Tag: right of free expression

Indonesian police fire shots, tear gas after 100s of Morning Star flags fly at peaceful demo in Manokwari

 

 

By West Papua Media and local sources

October 4, 2012

Over a thousand people who had gathered  in Manokwari on Tuesday (2/10) to demonstrate in support of the independence movement in Papua were attacked  by police who fired tear gas and live ammunition in the air, after hundreds of banned  Morning Star independence flags were unfurled.

The rally, called by the West Papua National Authority (WPNA) under the auspices of the national Federal Republic  of West Papua (NRF-PB), was to show support for an observer mission to the General Assembly of the United Nations in New York by WPNA diplomat Herman Wainggai, and to reject the failed implementation of Special Autonomy (OTSUS) in West Papua.

A pamphlet released by the WPNA Governor Markus Yenu  explained that the rally was to  “address the increase in OTSUS presence and UP4B as a form of “development”, which only extends Papua Political Status by affecting (increasing) marginalization and duping people of Papua, in all aspects of life on the land of Papua.”  It also said that “Papuan People should be sold on (support) the terms of independence and sovereignty (as per the) results at the KRP III (3rd Papuan People’s Congress of 2011).”

The rally was held at Sanggeng sports stadium from about 10 am local time, where about 700 people were joined by a long march of about 300 demonstrators who proceeded towards the town.  Banned Morning Star flags, which were hidden whilst the rally was under guard at Sanggeng stadium, were provocatively unfurled in their hundreds during the march, and police reacted quickly and brutally at 1039 local time.

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West Papua Media stringers at the rally reported that Brimob paramilitary police stormed the gathering, firing their weapons both in the air allegedly with live ammunition and at rally participants with rubber bullets.  Three tear gas canisters were also fired into the crowd to disperse them, and police conducted a baton charge at around 1045am.  Witnesses however claimed that security forces, including soldiers from the Indonesian army (TNI) were firing indiscriminately, however no live gunshot wounds have so far been reported.  However, several live bullet casings were recovered by West Papua Media stringers.

Scores of demonstrators were savagely beaten, with several reportedly seriously injured by Brimob police who were seizing the 150 Morning Star flags.  Several of these included elderly people, who tried to intervene whilst Police were brutally beating a speaker named Zet Tata.  Ibu Pendeta (a Priest’s wife) Mathelda Maniani – one of the rally speakers  – , Ibu  Anis (75 years old), Petu Worabay, Vebi Wanma and Edo Kamesfle were all beaten by police.  Zet Tata reportedly sustained serious injuries but his condition in currently unknown.

3 rally participants remain unaccounted for, though sources on the ground have unverified reports that they were taken by Police, and grave concerns are held by WPNA activists for their safety.  The names of those disappeared are unknown at this stage.

After the brutal intervention by police to seize the Morning Star flags, demonstrators dispersed, but regrouped to hold another long march in defiance of police and close the rally peacefully at 1pm.

westpapuamedia

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Activists threatened with twenty years jail for organising a nonviolent march about media freedom in West Papua

by Alex Rayfield

28 September 2012

Two West Papuan activists currently in police detention in Yapen Island in West Papua are being threatened with twenty years jail by the Indonesian police for organising a nonviolent march in support of the United Nations International Day of Indigenous People which this year celebrated the role of indigenous media.

Edison Kendi (37 years) and Yan Piet Maniamboy (35 years) from the pro-independence group West Papua National Authority were arrested by Indonesian police on 9August 2012.

The activists were leading a march of approximately 350 people in support of the International Day for Indigenous People. Police used force to break up the march. According to witnesses they beat up several Papuans and repeatedly discharged their weapons into the air. Sixteen people were arrested at the scene and a laptop, hard disk, modem, digital camera, documents and three Morning Star flags were later seized by police.

Banner at freedom of expression rally rejecting Indonesian rule in Papua on the International Day for Indigenous People. Photo via Alex Rayfield from West Papua Media stringers in Yapen.

Those arrested were subsequently released except for Edison Kendi and Yan Piet Maniamboy who remained in police custody. A local stringer told West Papua Media and New Matilda that Indonesian police investigators Sudjadi Waluyo and Arip Marinto have charged the two men with rebellion (makar) under section 155 of the Indonesian Criminal Code. Both defendants have been told that the police will seek jail sentences of 20 years each.

The controversial charge of makar has come under intense criticism from Papuan lawyers Yan Christian Warinusy from the Legal Aid Institute in Manokwari and Gustaf Kawer and Olga Hamadi from the Commission for the Disappeared (Kontras Papua). The lawyer argues that the charge of makar has been used as a tool of political repression to deny nonviolent activists their right to free speech. The law actually dates back to Dutch times and was used extensively by the former dictator to repress dissent in Indonesia. Suharto was overthrown by a nonviolent student movement in May 1998 but the law has remained on the statute books. Amnesty International and Human Rights Watch have also called for the makar provisions to be struck from the criminal code and all political pisoners in Papua to be released.

The WPNA march was organised to commemorate the International Day of Indigenous Peoples. Ironically the United Nations theme for this year was to celebrate indigenous media. Yapen is extremely isolated. International media is banned in West Papua and local media is censored. So the very fact that story got out in the first place is testimony to the growing power and skill of indigenous media activists in West Papua.

Kendi and Maniamboy told New Matilda and West Papua Media by text message from their jail cell that they want the international community to help them. “We don’t want Autonomy or to remain with Indonesia. We want to be free! Don’t continue to let us be killed and thrown in jails” they said. WPNA media activist and Governor of Jayapura (under WPNA’s parallel political structure), Marthen Manggaprouw said his organisation wants the Indonesian government to negotiate with the independence movement to resolve the conflict. “The basic rights of indigenous Papuans are not respected in West Papua. There is no democratic space for us Papuans. We are criminalised simply for expressing our opinion” said Manggaprouw.

The men number amongst some 100 West Papuan political prisoners currently languishing in Indonesian jails. Although the Indonesian constitution technically guarantees freedom of speech in reality basic rights are routinely denied to the indigenous Papuan population. Papuans calling for genuine political freedoms are vigorously repressed by Indonesian police and military.

This is the original article to one which appeared in New Matilda

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No witnesses appear at the trial of Buchtar Tabuni

 

 

Bintang Papua
13 September 2012Jayapura: A hearing in the trial of Buchtar Tabuni took place today in the Jayapura district court, without the presence of any witnesses  who might have been able to testify in court in support of the charge that the defendant had damaged Abepura Prison where he was being held.at the time.

One of his team of lawyers, Gustaf Kawer, said that there were a number of people who the prosecutor could have summoned to appear in court during the trial but he had not done anything to call these witnesses

Kawer said this was already clear at the earlier hearing on 10 September when the prosecutor  said that Matius Murib would be called to testify, but at the following hearing,  Murib did not attend as a result of which the presiding judge suspended. the hearing.

At the next hearing, it was the defendant, Buchtar Tabuni who was questioned. The presiding judge, Haris Munandar, asked Buchtar to tell the court  what he had done on 3 December 2010 when the prison was damaged.

Buchtar told the court that he had done everything he possibly could to prevent a crowd of people from inflicting damage in the prison.

‘I shouted to a crowd of people, calling on them not to enter the prison and start damaging it.’

This is the same as what Buchtar Tabuni told the court at the beginning of the trial.

[Translated by Carmel Budiardjo]

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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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