Civil and political rights violations will continue to occur in Papua

Bintang Papua, 4 January 2011

Civil and political rights violations will continue to occur in Papua

In this year of 2011, violations of civil and political rights [will]
still continue to occur in Papua, with such incidents as demonstrations,
shootings, torture, hostage-taking, killings and so on, which result in
conflict between the law enforcement agencies and civil society,
according to a human rights observer, Yusack Reba.

He said that freedom of expression is regarded by law enforcement
agencies as treasonous actions or separatism.

He said that there were two irreconcilable positions. According to the
state, every person is guaranteed the constitutional right to freedom
of expression, and there is nothing about people not being able to talk
about freedom. But according to the Criminal Code, expressions of
opinion are seen as being acts of separatism, which is treated by the
authorities as being a threat to the territorial integrity of the state.
As a result, the law enforcement agencies dont regard this as
expressing an opinion but as an act of treason.

He said that when people express their opinions in the provincial
legislative assembly (DPRP), this is not seen as an attempt to change
the philosophy of the state.

There is nothing in law that prohibits people from giving expression to
their aspirations but when such expressions go in the direction of
wanting independence, that enters into a diffrent legal framework. ‘But
if this is done peacefully and in a well-behaved manner, this is quite
legal and acceptable. If these are handled according to a different
procedure, human rights violations will be perpetrated in the form of
shootings, torture, and other actions.

He said that for the Papuan people, there are numerous instances of
human rights violations but they are not seen as being within the legal
framework and are not handled according to the rule of law, such as for
instance the Abepura case and other major cases which were not handled
by a proper court process.

‘This is why Papuan people have no confidence in the law as regards
actions to deal with human rights violations.

———————-

Buchtar Tabuni and friends are still in police custody

[Slightly abridged in translation by TAPOL]

Bintang Papua, 30 December 2010

Buchtar Tabuni and friends are still in police custody

Jayapura:

Two convicted prisoners charged with treason [makar], Buchtar Tabuni and Filep Karma, along with three other prisoners, Dominggus Pulalo, Alex Elopere and Lopes Katubaba are still in police custody. Buchtar and the others are in police custody and face charges of causing damage and incitement in Abepura Prison on 3 December 2010.

Confirming this in a press release on the security situation at the end
of 2010, Police Inspector-General Bekto Suprapto said that although
Buchtar and his colleagues were convicted prisoners and already serving sentences in Abepura Prison , they now had the additional status of facing new charges. ‘This means that their sentences will certainly be increased,’ he said. (sic)

The police chief said that with their removal from Abepura Prison,
conditions at Abepura Prison had improved. It was much easier now to
keep control of the prisoners in Abepura than it was when Buchtar and
the others were there, he was quoted as saying. ‘We have received
reports that the prison inmates are easier to control, they are more
obedient and now do as they are told, whereas before they were not easy to control.’

He said this was an indication that Buchtar and the others had been
inciting the other prisoners to be disobedient.

Asked about the number of prisoners who had escaped from the prison, he said that they were all on the wanted list [DPO] and their capture was the top priority for 2011 but he did not mention the number of prisoners involved. According to information from other sources, at least fifty prisoners have escaped from the prison.

He said that Buchtar and the others would face several new charges such as causing damage (Article 170) and incitement (Article 160), and could face up to seven years in prison.

When Bintang Papua requested permission to take photos of Buchtar and his friends in police custody, this was refused. The police officer said that this would only infuriate the general public.

As previously reported, Buchtar and his friends [allegedly] caused
damage after an inmate Wiron Wetipo disappeared from the prison and was shot dead by a joint patrol of the police and the army, while they were raiding a house in Tanah Hitam which is suspected as being the
headquarters of the OPM/TPN.

On hearing that Wiron had been shot dead, the six persons [not five
which is the number of names given in this article] now face charges for causing damage and inciting the other prisoners.

Filep Karma is serving a 15-year sentence while Buchtar is serving three years. The other prisoners are serving sentences of two or three years.

[Note how this senior police has no doubt that Buchtar and Karma will
be found guilty of the new charges they face. Such is the rule of law in Indonesia. – TAPOL]

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.

A Veil of Silence is Killing Papua

A Veil of Silence is Killing Papua

from http://unitingworld.org.au/blogs/blog/2010/12/22/a-veil-of-silence-is-killing-papua-2/

December 22nd, 2010

John Barr
By John Barr

Isak Jeksen Mebri shot dead by an Indonesian soldier in Wutung border area with Papua New Guinea on 11th February; an estimated 30 people killed in the Paniai Regency in July: a journalist, Ardiansyah Matrais, found dead in  a river near Merauke on 27th July; Naftali Kwan and Septinus Kwan shot dead by Police Mobile Brigade in Manokwari on 16th September; video footage obtained in October showing the torture of Papuans by the Indonesian military in the Tingginambut area; Ismail Lokobal found dead from a bullet wound after police shoot indiscriminately and Amos Wetibo shot dead in the head after refusing to get down from a police vehicle in Wamena on 4th October; 29 homes burned in Brigiragi Village in Puncak Jaya by officers of the Police Mobile Brigade on 11th October – and the list goes on.

Violence against the local population continues in Papua, the most eastern part of Indonesia and few people are held accountable.

Komnas HAM is the National Human Rights Commission in Indonesia and its report on the human rights situation in the Land of Papua (commonly known as West Papua) is disturbing reading. Matius Murib, Vice Chair in Papua, highlights a serious scenario where Papuans continue to suffer human rights violations at the hands of the Indonesian military and police.

“The actors most responsible are not held accountable” says Matius. Indeed, law enforcers and military officers operating in many parts of Papua gain impunity due a lack of media and public exposure. Arbitrary detention of protesters and sexual violence against women is common. Community leaders and their families are harassed and threatened. People live in constant fear.

Papua rarely makes the news. This is because media is restricted and international scrutiny is minimal. Much has changed in the rest of Indonesia in recent years with the process of “reformasi” and real progress towards democracy. These developments deserve recognition and significant praise.

But things remain the same in Papua. Little has changed since the days of Suharto and his “New Order” regime. The military are in control and no-one appears to be answerable to the violence that is continually inflicted on locals.

A veil of silence encircles Papua and justice appears to be as aloof as ever. The Papuans I know fear the future. Effectively, they are experiencing a slow death.

This is simply not good enough. The world must take note!

Filep Karma and Buchtar Tabuni to face charges ‘for damaging public property’

According to Bintang Papua, 14 December 2010, two well known Papuan political prisoners are to face charges for alleged incitement and causing damage to the Abepura Prison.

The two men, Filep Karma who is serving a 15-year sentence, and Buchtar Tabuni who is serving a three-year sentence, were transferred from Abepura Prison to the custody of the police in Papua on 3 December. Three other prisoners who were charged under the criminal code were also transferred, Domminggus Pulalo who is serving two years, Alex Elopere who is serving three years and Lopes Karubaba who is serving two years.According to the chief of public relations of the police in Papua, Commissioner  Wachyono, they will face a series of charges under Articles 170 and 160 for incitement for which they face sentences of up to seven years.

‘Let no one run away with the idea that they are immune to the law, including these six (sic) men just because they are already serving sentences,’ said Wachyono.

Wachyono said that they were now being held in cells at the police command for security reasons. ‘If they were held at the district police command (Polsek), anything undesirable could happen, especially bearing in mind that many groups in society are not happy about the men being incarcerated.’

Referring to reports that relatives of the prisoners have been prohibited from visiting the men as well as members of the central KomnasHAM, Wachyono insisted that this was untrue. ‘There are no restrictions against anyone visiting them, as long as they comply with visiting hour procedures. People should not come when the men are resting,’ he said.

[According to information from relatives of Filep Karma and Buchtar Tabuni, from the time of their transfer to police custody on 3 December until the present, visiting has been denied.]

As already reported, those now being charged started inflicting damage  after hearing that a co-prisoner, Wiron Wetipo who had escaped from the prison was shot dead by a joint patrol of the army and the police after they had raided a house in Tanah Hitam suspected of being the headquarters of the TPN/OPM. After learning of Wiron’s death, the prisoners started causing damage and inciting other prisoners to resist the prison authorities.

[According to information from colleagues of Filep Karma and Buchtar Tabuni, the contrary is true. The two men, in particular Karma tried to mediate with the prisoners, urging them not to riot or cause any damage. TAPOL]

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