matter to the Indonesian association of jurists, Paradi.

The secretary of the central council of Peradi. Bob Wahyu Wibowo,  said that there was a general understanding  between the chief of police  and the leaders of Peradi, espressing their concern.  These words were said  during the source of the trial of Forkorusa and colleagues and what the lawyer said was all within  the framework of pursuing the defence of his client.’ He also referred to the law on advocates No 18/2003  which states that  a lawyer shall not be charged  for either  a criminal or a civil offence while in the process of performing his professional duties.

Kawar said: ‘I am a lawyer, one of the pillars of law enforcement. Some of us have things to support us during a trial such as the police who carry arms, but we lawyers have nothing. yet as a lawyer we can be arrested and face charges.’

Lawyers oppose criminalisation of the nurses in Papua

JUBI, 17 March 2011

A team of ten lawyers acting on behalf of the eight nurses from DokII General Hospital in Jayapura [who are now under arrest] have told the Papuan Provincial Administration that it is not right for the nurses to have been criminalised by the police. It would be far better to enter into dialogue as the way of solving the case.

‘We dont agree with the decision to criminalise the nurses, and we also dont agree with the disruption in healthcare services. We believe that there is space for a dialogue between the governor of Papua, the hospital director and the nurses at the hospital to seek a solution to the case, said Yusman Conoras, one of the ten lawyers.

Another lawyer, Olga Helena Hamadi, said that the nurses had indeed held a demonstration and a strike. These actions had given voice to the feelings of many people. ‘But the issue should be carefully examined in order to understand why they had done these things,’ she said. She said they had taken action because they had not been paid. They had been working hard but their rights had not been respected. She said that the matter should not be handled by the police because it relates to an internal matter which should be resolved with the government and the Papuan legislative assembly.

She warned that the continued detention of the nurses could only further complicate matters and trigger a major problem..

A press release issued by the lawyers expresed deep concern that the issue of the nurses had not yet been resolved. They were also concerned about two decisions taken by the provincial government, namely Decision No 125 concerning the payment of incentives, and then the subsequent decision to cancel the incentive payments.

The lawyers acting for the nurses include Lativa Anum Sireger, Dominggus Frans, Pieter Ell, Olga Helena Hamadi, Corry Silpa, Simon Patirajawane, Eliezer Murafer, Jimm Ell, and Yusman Conoras.