Tag: Makar

AHRC: One person killed, hundreds arrested and five persons charged with rebellion at Third Papuan People’s Congress

[West Papua Media Note: at time of writing two people have been confirmed dead: Martinus Siep (Petapa security guard) ; and Melkias Kadepa.  A full list of the dead injured and arrested is being compiled and casualties are expected to rise significantly]

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-213-2011

20 October 2011
———————————————————————
INDONESIA: One person killed, hundreds arrested and five persons charged with rebellion at Third Papuan People’s Congress

ISSUES: extra-judicial killing, freedom of expression, Military, ; Police Violence, Indigenous people, Torture, Ill-treatment
———————————————————————

CAMPAIGN: End Violence in West Papua

Dear friends,

The AHRC has received information regarding the killing of at least one person and the arrest of hundreds of participants at the Third Papuan People’s Congress including Forkorus Yaboisembut and Edison Waromi on 19 October 2011 in Abepura, Papua. Concerns about the safety of the arrested persons and the need for an investigation into the killing need your urgent intervention. (photo: security forces in Papua surround the Third Papuan People’s Congress)

CASE NARRATIVE:

According to reports received by the AHRC, around 2200 members of the Indonesian army (TNI) and the mobile brigades (BRIMOB) were mobilized on the occasion of the Third Papuan People’s Congress that began on 17 October 2011, and was attended by more than 4000 indigenous Papuan participants, at the Taboria oval (Zaccheus Field) in Abepura, Papua. At least 100 members of the security forces had surrounded the area andfour police cars, two armoured vehicles from the police and a further two armoured vehicles from the mobile brigades of the police (BRIMOB) had approached close to the area. This show of force with heavy firearms was seen as a form of intimidation to the unarmed participants. Several persons were reported to have refrained from participating at the event due to this.

The event concluded at around 2pm on October 19, and a political declaration regarding the self-determination of the indigenous Papuan population was read out. Following this declaration the security forces opened fire, allegedly as warning shots only. Tear gas was used and security personnel from the army and police started dispersing the crowd and beating up numerous participants. About 300 persons were arrested and taken into custody in trucks. Around 200 of them were later released, while 100 remain detained at the Regional police headquarters (POLDA Papua). Video material is available from MetroTV.

Forkorus Yaboisembut and Edison Waromi, elected at the event as indigenous political leaders, were also arrested. Selfius Bobi (Chair of the organising committee of the congress) is currently being investigated by the police as well. According to the law, the police are required to release detained persons within 24 hours or lay charges against them. The police has so far charged 5 persons with with article 110 p.(1), 106 and 160 of the Indonesian Criminal code, rebellion/secession (maker): Forkorus Yaboisembut, Edison Gladius Waromi, August Makbrawen Sananay Kraar, Dominikus Sorabut, and Gat Wenda. Numerous Papuan political prisoners have been sentenced for up to 20 years based on this charge in the past.

At around 4pm on October 19, Mr. Kadepa, one of the Congress participants, was found dead behind the office of the military resort command (KOREM) in Abepura. Mr. Kadepa’s corpse was then taken for an autopsy to a local hospital. (photo: police troup truck at the incident location)

ADDITIONAL INFORMATION:

Soon after the Second Papuan People’s Congress in 2000, the elected political representative of the indigenous Papuan community, Theys Hiyo Eluay was abducted and killed by the Indonesian military. All perpetrators of the case were later aquitted. During the Third Papuan People’s Congress the participants again questioned the legality through which Indonesia claimed sovereignty over the then decolonized former Dutch Western New Guinea in a UN administered process that was later shown to have been flawed. At the event Yaboisembut, head of the Papuan Customary Council was elected as the President and Waromi as the Prime Minister of the West Papuan Federal State. The Papuan flag was also displayed at the event. These acts were seen as secessionist activities (Indonesian: MAKAR).

In other flag raising events or gatherings where political opinion were expressed in the past many persons had been arrested and subjected to torture and ill-treatment. Foreign journalists are not given access to the Papuan provinces by Indonesia and several international groups including the Red Cross have been banned from operating in Papua.

SUGGESTED ACTION:
Please write letters to the authorities listed below asking them to intervene in the case immediately to ensure the safety of all arrested persons, an investigation into the killing and that all perpetrators are brought to justice in accordance with international human rights norms.

Please be informed that the AHRC is also sending letters to the UN Special Rapporteur on the rights of indigenous people, the working group on arbitrary detention, the Special Rapporteur on extrajudicial, summary or arbitrary executions, and the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, calling for their intervention into this matter.

SAMPLE LETTER:

Dear ___________,

INDONESIA: Security forces kill at least one person and arrest hundreds at Third Papuan People’s Congress

Name of victims: Forkorus Yaboisembut, Edison Gladius Waromi, August Makbrawen Sananay Kraar, Dominikus Sorabut, Gat Wenda, Selfius Bobi, Mr. Kadepa and hundreds participants of congress
Name of alleged perpetrators: members of the Indonesian army (TNI), members of the mobile brigades (BRIMOB) of Regional Police of Papua province
Date of incident: 19 October 2011
Place of incident: the Taboria oval (Zaccheus Field) in Abepura, Papua

I am writing to voice my deep concern regarding the killing of at least one person and the arrest of hundreds of participants at the Third Papuan People’s Congress including Forkorus Yaboisembut and Edison Waromi on 19 October 2011 by members of the Indonesian army (TNI) and members of the mobile brigades of the police (BRIMOB).

According to the information I have received from the AHRC, around 2200 members of the Indonesian army (TNI) and the mobile brigades (BRIMOB) were mobilized on the occasion of the Third Papuan People’s Congress that began on 17 October 2011, and was attended by more than 4000 indigenous Papuan participants, at the Taboria oval (Zaccheus Field) in Abepura, Papua. At least 100 members of the security forces had surrounded the area andfour police cars, two armoured vehicles from the police and a further two armoured vehicles from the mobile brigades of the police (BRIMOB) had approached close to the area. This show of force with heavy firearms was seen as a form of intimidation to the unarmed participants. Several persons were reported to have refrained from participating at the event due to this.

I am informed that the event concluded at around 2pm on October 19, and a political declaration regarding the self-determination of the indigenous Papuan population was read out. Following this declaration the security forces opened fire, allegedly as warning shots only. Tear gas was used and security personnel from the army and police started dispersing the crowd and beating up numerous participants. About 300 persons were arrested and taken into custody in trucks. Around 200 of them were later released, while 100 remain detained at the Regional police headquarters (POLDA Papua).

Forkorus Yaboisembut and Edison Waromi, elected at the event as indigenous political leaders, were also arrested. Selfius Bobi (Chair of the organising committee of the congress) is currently being investigated by the police as well. According to the law, the police are required to release detained persons within 24 hours or lay charges against them.

I am disturbed to learn that around 4pm on October 19, Mr. Kadepa, one of the Congress participants, was found dead behind the office of the military resort command (KOREM) in Abepura.

In light of the above information I am of the opinion that the killing of one person and the arrest of hundreds of participants at the Third Papuan People’s Congress by members of the Indonesian army (TNI) and members of the mobile brigades (BRIMOB) are a violation of the right to life and a violation of the right to freedom of expression and require and independent investigation.

I am therefore urging you to ensure that all human rights violations are investigated and that no persons remains detained or chareged solely for the peaceful expression of their political opinions. The Regional Police of Papua (POLDA Papua) must ensure a fair treatment of all arrested persons according to international norms and that no person is subjected to torture or ill-treatment.

I also urge you to ensure that an impartial and professional investigation into the death of Mr. Kadepa is conducted and all those found guilty are prosecuted according to the law.

I am looking forward to your intervention in this case.
Yours sincerely,

—————-
PLEASE SEND YOUR LETTERS TO:

1. Susilo Bambang Yudhoyono
The President of Indonesia
Jl. Veteran No. 16
Jakarta Pusat
INDONESIA
Tel: +62 21 3863777 / 3503088.
Fax: +62 21 3442223

2. Mr. Kemal Azis Stamboel
The Chairman of the First Commission of House of Representative of Indonesia
Gedung DPR RI Nusantara II, Lantai 1
Jl. Jenderal Gatot Subroto
Jakarta 10270
INDONESIA
Tel: +62 21 5715518
Fax: +62 21 5715523

3. Chairman of Third Commission of The House of Representative of Indonesia
Jl. Gatot Subroto No. 6 Jakarta
INDONESIA
Tel:+62 21 5715569
Fax: +62 21 5715566

4. Military Commander in Chief
Mabes TNI, Cilangkap,
Jakarta 13870
INDONESIA
Tel: +62 21 8459-1244 / 8459-1243
Fax: +62 21 845-6805

5. Mr. Pramono Edhie Wibowo
Army Chief of Staff
Jl. Veteran No. 5 Jakarta Pusat
INDONESIA
Tlp: +62 21 3846002 / 3456838
Fax: +62 21 3848300

6. Mr. Erfi Triassunu
Commander of Regional Military Command XVII Cendrawasih
(Kemiliteran Daerah Papua / Kodam Papua)
Jl. Polimak atas Jayapura Provinsi Papua
INDONESIA
Fax: +62 967 533763

7. General of Police Timur Pradopo
Chief of Indonesian National Police
Markas Besar Kepolisian Indonesia
Jl. Trunojoyo No. 3
Kebayoran Baru
South Jakarta 12110
INDONESIA
Tel: +62 21 3848537 / 7260306 / 7218010
Fax: +62 21 7220669
Email: info@polri.go.id

8. Head of Division of Profession and Security of Indonesian Police
Markas Besar Kepolisian Indonesia
Jl. Trunojoyo No. 3
Kebayoran Baru
South Jakarta 12110
INDONESIA
Tel: +62 21 3848537 / 7260306 / 7218010
Fax: +62 21 7220669
Email: info@polri.go.id

9. Chairman of the National Police Commission (Kompolnas)
Jl. Tirtayasa VII No. 20 Komplek PTIK Jakarta Selatan
INDONESIA
Tel: +62 21 739 2352
Fax: +62 21 739 2317

10. Head of National Commission on Human Rights of Indonesia
Jalan Latuharhary No.4-B,
Jakarta 10310
INDONESIA
Tel: +62 21 392 5227-30
Fax: +62 21 392 5227
Email: info@komnas.go.id

11. Ms. Harkristuti Harkrisnowo
General Director of Human Rights
Department of Law and Human Rights Republic of Indonesia
Jl. HR Rasuna Said Kav.6-7 Kuningan, Jakarta 12940
INDONESIA
Tel: +62 21 525 3006 / 525 3889 / 526 4280
Fax: +62 21 525 3095

12. Chief of Regional Police of Papua province
Jl. Samratulangi No. 8 Jayapura
INDONESIA
Tel: + 62 0967 531014
Fax: +62 0967 533763

13. Chief of Jayapura city district police (Polresta Jayapura)
Jl. A. Yani No.11
Jayapura
INDONESIA
Tel: +62 967 531027
Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)

7

AHRC: Manokwari Court acquits four Papuan students but sentences one more student with rebellion

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME
Urgent Appeal Update: AHRC-UAU-046-2011

4 October 2011

[RE: AHRC-UAU-041-2011: INDONESIA: Manokwari court sentences two Papuan activists in flawed trial]
———————————————————————
INDONESIA: Manokwari Court acquits four Papuan students but sentences one more student with rebellion

ISSUES: Freedom of expression, Indigenous Peoples, Independence of Judges and Lawyers
———————————————————————

Dear friends,

The Asian Human Rights Commission (AHRC) has received updated information from the Institute for Research, Recognition and Development of Legal Aid (LP3BH) in West Papua regarding the sentencing of another Papuan student and the acquittal of four others in relation to their involvement in a peaceful protest on 14 December 2010. While the AHRC welcomes the acquittal of four of the seven victims brought before court the sentencing of the other three presents a violation of their right to freedom of expression. Concerns over the imprisonment of Mr. Bleskadit and the application of the rebellion charge against peaceful protesters in other cases in West Papua remain.

UPDATED INFORMATION:

In the urgent appeal on 23 June 2011 (AHRC-UAC-117-2011), the AHRC raised concerns about the rebellion charges against seven people, for organizing and participating in a peaceful protest and the raising of a West Papuan flag that symbolizes self determination. At the correctional facility, they were ill-treated and denied medical care for weeks resulting in serious health conditions. (photo: Melki Bleskadit in court, source:LP3BH)

On 18 August 2011, the Manokwari district court sentenced Melki Bleskadit (also known as Melkianus Bleskadit) to two years imprisonment. On 23 August 2011, Mr. Yenu was sentenced to seven months and 16 days imprisonment. The AHRC learned that the verdicts were declared based on a flawed process and issued an update AHRC-UAU-041-2011.

On 27 September 2011, the judges panel acquitted four of the five other Papuan students. According to the Manokwari court’s decision No: 84/Pid.B/2011/PN.Mkw, Mr Alex Duwiri and Mr John Wilson Wader were not guilty of acts of rebellion under article 106 jo, (in conjunction with) Article 55 and 56 of the criminal code. The Courts decision No. : 85/Pid.B/2011/PN.Mkw under the same charges declared Mr Panehas Serongon alias Panehas Sarongon and Mr Yance Sekenyap as not guilty. However, according to the latter decision, Mr Jhon Raweyai alias Joni was proven guilty for participating in the rebellion crime, and was sentenced to 9 (nine) months and 17 (seventeen) days imprisonment, most of which has by now already been served during pretrial detention.

The AHRC is of the opinion that the conduct of any peaceful protest is protected by the Indonesian Constitution and international human rights law applicable to Indonesia. Laying criminal charges against the protesters based on the content of the opinion shared violates the victim’s right to freedom of expression in this case. The relevant articles in the Indonesian Criminal Code that originates from the Dutch colonial period have to be reviewed and their further application halted. The AHRC has noted that several steps taken by the authorities have in the recent past aggravated tensions including the stigmatization many indigenous Papuans including activists as rebels. Many are charged and sentenced in flawed processes that lack impartiality and professional standards of judicial conduct, such as in the case of Mr. Bleskadit and Mr. Yenu. The perpetrators of such rights violations are rarely held accountable, which prolongs the use of the courts for political interests. In the cases of Mr Bleskadit and Mr. Yenu, no information regarding accountability actions against the perpetrators are known.

The court held four of the victims not guilty after they had spent approximately nine months in prison without proper access to medical care. Indonesian law entitles the victims to compensation for the deprivation of their liberty during detention and the health conditions they had to endure.

The AHRC has received reports from further sources that the security institutions in Manokwari and West Papua had earlier planned to undertake systematic efforts during 1-14 December 2011 to intentionally create a situation that would allow for the arrest of and criminal charges against protesters. According to the reports received this operation was planned to justify the ongoing stigmatization of indigenous Papuans with the view to scale up security operations. The AHRC urges an immediate investigation into these serious allegations to avoid repetition.

SUGGESTED ACTION:
Please write letters to the authorities listed below asking them to intervene in the case immediately to ensure that all allegations of institutional misconduct leading to wrongful deprivation of the victims liberty is investigated, that the victims are compensated and Mr. Bleskadit is released from his political imprisonment. All legal process must to be conducted in accordance with international norms.

Please be informed that the AHRC is sending letters on this case to to the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, the Special Rapporteur on the rights of indigenous people, and the Special Rapporteur on the independence of judges and lawyers.

To support this appeal, please click here:

SAMPLE LETTER:

Dear ___________,

INDONESIA: Manokwari Court acquits four Papuan students but sentences one more student with rebellion

Name of victim: Jhon Raweyai, Penehas Serongan, Yance Sekeyab, Alex Duwiri, John Wilson Wader, Melki Bleskadit and Daniel Yenu
Names of alleged perpetrators: Police members, including guards of detention cell of Manokwari district police who arrested, detained and examined the victims, the prosecutor who examined this case
Date of incident: December 2010-September 2011
Place of incident: Manokwari, West Papua, Indonesia

I am writing to voice my deep concern regarding the conviction and sentencing of Jhon Raweyai at the Manokwari district court on 27 September 2011 and the ongoing imprisonment of Mr. Bleskadit for their involvement in a peaceful protest on 14 December 2010.

I know that on 14 December 2010, seven people were charged with rebellion after they had conducted a peaceful protest following a flag raising event. At the correctional facility, they were ill-treated and denied medical care for weeks resulting in serious health conditions.

Furthermore, I know that the Manokwari district court issued the verdict that two of the victims, Melki Bleskadit (also known as Melkianus Bleskadit) and Daniel Yenu, were guilty of acts of rebellion. On 18 August 2011, the verdict against Mr. Bleskadit was declared and he was sentenced to two years imprisonment. On 23 August 2011, Mr. Yenu was convicted to seven months and 16 days imprisonment. I am also aware that the verdicts were declared based on flawed process. Meanwhile, the other accused are still undergoing the trial process.

I was informed that on 27 September 2011, the judges panel acquitted four of the five other Papuan students. According to the Manokwari court’s decision No: 84/Pid.B/2011/PN.Mkw, Mr Alex Duwiri and Mr John Wilson Wader were not guilty of acts of rebellion under article 106 jo, (in conjunction with) Article 55 and 56 of the criminal code. The Courts decision No. : 85/Pid.B/2011/PN.Mkw under the same charges declared Mr Panehas Serongon als. Panehas Sarongon and Mr Yance Sekenyap as not guilty. However, according to the latter decision, Mr Jhon Raweyai als. Joni was proven guilty for participating in the rebellion crime, and was sentenced to 9 (nine) months and 17 (seventeen) days imprisonment, most of which has by now already been served during detention.

I am aware that the conduct of any peaceful protest is protected by the Indonesian Constitution and international human rights law applicable to Indonesia. Laying criminal charges against the protesters based on the content of the opinion shared by them violates the victim’s right to freedom of expression in this case. The relevant articles in the Indonesian Criminal Code that originated from the Dutch colonial period have to be reviewed and their further application halted. I am also aware that several steps taken by the authorities have in the recent past aggravated tensions including the stigmatization many indigenous Papuans including activists as rebels. Many are charged and sentenced in flawed processes that lack impartiality and professional standards of judicial conduct, such as in the case of Mr. Bleskadit and Mr. Yenu. The perpetrators of such rights violations are hardly held accountable, which prolongs the instrumentalisation of courts for political interests. In the cases of Mr Bleskadit and Mr. Yenu, no information regarding accountability processes against the perpetrators are known.

I am also concerned that the court held four of the victims as not guilty after they had spent approximately nine months in prison without proper access to medical care. Indonesian law entitles the victims to a compensation for the deprivation of their liberty during detention and the health conditions they had to endure.

I was shocked to hear about further reports that alleged that security operation were planned by some authorities in order to artificially create conditions that would allow the police to charge activists in various places of West Papua as rebels in order to maintain stigmatization and with the view to scale up security operations. Since many of the steps taken by authorities in recent years seem to aggravate the conflict in West Papua, I am very concerned about the approach of Indonesian institutions in West Papua.

Yours sincerely,

—————-
PLEASE SEND YOUR LETTERS TO:

1. Mr. Susilo Bambang Yudhoyono
The President of Indonesia
Jl. Veteran No. 16
Jakarta Pusat
INDONESIA
Tel: +62 21 3863777 / 3503088
Fax: +62 21 3442223

2. Head of Indonesian Police
Markas Besar Kepolisian Indonesia
Jl. Trunojoyo No. 3
Kebayoran Baru
South Jakarta 12110
INDONESIA
Tel.: +62 21 3848537 / 7260306 / 7218010
Fax: +62 21 7220669
Email: info@polri.go.id

3. The Minister of Law and Human Rights of the Republic of Indonesia
Jl. H.R. Rasuna Said Kav. 6-7
Kuningan, Jakarta 12940
INDONESIA
Tel: +62 21 5253006, 5253889, 5264280
Fax: +62 21 5253095

4. Mr. Basrief Arief
The Attorney General of Indonesia
Jl. Sultan Hasanudin No. 1
Kebayoran Baru, Jakarta 12160
INDONESIA
Tel.: +62 21 7221337, 7397602.
Fax: + 62 21 7250213

5. Head of Papua Regional Police
Jl. Dr. Sam Ratulangi No. 8
Jayapura
INDONESIA
Tel.: + 62 967 531834

6. Head of Division of Profession and Security of Papua Regional Police
Jl. Dr. Sam Ratulangi No. 8
Jayapura
INDONESIA
Tel.: + 62 967 531834

7. Head of National Commission on Human Rights of Indonesia
Jalan Latuharhary No.4-B,
Jakarta 10310
INDONESIA
Tel.: +62 21 392 5227-30
Fax: +62 21 392 5227
E-mail: info@komnas.go.id

8. Chairman of the National Police Commission (Kompolnas)
Jl. Tirtayasa VII No. 20 Komplek PTIK Jakarta Selatan
INDONESIA
Tel: +62 21 739 2352
Fax: +62 21 739 2317

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)

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2

AMNESTY INTERNATIONAL WELCOMES RELEASE OF PAPUAN STUDENTS IN MANOKWARI

AMNESTY INTERNATIONAL PUBLIC STATEMENT

 30 September 2011

Index: ASA 21/ 029 /2011

Amnesty International welcomes the decision of the Manokwari District Court on 27 September 2011 to acquit four of the five students arrested in Manokwari, West Papua province, for their involvement in a peaceful protest. The organization hopes that the court’s decision is an indication of greater respect for freedom of expression and peaceful assembly in the province and calls on the Indonesian authorities to immediately and unconditionally release all other prisoners of conscience in Indonesia.

The students were arrested on 14 December 2010 with two other activists while taking part in a peaceful march and ceremony in Manokwari, West Papua province, protesting against injustice and human rights violations by the Indonesian security forces against Papuans. During the ceremony the “14 Star Flag”, a symbol of West Melanesian independence, was raised.

Police then arrested seven people: Melkianus Bleskadit; Daniel Yenu, a priest; and five students – Jhon Wilson Wader, Penehas Serongon, Yance Sekenyap, Alex Duwiri and Jhon Raweyai. All seven were 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.

On 18 August 2011 the Manokwari District Court sentenced Melkianus Bleskadit to two years’ imprisonment while Daniel Yenu was sentenced to seven months and 16 days’ imprisonment on 23 August 2011 and has now been released. Four of the students were acquitted and released on 27 September 2011; however the fifth student, Jhon Rawayei, was found guilty of “rebellion” and sentenced to nine months and 17 days’ imprisonment. He is due to be released soon as he has spent more than nine months in detention.

Amnesty International is aware of at least 90 political activists in the provinces of Papua and Maluku who have been imprisoned solely for their peaceful political activities. Amnesty International considers them to be prisoners of conscience, and calls for their immediate and unconditional release.

The International Covenant on Civil and Political Rights (ICCPR), to which Indonesia is a state party, and the Indonesian Constitution guarantee the rights to freedom of expression, opinion, association and peaceful assembly. 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 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.

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2

Four Papuan students acquitted of makar charges in Manokwari

From Tapol

Four Papuan students acquitted of makar charges

According to report received today from the defence team of five Papuan students from UNIPA university, four of the five men have been acquitted by a court in Manokwari and will be released immediately.

They had faced the charge of makar – subversion – in connection with
their involvement in an event to mark the anniversary of the
proclamation of the Independence of the Republic of West Melanesia on
14 December last year.

The four acquitted men are Alex Duwiri, John Wilson Wader, Penehas
Serongan and Yance Sekeyab.

The fifth student, John Raweyai, who had jumped onto the platform to
speak on the issue was found guilty and sentenced to nine months, with
deduction for the time already served in detention.

Yan Christian Warinussy, a member of the defence team, described the
acquittal as a courageous decision by the panel of judges. He said that the men were the victims of mistaken arrest and investigation by the police who took them into custody.

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3

AHRC: Manokwari court sentences two Papuan activists in flawed trial

Urgent Appeal Update: AHRC-UAU-041-2011

15 September 2011

[RE: AHRC-UAC-117-2011: Police ill-treats peaceful protesters and forces rebellion charges in a flawed process]
———————————————————————
INDONESIA: Manokwari court sentences two Papuan activists in flawed trial

ISSUES: Freedom of expression; right to fair trial
———————————————————————

Dear friends,

The Manokwari district court in West Papua has sentenced two peaceful activists to seven and a half months and two years imprisonment respectively. The trial was characterised by a series of violations of the Indonesian criminal procedure and appeared to be politicised and biased. The victims had participated in a peaceful protest in December 2010. The Manokwari Court ignored several basic rights of the accused and the verdict was given despite the lack of sufficient evidence. Five more victims are still undergoing their trial process.

UPDATED INFORMATION:

On 14 December 2010, seven persons were charged with rebellion after they conducted a peaceful protest following a flag raising event. At the correctional facility, they were ill-treated and denied medical care for weeks resulting in serious health conditions. The AHRC issued this urgent appeal regarding their case.

The AHRC has now received information from LP3BH, a local legal aid group in Manokwari that the judges panel led by Cita Savitri, issued the verdict that two of the peaceful protesters, Melki Bleskadit (also known as Melkianus Bleskadit) and Daniel Yenu, were guilty of acts of rebellion, while the other accused are still undergoing the trial process. (photos:Daniel Yenu (left) and Melki Bleskadit (right) in court, source:LP3BH)

On 18 August 2011, the verdict against Mr. Bleskadit was declared and he was sentenced to two years imprisonment. The AHRC also learned that the verdicts were declared based on flawed testimonies. At the trial of both victims, no witnesses to the alleged crime were presented and the judges declared a testimony from a person who had not seen, heard or experienced the incident as sufficient evidence for a criminal conviction. According to article 1.26 and 1.27 of the Indonesian criminal procedure law (Law 8/1981) such a person is not permitted to be a witness in a trial. Responding to the two year sentence, the public prosecutor, Mudeng Sumaila submitted an appeal, demanding a higher sentence of five years. (photo: public prosecutor at Yenu’s trial source:LP3BH)

On 23 August 2011, Mr. Yenu was convicted to seven months and 16 days imprisonment. At Mr. Yenu’s trial, the judge also convicted the suspect in a trial based on flawed procedure. For example, according to the victim’s lawyer the prosecutor successfully present fabricated evidence such as a megaphone that was not actually used by Mr. Yenu. On 16 August 2011, the judge forced Mr. Yenu to appear before the court trial session without access to his lawyer.

On 19 August 2011, the judges refused the request of Mr. Yenu’s legal counsel to submit the plea to the court, although the Indonesia’s criminal code in article 182.1b entitles the suspect to submit such a plea.

The AHRC is very concerned that local authorities in West Papua frequently apply rebellion charges to peaceful Papuan activists and sentence them in flawed processes that lack proper evidence. The Police, prosecution and judges have thus shown serious disregard for the basic criminal procedure standards and fundamental principles of rule of law. The verdict in this case appears to be quite blatantly fabricated. The AHRC deplores the dysfunction and apparent politicisation of courts in West Papua as this leaves people without access to the law-based and impartial justice mechanisms, they are entitled to. (photo: judges at Yenu’s trial, source:LP3BH)

SUGGESTED ACTION:
Please join us in writing to the authorities listed below, asking them to thoroughly review and examine the trial process against Mr. Bleskadit and. Mr. Yenu and to review the criminal code application against the peaceful expression of opinion.

Please be informed that the AHRC is sending letters on this case to the and protection of the right to freedom of opinion and expression, the Special Rapporteur on the rights of indigenous peoples, and the Special Rapporteur on the independence of judges and lawyers calling for their interventions.

To support this appeal, please click here:

SAMPLE LETTER:

Dear ___________,

INDONESIA: Manokwari court sentences two Papuan activists in flawed trial

Name of victim: Melki Bleskadit, Daniel Yenu
Names of alleged perpetrators: The examining judges, Cita Savitri, I Gusti Ngurah Taruna W and Helmin Somalay
Date of incident: August 2011
Place of incident: Manokwari District Court

I am writing to voice my deep concern regarding the verdict against two Papuan activists, who were sentenced to imprisonment for conducting a peaceful protest in December 2010.

I know that on 14 December 2010, seven persons were charged with rebellion after they conducted a peaceful protest following a flag raising event. At the correctional facility, they were ill-treated and denied medical care for weeks resulting in serious health conditions.

I have receive information that the judges panel led by Cita Savitri, declared the verdict that two of the peaceful protesters, Melki Bleskadit and Daniel Yenu, were guilty for acts of rebellion, while the other five victims are still undergoing their trial process.

On 18 August 2011, the verdict against Mr. Bleskadit was declared and he was sentenced to two years imprisonment. The AHRC also learned that the verdicts were declared based on flawed testimonies. At the trial of both victims, no witnesses of the alleged crime were presented and the judges declared a testimony from a person who had not seen, heard or experienced the incident as sufficient evidence for a criminal conviction. According to article 1.26 and 1.27 of the Indonesian criminal procedure law (Law 8/1981) such a person is not permitted as a witness in trials. Responding to the two year sentence, the public prosecutor, Mudeng Sumaila submitted an appeal, demanding a higher sentence of five years.

On 23 August 2011, Mr. Yenu was convicted to seven months and 16 days imprisonment. At Mr. Yenu’s trial, the judge also convicted the suspect in a trial based on flawed procedure. For example, according to the victim’s lawyer the prosecutor successfully present fabricated evidence such as a megaphone that was not actually used by Mr. Yenu. On 16 August 2011, the judge forced Mr. Yenu to appear before the court trial session without access to his lawyer.

I learned that on 19 August 2011, the judges refused the request of Mr. Yenu’s legal counsel to submit the plea to the court, although the Indonesia’s criminal code in article 182.1b entitles the suspect to submit a plea to the court.

I am very disturbed to hear that local authorities in West Papua frequently apply rebellion charges to peaceful Papuan activists and sentence them in flawed processes that lack proper evidence. The police, prosecution and judges have thus shown serious disregard for the basic criminal procedure standards and fundamental principles of rule of law in this case. The verdict appears to be fabricated and I am very concerned about the impartiality of the local courts and their disregard for Indonesian criminal procedure.

Therefore, I urge you to review and examine the trial process of both victims. The authorities concerned should look into the victim’s allegations of procedural failures in the local institutions and the ongoing lack of intervention – as far as I am aware – following the victims earlier complaints. The principle of fair trial as required by international and national law must be applied in the appeal’s process in the case of Mr. Bleskadit, Mr. Yenu and the ongoing trials of the other five accused.

Yours sincerely,

—————-
PLEASE SEND YOUR LETTERS TO:

1. Mr. Susilo Bambang Yudhoyono
The President of Indonesia
Jl. Veteran No. 16
Jakarta Pusat
Indonesia
Phone : +62 21 3863777, 3503088.
Fax : +62 21 3442223

2. Head of National Commission on Human Rights of Indonesia
Jalan Latuharhary No.4-B,
Jakarta 10310
Indonesia
Phone: +62 21 392 5227-30
Fax: +62 21 392 5227
Email : info@komnas.go.id

3. Office of The Anti Judicial Mafia Task Force (Satgas)
PO Box 9949
Jakarta 10 000
INDONESIA
Contact on website: http://www.satgas-pmh.go.id/?q=node/157

4. Chief Justice of the Republic of Indonesia
Mahkamah Agung
Jalan Medan Merdeka Utara No.9-13, Jakarta 10110
INDONESIA
Phone: +62 21 3843557 -3453348
Fax: +62 21 383541

5. Chairman of Judicial Commission
Komisi Yudisial Republik Indonesia
Jl. Kramat Raya No. 57, Jakarta Pusat
INDONESIA
Phone: +62 21 3905455;
Fax: +62 21 3905455;
Email: kyri@komisiyudisial.go.id

6. Head of Manokwari District Court
Jl. Merdeka No. 69
Nabire, Jayapura 98815
INDONESIA
Phone: +62 984 21007
Fax: +62 984 24087

7. Head of Jayapura High Court
Jl. Tanjung Ria No. 98. Base “G”
Jayapura 99117
INDONESIA
Phone: +62 967 541045, 541443, 541248
Fax: +62 967 541045

Yours sincerely,

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)

 

 

 

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