Tag: Makar

Sambom: ‘Imprisonment will never silence Papuans’

JUBI, 19 March 2012
A leading Papuan human rights  activist has said that the Indonesian government will never be able to silence the Papuan struggle by putting Papuans behind bars. On the contrary, he said, it has the reverse effect by making people more determined than ever.

Sebby Sambom made these comments in an interview with JUBI in connection with the three-year sentence given to Forkorus Yaboisembut and his four colleagues last week.

‘Indonesia has neither the power nor the legal means to punish Papuans by silencing them with regard to their aspirations for an Independent Papua,’ he said.

He said that whenever Papuans take action, they are brought before the court and given a prison sentence. This is the way the government behaves which is simply unacceptable. Even though Papuans have done nothing wrong, they are thrown into prison.’

He said that any Papuan who takes action faces the prospect of being jailed. People keep on being arrested, put on trial and thrown into prison but this will never silence the Papuan people.

He went on to say that  as the number of Papuans being held behind bars goes on increasing , this will help to alert the international community to get involved in solving the Papuan issue.

‘With all these political prisoners,’ he said, ‘international support will become more positive.’

Sebby said that Forkorus  is a loyal Papuan leader who is very serious about the Papuan struggle. ‘He is doing everything he possibly can to bring an end to our sufferings,’ His attitude was very clear from the remarks he made after the verdict was announced. ‘We were pleased with the verdict and our struggle will continue,’ said Sambom.

Translated by TAPOL

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Kontras: court ruling against Forkorus far from human rights principles and spirit of fair trial

The court ruling against Forkorus CS
Still Far from the human rights principles and the spirit of fair trial

The Commission for the Disappeared and victims of violence (KontraS) has regretted over the verdict of the judges in the District Court of Jayapura, West Papua, which sentenced Forkorus Yaboisembut, S. Pd, Edison Kladeus Waromi and three others, Dominikus Surabut, August M. Sananai Kraar dan Selpius Bobii in jail for 3 years on 16th March 2012. Despite each of the sentence is lighter than indictment of the prosecutor for five years in jail, it is still far from the principle of a fair trial and not socializing with the idea to build a Peaceful Papua through the dialogue.

Indonesia, as a democratic country and adopted a number of international instruments for human rights, the government is suppose to solve the problems in Papua more wisely, in the particular case of the verdict of the treason charged to Forkorus Cs. The court is not supposed to be conducted as there is another way around which will more effective and dignified based on the human rights instruments such as through the dialogue that will socialize the case so far.

The treason charged to Forkorus Cs, in fact, is considered too extreme as no one has used violence or violates any of the national rules and regulations during the congress of Papuan People III that held in 17 to 19 October 2012. What Forkorus Cs has conducted is a part of freedom of expression in peaceful manner which stated in Universal Declaration on Human rights article 19, Civil and political rights convention article 19 and 20, and also in other international rules and regulations. From the view of the domestic regulation framework, the guaranty of the freedom of expression is also stated in national regulations such as in 1945 Constitution, Law no 39 in 1999 and Law no 12 in 2005 that related to human rights which ratified in civil and political rights covenant. It is stated by defendants’ lawyers under their defence which is known as Bring democracy to the court and struggling peace for Papuan People.

Based on the result of the investigation and monitoring of the national human rights commission, the allegation of human rights abuses were committed by the security forces (police and military), in the forms of excessive force, violence, torture and other cruel treatments. However, the fact-finding mission was never followed up by the legal basis either by the police or national human rights commission.
By observing the sentences read by the panel judges which consisted of Jack Johanis Octavianus, SH as chief justice and four other members of judge, I Ketut Nyoman Swarta, SH.MH, George Mambrasar, SH.MH, Orpa Martina, SH, Willem Marco, it has raised a number of problematic notes that need to be questioned based on the information collected by the coalition of civil society organizations, which dedicated to enforce the law and human rights in Papua such as:

Firstly, the sentence of the panel judges show inconsistency in case of dealing with evidences related to the treason. The judges argued that the defendants have convincing and legally proven by law related to the articles of treason and proven to conduct an experiment.
Secondly, no credible witnesses have been brought to the court. While only one witness who comes from the society, seven other witnesses are coming from the police who did not see directly what happened in the field. So, of course they against the defendants and moreover, another five witnesses who come from the society also against defendants too during their testimonies of the court hearing. Those five people who testified in the court are also the participants of the demonstration that arrested and violated by the police during the process of interrogation. Their witnesses are not supposed to be in any consideration during the hearing.

Thirdly, during the hearing, the judges were able to present only one evidence or banner, while there have to be mentioned 69 evidences that the sentence referred to.

Fourthly, Gustav Kawer, one of the lawyers was criminalized because he was assessed as person who disturb the hearing.
KontraS supported the measurement taking by the lawyer who would file an appeal over the judgement since the hearing is not matching with the human rights principle and fair trial. She has submitted questions to the government regarding its commitments to solve problems in Papua through peace process, considering that the way which the government criminalized and implemented the article of treason would make the peace discourse further in Papua. The agenda to push the peace process in Papua is supposed to be fitted within the policy conducted by the government such as to stop the implementation of treason articles indiscriminately and to free from arbitrary arrest to who have not committed any violence or violation during the demonstration.

Jakarta, 16 Maret 2012
Badan Pekerja,

Indria Fernida
Wakil Koordinator

Contact Person: 08161466341 (Indria Fernida)

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Appeal against Papuan Congress treason convictions launched

From West Papua Media sources in Jayapura
EXCLUSIVE
March 19, 2012
After an Indonesian court on March 16 sentenced  five Congress leaders guilty of Makar (treason) three years in prison each, lawyers for the men have today launched a formal appeal against the sentences in the Jayapura Class 1a district court.
The five defendants, Forkorus Yaboisembut, Edison Waromi, Selfius Bobii, Dominikus Sorabut, and Agus Kraar, were leaders and organisers of the Third Papuan People’s Congress held on October 19 2011, which was brutally broken up by Indonesian security forces after Forkorus  – the Chairman of the Papuan Tribal Council elected as President of the Federated Republic of West Papua – unilaterally reaffirmed West Papua’s independence from Indonesia.
An SMS just sent to West Papua Media from the legal team defending the five men said “promptly at 15:00 (West Papua time), our team of legal advisors has stated appeals in Class IA Jayapura District Court in connection with the Makar case on behalf Forkorus, et al, against 3 year prison sentence imposed by the judges of  (the)  Court, for being convicted of a crime of attempted treason”.
The SMS stated that the crimes the men were convicted under “also referred to in Article 106 of the Criminal Code,  Article 55 paragraph (1) of the  Criminal Code, together with Article 53 paragraph 1 of the Criminal Code, (we have lodged) a statement of appeal of the verdict of Class IA Jayapura District Court”
“This judgement does not have the force of law, then the case must be reviewed by the Jayapura High Court Judge,” according to the SMS.
“The reason we (have) appealed the decision of the Court of Jayapura (is because it is) essentially inconsistent with the facts of the trial, both from witnesses, evidence and the testimony of the defendant,” the legal team said.  “Also it is not in agreement with the Book of the Law of Criminal Procedure.”
The date that the appeal is set down to be heard is not known at the time of publication, as the lodged appeal had yet to be processed by the court.
westpapuamedia
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AI Public Statement: Sentencing of Papuan activists a setback to free expression and assembly

AMNESTY INTERNATIONAL

PUBLIC STATEMENT16 March 2012
Index: ASA 21/011/2012

Indonesia: Sentencing of Papuan activists a setback to free expression and assembly

Indonesian authorities must immediately and unconditionally release five men who have today been sentenced to three years’ imprisonment for taking part in a peaceful gathering in Papua province in October 2011. The court decision significantly erodes Indonesia’s respect for freedom of expression and peaceful assembly.

Amnesty International

Forkorus Yaboisembut, Edison Waromi, August Sananay Kraar, Dominikus Sorabut, and Selpius Bobii were each sentenced to three years’ imprisonment by the Jayapura District Court. They were arrested on 19 October 2011 for participating in the Third Papuan People’s Congress, a peaceful gathering held in Abepura, Papua from 17-19 October 2011 and charged with “rebellion” under Article 106 of the Indonesian Criminal Code.

Amnesty International considers all five men to be prisoners of conscience. They join over 90 political activists in the provinces of Papua and Maluku who have been imprisoned solely for their peaceful political activities.

The rights to freedom of expression and peaceful assembly are guaranteed in Article 19 and Article 21 of the International Covenant on Civil and Political Rights (ICCPR), to which Indonesia is a state party, as well as in other international instruments. Moreover, these rights are protected under Indonesia’s 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 has also received credible reports about threats and intimidation against the five and one their lawyers during their trial. Amnesty International expressed its concern about these reports in a letter sent to the Indonesian authorities in March 2012, pointing out that these allegations, if true, undermine the credibility of the judicial process in Indonesia, and specifically in the Papua region.

Amnesty is also concerned about the authorities’ lack of progress in investigating allegations of human rights violations committed by the security forces on the final day of the Congress. On 19 October police units supported by the military surrounded the venue and fired shots into the air to break up the gathering. As participants began to flee, police units from the Jayapura City police station and the Papua regional police headquarters arbitrarily arrested an estimated 300 hundred people and allegedly kicked and beat some of them. Most were released the following day. Three people were later found dead at the scene and over 90 people were reportedly injured. A National Human Rights Commission (Komnas HAM) investigation found evidence of human rights violations by the Indonesian security forces, including violations of the right to life, unnecessary and excessive use of force, and ill-treatment.

While 17 police officials subsequently received administrative sanctions for violating disciplinary procedures, these internal disciplinary hearings did not deal with the allegations of human rights violations that occurred.

Amnesty International calls on the Indonesian authorities to conduct an independent and impartial investigation into all allegations of human rights violations by the security forces during the Third Papuan People’s Congress. Should the allegations be verified, those responsible, including those with command responsibility, should be brought to justice in fair trials and the victims receive reparations.

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.

Link: Link: http://www.amnesty.org/en/library/info/ASA21/011/2012/en





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FORKORUS’ AND FOUR OTHERS’ SENTENCE VIOLATES HUMAN RIGHTS LAW
			

				


Joint Press release from TAPOL, the Asian Human Rights Commission, the Faith-Based Network on West Papua, Franciscans International, and the West Papua Netzwerk 


FORKORUS’ AND FOUR OTHERS’ SENTENCE VIOLATES HUMAN RIGHTS LAW


16 March 2012 – The Jayapura state court today found five Papuan leaders guilty of treason, sentencing them each to three years imprisonment. TAPOL, the Asian Human Rights Commission, the Faith-Based Network on West Papua, Franciscans International, and the West Papua Netzwerk seriously regret the verdict and question the fairness of the trial proceedings. The verdict is another example of the severe restrictions by the Indonesian authorities on the right to freedom of expression of the Papuans. We call upon Indonesian President Susilo Bambang Yudhoyono to order that all convictions which do not reflect international legal standards be overturned and the prisoners be immediately released. 


Today’s verdict represents a setback in the relationship between Jakarta and Papua, suggesting that Indonesian authorities still see arrest and detention as the best ways to respond to expressions of Papuan aspirations. As a country widely applauded for its burgeoning democracy, Indonesia should be promoting peaceful political activity, not punishing it.


Forkorus Yaboisembut, Edison Waromi, Selpius Bobii, Dominikus Surabut and August Kraar were arrested in October 2011 for their roles in the Third Papuan People’s Congress, a peaceful gathering at which the leaders declared that Papua has been independent since 1961. As the gathering began to disperse, security forces fired shots into the crowd and carried out mass arrests and beatings. Three people were shot dead.


While the leaders of the Congress now face three years in jail for their peaceful actions, those responsible for the violent response to the Congress received a slap on the wrist, and investigations to determine who was responsible for the killings have led to neither justice nor accountability.


The five men were convicted of treason under Article 106 of the Indonesian Criminal Code. While the treason laws are intended to prosecute serious crimes against the state, alleged members of the armed resistance are rarely if ever brought to trial in Papuan courts; they are beaten, tortured or shot. Article 106 is instead used to charge those engaged in peaceful actions such as raising the Papuan national ‘Morning Star’ flag or organising and attending public events at which Papua rights and aspirations are asserted.


The denial made by the Coordinating Minister for Law and Human Rights of any political prisoners this month shows a lack of commitment to uphold human rights norms that are applicable to Indonesia according to international law, including that the peaceful expression of political opinions cannot be persecuted.


There are serious doubts about the fairness of the trial proceedings. Armed members of the security forces maintained a heavy presence during the trial sessions, and one of the senior lawyers for the defence, Gustav Kawer, is being threatened with prosecution, in violation of his right under Indonesian law and international standards to carry out his professional duties in defending clients in court. There have also been questions about the independence of the judges, who were reportedly visited by senior military, police and government officials just one hour before the trial began.


According to TAPOL’s data, the five men will join at least 27 other Papuan political prisoners currently in jail for treason under article 106. All those detained for peaceful political activities should be immediately and unconditionally released.


ENDS


Contacts: 


Paul Barber, TAPOL, +44 7747 301 739




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