Tag: Manokwari

Warinussy on the politics behind the recent conflicts in Papua

Bintang Papua, 14 September 2011Manokwari: Yan Christian Warinussy, a Papuan human rights lawyer and executive direction of LP3BH, believes that the road leading toward dialogue between Papua and Indonesia has become clearer in the past few months.

The recent escalation of violence in various parts of the Land of Papua. such as Jayapura, Biak, Nabire and Manokwari as well as the Central Highlands will not dampen the aspirations of the indigenous Papuan people, that which were proclaimed in the Papuan Peace Declaration drawn up at the Papuan Peace Conference held by the Papuan Peace Network (Jaringan Damai Papua) on 5-6 July this year in Jayapura.’From the record of conflicts that have occurred in the Land of Papua up to the present day, I have been able as a human rights activist to reach a better understanding of the specific characteristics and background of the reasons for the various violent conflicts that have occurred in the Land of Papua recently. Moreover, we now know who the persons who having been plotting these incidents are, along with their political purposes. All this has helped us to understand the motivation behind these strange incidents which has made it possible for us to draw conclusions about who it is who is behind all these criminal incidents,’ said Warinussy.

Each of these incidents has occurred without leaving any trace of who was involved. This impression has been further strengthened by the fact that the police force throughout the land of Papua have been unable to identify who was behind each incident. It is also apparent that  the police have been unable to discover any significant evidence to reveal the perpetrators of these incidents.

In fact, he went on to say, each of these incidents have occurred without anything left behind that might help to identify the perpetrators. This would suggest that the criminal perpetrators are part of  a special unit that have undergone intensive training  and have been trained even to commit murders without leaving a single trace and in this way make it difficult for the police to conduct any criminal investigations. These crimes  have resulted in the Papuan people feeling more afraid to take actions in conformity with their rights to freedom of expression and freedom of opinion.

The intention appears to be to show to the central and local governments and to the international community that the security situation in West Papua is not safe because of the presence of the TPN/OPM. Yet, we have heard nothing at all from the TPN/OPM about who they think are behind these recent incidents. This has been aimed at thwarting the deeply felt aspirations of the indigenous people for dialogue with the Indonesian government.

Vested interests in the Land of Papua have for years pursued a strategy  within the context of development and general governance aimed at causing frictions  between those vested interests. This is something that needs to be discussed openly between all those involved, including the indigenous Papuan people, in order to find a peaceful solution and realise the aspirations for a Papuan land of peace as quickly as possible.

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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
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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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LP3BP protests after TV journalist beaten by local district chief in South Sorong

JUBI, 9 September 2011

Once again, violence has been used in Papua, this time against a television journalist  working for the local TV station in South Sorong, TOP TV. Mufriadi who reports on the district of South Sorong was severely beaten  by the bupati – district chief – of South Sorong in West Papua while covering an assault on the office of the district chief by local people.

‘We received information from Mufriardi by phone who said he had been attacked and beaten by the bupati, Otto Ihalauw and his assistant, Marthen who is a member of the police force, along with four other policemen.,’ Amir Siregar  told the press.

Siregar said that  Ihalauw’s action was a crime and he should be detained by the local police force.’It was a criminal act and he can be detained without waiting for the permission of the President, in accordance with the law on regional governance and guidance for police investigations.’

Siregar said that after Mufriardi was beaten, his handy camera was seized  and he was taken to a room at the bupati’s office for questioning.

Mufriadi  explained that he had  received a request by phone to cover the assault being made on the bupati’s office by people who own traditional rights to the  land .’But as soon as  I arrived, I was summoned by  the bupati’s assistant who is a member of the police force. I was taken to the bupati’s office. The bupati came out of his car and slapped me in the face, after which I was subjected to beating by  his assistants which lasted for about ten minutes.I have no idea why I was beaten  but I was subjected to verbal abuse and then they asked me to write a report along the lines that they wanted.’

Viktor Mambor, chairman of AJI, the Independent Alliance of Journalists in Papua,  said that he would support moves by TOP TV to seek legal action and report the incident to the authorities.

——————

The Executive-Director of LP3BH, the Manokwari-based human rights organisation has made a strong protest against the action by the bupati against Otto Ihalauw. Yan Christian Warinussy described the action of the bupati as a crime which should be investigated in accordance with Law/1981.

He went on to describe the bupati’s action as an act of intimidation against the activities of journalists as stipulated in the law on the press.as well as a crime under the Indonesian Criminal Code. He called on the local police chief to arrest the bupati  and his assistants  as well as the members of the police force who were  involved in the incident.

Such activities should not be allowed to happen again, said Warinussy and he said that speaking on behalf of human rights activists throughout West Papua, he called on the chief of police in South Sorong to take firm action against the criminal actions of the bupati. He said that the people of West Papua should strongly condemn such attempts of officials to take the law into their own hands,

Warinussy also called on DAP, the Customary Council of  Papua  and all components of the Papuan people tocall for those responsible for these criminal acts to be brought to account, because a bad precedent  has been set for the activities of the governments in South Sorong and throughout the province of West Papua.
He said that the governor of West Papua should also report the incident to the minister of the interior, to ensure that the matter in dealt with in accordance with the laws in force. All journalists working in West Papua should give their full support to Mufriadi in this matter.

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KontraS: Arrest and torture of 13 Papuans have worsened the situation in Papua

(West Papua Media Note: this event also subject to a lengthy and detailed investigation by West Papua Media that will be published in coming days) 

Statement by KontraS on 3 September 2011Arrests and torture of ordinary Papuans by the Police and the Army (Polri/TNI) have worsened situation in PapuaKontraS condemns the appalling practices of torture and criminalisation which were perpetrated by the law enforcement agencies against of a number of Papuan people by the police in Papua. Such activities are a serious violation of their human rights which should be avoided at all costs because they are in breach of a number of legal provisions.

Acts of torture and criminalisation were perpetrated on 31 August, during Lebaran, and occurred early in the morning. when a number violent acts also  took place. These activities were perpetrated against a group of Papuans  and occurred as they were being arrested by the police who were acting in violation of the laws in force. The details of what happened are given in the chronology attached to this statement. [Abridged translation only]

These criminal acts were perpetrated without being credibly justifiable in relation to the allegations being made. We fear that this is part and parcel of the practice of stigmatisation of Papuan people which has been developed by the state apparatus, in particular the police and the army,  in their law enforcement activities.

The practice  of torture is inhumane and is moreover in breach of Law 5/1998 regarding the ratification by Indonesia of the  Convention Against Torture . This means that components of law and the security apparatus, in particular the police, are bound by law to  refrain from such practices  and to punish those who perpetrate such acts (see articles 1 and 2). They are also bound by Law 39/1999 on Basic Human Rights, article 33 of which prohibits the use of torture.

With regard to the police, these acts are also in violation of internal police regulation 8/2009 which clearly prohibits the use of torture.

This latest incident  is an indication of the fact that torture and criminalisation have become integral to police practices when they try to obtain statements (that is to say, confessions) from persons who are suspected of committing crimes. In the second place, this behaviour represents a repetition of previous acts of torture that have occurred in Papua. With regard to the army, they are not entitled to be involved in making such arrests. A year ago, we were all stunned when we saw the brief, amateur video  broadcast on Youtube showing members of Brimob and the army engaged in acts of torture against people alleged to be members of the OPM.

Such practices undermine the confidence of ordinary Papuan people in the police. In the past few months, violent practices have been  spreading throughout Papua  such as  the case of 16 people arrested in 2010 and seven people who were arrested in Manokwari. It is necessary to strengthen the confidence between the government, the various pro-independence groups, civil and customary society  and other elements. It is also necessary to strengthen people’s confidence and respect in the implementation of democratic principles such as the law and human rights. The practise of torture will only make it more difficult to comply with the agenda for peaceful dialogue with Papua.

We therefore call on Kompolnas (the police community) and the National Human Rights Commission to investigate these reported incidents of torture  in Papua. And once sufficient evidence has been found, the perpetrators must be made accountable before the law. This is important in order to show that there is no discrimination in law between Papuan civilians  who are vulnerable to actions by law enforement agencies who are treated like heroes  for taking actions against alleged separatists.

This should also be an occasion for the police to improve their behaviour which has been damaged by the continual practice of torture by members of the police force.

We take this opportunity to remind the President that the continuing lack of clarity in the policy of the government towards Papua is a threat to the security and livelihoods of the Papuan people.

3 September 2011:
Kontras National Executive: Haris Azhar, Co-ordinator.
Kampak (?) Dorus Wakum, Chairperson

A chronology attached to the statement provides details of the place and time of the arrests.

The thirteen arrested persons are alleged to have caused unrest during an Idul Fitri ceremony that was being held on the premises of Brimob. They are alleged to have been involved in shootings in Nafri Kampung which resulted in the deaths of three civilians and one member of the TNI.

During an assault, the police fired shots in the direction of  the Wahno Baptist Church and then confiscated traditional equipment such as arrows, machetes and knives as well as some OPM documents.

The thirteen persons are:

Yawanus Kogoya.
Tinus Wenda
Siki Kogoya
Arinus Wenda
Yusman Kogoya
Mis Kogoya
Bodi Kogoya
Wen Wenda
Denias Kogoya
Ekimar Kogoya
Panius Kogoya
Yeskiel Kogoya
One unidentified person

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Seven months and 16 days for Dance Yenu

JUBI, 24 August 2011

Dance Yanu has been sentenced to seven months and 16 days by a judge at the Manokwari court after being found guilty of makar (subversion).

Reporting the verdict, one of the defence lawyers, Simon Riziard Banundi, said that they were not convinced about the court’s verdict.  ‘We members of the defence team cannot accept the verdict passed by the judges.  There is every reason to doubt their decision.’

Banundi said that his client should be released because the court failed to prove that he was guilty of makar (Rebellion or Subversion charges). The defendant’s colleague Melkianus Bleskadit has been found guilty of makar.

In a previous hearing at the court, the prosecutor asked for a sentence of five years. Dance Yenu was arrested together with Melkianus Bleskadit as they were unfurling a flag on the anniversary of Melanesian independence day on 14 December 2010.

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https://westpapuamedia.info/2011/04/05/charges-against-two-papuan-defendants-at-variance-with-other-court-documents-also-statement-by-warinussy/

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