Tag: Political Prisoner

Buchtar Tabuni sentenced to eight months; tight security round the courthouse.

 

 

Bintang Papua
24 September 2012
The former chairman of the KNPB – National Committee for West Papua – was sentenced to eight months in prison, having been charged with inflicting damage on the prison where he was held. The sentence was  less than the demand of the prosecutor who wanted the accused to be sentenced to one year. The eight month sentence will be reduced by the time the accused has already spent behind bars.Aggravating circumstances were that he had previously  been sentenced and that his actions caused anxiety among the people, while the mitigating factor was that he had behaved politely in court.

Following the announcement of the verdict, the defence team said that they had not yet decided whether to launch an appeal against the sentence. ‘We are still thinking about how we will respond,’ said Gustav Kawar.

The defence team said that the sentence was light and the accused should have been released. However, according to Gustav Kawar. the panel of judges had  given him a sentence as the result of external interference.
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Bintang Papua, 25 September 2012

After further consideration, the defence team said that the verdict had not been decided independently and had been seriously influenced by the authorities, Gustav Kawar told  journalists. This influence had come from the security forces, that is to say the army and the police This was the factor that had caused the judges to hesitate before reaching their verdict. There were also doubts because of the fact that the testimony from several of the witnesses was contradictory. Nor had it been proven that the accused had been acting  in consort with others.

According to Gustav Kawar, the Criminal Procedural Code (KUHP) stipulates that  if  any element in the charge has been proven to be invalid, the entire charge must be declared invalid. The accused as well as his defence team said that they would consider what to do in the coming seven days.

Security measures round  the court

On the day the verdict was announced, around 230 security forces from the local and district forces, including personnel  from the police intelligence unit, Brimob  were among those standing guard.

The chief of police said that several  elements of the security forces had taken part in security at the time of the various hearings.  He asserted that  they had discovered sharp weapons among the crowd of people outside the courthouse following the earlier hearings but after measures had been taken, this did not occur during the latter hearings.

[Translated by TAPOL]

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Yusak Pakage questioned by police for possessing a pocket knife

 

JUBI and Bintang Papua, 23 July 2012

Former political prisoner taken to police command post

The former political prisoner, Yusak Pakage, was taken to a police station in Jayapura for questioning after an incident that occurred while he was sitting in court, waiting for the  second hearing in the trial of Buchtar Tabuni on 23 July to begin.

The JUBI report says that, while sitting there, he was showing his anger [presumably feeling incensed at the fact that a man of Buchtar Tabuni’s stature and reputation was facing charges in court].

[Note: Yusak Pakage was arrested together with Filep Karma in 2004 and sentenced to 15 years for unfurling a Morning Star Flag and was released a year ago.]

Feeling infuriated, he is said to have kicked a spittoon, the contents of which splashed the trousers of an official of the local administration who was sitting next to him. The official responded angrily and moved away, in the direction of some police officers who were present in court.

A police officer then approached Pakage and searched him and say that he was found to be in possession of a pocket knife. The police officer then grabbed him roughly and forced him into a police vehicle outside to take him in for questioning for carrying a sharp implement allegedly with the intention of stabbing someone.

The JUBI report makes it clear that he was not holding the knife in his hand at the time but the knife was found in his pocket when he was searched.

The Bintang Papua report identifies Yusak Pakage as the co-ordinator of the Papuan Street Parliament and in entitled ‘Street Parliament co-ordinator could go back to prison’. It states that the local police chief said that he would be interrogated ‘because his behaviour was seen as a threat to someone’s security’ and said that he could be charged under Emergency Regulation 12/1951 for posing a danger to another person’s safety and could face up to five years.

Two reports summarised by TAPOL]

[COMMENT: This incident shows how  insecure  former political prisoners are in West Papua, even after having served their sentence.]

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State must safeguard the health of political prisoners, says Parjal

 

JUBI, 19 July 2012
[Comment: Just see how many Papuans are serving life sentences or twenty years. TAPOL]Papuan Street Parliament says state must guarantee the heath of tapols

Jayapura, 19 July, 2012

The  Papuan Street Parliament (Parjal) insists that it is the responsibility of the Indonesian government  to safeguard the right to life of Papuans who are still behind bars.

Yusak Pakage, the spokesperson of Parjal, said that as a former political prisoner himself, he knows that prisoners suffer many difficulties as a result of the use of violence. ‘The state should be responsible for medical treatment and for the prisoners’ right to life,’ he said.

The director of the district office of the Department of Law and Human Rights , Daniel Biantong announced last January that there were 23 Papuan political  prisoners, of whom 16 were being held in Wamena prison, three were being held  in Biak and  two  in Abepura. The two in Abepura were Philip Karma [usually spelt Filep] and Samuel Yaru.

Those being held in Biak are Numbuga Talenggu and Yafrai Murib who are both serving life sentences, while Kimanus Wenda and Linus Hiluka  in Nabire prison have been sentenced to 20 years and in Biak, Apotnagolik E. Lokobal has been sentenced to 20 years.

Other tapols who are serving sentences of  20 years are Kanius Murib who is being held in Wamena, while Samuel Yanu  who is being held in Abepura is serving a sentence of three years.

‘Because I  have myself spent time in prison in Wamena, I have a sense of solidarity with these political prisoners. It is the duty of the state to help them,’ he said.

[Translated by TAPOL]

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Police disperse humanitarian action in Jayapura

JUBI, 19 July 2012
Note: The bulk of this posting was posted yesterday but we are re-posting it with an important addition from Andreas Harsono. TAPOL]

Note: The Papuan Solidarity  for Human Rights Victims, SKPHP, is the
organization which supports political prisoners, including Filep
Karma, in Papua. They regularly do fund raising to buy medicines for
the prisoners. In 2010, they did a specific campaign for Filep Karma,
raising around $3,000 from the streets. Now the Indonesian police
stopped them from doing that on the grounds that SKPHP has no legal
entity.

Regarding Filep Karma’s fund raising, we have now raised IDR116
million. It is enough to do the surgery in Jakarta. He will meet his
local doctor, Donald Arrongear, this week. SKPHP and Karma are still
negotiating with the Ministry of Law and Human Rights about he goes
directly to the PGI hospital in Jakarta (without going to the Jakarta
prison first). They’re also suspicious with a new prison guard from
Java Island who wants to accompany him to Jakarta.

Police disperse humanitarian action in Jayapura

JUBI, 19 July 2012

The police in Papua forcibly dispersed  a humanitarian action taking
place when Papuans were out collecting money to help political
prisoners. They were from an organisation called Solidarity  for Human
Rights Victims, SKPHP. The police said that they had dispersed the
people because the SKPHP  has not registered with the provincial
administration.

The news was confirmed by Peneas Lokbere, a member of the SKPHP, who
told JUBI that before undertaking the action they had notified the
police of their intentions in both Abepura and Jayapura. Having done
this, it meant that the police would grant permission for the action
to take place.

Nevertheless, while the action was in progress on Friday at 1pm, the
police dispersed those taking part in the action. ‘We were forcibly
dispersed,’ said Peneas. ‘They said that this was because  we had not
registered the organisation with the authorities. and therefore, we
were not allowed to continue with this collection of funds.’ He also
said that after the police came to disperse the action, they dispersed
peacefully.’We did not offer any resistance. If we had resisted, it
would have led to a lengthy process.’

Peneas said that  they would follow up their action on Friday, 20
July. ‘We will go to the police and ask for permission to continue
with action.’

The street collections were being undertaken to provide for the
medical requirements of the political prisoners and the other prisoner
who are  ill at the prisons in Abepura and Jayapura. Among those who
are ill in Abepura Prison are Filep Karma, Ferdinand Pakage and Jefrai
Murib.

Their intention was to carry out this action from 9am Thursday 19 July
until Saturday.21 July.

[Translated by TAPOL]

The article is illustrated by a photo showing a large banner which
says: ‘The government doesn’t want to pay for medical treatment for
Filep Karma and Ferdinand Pakage’.   They are carrying posters which
say: ‘The Papuan  political prisoners are not criminals.’

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AHRC: Prison guards tortured 42 prisoners and detainees at Abepura correctional facility in Papua

June 8, 2012

Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the torture of 42 prisoners and detainees by prison guards at Abepura Correctional Facility on 30 April 2012 following an argument between one of the detainees, Selfius Bobii, and the Head of the Abepura Correctional Facility (Abepura Kalapas). The prisoners were beaten, kicked, hit with wood blocks as well as iron sticks and some of them were trampled by the prison guards. Their personal items were taken away and burned. The torture and property destruction took place under the order of the Abepura Kalapas.

CASE NARRATIVE:
According to several local NGOs such as The Commission for the Disappeared and Victims of Violance in Papua (KontraS Papua), Sekretariat Keadilan, Perdamaian dan Keutuhan Ciptaan (SKPKC) Fransiskan Papua, Papua Legal Aid Foundation (LBH Papua) and Elsham Papua, around 12pm on 30 April 2012, the prison guards at Class II.A of the Abepura Correctional Facility were going to put back and lock the detainees and prisoners in their cell. Amongst them was Selfius Bobii who was detained and received punishment for his involvement in the Third Papuan Congress in October 2011. Selfius had asked the Head of the Correctional Facility’s Security Unit (KPLP), Juwaini, for a permit to hold a creative activity with other prisoners but his request was dismissed by the KPLP. This led to an argument between him and the Abepura Kalapas, Liberti Sitinjak, who heard the conversation of Selfius and one of his staffs.

The argument between Selfius and the Kalapas ended with an order from the Kalapas to the prison guards to put Selfius into isolation. Selfius avoided the prison guards and insisted that he should not be isolated as he has not done anything wrong.

Other prisoners who were at their cell witnessed this and they also yelled at the prison guards asking them to put Selfius back to his cell instead of to the isolation. Their requests were ignored and the prison guards put Selfius in an isolated area. The prison guards later went back to the cells where the prisoners were yelling. The guards were offended with what the prisoners said so they took them out of their cell and beat, kicked and hit them with fists, wood blocks and iron sticks. The prisoners were also whipped with thick ropes supposed to use for controlling cows. They were also dragged to the yard in front of the block and were asked to walk whilst they were crouching for about 200 metres. As they were doing this, the guards kept beating and kicking them. The guards stepped on some of the prisoners and detainees’ fingers and toes. The guards also kept saying to the prisoners ‘you are all stupid, that is why you ended up here’. The torture and ill-treatment took place for about two and a half hours, approximately from 12.30-3.15pm. There were 41 prisoners in total who were treated this way by twenty prison guards. Two prisoners Hendrik Kenelak and Otto Ikinia fainted and one, Parmen Wenda, had his arm broken.

Before the prison guards put the prisoners back to their cell, the Kalapas asked them to search the cells and took away their personal belongings  and later burned them. Selfius was brought to the Papua Regional Police Station and was questioned. He did not receive any ill-treatment whilst he was there and was later sent back to Abepura Correctional Facility on 3 May 2012.

ADDITIONAL INFORMATION:
Principle 6 of the UN Body of Principles for the Protection of All Persons under Any Form of Detention and Imprisonment explicitly prohibits the use of torture and ill-treatment against persons whose liberty are deprived. The principle also emphasises that no reason can be used to justify any state officials to conduct torture and ill-treat prisoners. These principles are in accordance with the provisions under the UN Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (UN CAT) to which Indonesia is a state party since 1998. Yet although Indonesia has ratified the UN CAT, torture itself has yet to be criminalised in Indonesia in order to end the ongoing practice. For this reason, at the first and second Universal Periodic Review of the UN Human Rights Council’s session on Indonesia, several countries urged the Indonesian government to criminalise torture and to reform its Penal Code in accordance with its international human rights obligations.

The absence of articles making torture a punishable crime in Indonesia contributes to the low investigation rate seen in torture cases in Indonesian criminal procedure. Torture is often deemed merely as a violation to disciplines for which, in the majority of cases, the perpetrators received inadequate or no punishment. Military officers who tortured several Papuans in 2010 as shown in a video distributed on the internet, for instance, were sent only to 8 to 10 month imprisonment for disobedience but have not been held accountable for the torture they committed.

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