AMNESTY: PAPUAN ACTIVIST IMPRISONED FOR PEACEFUL POLITICAL ACTIVITIES

PUBLIC STATEMENT

25 August 2011

Index: ASA 21/ 027 /2011

I ndonesia Papuan activist imprisoned for peaceful political activities

Papuan activist Melkianus Bleskadit has been imprisoned in West Papua province for his involvement in a peaceful protest and for raising an independence flag. His sentence highlights the continuing use of repressive legislation to criminalize peaceful political activities in the province. Amnesty International calls for his immediate and unconditional release.

On 14 December 2010 a group of activists including students took part in a peaceful march in Manokwari, West Papua province, protesting against injustice and human rights violations by the Indonesian security forces against Papuans. The march ended at the Penerangan field in Manokwari where other political activists had gathered to commemorate the anniversary of the independence of “West Melanesia”.

During the ceremony the “14 Star Flag”, a symbol of West Melanesian independence, was raised. The Manokwari Sub-district Public Order Police (Polres) arrested seven political activists: Melkianus Bleskadit; Daniel Yenu, a priest; and five students – Jhon Wilson Wader, Penehas Serongon, Yance Sekenyap, Alex Duwiri and Jhon Raweyai.

All seven men 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 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. Daniel Yenu has been released as he has spent more than eight months in detention. The trials of the five students are ongoing.

Daniel Yenu’s lawyer has also raised concerns about his trial. The lawyer alleges that evidence not obtained from the location of the incident was introduced during the trial and that Daniel Yenu was brought before the court on 16 August and forced by the judges to defend the charges against him without the presence of his lawyer, who was preparing a written defence brief.

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 calls on the Indonesian authorities to withdraw government regulation No. 77/2007 that bans the display of regional logos or flags, which are used by separatist organizations. Amnesty International believes that this regulation is contrary to the spirit of the 2001 Special Autonomy Law that granted Papuans the right to express their cultural identity. Furthermore, the ban on waving these flags cannot be considered legitimate grounds for restricting freedoms of expression and association as set out in the ICCPR.

Amnesty International is aware of al least 90 political activists in the provinces of Maluku and Papua 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.

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.

Melkianus Bleskadit sentenced to two years

JUBI, 19 August 2011

Melkianus Bleskadit was sentenced yesterday in Manokwari court to two
years for his role when the 14-star flag was raised.

A day earlier, the prosecutor asked for him to be sentenced to five
years. The prosecutor has announced that he will mount an appeal against
the verdict.

In a report made public by the human rights lawyer Yan Christian
Warimnussy it was stated that Melkianus was arrested along with Dance
Yenu for flying the 14-star flag to mark the anniversary of independence
for ‘West Melanesia ‘ on 14 December 2010.

In a comment on the verdict, Yan Christian Warinussy who was also a
member of the defence team, said that while the judges had taken a good
decision by limiting the punishment to the criminal element of the
incident, indicating that he was not willing to go as far as the
prosecutor, in the end his client had been given a much higher sentence.
According to past experience involving the case of Jacob Wanggai and his
colleagues, the judges had passed a shorter sentence which was
subsequently increased at the request of the prosecutor, resulting in a
far higher sentence.

He also said that the defendant had been held in a cell of the Manokwari
prosecutor at the Manokwari prison in breach of the law. He said that
both the judge as well as the chief prosecutor had obstructed his
client’s release to the moment when the high court judge could decide on
extending the period of the appeals detention which should have ended
on 19 August.

The three hours of freedom that his client should have enjoyed had been
denied him by the decisions of the prosecutor and the judge. Moreover,
there was a show of force when a company of police security officers as
well special intelligence personnel stood on guard round Bleskadit at
the office of the prosecutor. He said that the the lack of
professionalism by both of these institutions had resulted in his client
being deprived of his basic rights.

ROAD TO FREEDOM IN JAYAPURA – Video

by Frengky Making

The rally organised by the National Committee for West Papua (KNPB) on August 2 2011 was led by Mako Tabuni from KNPB. The protesters were on the streets the whole day. There were more than 10,000 people, from Sentani, Jayapura as well as students from Abepura. The peaceful rally was organised to support the seminar by International Lawyer for West Papua (ILWP), initiated by Benny Wenda in London, the UK, which looked into the history of the 1969’s People’s Act of Free Choice (PEPERA).

[vimeo http://www.vimeo.com/27921972 w=500&h=400]
 07:05
video information
produced by Frengky Making
produced Aug 18, 2011

WEST PAPUA – INDON SECURITY FORCES FAIL TO BLOCK ACCESS FOR DEMONSTRATIONS ACROSS PAPUA, MILITIAS ON STREETS IN JAYAPURA

by Nick Chesterfield, westpapuamedia.info

Tuesday, August 2, 2011
Jayapura, 1340: The streets of several centres across West Papua are being blockaded today by heavily armed Indonesian security forces in an attempt to prevent a planned gathering of tens of thousands of protestors who are demanding a Referendum on the future of the province.

However, thousands of Papuans have reportedly ignored the strong military presence and are marching the streets of Jayapura, paralyzing the provincial capital with their huge numbers.

The protests, called by the West Papua National Committee (KNPB) and actively supported by the entirety of pro-independence movement, are being held to demonstrate both opposition to Indonesian rule and to the Indonesian-run dialogue process, in favour of legitimate internationally-mediated dialogue that takes into account the wishes of West Papuan people. The demonstrations are demanding a Referendum as the only lasting and credible solution to determine the future of Papua for Papuans.

Outside Jayapura, protests are also being held in Wamena, Biak, Nabire, Manokwari, Paniai, and Timika.

West Papua Media stringers on the ground in Abepura are reporting that the demonstrations outside the main Post Office were being blocked by hundreds of heavily armed riot police and soldiers. This is despite official permits being issued by the Jayapura police for the demonstration to proceed without hindrance.

At 10am local time, three truckloads of soldiers and BRIMOB riot police then decamped and headed to Waena to intercept a long march of several thousand people who were attempting to join together with the Abepura march and then head to Jayapura, in information conveyed to West Papua Media by Daniel Wenda, Secretary General of KNPB. It is unknown at time of writing whether the march has pushed through the security force blockade or if any casualties or arrests have been sustained.

Local human rights sources have reported that a recent spate of violent acts may have succeeded in keeping away crowds of over 10,000 people, with one person stabbed and wounded by a militiaman at a pre-rally gathering in Angkasapura. However in news just to hand, organisers of the rally are reporting that security forces have relented and several thousand people have now successfully joined the demonstration, which is continuing to grow.

With tensions extremely high after the violence, the organisers of today’s rallies across Papua have been at pains to ensure that no symbolic traditional weapons be brought to the gatherings, and have worked with the Dewan Adat Papua to deploy hundreds of peacekeepers from the uniformed Community Security Force of Petapa, or The Guardians of the Land of Papua.

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Telephone communication to Jayapura has been sporadic with many calls being cut off and SMS communication delayed, making confirmation of events difficult. It is unclear if the security forces are currently preventing West Papuan people from actively communicating to the outside world.

Reports are filtering through that other political actions are occuring throughout Papua simultaneously with the mass protests, with the KNPB suggesting that those who could not make it engage in innovative and non-violent economic disruption actions, such as strikes by ojek drivers, street vendors and bus drivers.

Independence activists are also reporting that members of two pro-Indonesian militias — Besar Merah Putih and Aswain (headed by Euricio Guterres) — have been deployed widely across the Jayapura area in conjunction with security forces.

Witnesses reported that late last night, a PELNI ship suspiciously landed 92 unfamiliar men at the main Jayapura dock, who are widely believed by activists to be members of Kopassus special forces in plain clothes. Activist surveillance of military facilities has indicated that special forces officers have not been seen at regular barracks for the past three days at least.

Suspicions have also been cast on unidentified forces responsible for a spate of violent incidents prior to the nonviolent mobilisations, who are believed to be connected to the Indonesian security forces, in what many observers see as an attempt by the security forces to spread fear, panic and division among the demonstrators to prevent the protests going ahead.

In the early hours of Tuesday morning, an arson attack on the Rectorate of the Cenderawasih University, Abepura, was foiled by Papuan students. The fire was detected before it took hold by alert from student security and was quickly extinguished.

After attacks yesterday by unknown assailants on Indonesian transmigrants in Nafri, Abepura, sources are reporting that one person has been killed and an unknown number injured in another attack in Koya, where SMS reports from credible local sources have described several incidents involving shootings and stabbings.

The Indonesian military has long had a policy of using civilian proxies and plain-clothes agents to carry out acts of violence to provoke civil resistance movements into self-defence. This has often been used as a pretext to engage in a security crackdown, which reinforces military dominance over the region.

Elsewhere in Papua, the mass rally also being held simultaneously in Manokwari was prohibited by security force, according to organisers from the KNPB. However negotiations succeeded in Indonesian security forces relenting, and the rally is currently ongoing with several thousand people participating. This rally marched from the office of Dewan Adat Papua, and is currently outside the Department of Information in Sanggeng. The atmosphere is described as relaxed.

West Papua Media is monitoring events closely, and will provided updates on the situation throughout the day.

MEDIA NOTE:  CONTACTS FOR SPOKESPEOPLE AND STRINGER ON THE GROUND ARE AVAILABLE.  PLEASE CONTACT +61450079106 or editor<@>westpapuamedia.info

Related articles

Seven more Papuans facing charges of makar

According to two reports in the tabloid, JUBI on 16 June 2011, there are seven Papuans currently on trial on charges of makar – subversion. In all these cases, the allegations relate to their participation in an event to commemorate the anniversary of the independence of the West Melanesian Republic on 14 December 2010 and their holding aloft the 14-star flag of the West Melanesian Republic. [This is not the Morning Star flag – the kejora – which is also frequently unfurled at peaceful demonstrations in Papua and has landed numerous Papuans in prison over many years.]

The first report relates to the trial of five students of UNIPA – State University of Papua. The five students are Jhon Raweyai, Yance Sekenyap, Penehas Sorongan, Alex Duwiri and Jhon Wilson Wader, whose ordeal in court has now entered its second hearing.

At this hearing, the defendants and their team of lawyers were given the opportunity to submit their demurrers challenging the court’s right to proceed with the trial. Their lawyer Simon Riziard Banundi said that he had submitted two demurrers as the five students were being tried in two groups.

The trial of the two other Papuans on charges of subversion was unable to proceed because three expert witnesses who had been called by the prosecution had failed to appear as promised. These two men, Melkianus Bleskadit and Dance Yenu are also being defended by Simon Riziard Banundi. Banundi sought clarification at the hearing about whether indeed the witnesses had been summoned as the prosecutors had failed to present copies of the summons sent to them. One of the witnesses was said to be ill while no explanation was given about the absence of the other two.

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