Tag: Rebellion/Subversion charges

Violent Tactics Backfire In Papua

1 Nov 2011

By Alex Rayfield

waiting

The tough response of the Indonesia armed forces to the Third Papuan People’s congress has strengthened calls for freedom. NM’s West Papua correspondent Alex Rayfield reviews the fallout

If the Indonesian police and military thought shooting live ammunition into a mass gathering of unarmed Papuans would somehow dampen dissent and endear them to Jakarta’s continued rule, they were mistaken. Indiscriminate repression meted out against those gathered at the Third Papuan People’s congress is showing signs of having the opposite effect: widening the circle of dissent inside West Papua and igniting international support outside.

First the Indonesian military and police denied they shot dead peaceful protesters. But that was too difficult to sustain. New Matilda received text messages as soon as the shooting started which were followed by urgent phone calls. Gunfire could be heard in the background.

When it became clear that covering up the shooting would not wash, the Indonesian Chief of Army in West Papua, Erfi Triassunu, admitted opening fire but claimed his troops only fired warning shots. He insisted no one had been hurt. Some of the international media bought the story. With foreign journalists banned from West Papua, some media outlets went to the police and military for confirmation. This is in spite of the fact that West Papua Media, with their extensive network of citizen journalists and local stringers, broke the story, verified it and began filing reports about what happened within a few hours.

A few hours after the shooting, the Indonesian police in West Papua were telling journalists in Jakarta that an attempted coup d’état had taken place and that police had used force to defend the state. The Jayapura Chief of Police, Imam Setiawan, even went as far as saying that members of the Papuan Liberation Army had attacked the Congress.

Setiawan took this line again on Thursday 20 October. In an interview with Bintang Papua, a local Papuan daily, he outlined how he thought police should respond to a gathering of unarmed Papuans expressing their political opinion: “Whoever supports separatism or subversion activity, I will do the same as yesterday. I’ll finish them.”

The language used by Setiawan echoed hard-line nationalists in Jakarta. It follows a deadly trajectory. Cast the Papuans in the worst possible light. Label them as “separatists” — which in Indonesia is the worst kind of criminal, someone who is treasonous, dangerous and violent. From here it was only a short step to imply that those at the Third People’s Congress were using violence to try and seize control of the state. This narrative makes it sound like the police and military were taking evasive action to stop the Papuans storming the Bastille of Indonesian rule. This is pure fantasy.

Initially it was reported that police and the military raided the stage after Forkorus Yaboisembut and Edison Waromi (appointed as President and Prime Minister of the Federal State of West Papua respectively) declared independence. We now know that the attack did not happen until well after the three-day gathering had finished.

After the Declaration of Independence was read around 2.00pm local time, the Congress concluded. The leadership — Yaboisembut, Waromi, Dominikus Surabut, Helena Matuan and a few others left the field to rest in the nearby Sang Surya Catholic Friary in the grounds of the Fajar Timur Theological College where the Congress was being held. Those remaining on Taboria oval (Zaccheus Field) danced the Yospan, a traditional Papuan group dance.

The festivities continued for around 60-90 minutes. We don’t know exactly what the police, military and Brimob soldiers were doing between the time the Declaration was read out and the time the shooting started. Presumably they were discussing what to do. Most likely they consulted commanding officers locally and in Jakarta.

According to Yan Christian Waranussy, a prominent Papuan human rights lawyer, members of the security forces under the command of Police Chief Imam Setiawan arrested Edison Waromi as he drove out of the Fajar Timur grounds on Yakonde Street. Waranussy reports that the police pulled people out of the vehicle and started beating them before pushing them into a police van. Following the arrest of Waromi, Waranussy says the security forces starting firing their weapons into the crowd.

This occurred at around 3.30pm. One of the first killed was 25-year-old Daniel Kadepa, a student at Umel Mandiri Law School. According to those who knew him, Kapeda did not even attend the Congress. He was passing by when the security forces opened fire. Witnesses said that he died from gunshot wounds to the head and back after soldiers fired on him as he was running away.

Video footage obtained by EngageMedia and published by New Matilda shows people hiding in nearby buildings just after the police and military opened fire. In the background you can hear shooting. This is not automatic gunfire. They are single shots. Then there is a pause, followed by more shots. It is as if the shooter is walking around picking people off. There is very little background noise. No screaming or yelling, just an eerie silence … and gunshots.

According to Catholic clergy who witnessed the event, the police, Indonesian military and the the paramilitary Mobile Police Brigade continued discharging their weapons for approximately 25 minutes.

Eyewitnesses report that when the shooting started, Yaboisembut and Surabut were talking and relaxing in the Sang Surya Friary, a few metres from the oval. Then bullets smashed through the window. According to statements obtained by New Matilda people immediately hit the ground and began crawling to safety as the police indiscriminately fired live ammunition and canisters of tear gas into the buildings surrounding the oval.

According to statements obtained by New Matilda, police, military and Brimob personnel ransacked student dormitories, clergy residences and offices. One witness reported an Indonesian security officer yelling “Where are those idiot priests? Why do priests hide criminals?”

Those present also reported security personal using combat knives or bayonets and beating people with truncheons and rifles. At least 300 people were arrested and taken away in army and police trucks where they were detained overnight in the tennis courts at the police station.

We now know that three people were shot dead that day. They are Daniel Kapeda, Max Asa Yeuw, and Yakobus Samansabra. Two others, Matias Maidepa and Yacop Sabonsaba, were allegedly found dead behind the military headquarters in Abepura. According to the Indonesian military sources quoted in the local Papuan press, the victims had been stabbed. In addition, members of the Organising Committee of the Third Papuan Congress allege four other people died, all from gunshot wounds, two from Sorong and two from Wamena.

Six people are still in detention charged with rebellion. According to family members they have all been badly beaten. According to Human Rights Watch and KONTRAS Indonesia (the Commission for the Disappeared and Victims of Violence) those still in detention are:

• Forkorus Yaboisembut, chairman of the Papua Customary Council, probably the most prominent pro-independence leader in Papua. When New Matilda interviewed him in West Papua in 2010 and again in 2011 he was regularly receiving death threats. A few people had even come forward and told the local press that they were offered new motorbikes and other inducements if they would help orchestrate a fatal “accident”.

• Edison Waromi, president of the West Papua National Authority. Edison Waromi’s daughter, Yane, was kidnapped and assaulted by the security forces in 2008.

• Dominikus Surabut, secretary of the Papuan Customary Council in La Pago region.

• Selpius Bobii, a social media activist, who organised the Papuan Congress. He initially eluded the police crackdown, but surrendered to police on October 20, accompanied by his lawyers and a Papuan journalist.

• August M. Sananay of the West Papua National Authority.

• Gat Wanda, a member of PETAPA (Defenders of the Land of Papua, an unarmed civilian defence group), charged with possessing a sharp weapon.

It will take some time before the immediate effect of the repression is made clear, but early signs suggest the use of extreme and deadly violence against nonviolent activists has enlarged the circle of dissent inside West Papua and ignited international support outside.

Certainly Church leaders — both Catholic and Protestant — have expressed their outrage. Neles Tebay, a key Papuan intellectual, defended the role of clergy who provided humanitarian protection for those seeking safety. Tebay, who also gave permission for the Committee to hold the Congress in the Theological College grounds, was quoted as saying that he “rejects the use of all kinds of repression in dealing with the problems. Using violence undermines the dignity of all concerned, above all the dignity of the victims as well as the perpetrators.”

Tebay has repeated his call “for all people of goodwill to jointly press for dialogue, for the sake of peace in Papua”.

Political representatives of the Papuan Provincial Parliament, a group that until now has sided with the government on matters of national security, expressed their dismay. Bintang Papua reported that Yan Mandenas, chairman of the Pikiran Rakyat Group in the Provincial Parliament said “the actions of the security forces in dispersing the Congress exceeded all bounds and … were in violation of the law”.

Similar views were expressed by Ruben Magay, chairman of Commission A on Politics and Law of the Provincial Parliament who reportedly urged the chief of police to withdraw his men because the Congress was already over. Magay said that what happened was clearly “a violation” and that “no one was fighting back”.

And while a large group of hard-line nationalists in Jakarta applauded or condoned police and military action, Effendy Choirie and Lily Chadidjah Wahid, both members of House of Representatives Commission I on information, defense and foreign affairs in Jakarta, warned the government that the mounting tension could lead to the province’s separation from Indonesia. In a clear rebuke of Papuan Police Chief Imam Setiawan, the two legislators added “that the government should not blame the Free Papua Movement (OPM) for the shooting but rather the security personnel in Papua”.

Internationally, things have gotten much worse for Jakarta.

United States Congressman Faleomavaega Eni Hunkin condemned the actions of the security forces. So too has Senator Richard Di Natale from the Australian Greens who has urged the Australian Government to suspend military ties with Indonesia. MP Catherine Delahunty from New Zealand has also called for the New Zealand Government to withdraw its training support for the Indonesian police. This is more than words. The United States, Australian and New Zealand Government all provide money, training and material aid to the Indonesian police and military. In this sense we are beginning to see the early signs of what could become an international withdrawal of legitimacy for continued Indonesian repression in West Papua.

Papuan calls for UN intervention won’t happen, at least not in the foreseeable future. And the movement internally still faces serious challenges. But the Congress, the Declaration of Independence and the subsequent shooting has realigned the political landscape. There are now three main political groups, the Congress, the Papuan Peace Network led by Neles Tebay who is calling for dialogue, and the West Papua National Committee who want the giant US/Australian Freeport Mine closed and a referendum on West Papua’s political status. At a fundamental level there is not a lot of difference between these positions. They all point to the need for a political solution to the Pacific’s longest running conflict.

The Indonesian political elite and security forces can no longer pretend that the problem in Papua is economic. Papuans want political freedoms. The Congress made that abundantly clear. It opened with raising the banned Morning Star flag and singing the banned West Papuan national anthem, Hai Tanah Ku, and closed with a Declaration of Independence.

And it wasn’t as if the military or police was unaware of this depth of feeling. When an open peace conference organised by the Papua Peace Network was held in Jayapura last July, Erfi Triassunu, the local Army Chief, took the podium. In attendance were 800 respected Papuan civil society leaders. Triassunu tried to get the audience — who were mostly Papuan — to chant “peace!” in response to his “Papua!”. But as soon as he called out “Papua!” the crowd responded as one with “Merdeka!” (freedom).

Now the Papuans’ cry for freedom is echoing around the world. And it is the Indonesian police, military and their nationalist political allies in Jakarta who are helping amplify it.

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Forkorus and colleagues must be treated fairly, says Komnas HAM

Bintang Papua 26 October 2011Komnas HAM, the National Commission for Human Rights, has urged the police in Papua to respect the rights of the six persons who were arrested following the Third Papuan People’s Congress. The six include Forkorus Yaboisembut, chairman of the Papuan Customary  Council and Edison Waromi, a well-known human rights activist.  RA Ongge, speaking on behalf of the Commission, said they had also called for the release of all the civilians who were arrested by the security forces and the immediate return of possessions that had been seized at the time of their arrest. The police subsequently returned the possessions that had been seized.

Following the creation of a special team to deal with the arrests, Ongge said that they had visited the homes of Daniel Kadepa, Max Sasay and Yacob Samonsabra who had also been arrested, in order to gather information about the killings and other acts of violence that followed the end of the Papuan Congress..The victims said they had been badly treated  for two hours after the end of the Congress.

Forkorus who was able to meet members of Komnas HAM said: ‘As I was being arrested I was beaten and forcibly pushed onto a Baracuda. There was no way I  could resist as the police struck me in the back with their weapons,’ he said, while showing marks on his body. Members of Kontras, Commission for the Disappeared and Victims of Violence were also witnesses to what happened to Forkorus.

Haris Azhar of Kontras  said that the violence against the men who were arrested was a case of gross human rights violations. These acts of violence by members of the security forces against civilians, acting on behalf of the state and using facilities such a vehicles which were state property  could be defined as gross human rights violations.

Members of Komnas HAM also visited other participants at the Congress who had also been taken into custody when many strange things had happened, including the discovery of people who had been killed . These matters have been raised with the chief of police. ‘None of these people offered any resistance when they were arrested,’ said Ridah Saleh of Komnas HAM.

Several sernior officials from Komnas HAM in Jakarta arrived in Jayapura to assist their local team and have met with members of the police force, as an indication of the seriousness with which the events following the Papuan Congress are seen in Jakarta.

Haris Azhar said:  ‘We regard this as an example of the appalling treatment of Papuans by the security forces , an example of their discrimination and suppression.’

Selpius Bobii, a member of the organising committee of the Congress, also told journalists  said none of those arrested were responsible for anything as it was he himself who as chairman of the Congress committee who accepts responsibility for everything that happened during the congress.

Meanwhile, a spokesman for the police told journalists that the police were now in the process of investigating the case and were currently interrogating a number of people as well as some witnesses who were on duty with the security forces at the time.

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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)

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AMNESTY INTERNATIONAL WELCOMES RELEASE OF PAPUAN STUDENTS IN MANOKWARI

AMNESTY INTERNATIONAL PUBLIC STATEMENT

 30 September 2011

Index: ASA 21/ 029 /2011

Amnesty International welcomes the decision of the Manokwari District Court on 27 September 2011 to acquit four of the five students arrested in Manokwari, West Papua province, for their involvement in a peaceful protest. The organization hopes that the court’s decision is an indication of greater respect for freedom of expression and peaceful assembly in the province and calls on the Indonesian authorities to immediately and unconditionally release all other prisoners of conscience in Indonesia.

The students were arrested on 14 December 2010 with two other activists while taking part in a peaceful march and ceremony in Manokwari, West Papua province, protesting against injustice and human rights violations by the Indonesian security forces against Papuans. During the ceremony the “14 Star Flag”, a symbol of West Melanesian independence, was raised.

Police then arrested seven people: Melkianus Bleskadit; Daniel Yenu, a priest; and five students – Jhon Wilson Wader, Penehas Serongon, Yance Sekenyap, Alex Duwiri and Jhon Raweyai. All seven were charged with “rebellion” under Article 106 of the Indonesian Criminal Code which carries a maximum sentence of life imprisonment, and with “incitement” under Article 160.

On 18 August 2011 the Manokwari District Court sentenced Melkianus Bleskadit to two years’ imprisonment while Daniel Yenu was sentenced to seven months and 16 days’ imprisonment on 23 August 2011 and has now been released. Four of the students were acquitted and released on 27 September 2011; however the fifth student, Jhon Rawayei, was found guilty of “rebellion” and sentenced to nine months and 17 days’ imprisonment. He is due to be released soon as he has spent more than nine months in detention.

Amnesty International is aware of at least 90 political activists in the provinces of Papua and Maluku who have been imprisoned solely for their peaceful political activities. Amnesty International considers them to be prisoners of conscience, and calls for their immediate and unconditional release.

The International Covenant on Civil and Political Rights (ICCPR), to which Indonesia is a state party, and the Indonesian Constitution guarantee the rights to freedom of expression, opinion, association and peaceful assembly. While the Indonesian government has the duty and the right to maintain public order, it must ensure that any restrictions to freedoms of expression and peaceful assembly are no more than is permitted under international human rights law.

Amnesty International takes no position whatsoever on the political status of any province of Indonesia, including calls for independence. However the organization believes that the right to freedom of expression includes the right to peacefully advocate referendums, independence or any other political solutions that do not involve incitement to discrimination, hostility or violence.

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Four Papuan students acquitted of makar charges in Manokwari

From Tapol

Four Papuan students acquitted of makar charges

According to report received today from the defence team of five Papuan students from UNIPA university, four of the five men have been acquitted by a court in Manokwari and will be released immediately.

They had faced the charge of makar – subversion – in connection with
their involvement in an event to mark the anniversary of the
proclamation of the Independence of the Republic of West Melanesia on
14 December last year.

The four acquitted men are Alex Duwiri, John Wilson Wader, Penehas
Serongan and Yance Sekeyab.

The fifth student, John Raweyai, who had jumped onto the platform to
speak on the issue was found guilty and sentenced to nine months, with
deduction for the time already served in detention.

Yan Christian Warinussy, a member of the defence team, described the
acquittal as a courageous decision by the panel of judges. He said that the men were the victims of mistaken arrest and investigation by the police who took them into custody.

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