Tag: Makar

Buchtar Tabuni sentenced to eight months; tight security round the courthouse.

 

 

Bintang Papua
24 September 2012
The former chairman of the KNPB – National Committee for West Papua – was sentenced to eight months in prison, having been charged with inflicting damage on the prison where he was held. The sentence was  less than the demand of the prosecutor who wanted the accused to be sentenced to one year. The eight month sentence will be reduced by the time the accused has already spent behind bars.Aggravating circumstances were that he had previously  been sentenced and that his actions caused anxiety among the people, while the mitigating factor was that he had behaved politely in court.

Following the announcement of the verdict, the defence team said that they had not yet decided whether to launch an appeal against the sentence. ‘We are still thinking about how we will respond,’ said Gustav Kawar.

The defence team said that the sentence was light and the accused should have been released. However, according to Gustav Kawar. the panel of judges had  given him a sentence as the result of external interference.
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Bintang Papua, 25 September 2012

After further consideration, the defence team said that the verdict had not been decided independently and had been seriously influenced by the authorities, Gustav Kawar told  journalists. This influence had come from the security forces, that is to say the army and the police This was the factor that had caused the judges to hesitate before reaching their verdict. There were also doubts because of the fact that the testimony from several of the witnesses was contradictory. Nor had it been proven that the accused had been acting  in consort with others.

According to Gustav Kawar, the Criminal Procedural Code (KUHP) stipulates that  if  any element in the charge has been proven to be invalid, the entire charge must be declared invalid. The accused as well as his defence team said that they would consider what to do in the coming seven days.

Security measures round  the court

On the day the verdict was announced, around 230 security forces from the local and district forces, including personnel  from the police intelligence unit, Brimob  were among those standing guard.

The chief of police said that several  elements of the security forces had taken part in security at the time of the various hearings.  He asserted that  they had discovered sharp weapons among the crowd of people outside the courthouse following the earlier hearings but after measures had been taken, this did not occur during the latter hearings.

[Translated by TAPOL]

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No witnesses appear at the trial of Buchtar Tabuni

 

 

Bintang Papua
13 September 2012Jayapura: A hearing in the trial of Buchtar Tabuni took place today in the Jayapura district court, without the presence of any witnesses  who might have been able to testify in court in support of the charge that the defendant had damaged Abepura Prison where he was being held.at the time.

One of his team of lawyers, Gustaf Kawer, said that there were a number of people who the prosecutor could have summoned to appear in court during the trial but he had not done anything to call these witnesses

Kawer said this was already clear at the earlier hearing on 10 September when the prosecutor  said that Matius Murib would be called to testify, but at the following hearing,  Murib did not attend as a result of which the presiding judge suspended. the hearing.

At the next hearing, it was the defendant, Buchtar Tabuni who was questioned. The presiding judge, Haris Munandar, asked Buchtar to tell the court  what he had done on 3 December 2010 when the prison was damaged.

Buchtar told the court that he had done everything he possibly could to prevent a crowd of people from inflicting damage in the prison.

‘I shouted to a crowd of people, calling on them not to enter the prison and start damaging it.’

This is the same as what Buchtar Tabuni told the court at the beginning of the trial.

[Translated by Carmel Budiardjo]

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Lawyer calls on judges to release Buchtar after all witnesses fail to appear

 

Bintang Papua,
11 September 2012
Jayapura: Gustaf Kawer, one of the lawyers defending the former chairman of the KNPB – National Committee of West Papua – said that the judges hearing the case of Buchtar Tabuni should have the courage to release the defendant  in the absence of any witnesses to testify against him. The lawyer said this followed the decision yesterday to postpone a further hearing in the trial.He said that from the start, he had commented that the the prosecutor in the case had shown no seriousness in handling the case against Buchtar. This is evident from the fact that none of the witnesses he had wanted to testify at the trial had appeared although several hearings had been held.

‘In the latest instance, the witness Matius Murib was to have appeared but he didn’t appear, even though he is known to be in Jayapura and his home address in known, so why  did he not appear?’

The lawyer   said Matius Murib is known to be well acquainted with the case and the judges should consider that if there is no evidence to prove that Buchter was responsible for damaging the  prison in any way, which was to have been proven by the witnesses all of whom had failed to appear, then the judges should take the bold  step of simply  releasing the man who is now on trial.

The lawyer also spoke about the many shootings  that have been occurring in the city of Jayapura  which have been linked to Buchtar, which was nothing more than a set-up. He said that Buchtar had been linked to the shooting of Miron Wetipo but that case has already been solved, so it was clear that the authorities were trying to make a scapegoat of Buchtar. Buchtar was arrested on 6 June 2012 which was just at the time when some shootings occurred in Jayapura which was followed by the arrest of Buchtar, whereas Buchtar was not in any way connected with those shootings. So instead of being charged with the shootings, he now faces the charge  of inflicting damage on the Abepura Prison in 2010, which means that he should have been arrested in 2010.

At the time, it was said that there were plenty of witnesses and now they were not even able to call Matius Murib as a witness.

The lawyer said that  the panel of judges should postpone further hearings until Matius Murib could be called as his testimony would be crucial for this trial. Gustaf insisted that there were plenty of witnesses who could give testimony regarding the damage inflicted on the prison, yet the prosecutors were not able to  get any of these witnesses to appear.

As is known, the hearing on 10 September was again postponed .

At the hearing held yesterday, the prosecutors were still not able to bring any witnesses to court.who would be able to testify about Buchtar’s alleged damage to the prison. The prosecutors has also been unable to summon Liberty Sitinjak who would have been a key witness  about the incident on 3 December 2010.

The prosecutor announced that Liberty was unable to appear to testify, even though he has been summoned three times. And now, the hearing held on 10 September was also suspended until 13 September while it was being said that Matius Murib, who was formerly and member of the National Human Rights Commission, would also not be able to  appear.

It has now been announced that the hearing that is due to take place on 13 September which was originally intended  to hear testimony from witnesses would now be devoted to questioning the defendant, Buchtar Tabuni.

[Translated by Carmel Budiardjo]

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Lawyer complains of lack of professionalism as Buchtar trial

 

 

JUBI, 10 September 2012The tight security by the police round the courthouse  while the trial of Buchtar Tabuni was  in progress was described as being unprofessional by a member of the legal team of the defendant.

Gustaf Kawer said: ‘The tight security round the courthouse  is a violation of the basic principles  of court practice. This is a public trial which means that anyone can come and attend it.  Excessive security  while the trial is in progress is very unprofessional,’ said Kawer.

Buchtar Tabuni is charged with having caused damage to the Abepura Prison on 3 December. The trial hearing was suspended and the trial will resume on 13 September, because witnesses did not turn up for the hearing as a result of which the lawyers  promised that they would produce the witnesses, said Matius Murib.

The hearing on 13 September will be the last occasion  for the witnesses to appear. The deputy director of the prison is adequate and will not be summoned again after having be summoned to appear three times.

Kawer said that the proceedings were not conducted professionally; the witnesses should have appeared at the appointed time but that did not happen. Furthermore, he said, the judge should behave  independently in the way he chairs the court and should not take sides either with the state or the victim..

At today’s hearing of the Buchtar Tabuni trial, there were forty people from Dalmas and the Jayapura police command, who were fully backed up  by personnel from the Abepura police command, who were headed by the head of the Jayapura police command, Kiki Kurnia.

[Translated by TAPOL]

 

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AMNESTY STATEMENT: Security forces block peaceful demonstration in Papua

AMNESTY INTERNATIONAL
PUBLIC STATEMENTIndex: ASA 21/031/2012
10 August 2012

Indonesia: Security forces block peaceful demonstration in Papua

Amnesty International calls for an independent and impartial investigation into reports that police used unnecessary and excessive force to disperse a peaceful demonstration in Papua province commemorating International Day of the World’s Indigenous People on 9 August 2012.

If the investigation finds that the security forces committed human rights violations, then those responsible, including persons with command responsibility, should be prosecuted in proceedings which meet international standards of fairness, and victims provided with reparations.

At least seven people were arbitrarily arrested during and after the demonstration and are being held at the Yapen District police station. They should be released immediately and unconditionally if they have been arrested solely for the peaceful exercise of their right to freedom of expression.

Police Mobile Brigade (Brimob) and military from the 1709 District Military Command (Kodim) led by the Yapen District Police Chief blocked hundreds of peaceful protesters as they marched on the morning of 9 August 2012 in Serui, Yapen Island.

According to local sources, the Indonesian security forces then fired their guns into the air to disperse the protesters, causing many to flee in fear. At least six protesters were arbitrarily arrested during the demonstration and some were reportedly beaten by security forces during their arrest. The police then travelled to Mantembu village to arrest one of the demonstration organizers, a local political activist. When they could not find him they arrested his wife, who is reportedly eight months pregnant.

The actions of the security forces fly in the face of statements made by President Susilo Bambang Yudhoyono in February 2012 that he wanted an end to repressive actions by the military and police in Papua.

The rights to freedom of expression and peaceful assembly are guaranteed in Articles 19 and 21 of the International Covenant on Civil and Political Rights (ICCPR), to which Indonesia is a state party. Moreover, these rights are protected under Indonesia’s Constitution. However, Amnesty International has documented dozens of other cases of arbitrary arrest and detention in past years of peaceful political activists in Papua.

Amnesty International continues to receive credible reports of human rights violations committed by the security forces in the provinces of Papua and West Papua, including torture and other ill-treatment, unnecessary and excessive use of force and firearms by the security forces and possible unlawful killings. Investigations into reports of human rights violations by the security forces are rare and only a few perpetrators have been brought to justice.

During a 2008 gathering to commemorate International Day of the World’s Indigenous People in Papua, peaceful demonstrator Opinus Tabuni was discovered dead with a bullet wound clearly visible in his chest, after police opened fire at the crowd. Despite a police investigation, to date no one has been held to account for his death.

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