Tag Archives: Legal aid

LP3BH report on the trial of five students in Manokwari

Report from LP3BH, the Merauke-based legal aid institute, regarding the charges against five Papuan students who are currently on trial for subversion, makar:First of all, the charges  against the five students, Alex Duwiri, Yance Sekeyab, John Raweyai, Penehas Serongon and Jhon Wilson Wader are not that they unfurled the 14-star flag but that they took part in a long march by students from the State University of Papua – UNIPA – which started at the university campus in Amban, Manokwari on 14 December and went to the Information and Communications Service of the district of Manokwari in Sanggeng, Manokwari.

The five students were arrested  because their faces were identified in photographs taken by a member of the police force in Manokwari while they were taking part in a rally by about fifty students who were on a long march from Amban to show their support for the action to mark the 22nd anniversary of the Proclamation of the Independence of West Melanesia  on 14 December 2010.

Alex Duwiri was arrested somewhere near the the location of the action because his face had been identified in a photograph, while John Raweyai was arrested because he was the Master of Ceremonies of the action. John Wilson Wader was arrested while he was arranging the chairs that were being used during that ceremony, while Penehas Serongan and Yance Sekeyab were arrested outside the Women’s Institute which was about one kilometre from the rally as they were leaving the  event just before it had been broken up by the police. They had left slightly earlier because they wanted to get back to the university to attend a lecture there.

Then, what happened on 14 December 2010 was that Melkianus Bleskadit was taking part in an event to mark the 22nd anniversary of the Proclamation of the Republic of Melanesia that took place  near the premises of the Information and Communications Service  of the district of Manokwari in Sanggeng Manokwari.The event was attended by about one hundred Papuan civilians. Yance who was also there  had been asked to say a prayer and give a vote of thanks at the end of the ceremony.

Bleskadit got onto the platform to deliver his speech but all of a sudden, the crowd started yelling Papua, which they did three times, and Bleskadit pulled out a 14-star flag  and held it up in his hands, whereupon the Manokwari police who were present got onto the platform and arrested him.

Thirdly, the trial of Melkianus Bleskadit and Dance Yenu was held on the following day, Tuesday, 13 June at which  witnesses for the prosecution were heard, as well as some expert witnesses who had come from Makassar. One of the witnesses was an Indonesian language expert, another was an expert in criminal code and the third was an expert in governance law.

Fourthly, the five students are indeed facing the charge of makar based on Article 106 as well as Article 160 on incitement.

Finally, we have not heard anything about pressure being put on the media  regarding their coverage of this case in the Manokwari district court..

From Yan Christian Warinussy

This message was sent in response to a query received by LP3BP from Josef Benedict of Amnesty International.

Charges against two Papuan defendants at variance with other court documents; also, statement by Warinussy

JUBI, 31 March 2011 

The formal indictment presented in court against Mecky Bleskadit and Dance Yenu who are facing the charge of unfurling the 14-star flag  in Manokwari last December is at variance with the verbatim report submitted to the court by the police.

A member of the legal team of the defendants, Simon Richard Banundi, said that the charge sheet  does not reflect the contents of the interrogation report which provides a chronological account of the police arrest and they intend to make a formal complaint about this when they submit their demurer (eksepsi) at the next hearing of the case on 5 April.

Banundi said that the two defendants were facing charges under Article 106  of the criminal code for makar and they are also accused of being separatists. The charge sheet also makes reference to Articles 107 and 110 for alleged provocation of a large number of people. After the indictment was read out, the hearing was adjourned and will continue on 5 April.

Yan Christian  Warinussy, co-ordinator of the defence team, later told the press that  when submitting their demurer, he would deal at length with the continuance in force of the makar article and the other articles used in the charge sheet. These articles are being used to silence Papuan activists whenever they give expression to their aspirations and can even result in their ending up behind bars.

The two defendants along with five others were involved in an incident when they unfurled the 14-star flag to commemorate the anniversary of the declaration of West Melanesian independence on 14 December 2010 in Manokwari, West Papua.

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In a statement issued on the following day, the co-ordinator the defence team, Yan Christian Warinussy said that even though articles 102, 106, 108 and 110 can be described as being ‘karet’ (highly flexible), they have been used since the days of President Sukarno and up to the present era of reformasi. to silence people holding  views contradictory to those in power and are still being used by elements within the judiciary and including the police, against people calling for democracy in the Land of Papua as well as in Maluku and Aceh.

He said that the activities that had been undertaken by the two defendants last December had led to charges of makar whereas what they had done should not be seen as makar or separatism. Makar should be seen as an act involving armed violence  or violence. Can the expression of people’s aspirations  such as unfurling the 14-star flag or the Morning Star flag (kejora), or singing the song, Hai Tanahku Papua be branded as makar or separatist?

The government should stop using these articles and there should be a judicial review and an end should be put to using these articles to silence democratic actions in the Land of Papua.

A movement must be launched to call for a judicial review of the makar article must secure the support of all components of society as well as the local governments of Papua and West Papua.

Call for judicial review of makar article

JUBI, 31March 2011 

‘Makar’ should be tested before Constitutional Court

Yan Christian Warinussy, the executive director of LP3BH, the Instituteof Research, Analysis and Development for Legal Aid, has called on the Dewan Adat Papua, the Papuan Customary Council, to submit the ‘makar‘ -subversion – article in the Indonesian Criminal Code/KUHP to the Constitutional Court for a judicial review.

‘I call on DAP together with the Papuan people to seek a judicial review of the makar article before the Constitutional Court because it  is no longer appropriate for such a law to remain in force in a democratic country like Indonesia. ‘Other democratic states around the world don’t have such a law,’ he said, ‘because it is so out-of-date.’

He said that this should be recognised by all components of Papuan society, including DAP and should be tested by a judicial review.’

If this article continues to remain in force, the police will be able to make use of it to arrest Papuan activists when they give expression to their political aspirations to the government. This includes rejecting the special autonomy law and calling for dialogue as the way to resolve the Papuan issue and various other problems in Papua.’

This article can also be used by prosecutors and judges to convict Papuan civilians and activists when raising problems that they confront. ‘In my opinion, this article will continue to be used  to round up and imprison indigenous Papuans whenever they give voice to their aspirations.

He said that the police continue to use articles 106 and 107 of the criminal code on subversion and incitement to detain Papuan activists whenever they raise any problems in Papua, he said.