Tag Archives: tapols

YCW: Will Nekenem and his colleagues be given clemency?

From Yan Christian Warinussy, Executive-Director of LP3BH

12 July 2015

On May 20th this year, a group young people, students and activists from the National Committee of West Papua (KNPB) took part in a peaceful action during which several people delivered speeches. However, the group was dispersed by the local security forces, the Manokwari police.

Following this action, about one hundred activists were taken away by members of the police force and Brimob who had arrived there in several trucks and who drove them to the headquarters of Brimob.

Four days later, four of those who had taken part in the action
were arrested, Alexander Nekenem, Yoram Magai, Mikael Aso and Narko Murib, for allegedly committing a crime as well as being accused of incitement, as provided for in Articles 160 and 55 of the Criminal Code.

The article reads as follows: ‘Whosoever, in public or in writing
is involved in incitement, or is involved in an act of violence
against the authorities … shall be taken into custody and sentenced to up to six years or ordered to pay a fine of up to one thousand, five hundred rupiahs.’

It would appear that these four people had been taken into custody because of their involvement in a peaceful action on May 20th and for being connected with the United Liberation Movement for West Papua (ULMWP).

It should be noted that during the meeting of the MSG (Melanesian
Spearhead Group) which took place on 25th and 26th June, the ULMWP was accepted by the Melanesian Spearhead Group (MSG) as an observer.

Indonesia was also accepted as an observer. The Papuans were accepted as associate members from five provinces, Papua, West Papua, Maluku, North Maluku and East Nusa Tenggara.

From now on, the ULMWP will always be invited to attend meetings
convened by the MSG.

So surely we should ask, who is it who has acted in violation of
the law? Was it Alexander and his colleagues who responded to the move to recognise the ULMWP as an organisation which has unified the indigenous people of West Papua and will become a permanent member of the MSG?

As a lawyer and Defender of Basic Human Rights, I would like to point out that the ULMWP has been officially accepted as a member of the MSG, an organisation that was set up to unify the struggle of three initiating organisations, namely the National Parliament of West Papua, the Federal Republic of West Papua and the West Papua Coalition for Liberation in December 2014 in Vanuatu.

On 3 July 2015, Abnel Hegemur and his colleagues were organising a joint service at the Secretariat of the ULMWP to celebrate the fact that they had been accepted as observer members of the MSG at a meeting in Honiara, the Republic of the Solomon Island States held from 18-26 June 2015 in Honiara.

They were subsequently arrested and taken to the headquarters of
the police command in Fak Fak and questioned, after which they were accused of having committed an act of subversion as stipulated in Articles 108 and 110 of the Criminal Code. This was subsequently changed to Article 510, according to which anyone who organises an event to march together in a public area may be charged.

Does this mean that any Christian or Indigenous Papuan who wishes
to hold a service must first obtain a permit from the police? If so, what about the guarantee regarding joint ventures stipulated in the 1945 Constitution.

This would suggest that all judges in the Land of Papua should pay close attention to such matters as this, when anything is organised by Indigenous Papuan People. And what about the decision of the President of the Republic of Indonesia, Ir. H. Joko Widido who recently granted clemency to five political prisoners who were being held at the prison in Abepura-Jayapura. as well as the intention to free almost one hundred political prisoners being held in various prisons in the provinces of West Papua, Papua and Maluku?

Surely this would mean that Alexander Nekemen, Michael Aso, Yoram Magai and Narko Murib should also be granted clemency by President Jokowi.  Or they should be granted abolition in accordance with the commitment of President Jokowi, as a move to resolve once and for all the problems in the Land of Papua and turn it into a Land of Peace.

Peace!

Yan Christian Warrinusy is the Executive Director of the LP3BH – Institute for Research, Analysis and Development for Legal Aid, and recipient of the John Humphrey Freedom Award in Canada in 2005.

Translated by Carmel Budiardjo

Papuans Behind Bars October 2014: ‘Bloody Yotefa’: police turn a blind eye to violence against indigenous Papuans

From our partners at Papuans Behind Bars, with additional reporting from West Papua Media and JPIC

17 November 2014

At the end of October 2014, there were at least 69 political prisoners in
Papuan gaols.

At least 46 members of the West Papua National Committee (Komite Nasional Papua Barat, KNPB) were arrested in Jayapura and Merauke this month for participating in peaceful demonstrations. The demonstrators were urging the Indonesian government to release two French journalists who faced trial for breaching immigration rules.

In likely reference to the Social Organisations Law (RUU Organisasi Kemasyarakatan, RUU Ormas), police claimed during the mass arrests that the KNPB is an illegal organisation as it is not registered with the Department of National Unity and Politics (Kesatuan Bangsa dan Politik, Kesbangpol) and affiliated symbols or attributes are also therefore illegal. Last June, police conducted a mass arrest in Boven Digoel under the same auspices.  Indonesian human rights group Imparsial challenged the shutting down of peaceful demonstrations in Jayapura and Merauke, stating that freedom of expression in Papua is the worst in Indonesia, particularly when it comes to the treatment of KNPB rallies. The criminalisation of peaceful demonstrations, often under the auspices of the Ormas Law, restricts democratic space and stigmatises Papuan civil society groups.

On 27 October, two French journalists, Thomas Dandois and Valentine
Bourrat, were released after 11 weeks in detention. However, Lanny Jaya
tribal leader Areki Wanimbo, who was arrested alongside the pair, still
faces charges of conspiracy to commit treason. Lawyers from the Democracy Alliance for Papua (Aliansi Demokrasi untuk Papua, ALDP) have stated that the legal process for Wanimbo has been fraught with irregularities and that his case has been handled unprofessionally. Wanimbo faces charges different to those he was first accused of, and unsuitable evidence was used to build a case against him. The decision to impose a two-and-a-half-month prison sentence on the two journalists instead of acquitting them was a harsh blow for the campaign to open access to Papua. As noted by Human Rights Watch researcher Andreas Harsono, foreign journalists face a complex system of applying for visas to Papua, which requires the approval of 18 different government agencies – a process that severely restricts journalistic access. It remains to be seen whether Indonesian president Joko Widodo will make good on his promise of opening access to Papua.

Bloody Yotefa

In our July update we raised concerns regarding an incident which has come to be known as ‘Bloody Yotefa,’ that took place on 2 July at Yotefa market in Abepura. Early reports stated that three Papuan men were killed following a police raid on a gambling den at Yotefa market.  At least four Papuan men from the Central Highlands were tortured and 40 people arrested according to a Report from the Justice, Peace and Integrity of Creation Desk (Keadilan, Perdamaian dan Keutuhan Ciptaan, KPKC) of the Evangelical Christian Church (Gereja Kristen Injili, GKI). Following the raid on the market, police arrested and handed over two Papuans, including a 14-year-old boy, to a mob of non-indigenous Papuans who publicly tortured and beat them while police stood by, later continuing the job themselves at Bhayangkara Police Hospital. While police beatings, torture and killings of indigenous Papuans are not new phenomena, the public involvement of non-indigenous mobs to achieve this is a particular low point.

Bloody Yotefa challenges the government perspective that torture and killings are carried out by a rogue police in isolated cells, showing instead that these arbitrary violations are becoming social events in which the non-indigenous community can participate. This dynamic
perpetuates a culture of fear and domination in which indigenous Papuans are exposed to constant risk of public violence, even in traditionally ‘safe’ spaces such as hospitals and university campuses. Police discrimination and profiling of indigenous Papuans, especially those who come from the Central Highlands, makes them still more vulnerable to public torture, violence and arbitrary arrest.

You can read the full update here:
http://www.papuansbehindbars.org/?p=3252

Papuans Behind Bars team

War of Nerves between Papuan Governor and Papuan Political Prisoners

OPINION* / ANALYSIS

By: Selpius Bobii

Abepura State Prison, 19 August 2013

This was the first time the Governor of Papua had visited the Abepura State Prison. The Governor Lukas Enembe together with the Provincial Secretary, the Chairperson of the Papuan People’s Consultative Assembly, the Implementation Officer of the Chairperson of the Papuan Legislative Assembly, the Territorial Military Commander (of XVII Cenderawasih) and a high-ranking officer from the Police Headquarters in Papua, together visited the Abepura Indonesian State prison on 17 August 2013. The stated aim of the visit being to represent the National Indonesian Government in reading out the giving of remission to the political prisoners and to read the speech from the national Minister for Law and Human Rights.

However there was also another hidden agenda for their visit and that became apparent once the Governor commenced his address inside the prison.  On Enembe asking the prison warden how many political prisoners were there who had been charged with treason and hearing there were ten, he then questioned the prisoners “What is it that you who have committed treason are looking for?  Stop your struggle. We will achieve freedom in prosperity. In the very near future the Government will pass the Regulations for Governance in Papua and once that occurs we will already have our independence within the Republic of Indonesia and I will be the president. So don’t cry out anymore for independence for Papua.”

Only one political detainee attended the ceremony for the giving of remission, whilst the remaining 25 Papuan political detainees chose not to attend but rather to stay in their cells to avoid the hidden agenda of the Governor and his entourage. However because the Governor used loud amplification to give his address, so all the political detainees could not avoid hearing his words despite their choosing not to attend the ceremony.  The Governor stated “I have many family members who have died because they have spoken about independence for Papua, whilst others have fled to PNG, Manokwari and in all directions. Since I was small people have always said ‘Tomorrow we will have freedom!’  But where are the results? Now I have become governor.”

Several political detainees including Victor Yeimo and a number of others in the same cell block raised their voices from their cells to assert their protest against Enembe’s statement in the middle of his address. Police Officers, plain-clothed Indonesian military (TNI) and prison officers quickly moved to deal with the few vocal detainees. However the Governor who heard the detainees’ voices of protest instructed  “Let them yell back there.”  One of the officers present said he would deal with them later.

Following the ceremony the Governor and his entourage moved towards a cell block occupied by several well-known Papuan Freedom Political Detainees. Filep J.S. Karma was suddenly met by the Governor and his entourage, so he was forced to receive their visit even though he had no prior intention of speaking with them. Filep Karma stated “It’s impossible for the people of Papua to unite with the people of Indonesia as until now the majority of Indonesians consider Papuans to be half animal. I myself also experienced that whilst studying higher education in Java. Recently when I was taken to Jakarta for medical treatment I asked friends there whether attitudes towards Papuans had changed, however they responded there had been no change at all in attitudes towards Papuans and that Indonesians continued to regard Papuans as similar to human monkeys”. Filep Karma went on to say “So many Papuans have become victims because of the Papuan Struggle for Freedom and we also are imprisoned for that same Struggle. Therefore we reject the offer of clemency from the President of Indonesia.  Thank you for your efforts Governor however we political detainees cannot accept the clemency offered.”  Governor Enembe merely responded with “Very well.”

Victor Yeimo was also in the same block with Filep Karma and stated “I am Victor Yeimo, the Chairperson of the West Papuan National Committee (KNPB), and I tell you that the time will come when Papua will get independence. So please don’t offend us by making statements that Papua will not get independence.” He continued “Go ahead Governor and guard your position, but our commitment is due to our old people suffering back in the villages. Suffering not because of welfare needs or some similar problem, but because Papua must be independent.” Governor Enembe responded “I also was previously part of the struggle for ten years, but my work now is to develop Papua and to make the community prosperous. I have been shot and orally abused also and I live with that, but I have recently come out from that and am now governor.”

At the moment the Governor and his entourage started to leave the area the Writer left his cell and approached them introducing himself as the Chairperson of the Organising Committee of the3rd National Papuan Congress. Then expressing in a harsh voice “At the Congress we declared Papua to be a state and because of that we are here in prison. Tell President SBY that the nation of Papua is ready to negotiate. Also tell him that the nation of Papua firmly rejects Special Autonomy Plus and the Regulations for Papuan Governance. Furthermore we as Papuan political detainees reject the giving of clemency in whatever form that may take. We have been imprisoned not because we struggle for food and drink or because we are chasing some position in government. So many Papuans from the 1960’s until now have been sacrificed, not because they were chasing food and drink or positions of influence but for full independence (of Papua).”

Governor Enembe replied “I also previously lived with the Struggle but no longer, as my work is now to address welfare needs of the people of Papua. You have been a long time in the city but I have only recently come from the mountains.” To which the Writer in a harsh tone responded “Sir coming here from the mountains is not to save the people of Papua, but rather to shatter that which is your way of stating that we will achieve our freedom whilst within the Republic of Indonesia; and that we will achieve freedom through prosperity. Stop saying that! The people of Papua struggle for full sovereignty!”  With the conversation closed the Governor’s entourage wanted to shake hands but the Writer refused and withdrew to return to his cell.  However the Territorial Military Commander and the head of the regional Department of Law and Human Rights Demianus Rumbiak together with a guard, followed the Writer from behind. They still wanted to shake hands so the Writer stated to the Territorial Military Commander “I’m sorry I cannot shake hands with you. We are fellow human beings yes but in terms of political ideology you and I are enemies”. The Writer then shook only the hand of the head of the regional Department of Law and Human Rights. The Governor and his entourage then left.

It is ironic that since that visit the political detainees in Abepura prison have been informed by family members that certain persons have been spreading stories that at the time of the Governor’s visit the Political Detainees chased the Governor with blocks of wood until the Governor was forced to leave the prison. That is but a story created by the Indonesian forces or perhaps Indonesian National Intelligence. The truth is that what really happened that day was a war of nerves between the Governor and several Papuan Freedom Political Detainees at the Abepura State Prison.

Lukas Enembe is showing himself to be very different from previous Papuan governors. He is the most arrogant and seems to really dislike the movement of the Papuan Freedom Struggle. On a number of occasions he has openly asked Papuans who are part of the Struggle to give up and instead work to develop Papua within the Republic of Indonesia and to find freedom in prosperity. He has even asked the OPM/TPN who have for many years endured in the remote forests to give up the Struggle; and now he asks the political detainees. This really touches on some very deep old wounds for the people of Papuan who for more than 50 years have constantly struggled and their people been sacrificed again and again, losing  thousands of their people killed by both overt and covert means in the long struggle for freedom. Enembe’s words are deeply hurtful for Papuans.

It’s understood that Lukas Enembe is playing the role of the representative of the National Indonesian Government in the Province of Papua.  However his ways are so unlike that of previous Papuan governors. He is much more confrontational in dealing with those from the Struggle.  It’s clearly evident that one of the tasks that have been entrusted by Jakarta to Lukas Enembe is to ensure Papua remains within Indonesia. Enembe is from the Democrat Party so it’s to be expected that he would implement SBY’s instructions with the latter as the leader of the Party as well as the leader of the Nation and the Indonesian Government. Enembe has clearly been pushed by Jakarta to use this confrontational method but in so doing his statements are most hurtful and indeed deeply saddening coming from a Papuan.

We are aware that several months ago Enembe requested of President SBY that he be provided with security by the police and military for as long as he was carrying out the required task of approaching members of the Papuan Struggle (including both civilians and member of the OPM/TPN in the forests). This was proven once again with Enembe’s visit to the Abepura Prison on which due to his hidden agenda he asked to be escorted by the Territorial Military Commander and a high-ranking officer from the Police Headquarters in Papua.  The Governor is holding hands with TNI and the police not only to try and make a success of Jakarta’s ‘project’ in Papua but also with the hidden intention of indirectly terrorising and intimidating those of the Papuan Freedom movement. However his agenda as he visited the Abepura Prison totally failed, being received with only protest and warnings from a number of the Papuan Freedom Political Detainees. The Political Detainees at that moment had not the slightest fear in conveying the position of the community of the nation of Papua to the Governor together with the Territorial Military Commander and senior ranking officer from the Papuan police headquarters. They were mistaken to think the detainees would be fearful in the presence of the police and TNI leaders escorting Enembe. The political detainees fear only God and the community of the nation of Papua that longs for the sovereignty of the nation of Papua.

The Indonesian Government is really pushing a number of Papuans – both officials and certain members of the community – to confront members of the Papuan Freedom Struggle.  Indonesia is also using certain Papuans by sending them to foreign countries to try and silence any support for the Papuan freedom movement from the international community. So the entire community of the nation of Papua  together with the international community in solidarity, are reminded wherever you may, to be on alert and careful to avoid any approaches that could be political manoeuvres of Indonesia. Manoeuvres aimed at weakening the motivation of the Struggle and at repressing support from the international community in solidarity with the movement for the liberation of the nation of Papua from the colonial domination of Indonesia and its allies.

Let us struggle without ceasing! ‘Salam solidaritas without limits1’

Selpius Bobii,General Chairperson – Front PEPERA West Papua & Papuan Freedom Political Detainee

*OPINION PIECES REPRESENT THE VIEWS OF THE AUTHOR, AND DO NOT NECESSARILY REFLECT THE VIEWS OF WEST PAPUA MEDIA

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.