Tag: Manokwari

Charges against two Papuan defendants at variance with other court documents; also, statement by Warinussy

JUBI, 31 March 2011 

The formal indictment presented in court against Mecky Bleskadit and Dance Yenu who are facing the charge of unfurling the 14-star flag  in Manokwari last December is at variance with the verbatim report submitted to the court by the police.

A member of the legal team of the defendants, Simon Richard Banundi, said that the charge sheet  does not reflect the contents of the interrogation report which provides a chronological account of the police arrest and they intend to make a formal complaint about this when they submit their demurer (eksepsi) at the next hearing of the case on 5 April.

Banundi said that the two defendants were facing charges under Article 106  of the criminal code for makar and they are also accused of being separatists. The charge sheet also makes reference to Articles 107 and 110 for alleged provocation of a large number of people. After the indictment was read out, the hearing was adjourned and will continue on 5 April.

Yan Christian  Warinussy, co-ordinator of the defence team, later told the press that  when submitting their demurer, he would deal at length with the continuance in force of the makar article and the other articles used in the charge sheet. These articles are being used to silence Papuan activists whenever they give expression to their aspirations and can even result in their ending up behind bars.

The two defendants along with five others were involved in an incident when they unfurled the 14-star flag to commemorate the anniversary of the declaration of West Melanesian independence on 14 December 2010 in Manokwari, West Papua.

————–

In a statement issued on the following day, the co-ordinator the defence team, Yan Christian Warinussy said that even though articles 102, 106, 108 and 110 can be described as being ‘karet’ (highly flexible), they have been used since the days of President Sukarno and up to the present era of reformasi. to silence people holding  views contradictory to those in power and are still being used by elements within the judiciary and including the police, against people calling for democracy in the Land of Papua as well as in Maluku and Aceh.

He said that the activities that had been undertaken by the two defendants last December had led to charges of makar whereas what they had done should not be seen as makar or separatism. Makar should be seen as an act involving armed violence  or violence. Can the expression of people’s aspirations  such as unfurling the 14-star flag or the Morning Star flag (kejora), or singing the song, Hai Tanahku Papua be branded as makar or separatist?

The government should stop using these articles and there should be a judicial review and an end should be put to using these articles to silence democratic actions in the Land of Papua.

A movement must be launched to call for a judicial review of the makar article must secure the support of all components of society as well as the local governments of Papua and West Papua.

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Two Papuan prisoners allowed ten days respite

JUBI: 17 February 2011

Two Papuan prisoners, Melkianus Bleskadit and Dance Yenu, both of whom are alleged to be involved in flying the 14-Star flag in Manokwari, West Papua on 14 December 2010 have received notification from the attorney-general in Manokwari giving them respite from their imprisonment (pembantalan?).

Simond Riziard Banundi, one of the lawyers working for the two men, said that the letters have been issued to give them time to rest at home. ‘Our two clients have received these letters from the attorney-general to free them for a time, so as to rest in their homes,’ said Banundi. But he said that this would not be possible because what they need is treatment to deal with their physical conditions.

He said it was true that the attorney-general had given the two men ten days respite, from 12 till 21 February . ‘We have received the letters,’ he said, ‘and our clients are currently being treated in hospital.’

[NOTE: The word used for the letter – pembantalan – is one that we are not familiar with in this connection and our dictionary hasn’t helped. We posted several articles about these prisoners yesterday. TAPOL]

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Flag raisers to go on trial in Manokwari

JUBI, 11 February 2011

Flag raisers to go on trial in Manokwari

Two Papuans are due to go on trial in Manokwari for raising the 14-star flag. The two men are Melkinus Bleskadit and Dance Bleskadit who, along with five others, raised flags on 14 December 2010. The documents regarding the two men were handed over by the police to the attorney’s office.

A lawyer acting for the two men, Yan Christian Warinussy, said that this is the second stage in the judicial process, following interrogation and bringing together other evidence.

‘The two men are now awaiting action on their case by the prosecutors who will present the charges against them,’ he said. He said that the two men were likely to be charged for treason – makar – and the lawyer hoped that the trial proceedings would commence as soon as possible.

Four others involved in the flag raising are Jhon Wena, 21, George
Rawiay, 20, Benha Supangha, 20, and Alex Duwen, 22. [The name of the fifth person was not mentioned .] The ages of the two men due to be formally charged were not given.

The seven men were arrested as they were commemorating the anniversary of the independence declaration of the West Melanesian Republic on 14 December 2010.

The five men are being held in police custody and are still undergoing
interrogation by the police.

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Selection of MRP members should stop, say church leaders

Abridged in translation by TAPOL

Bintang Papua,11 January 2011

Given the growing concern about the implementation of Special Autonomy
(OTSUS) as reflected in the decisions of the Grand Assembly of the MRP
and the Papuan Indigenous People held on 9-10 June 2010, several church
leaders have called on the Indonesian president, the governors of the
provinces of Papua and West Papua and the chairmen of the provincial
legislative assemblies to halt the process of selecting members of the
MRP (Majelis Rakyat Papua – Papuan People’s Assembly) until such time as
there are clear answers to the eleven recommendations that were
submitted to the provincial assembly (DPRP) on 18 June 2010, according
to a joint communique by the churches The signatories include the head
of the Evangelical Church, the GKI, Rev. Jemima Krey, the head of the
Kingmi church, Rev. Benny Giay, Rev. Socrates Yoman and the head of the
Pentacostal Church, Rev. Tonny Infandi.

The assembly held in June 2010 which was facilitated by the MRP was an
official forum representing the voice of the Papuan people, well within
the framework of the rule of law in Indonesia. On that occasion, the
Papuan people clearly expressed the view that the OTSUS Law 21/2001 had
failed to result in any improvements in the living conditions of the
Papuan people which is why the Papuan people had returned the law to
Jakarta.

The handing back of the law to the two provincial assemblies occurred in
Jayapura and Manokwari on 18 June 2010, when a deadline of one month was
set for members of the asemblies to hold plenary sessions to respond to
the people’s aspirations, but since that time, neither of the assemblies
had adopted any measures to respond to these demands.

The impression is that the the central government as well as the
provincial assemblies are not in any way interested in taking any
action to improve the implementation of OTSUS, which is in direct
contradiction with the wishes of the Papuan people.

The situation has been further aggravated by current moves to set up a
new MRP, a body that has now been rejected by the Papuan people.

There is even the impression that the central government via the
intermediary of the United Agency of the Papuan Provinces, is about to
create a ‘puppet MRP’ within the framework of the OTSUS law that will be
incapable of granting protection and upholding the basis rights of the
indigenous Papuan people.

Church leaders regard the creation of such an MRP as being in serious
violation of the dignity of the Papuan people. The church leaders
therefore state the following:

Firstly, we respect the aspirations of the indigenous Papuan people as
declared in the decisions of the Grand Assembly on 9 -10 June 2010, that
OTSUS has failed and has been returned to the central government.

Secondly, that the central government and the provincial assemblies
should immediately stop all moves to select members of the MRP until
such time as there are concrete responses to the results of the Grand
Assembly that were made public on 16 June 2010.

Thirdly, we call upon the governors of the Papuan provinces to stop
ignoring the aspirations of the Papuan people and to sit down with the
people to hold comprehensive talks about Papuan aspirations in rejection
of OTSUS, democratically and in a spirit of justice.

Fourthly, we call on the central government to enter in dialogue with
the Papuan people so as to bring to an end the protracted legal and
political uncertainty which has brought despair to the Papuan people
who we lead in this Land of Papua.

Fifthly, we reject all attempts or formulations that spread confusion
about the demand for dialogue between the Papuan people and the
government of Indonesia which has for many years been expressed by the
Papuan people.

Sixthly, we urge the Indonesian government to stop all forms of
intimidation and terror and other repressive measures that are aimed at
stifling critical opinions from our community regarding development
that is now under way in the Land of Papua which has failed to respect
the interests of the common people.

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Seven Papuan activists are now in jail of POLRES Manokwari for conducting peaceful demonstration and unfurling 14-star flag

The following news has been translated from Cahaya Papua daily
newspaper – Thursday 30 December 2010.
For further information about these activists please contact the cell
phone their lawyers:
Leonard Yarollo: +62 852 44553375
Jan Christian Warinussy: +62 81344694500

Title:
Melky Bleskadit and his Friends Rejects Signing the Letter of Transfer
to Public Prosecutor

Manokwari – Seven Papuan activists who were arrested and charged with
treason articles for the case of unfurling the 14-Star Flag on 14
December 2010 reject to sign the letter of transfer for their arrest
to public prosecutor.
One of the suspects who is now in the (jail) of Polres Manokwari,
Melky Bleskadit says that he does not want to sign the paper because
it is not procedural.
“We have been accompanied by our lawyer, so everything that is related
to legal process of us has to be done through our lawyer, Jan
Christian Warinussy,” he said to Cahaya Papua daily newspaper from
behind the iron bars.
The secretary general of the Council of the Committee for the
Preparation of the Proclamation of the Sovereignty and Independence of
West Melanesia said that until now since being arrested, he and his
friends have just been examined once which was the moment after they
had just been detained and brought to the office of the Indonesian
police in Manokwari.
Melky said that he was asked 38 questions related to his involvement
during their action on 14 December especially his action of unfurling
the 14-Star flag for the duration of around 10 seconds in front of the
mass while giving his oration.
Quoting his answer to the police, Melky rejects the accusation which
says that their action is an “aksi makar” or act of treason against
the government and sovereignty of NKRI (the unitary state of the
Republic of Indonesia). According to him, expressing his opinion is
the right of everybody which has been regulated in the Indonesian
constitution of UUD 1945 article 39 verses 17 and 18, Law No 9 year
1998, as well as Law No. 14 year 2008.
The handling of Papuan case, furthermore he says, has to be carried
out democratically by respecting values of humanity. In his opinion,
dialogue is the best way to respond and to find final solution to the
conflict between Papua and the NKRI.
Melky stated that the central government have used passive and
repressive approaches towards the Papuan people.
“Papuan people have democratic rights, so we deserve to be given space
for democracy. Don’t use repressive approach in solving the conflict,”
he said.
Melky and his friends have been in the detention room for 16 days
since the day when they were arrested. The room with the size of 5 x 8
meters is filled with Melky and his friends, together with 20 other
criminals.
He said that he had submitted a letter for requesting the postponement
of their arrest to chief of the Indonesian police of Manokwari regency
to celebrate Christmas with families but his effort has been rejected.

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