Tag: Papua Merdeka

AHRC: Manokwari Court acquits four Papuan students but sentences one more student with rebellion

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME
Urgent Appeal Update: AHRC-UAU-046-2011

4 October 2011

[RE: AHRC-UAU-041-2011: INDONESIA: Manokwari court sentences two Papuan activists in flawed trial]
———————————————————————
INDONESIA: Manokwari Court acquits four Papuan students but sentences one more student with rebellion

ISSUES: Freedom of expression, Indigenous Peoples, Independence of Judges and Lawyers
———————————————————————

Dear friends,

The Asian Human Rights Commission (AHRC) has received updated information from the Institute for Research, Recognition and Development of Legal Aid (LP3BH) in West Papua regarding the sentencing of another Papuan student and the acquittal of four others in relation to their involvement in a peaceful protest on 14 December 2010. While the AHRC welcomes the acquittal of four of the seven victims brought before court the sentencing of the other three presents a violation of their right to freedom of expression. Concerns over the imprisonment of Mr. Bleskadit and the application of the rebellion charge against peaceful protesters in other cases in West Papua remain.

UPDATED INFORMATION:

In the urgent appeal on 23 June 2011 (AHRC-UAC-117-2011), the AHRC raised concerns about the rebellion charges against seven people, for organizing and participating in a peaceful protest and the raising of a West Papuan flag that symbolizes self determination. At the correctional facility, they were ill-treated and denied medical care for weeks resulting in serious health conditions. (photo: Melki Bleskadit in court, source:LP3BH)

On 18 August 2011, the Manokwari district court sentenced Melki Bleskadit (also known as Melkianus Bleskadit) to two years imprisonment. On 23 August 2011, Mr. Yenu was sentenced to seven months and 16 days imprisonment. The AHRC learned that the verdicts were declared based on a flawed process and issued an update AHRC-UAU-041-2011.

On 27 September 2011, the judges panel acquitted four of the five other Papuan students. According to the Manokwari court’s decision No: 84/Pid.B/2011/PN.Mkw, Mr Alex Duwiri and Mr John Wilson Wader were not guilty of acts of rebellion under article 106 jo, (in conjunction with) Article 55 and 56 of the criminal code. The Courts decision No. : 85/Pid.B/2011/PN.Mkw under the same charges declared Mr Panehas Serongon alias Panehas Sarongon and Mr Yance Sekenyap as not guilty. However, according to the latter decision, Mr Jhon Raweyai alias Joni was proven guilty for participating in the rebellion crime, and was sentenced to 9 (nine) months and 17 (seventeen) days imprisonment, most of which has by now already been served during pretrial detention.

The AHRC is of the opinion that the conduct of any peaceful protest is protected by the Indonesian Constitution and international human rights law applicable to Indonesia. Laying criminal charges against the protesters based on the content of the opinion shared violates the victim’s right to freedom of expression in this case. The relevant articles in the Indonesian Criminal Code that originates from the Dutch colonial period have to be reviewed and their further application halted. The AHRC has noted that several steps taken by the authorities have in the recent past aggravated tensions including the stigmatization many indigenous Papuans including activists as rebels. Many are charged and sentenced in flawed processes that lack impartiality and professional standards of judicial conduct, such as in the case of Mr. Bleskadit and Mr. Yenu. The perpetrators of such rights violations are rarely held accountable, which prolongs the use of the courts for political interests. In the cases of Mr Bleskadit and Mr. Yenu, no information regarding accountability actions against the perpetrators are known.

The court held four of the victims not guilty after they had spent approximately nine months in prison without proper access to medical care. Indonesian law entitles the victims to compensation for the deprivation of their liberty during detention and the health conditions they had to endure.

The AHRC has received reports from further sources that the security institutions in Manokwari and West Papua had earlier planned to undertake systematic efforts during 1-14 December 2011 to intentionally create a situation that would allow for the arrest of and criminal charges against protesters. According to the reports received this operation was planned to justify the ongoing stigmatization of indigenous Papuans with the view to scale up security operations. The AHRC urges an immediate investigation into these serious allegations to avoid repetition.

SUGGESTED ACTION:
Please write letters to the authorities listed below asking them to intervene in the case immediately to ensure that all allegations of institutional misconduct leading to wrongful deprivation of the victims liberty is investigated, that the victims are compensated and Mr. Bleskadit is released from his political imprisonment. All legal process must to be conducted in accordance with international norms.

Please be informed that the AHRC is sending letters on this case to to the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, the Special Rapporteur on the rights of indigenous people, and the Special Rapporteur on the independence of judges and lawyers.

To support this appeal, please click here:

SAMPLE LETTER:

Dear ___________,

INDONESIA: Manokwari Court acquits four Papuan students but sentences one more student with rebellion

Name of victim: Jhon Raweyai, Penehas Serongan, Yance Sekeyab, Alex Duwiri, John Wilson Wader, Melki Bleskadit and Daniel Yenu
Names of alleged perpetrators: Police members, including guards of detention cell of Manokwari district police who arrested, detained and examined the victims, the prosecutor who examined this case
Date of incident: December 2010-September 2011
Place of incident: Manokwari, West Papua, Indonesia

I am writing to voice my deep concern regarding the conviction and sentencing of Jhon Raweyai at the Manokwari district court on 27 September 2011 and the ongoing imprisonment of Mr. Bleskadit for their involvement in a peaceful protest on 14 December 2010.

I know that on 14 December 2010, seven people were charged with rebellion after they had 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.

Furthermore, I know that the Manokwari district court issued the verdict that two of the victims, Melki Bleskadit (also known as Melkianus Bleskadit) and Daniel Yenu, were guilty of acts of rebellion. On 18 August 2011, the verdict against Mr. Bleskadit was declared and he was sentenced to two years imprisonment. On 23 August 2011, Mr. Yenu was convicted to seven months and 16 days imprisonment. I am also aware that the verdicts were declared based on flawed process. Meanwhile, the other accused are still undergoing the trial process.

I was informed that on 27 September 2011, the judges panel acquitted four of the five other Papuan students. According to the Manokwari court’s decision No: 84/Pid.B/2011/PN.Mkw, Mr Alex Duwiri and Mr John Wilson Wader were not guilty of acts of rebellion under article 106 jo, (in conjunction with) Article 55 and 56 of the criminal code. The Courts decision No. : 85/Pid.B/2011/PN.Mkw under the same charges declared Mr Panehas Serongon als. Panehas Sarongon and Mr Yance Sekenyap as not guilty. However, according to the latter decision, Mr Jhon Raweyai als. Joni was proven guilty for participating in the rebellion crime, and was sentenced to 9 (nine) months and 17 (seventeen) days imprisonment, most of which has by now already been served during detention.

I am aware that the conduct of any peaceful protest is protected by the Indonesian Constitution and international human rights law applicable to Indonesia. Laying criminal charges against the protesters based on the content of the opinion shared by them violates the victim’s right to freedom of expression in this case. The relevant articles in the Indonesian Criminal Code that originated from the Dutch colonial period have to be reviewed and their further application halted. I am also aware that several steps taken by the authorities have in the recent past aggravated tensions including the stigmatization many indigenous Papuans including activists as rebels. Many are charged and sentenced in flawed processes that lack impartiality and professional standards of judicial conduct, such as in the case of Mr. Bleskadit and Mr. Yenu. The perpetrators of such rights violations are hardly held accountable, which prolongs the instrumentalisation of courts for political interests. In the cases of Mr Bleskadit and Mr. Yenu, no information regarding accountability processes against the perpetrators are known.

I am also concerned that the court held four of the victims as not guilty after they had spent approximately nine months in prison without proper access to medical care. Indonesian law entitles the victims to a compensation for the deprivation of their liberty during detention and the health conditions they had to endure.

I was shocked to hear about further reports that alleged that security operation were planned by some authorities in order to artificially create conditions that would allow the police to charge activists in various places of West Papua as rebels in order to maintain stigmatization and with the view to scale up security operations. Since many of the steps taken by authorities in recent years seem to aggravate the conflict in West Papua, I am very concerned about the approach of Indonesian institutions in West Papua.

Yours sincerely,

—————-
PLEASE SEND YOUR LETTERS TO:

1. Mr. Susilo Bambang Yudhoyono
The President of Indonesia
Jl. Veteran No. 16
Jakarta Pusat
INDONESIA
Tel: +62 21 3863777 / 3503088
Fax: +62 21 3442223

2. Head of Indonesian Police
Markas Besar Kepolisian Indonesia
Jl. Trunojoyo No. 3
Kebayoran Baru
South Jakarta 12110
INDONESIA
Tel.: +62 21 3848537 / 7260306 / 7218010
Fax: +62 21 7220669
Email: info@polri.go.id

3. The Minister of Law and Human Rights of the Republic of Indonesia
Jl. H.R. Rasuna Said Kav. 6-7
Kuningan, Jakarta 12940
INDONESIA
Tel: +62 21 5253006, 5253889, 5264280
Fax: +62 21 5253095

4. Mr. Basrief Arief
The Attorney General of Indonesia
Jl. Sultan Hasanudin No. 1
Kebayoran Baru, Jakarta 12160
INDONESIA
Tel.: +62 21 7221337, 7397602.
Fax: + 62 21 7250213

5. Head of Papua Regional Police
Jl. Dr. Sam Ratulangi No. 8
Jayapura
INDONESIA
Tel.: + 62 967 531834

6. Head of Division of Profession and Security of Papua Regional Police
Jl. Dr. Sam Ratulangi No. 8
Jayapura
INDONESIA
Tel.: + 62 967 531834

7. Head of National Commission on Human Rights of Indonesia
Jalan Latuharhary No.4-B,
Jakarta 10310
INDONESIA
Tel.: +62 21 392 5227-30
Fax: +62 21 392 5227
E-mail: info@komnas.go.id

8. Chairman of the National Police Commission (Kompolnas)
Jl. Tirtayasa VII No. 20 Komplek PTIK Jakarta Selatan
INDONESIA
Tel: +62 21 739 2352
Fax: +62 21 739 2317

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)

Related articles
2

The TNI Should Withdraw From Papua to Prevent Another Lacluta

By Daniel Pye

This month marks the 30th anniversary of the Lacluta massacre in East Timor by battalions of the Indonesian military, or TNI.

One of the enduring horrors of the occupation of East Timor was the “fence of legs” campaign of 1981 where civilians were rounded up and forcibly marched across the island to flush out resistance fighters – including Xanana Gusmao, now the fledgling nation’s Prime Minister.

Many died along the way. The campaign led to “very serious humanitarian consequences,” including famine as it took place during planting season and many of those press-ganged were subsistence farmers.

The march headed to Lacluta where the UN Commission for Reception, Truth and Reconciliation determined hundreds of East Timorese were murdered by Indonesian armed forces. “The commission received evidence of a large massacre of civilians, including women and children, at this time,” it said.

Indonesian authorities admitted to only 70 deaths, while Martinho da Costa Lopes of East Timor’s Catholic church said the death toll was closer to 500. One East Timorese fighter said the attack was carried out by Battalion 744, later to be commanded by Indonesia’s current president, Susilo Bambang Yudhoyono.

“I witnessed with my own eyes how the Indonesian military, Battalion 744, killed civilians in front of me,” Albino da Costa said. “They captured those unarmed people, tied them up then stabbed them to death. There was a pregnant woman captured and killed just like that. I saw it from a close distance, just 100m from where it happened.”

Costa Lopes died in Lisbon in 1991. His repeated calls for intervention by the United Nations and for curtailment of United States military aid to the Indonesian Government went unheeded.

The US, Japan and a number of Western European countries continued to provide Indonesia with about $5 billion in military aid. In the aftermath of the 1975 invasion the media largely ignored, as one Australian parliamentary report called it, “indiscriminate killing on a scale unprecedented in post-World War II history,” because of Indonesia’s vast natural resources. It was, as former US President Richard Nixon put it, the “greatest prize in the Southeast Asian area”.

Indonesia’s occupation of East Timor ended with independence and perhaps as many as a third of the population killed.

But today there is another war for independence in Indonesia: West Papua. And the parallels with East Timor are striking.

Papuans have endured horrific violence since Indonesia first invaded in 1963. Amnesty International and other human rights groups agree that as many as 100,000 Papuans have been killed under occupation.

West Papua is rich in minerals and oil. Transmigration, commercial logging, mining and other government-sponsored programs are considered to be in the interests of the nation, and take priority over any local land claims.

It has the world’s largest gold mine, controlled by the Freeport-McMoRan Company of Louisiana and the Anglo-Australian company Rio Tinto. General Suharto granted the concession under the 1967 foreign investment laws that opened Indonesia to near-unrestricted foreign wealth exploitation.

When guerrillas from the Free West Papua Movement sabotaged the mine in 1977, the army responded by killing at least 800 Papuans. This was not the first, not the last time the Indonesian military would be used to protect Western capital under the guise of “protecting the unity of the nation”. It is happening still.

Grasberg workers walked out on strike over pay and conditions on Wednesday. The mineworkers are paid between $1.50 and $3.50 per hour, less than a tenth of what their colleagues in other countries get, while between April and June 2011 Freeport made a profit of $1.73 billion. Most of the wealth extracted from the mine goes abroad – a tiny percentage benefits Papuans. Two thirds of West Papua’s forests – which are at the heart of Papuans’ traditional way of life – are designated for “production” by Jakarta.

An Indonesian military intelligence report leaked to the press in August showed how the island is awash with spies. And how badly equipped are the Papuan separatists to fight the Indonesian military. The TNI is armed and trained by the US and its allies as part of the East Asia Summit grouping, which is fast developing into a Nato for Asia.

Ahead of the planned Third Papuan Peoples Conference, Indonesian paramilitary forces linked to the police and Special Forces of the army appear to have stepped up military operations in the province, which have been described as a campaign of terror by people on the ground. According to KontraS, The Commission for the Disappeared, the army’s actions are illegal under Indonesian law.

Just like in East Timor before independence, West Papua is a prime example of a colony where the extraction of wealth for the benefit of a few outweighs a people’s fundamental right to self-determination. If atrocities such as the one at Lacluta are to be prevented in the future in West Papua, the TNI should withdraw and international investigators should be allowed access to the region.

Jakarta is at a crossroads with international attention focused on West Papua following the Pacific Islands Forum meetings in New Zealand. The head of the UN Ban Ki Moon was unequivocal when asked about Papua. Papuans’ rights should be upheld, he said. Indonesia’s government could take this opportunity to fulfill its pledge to grant Papuans autonomy. But this must include an end to the lawlessness of government-sponsored armed groups, a withdrawal of army units, and determining how Papuans’ natural resources are used must be the preserve of Papuans.

Related articles
8

Third Grand Papua Congress to be held this year

Bintang Papua, 22 August 2011

A national reconciliation team of the West Papuan people consisting of a number of organisations that have been outspoken in their views about the problems of the indigenous Papuan people as well as the policies of the government in Papua have announced that they will be convening the Third Grand Papuan Congress.

Speaking at a press conference at the office of Dewan Adat Papua, DAP,the Papuan Customary Council, Selpius Bobii, chairman of the team, accompanied by Forkorus Yaboisembut., the chairman of DAP, said that they were making
preparations to hold the Congress from 16 – 19 October 2011.

The theme of the Congress will be: ‘Affirming the basic rights of the indigenous Papuan people for the present and the future’. The Congress will to seek to take the Papuan people forward towards turning the Land of Papua into a paradise on earth, such as the Papuan people experienced before coming into contact with outsiders.

As part of the preparations of the Congress, the organising committee plan to meet the Indonesian President ‘This meeting is planned in order to officially inform him of plans to hold the Third Papuan People’s Congress.’ The DPRP, the Provincial Papuan Assembly will also attend this meeting, as representatives of the Papuan people. Selpius stressed that they would be meeting the President only to inform him of their plans. ‘Whatever attitude the government adopts, the Congress will go ahead,’ said Forkorus.

The Congress is the most senior body entitled to take decisions for the indigenous people. ‘All organisations of whatever kind, customary councils, ethnic groups as well as other organisations will be able to present their own agendas.’ The KNPB, the National Committee of the Papuan People, said that they plan to bring about changes that take will them forward to a Free Papua – Papua Merdeka.

The committee also urged the Indonesian government to implement the decisions of the grand meeting of the MRP – the Majelis Rakyat Papua – together with the indigenous Papuan people held on 9-10 June 2010 and to implement the pledge of the DPRP with regard to the Special Autonomy Law, involving the communities living in the Land of Papua as well as the provincial, regional and district assemblies.

Related articles
11

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
2

ALDB: On 17 August, Freedom for Papua?

17 AUGUST STATEMENT BY ALDP, ALLIANCE FOR DEMOCRACY IN PAPUA

Since the beginning of August 2011, Papuan people have been confronted
by a series of violent actions, which have occurred one after the other.
On some occasions, activities in the community have stopped altogether
then its back to normal, with people going to their offices, to the
market, to school and to places of worship. There is hardly anywhere
that can be said to be safe. No one seems to be sure that Jayapura is safe.

Since 1 August, nothing has been normal. Shots were fired at vehicles on
11 and 15 August in Abe Pantai. On 16 August at crack of dawn, flags
were flown and there were attacks against civilians in BTN Tanah Hitam
Soon afterwards, people were chased while there were armed clashes from
5.30am till 11am. There was panic and children were sent home from
school. No one could guarantee that these acts of violence would end
some time soon.

Police and army have been seen driving in patrol vehicles on the
streets, while soldiers have been seen in cars or walking in the street
with rifles at the ready. Apart from all this, unknown people have been
mobilised in public places, not in great numbers but such things have
never happened before.

Armed violence in Papua has been occurring not only in places like
Puncak Jaya or around the Freeport mine but also in Jayapura, especially
in Abepura, Tanah Hitam, Nafri and its surroundings.Violence has even
come close to our homes. One colleague said: ‘Be careful when leaving
home because you could become a victim because these sporadic actions
are being targeted against anyone in order to spread fear.’

People are afraid that these acts of violence are aimed at creating the
conditions for a major incident that is about to occur. The thing to be
avoided at all costs is for these acts of provocation to lead to a
horizontal conflict.

The location of the incidents and the close sequence of the events has
spread fear among people, with strange ideas spreading because those
responsible are still roaming freely even though operations have been
launched.

‘It’s all a question of politics,’ said a driver in Arso13 who had a bad
personal experience because of the event on 1 August in Nafri. He had
passed through Nafri one hour earlier on his way to market and was also
taking his sick brother to Jayapura for treatment. Another trader said:
‘Why is it so difficult to catch the perpetrators when the incidents
occurred near a garden or in a residential area?’

These two people may not be able to analyse these events but what they
are saying is representative of the thoughts of people who simply do not
understand why ordinary people can be the target of acts of violence.
When they speak like this, it means that they want the government to
deal with the problems being faced by their fellow citizens. These
people are not just a statistic; they are an important component for
creating peace in Papua. They are calling on the government to do
something serious to protect its citizens.

During investigations by a joint team set up by the army and the police
consisting of about 300 people, the police identified nineteen people
who will be charged for the Nafri incident on 1 August, based on a
document that was discovered when they were hunting a group in the Nafri
mountains which is alleged to be the place where members of the TNP/OPM
led by Danny Kogoya are active. He is also alleged to have been
responsible for the Nafri incident in November 2010. Those who were
responsible must have been very clever indeed because those incidents
occurred in a very public place and within a very short period.

Whatever is being done to solve these cases of violence in Papua is a
great mystery. Even in the case of incidents that occurred in an open
place like Nafri, the perpetrators have not yet been caught .Things are
much more problematic in places like Tingginambut in Puncak Jaya. All
this is a great challenge to the capability of the police. In other
parts of the country, they have been praised for their ability to combat
terrorism with support from various international agencies. But what is
happening in Papua is a paradox..

Can we be sure about the way the police are handling these acts of
violence here in Papua? Are they themselves confident of their ability
to deal with these acts of violence? They need maximum support to ensure
that the results of their investigations will lead to formal proceedings
in a court of law.

17 August is the 66th anniversary of Indonesian independence. The
red-and-white flag will be flying everywhere to mark the day of
independence, but in our hearts there is nothing but fear. It is the
responsibility of the civil government to deal with all these acts of
violence in Papua instead of busying themselves all the time with the
election of the governor. Without realising it, their authority is
simply reduced to concerns about their political interests while
reproducing provocations that lead to acts of violence.

Related articles
4

Create a website or blog at WordPress.com

Up ↑