Tag Archives: political

Forkorus’ eye problems not properly dealt with

JUBI, 18 April, 2012
Forkorus Yaboisembut, one of five Papuan activists who was recently sentenced to three years for his participation in the Papuan People’s Congress held last October, is now known to be suffering from eye problems.This was stated by Olga Hamadi, a member of the team of lawyers who have been defending Forkorus and his four co-defendants.

‘Forkorus complained about his eye problems  when we paid him a visit last week,’ said Olga Hamadi, and added that he was not getting proper treatment for the problem. ‘I was taken to the polyclinic but the treatment I had there was not satisfactory,’ Forkorus told his lawyer.

The Dewan Adat Papua – Papuan Customary Council of which Forkorus is the chairperson said that they too have reported the problem to the authorities at the Abepura Prison where Forkorus is being held. Forkorus has also sent a letter about the problem to  the High Court in Jayapura.’ His lawyer said that Forkorus had asked for their help to submit his letter to the High Court.

According to Olga Hamadi, the eye problem is not too severe and Forkorus is otherwise in good health.

Sentences of Forkorus and colleagues lengthened by sixty days

JUBI, 16 April 2012
Gustav Kawer, a member of the defence team of Forkorus and his co-defendants, has confirmed that the sentences of his clients have been lengthened for the second time.The reason for the second lengthening was that the documents relating to the case  had not been sent  by the District Court to the High Court in Jayapura.Following the first addittion of thirty days, the material had not yet been examined, resulting in another thirty days been added to the sentences.

Olga Hamadi, another member of the defence team, confirmed that the sentences had been lengthened, saying that the High Court in Jayapura had issued a statement to the effect that the sentences of the five men, Forkorus Yaboisembut, Edison Waromi, Selpius Bobii, Dominikus Surabet and Agust Kraar had been lengthened.

Meanwhile, Gustaf Kawer said that they would be holding a press conference with regard to their appeal against the sentences. This will take place on Wednesday  this week,’ he said.

He said that the men were  put on trial following the Third Papuan People’s Congress which was held last October because events during that Congress were deemed to be an act of treason.

Two Papuan tapols with paralysis are waiting for permission to get treatment

JUBI,
30 March 2012

Two Papuan political prisoners who are being held in Biak Prison say that they are  waiting for permission to go to Jayapura for medical treatment.They are both suffering serious medical conditions.

Jefrai Murib said that he and his colleague Apot Lokobal are waiting for information from their lawyers and from the Department of Law and Human Rights  about their transfer to Jayapura for treatment. One of their lawyers, Lativa Anum Siregar told them they would have to wait until after the case of Forkorus and his colleagues has been completed.

[Note: Forkorus and his four co-defendants were sentenced to three years on 16 March 2012. Their lawyers have just announced that the five men are due to lodge an appeal against the sentence on 2 April. No date has yet been set for when the appeal will be heard which is likely to be weeks ahead. This means that these two suffering  tapols are likely to have to wait for at least several weeks if not months before getting the medical attention which they urgently need. According to another of their lawyers,  Olga Hamadi,  they will appeal against the sentence and call for the release of the five prisoners. They will argue that the court failed to prove that the five men were guilty of makar (treason). – Tapol]

As has previously been reported, lawyers at the Forkorus trial  said that none of the witnesses heard in the trial had given testimony about the alleged role they were said to have played; according to KUHAP, the Criminal Procedural Code Article 110 they should be proven to have been involved in a conspiracy.

Furthermore, 69 items of evidence were mentioned at the Forkorus trial, of which only one was presented during the trial, namely a banner.

Forkorus and his four co-defendants are now serving their sentences in Abepura Prison.TAPOL]

Jefrai Murib, one of the ailing tapols said they will have to wait till after the  Forkorus trial has been completed as well as after another of their colleagues, Kimanus has been treated for another ailment.

Jefrai Murib said the right side of his body is completely paralysed because of a stroke. ‘My right hand is also paralysed. Just going to the toilet is very difficult indeed for me..’

His colleague Apot Lokobal  said that he too is waiting for a permit to get medical treatment in Jayapura. He said that his condition is not as bad as that of his colleague Jefrai who is much more seriously ill. He is suffering from the same condition as Jefrai, with the right of his body paralysed.

The two men were arrested and sentenced for their involvement in an assault on an ammunitions dump of Kodim 1702, Wamena. Another twelve tapols were also tried and sentenced in connection with the same incident.

[Abridged in translation by TAPOL]

Sambom: ‘Imprisonment will never silence Papuans’

JUBI, 19 March 2012
A leading Papuan human rights  activist has said that the Indonesian government will never be able to silence the Papuan struggle by putting Papuans behind bars. On the contrary, he said, it has the reverse effect by making people more determined than ever.

Sebby Sambom made these comments in an interview with JUBI in connection with the three-year sentence given to Forkorus Yaboisembut and his four colleagues last week.

‘Indonesia has neither the power nor the legal means to punish Papuans by silencing them with regard to their aspirations for an Independent Papua,’ he said.

He said that whenever Papuans take action, they are brought before the court and given a prison sentence. This is the way the government behaves which is simply unacceptable. Even though Papuans have done nothing wrong, they are thrown into prison.’

He said that any Papuan who takes action faces the prospect of being jailed. People keep on being arrested, put on trial and thrown into prison but this will never silence the Papuan people.

He went on to say that  as the number of Papuans being held behind bars goes on increasing , this will help to alert the international community to get involved in solving the Papuan issue.

‘With all these political prisoners,’ he said, ‘international support will become more positive.’

Sebby said that Forkorus  is a loyal Papuan leader who is very serious about the Papuan struggle. ‘He is doing everything he possibly can to bring an end to our sufferings,’ His attitude was very clear from the remarks he made after the verdict was announced. ‘We were pleased with the verdict and our struggle will continue,’ said Sambom.

Translated by TAPOL

Kontras: court ruling against Forkorus far from human rights principles and spirit of fair trial

The court ruling against Forkorus CS
Still Far from the human rights principles and the spirit of fair trial

The Commission for the Disappeared and victims of violence (KontraS) has regretted over the verdict of the judges in the District Court of Jayapura, West Papua, which sentenced Forkorus Yaboisembut, S. Pd, Edison Kladeus Waromi and three others, Dominikus Surabut, August M. Sananai Kraar dan Selpius Bobii in jail for 3 years on 16th March 2012. Despite each of the sentence is lighter than indictment of the prosecutor for five years in jail, it is still far from the principle of a fair trial and not socializing with the idea to build a Peaceful Papua through the dialogue.

Indonesia, as a democratic country and adopted a number of international instruments for human rights, the government is suppose to solve the problems in Papua more wisely, in the particular case of the verdict of the treason charged to Forkorus Cs. The court is not supposed to be conducted as there is another way around which will more effective and dignified based on the human rights instruments such as through the dialogue that will socialize the case so far.

The treason charged to Forkorus Cs, in fact, is considered too extreme as no one has used violence or violates any of the national rules and regulations during the congress of Papuan People III that held in 17 to 19 October 2012. What Forkorus Cs has conducted is a part of freedom of expression in peaceful manner which stated in Universal Declaration on Human rights article 19, Civil and political rights convention article 19 and 20, and also in other international rules and regulations. From the view of the domestic regulation framework, the guaranty of the freedom of expression is also stated in national regulations such as in 1945 Constitution, Law no 39 in 1999 and Law no 12 in 2005 that related to human rights which ratified in civil and political rights covenant. It is stated by defendants’ lawyers under their defence which is known as Bring democracy to the court and struggling peace for Papuan People.

Based on the result of the investigation and monitoring of the national human rights commission, the allegation of human rights abuses were committed by the security forces (police and military), in the forms of excessive force, violence, torture and other cruel treatments. However, the fact-finding mission was never followed up by the legal basis either by the police or national human rights commission.
By observing the sentences read by the panel judges which consisted of Jack Johanis Octavianus, SH as chief justice and four other members of judge, I Ketut Nyoman Swarta, SH.MH, George Mambrasar, SH.MH, Orpa Martina, SH, Willem Marco, it has raised a number of problematic notes that need to be questioned based on the information collected by the coalition of civil society organizations, which dedicated to enforce the law and human rights in Papua such as:

Firstly, the sentence of the panel judges show inconsistency in case of dealing with evidences related to the treason. The judges argued that the defendants have convincing and legally proven by law related to the articles of treason and proven to conduct an experiment.
Secondly, no credible witnesses have been brought to the court. While only one witness who comes from the society, seven other witnesses are coming from the police who did not see directly what happened in the field. So, of course they against the defendants and moreover, another five witnesses who come from the society also against defendants too during their testimonies of the court hearing. Those five people who testified in the court are also the participants of the demonstration that arrested and violated by the police during the process of interrogation. Their witnesses are not supposed to be in any consideration during the hearing.

Thirdly, during the hearing, the judges were able to present only one evidence or banner, while there have to be mentioned 69 evidences that the sentence referred to.

Fourthly, Gustav Kawer, one of the lawyers was criminalized because he was assessed as person who disturb the hearing.
KontraS supported the measurement taking by the lawyer who would file an appeal over the judgement since the hearing is not matching with the human rights principle and fair trial. She has submitted questions to the government regarding its commitments to solve problems in Papua through peace process, considering that the way which the government criminalized and implemented the article of treason would make the peace discourse further in Papua. The agenda to push the peace process in Papua is supposed to be fitted within the policy conducted by the government such as to stop the implementation of treason articles indiscriminately and to free from arbitrary arrest to who have not committed any violence or violation during the demonstration.

Jakarta, 16 Maret 2012
Badan Pekerja,

Indria Fernida
Wakil Koordinator

Contact Person: 08161466341 (Indria Fernida)