Tag: Rebellion/Subversion charges

Lawyer calls on judges to release Buchtar after all witnesses fail to appear

 

Bintang Papua,
11 September 2012
Jayapura: Gustaf Kawer, one of the lawyers defending the former chairman of the KNPB – National Committee of West Papua – said that the judges hearing the case of Buchtar Tabuni should have the courage to release the defendant  in the absence of any witnesses to testify against him. The lawyer said this followed the decision yesterday to postpone a further hearing in the trial.He said that from the start, he had commented that the the prosecutor in the case had shown no seriousness in handling the case against Buchtar. This is evident from the fact that none of the witnesses he had wanted to testify at the trial had appeared although several hearings had been held.

‘In the latest instance, the witness Matius Murib was to have appeared but he didn’t appear, even though he is known to be in Jayapura and his home address in known, so why  did he not appear?’

The lawyer   said Matius Murib is known to be well acquainted with the case and the judges should consider that if there is no evidence to prove that Buchter was responsible for damaging the  prison in any way, which was to have been proven by the witnesses all of whom had failed to appear, then the judges should take the bold  step of simply  releasing the man who is now on trial.

The lawyer also spoke about the many shootings  that have been occurring in the city of Jayapura  which have been linked to Buchtar, which was nothing more than a set-up. He said that Buchtar had been linked to the shooting of Miron Wetipo but that case has already been solved, so it was clear that the authorities were trying to make a scapegoat of Buchtar. Buchtar was arrested on 6 June 2012 which was just at the time when some shootings occurred in Jayapura which was followed by the arrest of Buchtar, whereas Buchtar was not in any way connected with those shootings. So instead of being charged with the shootings, he now faces the charge  of inflicting damage on the Abepura Prison in 2010, which means that he should have been arrested in 2010.

At the time, it was said that there were plenty of witnesses and now they were not even able to call Matius Murib as a witness.

The lawyer said that  the panel of judges should postpone further hearings until Matius Murib could be called as his testimony would be crucial for this trial. Gustaf insisted that there were plenty of witnesses who could give testimony regarding the damage inflicted on the prison, yet the prosecutors were not able to  get any of these witnesses to appear.

As is known, the hearing on 10 September was again postponed .

At the hearing held yesterday, the prosecutors were still not able to bring any witnesses to court.who would be able to testify about Buchtar’s alleged damage to the prison. The prosecutors has also been unable to summon Liberty Sitinjak who would have been a key witness  about the incident on 3 December 2010.

The prosecutor announced that Liberty was unable to appear to testify, even though he has been summoned three times. And now, the hearing held on 10 September was also suspended until 13 September while it was being said that Matius Murib, who was formerly and member of the National Human Rights Commission, would also not be able to  appear.

It has now been announced that the hearing that is due to take place on 13 September which was originally intended  to hear testimony from witnesses would now be devoted to questioning the defendant, Buchtar Tabuni.

[Translated by Carmel Budiardjo]

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Lawyer complains of lack of professionalism as Buchtar trial

 

 

JUBI, 10 September 2012The tight security by the police round the courthouse  while the trial of Buchtar Tabuni was  in progress was described as being unprofessional by a member of the legal team of the defendant.

Gustaf Kawer said: ‘The tight security round the courthouse  is a violation of the basic principles  of court practice. This is a public trial which means that anyone can come and attend it.  Excessive security  while the trial is in progress is very unprofessional,’ said Kawer.

Buchtar Tabuni is charged with having caused damage to the Abepura Prison on 3 December. The trial hearing was suspended and the trial will resume on 13 September, because witnesses did not turn up for the hearing as a result of which the lawyers  promised that they would produce the witnesses, said Matius Murib.

The hearing on 13 September will be the last occasion  for the witnesses to appear. The deputy director of the prison is adequate and will not be summoned again after having be summoned to appear three times.

Kawer said that the proceedings were not conducted professionally; the witnesses should have appeared at the appointed time but that did not happen. Furthermore, he said, the judge should behave  independently in the way he chairs the court and should not take sides either with the state or the victim..

At today’s hearing of the Buchtar Tabuni trial, there were forty people from Dalmas and the Jayapura police command, who were fully backed up  by personnel from the Abepura police command, who were headed by the head of the Jayapura police command, Kiki Kurnia.

[Translated by TAPOL]

 

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So, who is the real terrorist? West Papua Responses to Australia, U.S. and Indonesia

Opinion

By Victor F. Yeimo
Chairman of the West Papua National Committee [ KNPB ]

September 9, 2012

(text edited/retranslated by West Papua Media for linguistic clarity)

Last week, Australia, the United States and Indonesia strengthened their economic, political and security ties while the people of West Papua were lamenting their oppression. That’s a sure sign that the practice of colonialism and capitalism will continue in West Papua. We do not know how much more blood will be shed as the people of West Papua will fall victim to the Indonesian military.

The world seems blind and deaf to the repression in West Papua. The world does not care about the Papuan struggle in upholding truth, justice, honesty and humanity. Instead, the world (community seems to be) trampling human values, truth, justice, honesty and all the rules of its international law.  The world only cares about its political and economic interests.

West Papua has become the object of economic transactions and political interests of U.S and Indonesia.  This dirty practice is still applied in the so-called “open era”. The lust of economic and political expansion of the states, without feeling of guilt, continues to increase the suffering of the West Papuans. The people of West Papua are not stupid.

People of West Papua fully understand how colonialism and exploitation scenarios work in this modern century.  Labelling and stigmatisation of indigenous people as terrorists, and then kill and take control of land and its natural resources are the ways that are always used by the colonial countries and capitalists.  Australia, Britain, the U.S. and Indonesia are implementing those ways in West Papua.

The peaceful resistance movement in West Papua is being silenced by the Indonesian military forces.  The space of peace and democracy has closed and Indonesia has opened a space of violence, so that they can easily kill and destroy the West Papuan peoples’ struggle with the stigma of terrorism.  Using that stigma to cement military cooperation between Indonesia, the U.S., Australia and other countries is considered essential.  For them, it is important to kill Papuans and to occupy the land of West Papua.

Violence has been created by rulers who oppress and exploit the people and the land of West Papua.  Terrorism is created for global rulers who have an interest in mastering the fields of exploitation.  Terrorism was created by the colonial rulers who invaded to take control of someone else’s land.  The territory of West Papua is controlled by Indonesia. The people of West Papua were massacred by Indonesia. Military power is funded, supported and trained by Australia, the U.S. and other pro-colonial and capitalist countries.

This is evidenced by the attitude of the Australian government and the presence of three ministers from Australia during the visit of the U.S. Secreatary of State Hillary Clinton to Indonesia while increasing support for the Indonesian defense forces. Meanwhile, thousands more Indonesian troops are being deployed to West Papua, and police in West Papua, led by the former head of Detachment 88 Anti-Terrorism Tito Karnavian, and detectives at the Criminal Investigation Unit of Papua Police are now controlled by members of Detachment 88.
Their goal is only one, to kill all members of the peaceful resistance movement in West Papua, to eliminate the people of West Papua, and to rule the roost on this land for the benefit and prosperity of colonialism and global capitalism.

So, who is the real terrorist?

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Bishop wants Papuans to hold dialogue before any dialogue with Indonesia

Bintang Papua, 20 July, 2012Mgr Leo Laba Ladjar , the Bishop of Jayapura, believes that the Papuan people should hold a dialogue between themselves before entering into dialogue with Indonesia. He acknowledged that this dialogue would be quite difficult. He was speaking during a meeting of all Catholic clerics with representatives of the police force to build a  partnership for security and order in Papua.

He said that Papuan people should sit together and discuss how to promote development in Papua.

Response to KNPB calls

In response to the desire of the KNPB – National Committee of West Papua for all its members to surrender to the police and to call on the Bishop to mediate,  he said that this was quite acceptable  as long as the organisation’s intentions were genuine and it was not simply seeking to meet the Bishop which might cause people to suspect their intentions.

He described the KNPB as an organisation that has rejected all the programmes of the government such as Special Autonomy, UP4B and other things

‘I have the impression that the KNPB refuses to listen to anyone. I would not want to listen to things that they are doing  at a time when they are becoming ever more determined and radical. I dont know how long the KNPB will continue to reject any improvements. Perhaps they are seeking to get something that they have not been able to get so far.’

[COMMENT from Tapol: Perhaps what the Bishop describes as radical is the recent call by the KNPB for a referendum to be held in West Papua.]

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Trial of Buchtar Tabuni postponed

 

JUBI, 23 July 2012

The second hearing in the trial of Buchtar Tabuni did not proceed as planned because a witness who was due to appear failed to turn up,

Buchtar Tabuni is the chairman of the KNPB, the National Committee of West Papua, and is facing charges for having allegedly inflicted damage on the Abepura prison where he is currently being held and for exchanging harsh words with prison warders.

The prosecutor told the court that they intend to summon ten witnesses. The first to be summoned was the  former director of the prison, Liberti Sitnjak who is now the director of a prison in Ambon.  This was the witness who failed to turn up.

Before the hearing was postponed, one of the lawyers of the defendants, Gustaf Kawar, called on the judge to insist that the prosecutor guarantee that witnesses appear as planned and ensure that the next hearing is not postponed. After an exchange between the lawyer and the judge, the hearing was postponed.

The next hearing is due to take place on 26 July.

The defendant is on trial together with Dominggus Pulalo.

The hearing was attended by dozens of members of the KNPB.

[Translated by TAPOL]

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