Tag: Prosecutor

Amnesty Calls for Release of Forkorus and colleagues

Bintang Papua, 8 March 2012Jayapura: Amnesty International has called on the Indonesian Government to release Forkorus and his colleagues. This follows the demand made in court by the prosecutor for the five men to be sentenced to five years.

‘On 5 March, the prosecutor demanded that Forkrus Yaboisembut, Selfius Bobii, Dominikus Sorabut, Edison Waromi and Agust Sananay Kraar be sentenced to five years imprisonment. Amnesty believes that the men were arrested and have been detained simply for exercising their human rights peacefully, in particular their rights to freedom of expression and freedom of assembly,’ said Josep Roy Benedict, member of Amnesty’s team which campaigns for Indonesia and Timor Leste.

Amnesty declared that the five men are ‘prisoners of conscience’ and called for their immediate and unconditional release.

‘Amnesty is also concerned about the lack of progress being made by the Indonesian Government in response to the meeting of Indonesia’s National Commission for Human Rights which stated that abuses of human rights  had been committed by the Indonesian security forces at the time of the Third Papuan Congress on 19 October 2011, whcih resulted in the deaths of three persons and the maltreatment of dozens of participants,’ he said. The five men should be tried in a court that conforms with international standards of justice. In a number of recent internal disciplinary sessions, government officials have only been subjected to administrative sanctions.

He went on to say that the government must repeal or revise all laws that are being used to criminalise freedom of expression, in particular Article 106 of the Criminal Code.

Meanwhile, according to the Prosecutor, his demand for a five-year sentence for Forkorus and the other four is appropriate. He was responding to the views that have been expressed in some circles pointing out that in previous makar cases, the sentences have been higher that five years, even as high as twenty years or life imprisonment.

The Prosecutor Julius D Teuf said  that anyone who has followed the court hearings  will understand that the five defendants were guilty of making certain attempts. ‘Their intention was to establish a new state but they were not successful  because of the actions by the security forces and this is why we think that our demand for the five men is adequate.’

The next hearing of the trial of Forkorus and his colleagues is due to take place on Friday, 9 March.

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Defence lawyer in Forkorus trial to be reported to the police

Bintang Papua, 1 March 2012

As a result of an incident during the 24 February hearing in the trial of Forkorus Yaboisembut, it is possible that a member of the defence team  is to be reported   to the police by the chief prosecutor at the trial.

One of the prosecutors, Julius Teuf, said that the problem is still under discussion at the prosecutor’s office. ‘But after having studying the matter and seeing whether we have strong evidence, it is clear that we will report a member of the defence team, Gustaf Kawar, for inappropriate behaviour during the hearing on 24 February.’

The incident occurred as the defence lawyer was interrogating a witness when there were a number of interruptions from the prosecutors. He therefore shouted to the prosecutor: ‘Cant you use your brain, I am still talking?’

In response, the prosecutor later said: ‘Why did he say such a thing? If I dont have a brain, how is it that I am sitting here as a prosecutor, an employee of the state as part of its legal apparatus?’

For his part, Gustaf Kawar said: ‘It is beyond comprehension that the prosecutor’s team will report me to the police. It is very usual for statements like that to be made during the course of any trial.’ He went on to explain what had happened.

‘The incident occurred while the lawyer was questioning one of the witnesses and the prosecutor kept interrupting me which is why I responding eventually by saying. ‘You should use your brain, I am still speaking so please be patient.’

According to Kawar, the prosecutor was very offended by these words, whereas it often occurs that words are used by either side or by the defendants in the course of a trial, causing tensions. He also said that he had reported the matter to the Indonesian association of jurists, Paradi.

The secretary of the central council of Peradi. Bob Wahyu Wibowo,  said that there was a general understanding  between the chief of police  and the leaders of Peradi, espressing their concern.  These words were said  during the source of the trial of Forkorusa and colleagues and what the lawyer said was all within  the framework of pursuing the defence of his client.’ He also referred to the law on advocates No 18/2003  which states that  a lawyer shall not be charged  for either  a criminal or a civil offence while in the process of performing his professional duties.

Kawar said: ‘I am a lawyer, one of the pillars of law enforcement. Some of us have things to support us during a trial such as the police who carry arms, but we lawyers have nothing. yet as a lawyer we can be arrested and face charges.’

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Forkorus: Independent Papua will come in a matter of days

Bintang Papua, 28 February 2012Jayapura: The trial of Forkorus Yaboisembut which is now under way  in Jayapura has not lessened Papuan calls for Merdeka – independence. On the contrary, people are intensifying their calls for independence and secession from Indonesia. Forkorus is even saying that a free West Papua will come into being in a matter of days. This was clear from the speech he made after the hearing that was held today. They also said prayers together.

As he and others left the courthouse, they burst into song, and Forkorus said in a speech that it would not be long before West Papua would be free and no longer part of Indonesia. The Republic of Indonesia will have to recognise the sovereignty of the Federal Republic of West Papua  and withdraw all its troops from the Land of Papua.

The hearing was held to hear the testimony of more witnesses.  But some of the witnesses did not turn up and the prosecutor asked the permission of the judge to read out their statements, although the five defendants said that this was unacceptable because the witnesses should first be sworn in. Nevertheless, the prosecutor was allowed to read out a statement by one of the witnesses, Hans Makabory, 39 years old, a civil servant who witnessed the events on 19 October, following the end of the Third Papuan Congress.

In the statement, he said that as he went onto the field (where the congress had been held). [See note below.] He stood behind a barrier  and watched the large crowd running round the field. He intended to go home but the pathway to his house had been closed so he returned to the field so as to leave through a gateway from the field. He said that crowd continued to run round the field. Some members of the security forces pushed him back onto the field and then dragged him to police headquarters.

He said that the Congress had agreed to establish the Federal Republic of West Papua which would be a state independent of Indonesia.

A statement by another witness, Linus William  Waprawiri, said that he was standing behind the tent where the congress had been held and heard that the chairman of DAP, Dewan Adat Papua, Forkorus  said that people should not fly the Morning State flag at that moment but should do so on 1 December, the anniversary of the West Papua state, when the flag would be flown everywhere throughout the territory.

The witness said that he supported the Third Papuan Congress and West Papua had won its freedom since 1961, with the support of the Dutch.

Another witness, Bernard Done said in his statement that the Papuan people have the right to self-determination. He said that the Congress had been held to establish the Federal Republic of West Papua and had elected Forkorus as its President.

Th next hearing of the trial will be held on 2 March.

[Note:The original intention was for the Third Papuan Congress to be held at Cenderawasih  University or another building in Jayapura. But the authorities had denied permission for these venues to be used. This despite the fact that permission had been given for the Congress to take place. It had even been agreed that a senior official of Indonesian Department of the Interior would deliver the opening address of the Congress. Having been denied a venue, the Congress organisations decided to hold the Congress in the open air, in a field normally used for sports events.]

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24 Feb Update on Forkorus trial: Testimony from witness

Bintang  Papua, 24 February 2012 

One of the witnesses to appear in the trial, Eliezer Awom told the court that the declaration of establishment of the Federal Republic of West  Papua had come about as a result of pressure from the Papuan people, as had been expressed during the Third Papuan Congress which was held in October last year.

Eliezer Awom was the only one of nine witnesses who were due to testify at the hearing. The other witnesses did not turn up.

Awom reminded the court that the Third Papuan Congress had been attended by around four thousand people.

The witness described the decision that was taken at the conclusion of the Congress and the subsequent arrest of Forkorus, along with a number of other people, including the witness himself. He insisted that the Congress was a manifestation of the wishes of the Papuan people and said that the Congress which had taken place and had been given official permission to take place. He said that the Congress had agreed to the establishment of the Federal Republic of West Papua and had elected Forkorus Yaboisembut as the President of the Federal Republic, along with Edison Waromi as its prime minister.

He described how Forkorus made his statement very public through loudspeakers and that two hours later, the security forces had started shooting the participants  in order to force them to disperse. He described the banners that had been unfurled at the Congress and insisted that they were simply restoring the Federal Republic of West Papua, and that West Papua belongs to the West Papua people.

Around 400 people were taken into custody at the time, many of whom were subjected to maltreatment such as kicks and punches by the security forces.

Forkorus and the other four Papuans who are on trial with him confirmed that what the witness said in court was true.

He said that the declaration should be sent to the United Nations in order for the Federal Republic of West Papua to obtain formal recognition from the international community.

As with previous hearings, security forces were out in force around the courthouse.

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Monitoring of the trial of Forkorus and colleagues

This briefly covers the monitoring of four of the most recent hearings of the trial of Forkorus Yaboisembet and his four colleagues who are facing the charge of subversion – makar – in relation to their attendance at the Papuan Peace Conference 16 – 19 October and the subsequent declaration by Forkorus of the establishment of the Federal Republic of West Papua.Monday 6 February 2012

At this hearing when the defendant’s demurrer was submitted, security forces were out in force along the roads leading to the courthouse and related offices. Armed troops from the police, Brimob and the army were present alongside the courthouse.

The identities of all those wishing to enter the court were checked
.
Solidarity groups held a demonstration with banners declaring support for the Federal Republic of West Papua and waving the Morning Star flag.

Friday, February 10.

Guarding by the security forces from the police and the army continued to be heavy, while all those wishing to attend had their identities checked. Many of those who turned up had to remain outside because the court was already full.

The army and Brimob in nine Brimob trucks were present causing the atmosphere to be very tense.   Army troops bearing weapons set up their own tents  on both sides of the  courthouse while a Brimob unit was stationed on the right of the courthouse. Members of PETAPA (a solidarity group)were also present.

Hearing on Friday 17 February.

Witnesses for the prosecution were expected to give testimony but none of them appeared, as a result of which the prosecutor only presented material evidence.

The hearing was due to commence at 9am but was delayed because one of the defendants, Dominkus Sorabut, was unwell and was taken to hospital by members of the legal team. His condition was said to be not very serious and he was provided with medication. In the afternoon, the defendants returned to the court and the hearing to hear witnesses for the  prosecution was resumed; however, again the witnesses did not appear while 64 items of material evidence were produced and read out at great length by the prosecutor.

Gustaf Kawer, a lawyer for the defendants, objected  to the presentation of material evidence as this was intended to be a hearing to hear witnesses, but the panel of judges nevertheless decided to proceed. The hearing grew tense when Forkorus and his colleagues protested, saying that there was no need for the hearing to continue.

The area outside the courthourse was again packed with members of the security forces.

Hearing on 21 February

Guarding by security forces was even heavier all round the courthouse The reason for the high presence of police officers was that most of the witnesses due to appear were members of the police force. Some of the police were in uniform while others were in plain clothes. Inside the court, the witnesses who testified said either that they knew nothing about the declaration that had been read out by Forkorus or said that they could not remember. They also told the court that they did not know any of the defendants.

One of the witnesses was Alfons Rumbekwan, the secretary of the Majelis Rakyat Papua, but defence lawyer Gustaf Kawar objected to this witness giving testimony because he was an indigenous Papuan and also because of his membership of the Majelis Rakyat Papua.

This hearing was also held to  hear testimony from ordinary Papuans. Five of these witnesses were expected to appear but only one of them appeared. This was Elieser Awom, a 67-year-old Papuan and former political prisoner. He gave evidence regarding the Papuan Peace conference and spoke about the  attack on participants at the conference and the killing of several of the participants. Elieser Awom had himself been arrested and said that he had been tortured by police officers.

Before the hearing concluded Forkorus protested against the prosecutor and the judges, accusing them of using various pretexts  [against the defendants].

On this occasion also, the prosecutor announced that following the hearing on 21 February, they had reported a number of the police officers present at the hearing because of unacceptable behaviour. This announcement was met with disbelief by the defence team because that session had proceeded quite smoothly.

After the members of the defence team returned home, they were told that there were reports that they were likely to be summoned by  the police in order to face charges. If this were to happen, it would been seen as part of a strategy by the prosecutor and the judges to exert pressure on the defence lawyers ahead of the final verdict by the judges.

Meanwhile, at a press conference held by the defendants, they said that they rejected all the statements made by witnesses at the hearing on 21 February as well as at the subsequent hearing.

The next hearing is scheduled to take place on 24 February.

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