Tag: tapols

Two Papuan tapols with paralysis are waiting for permission to get treatment

JUBI,
30 March 2012

Two Papuan political prisoners who are being held in Biak Prison say that they are  waiting for permission to go to Jayapura for medical treatment.They are both suffering serious medical conditions.

Jefrai Murib said that he and his colleague Apot Lokobal are waiting for information from their lawyers and from the Department of Law and Human Rights  about their transfer to Jayapura for treatment. One of their lawyers, Lativa Anum Siregar told them they would have to wait until after the case of Forkorus and his colleagues has been completed.

[Note: Forkorus and his four co-defendants were sentenced to three years on 16 March 2012. Their lawyers have just announced that the five men are due to lodge an appeal against the sentence on 2 April. No date has yet been set for when the appeal will be heard which is likely to be weeks ahead. This means that these two suffering  tapols are likely to have to wait for at least several weeks if not months before getting the medical attention which they urgently need. According to another of their lawyers,  Olga Hamadi,  they will appeal against the sentence and call for the release of the five prisoners. They will argue that the court failed to prove that the five men were guilty of makar (treason). – Tapol]

As has previously been reported, lawyers at the Forkorus trial  said that none of the witnesses heard in the trial had given testimony about the alleged role they were said to have played; according to KUHAP, the Criminal Procedural Code Article 110 they should be proven to have been involved in a conspiracy.

Furthermore, 69 items of evidence were mentioned at the Forkorus trial, of which only one was presented during the trial, namely a banner.

Forkorus and his four co-defendants are now serving their sentences in Abepura Prison.TAPOL]

Jefrai Murib, one of the ailing tapols said they will have to wait till after the  Forkorus trial has been completed as well as after another of their colleagues, Kimanus has been treated for another ailment.

Jefrai Murib said the right side of his body is completely paralysed because of a stroke. ‘My right hand is also paralysed. Just going to the toilet is very difficult indeed for me..’

His colleague Apot Lokobal  said that he too is waiting for a permit to get medical treatment in Jayapura. He said that his condition is not as bad as that of his colleague Jefrai who is much more seriously ill. He is suffering from the same condition as Jefrai, with the right of his body paralysed.

The two men were arrested and sentenced for their involvement in an assault on an ammunitions dump of Kodim 1702, Wamena. Another twelve tapols were also tried and sentenced in connection with the same incident.

[Abridged in translation by TAPOL]

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Sambom: ‘Imprisonment will never silence Papuans’

JUBI, 19 March 2012
A leading Papuan human rights  activist has said that the Indonesian government will never be able to silence the Papuan struggle by putting Papuans behind bars. On the contrary, he said, it has the reverse effect by making people more determined than ever.

Sebby Sambom made these comments in an interview with JUBI in connection with the three-year sentence given to Forkorus Yaboisembut and his four colleagues last week.

‘Indonesia has neither the power nor the legal means to punish Papuans by silencing them with regard to their aspirations for an Independent Papua,’ he said.

He said that whenever Papuans take action, they are brought before the court and given a prison sentence. This is the way the government behaves which is simply unacceptable. Even though Papuans have done nothing wrong, they are thrown into prison.’

He said that any Papuan who takes action faces the prospect of being jailed. People keep on being arrested, put on trial and thrown into prison but this will never silence the Papuan people.

He went on to say that  as the number of Papuans being held behind bars goes on increasing , this will help to alert the international community to get involved in solving the Papuan issue.

‘With all these political prisoners,’ he said, ‘international support will become more positive.’

Sebby said that Forkorus  is a loyal Papuan leader who is very serious about the Papuan struggle. ‘He is doing everything he possibly can to bring an end to our sufferings,’ His attitude was very clear from the remarks he made after the verdict was announced. ‘We were pleased with the verdict and our struggle will continue,’ said Sambom.

Translated by TAPOL

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Kontras: court ruling against Forkorus far from human rights principles and spirit of fair trial

The court ruling against Forkorus CS
Still Far from the human rights principles and the spirit of fair trial

The Commission for the Disappeared and victims of violence (KontraS) has regretted over the verdict of the judges in the District Court of Jayapura, West Papua, which sentenced Forkorus Yaboisembut, S. Pd, Edison Kladeus Waromi and three others, Dominikus Surabut, August M. Sananai Kraar dan Selpius Bobii in jail for 3 years on 16th March 2012. Despite each of the sentence is lighter than indictment of the prosecutor for five years in jail, it is still far from the principle of a fair trial and not socializing with the idea to build a Peaceful Papua through the dialogue.

Indonesia, as a democratic country and adopted a number of international instruments for human rights, the government is suppose to solve the problems in Papua more wisely, in the particular case of the verdict of the treason charged to Forkorus Cs. The court is not supposed to be conducted as there is another way around which will more effective and dignified based on the human rights instruments such as through the dialogue that will socialize the case so far.

The treason charged to Forkorus Cs, in fact, is considered too extreme as no one has used violence or violates any of the national rules and regulations during the congress of Papuan People III that held in 17 to 19 October 2012. What Forkorus Cs has conducted is a part of freedom of expression in peaceful manner which stated in Universal Declaration on Human rights article 19, Civil and political rights convention article 19 and 20, and also in other international rules and regulations. From the view of the domestic regulation framework, the guaranty of the freedom of expression is also stated in national regulations such as in 1945 Constitution, Law no 39 in 1999 and Law no 12 in 2005 that related to human rights which ratified in civil and political rights covenant. It is stated by defendants’ lawyers under their defence which is known as Bring democracy to the court and struggling peace for Papuan People.

Based on the result of the investigation and monitoring of the national human rights commission, the allegation of human rights abuses were committed by the security forces (police and military), in the forms of excessive force, violence, torture and other cruel treatments. However, the fact-finding mission was never followed up by the legal basis either by the police or national human rights commission.
By observing the sentences read by the panel judges which consisted of Jack Johanis Octavianus, SH as chief justice and four other members of judge, I Ketut Nyoman Swarta, SH.MH, George Mambrasar, SH.MH, Orpa Martina, SH, Willem Marco, it has raised a number of problematic notes that need to be questioned based on the information collected by the coalition of civil society organizations, which dedicated to enforce the law and human rights in Papua such as:

Firstly, the sentence of the panel judges show inconsistency in case of dealing with evidences related to the treason. The judges argued that the defendants have convincing and legally proven by law related to the articles of treason and proven to conduct an experiment.
Secondly, no credible witnesses have been brought to the court. While only one witness who comes from the society, seven other witnesses are coming from the police who did not see directly what happened in the field. So, of course they against the defendants and moreover, another five witnesses who come from the society also against defendants too during their testimonies of the court hearing. Those five people who testified in the court are also the participants of the demonstration that arrested and violated by the police during the process of interrogation. Their witnesses are not supposed to be in any consideration during the hearing.

Thirdly, during the hearing, the judges were able to present only one evidence or banner, while there have to be mentioned 69 evidences that the sentence referred to.

Fourthly, Gustav Kawer, one of the lawyers was criminalized because he was assessed as person who disturb the hearing.
KontraS supported the measurement taking by the lawyer who would file an appeal over the judgement since the hearing is not matching with the human rights principle and fair trial. She has submitted questions to the government regarding its commitments to solve problems in Papua through peace process, considering that the way which the government criminalized and implemented the article of treason would make the peace discourse further in Papua. The agenda to push the peace process in Papua is supposed to be fitted within the policy conducted by the government such as to stop the implementation of treason articles indiscriminately and to free from arbitrary arrest to who have not committed any violence or violation during the demonstration.

Jakarta, 16 Maret 2012
Badan Pekerja,

Indria Fernida
Wakil Koordinator

Contact Person: 08161466341 (Indria Fernida)

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‘Saying that there are no political prisoners in Papua is a Lie’

Bintang Papua, 7 March 2012Following a statement that has just been made by Amir Syamsuddin, the Minister for Law and Human Rights claiming that there are no political prisoners (tapol/napol) in Papua, various human rights groups as well as Mama Yosepha, the Director of  the Human Rights and Anti-Violence Foundation, and Markus Haluk, a well-known Papuan human rights activist, have responded.

Mama Yosepha and Markus Haluk said: ‘This statement by the Minister for Law and Human Rights shows the extent of the lies being made in public, which came after the dialogue organised by Amnesty International  last November. The Minister said that there were no political prisoners in Papua, only criminal prisoners. This is in line with the racist policies that are used against the Papuan people,’ said Markus Haluk.

Mama Yosepha and Markus Haluk said: ‘We are well aware of the denials and lies continually being spread by the Indonesian government through the Minister for Law and Human Rights. This is happening systematically in relation to the true facts that are known to the Papuan people. Since late 2011, five political prisoners have been on trial, Forkorus and his four colleagues, who are facing the charge of makar – treason – in connection with the declaration made by the Federal Republic of West Papua in October 2011 on Zakheus Square, Jayapura. In addition, from 2008 – 2010, sixteen political prisoners have been in custody in Manokwari while in Fak-Fak there are as many as sixteen prisoners, as well as fifteen in Nabire, four in Mamberamo Raya, one in Biak who is being held in  Abepura prison, and of all these, four are convicted prisoners, plus another six in Timika , which means that from 2008 to the present there have been 67 political prisoners.’

Markus went on to say that there are around ten political prisoners being held in connection with the assault on the ammunition dump in Wamena in 2003 who are now in  custody in Nabire and Biak prisons,while Filep Karma has been in custody since 2004, having been sentenced to fifteen years  and is being held in Abepura Prison, which brings the total since 2008 to seventy-two tapols and napols (tapol refers to detainees, while napol refers to convicted prisoners).

The fact that there are political prisoners in  Papua  was officially acknowledged by the head of  the Papua office of the Ministry of Law and Human Rights, Drs Daniel Biantong in 2010, when he produced a list of 25 persons registered as tapol and napol throughout Papua.

‘The demands for sentencing have varied from eleven months to life imprisonment. This can be broken down as follows: one person for eleven months, two persons for three years, three persons for five years, one person for six years, one person for ten years and one person for fourteen years, as well as three persons who  were sentenced to fifteen years, five who were sentenced to seventeen years, four to twenty years, while two were given life sentences. In all these cases, the prisoners were charged with makar under Article 106 of the Criminal Code,’ he said.

If we go farther back, said Markus,  following the dialogue held on 26 February 1999 during the presidency of B.J.Habibie , all political prisoners who were then being held in Papua were released. However, one year later, in 2000, many Papuan leaders  and ordinary Papuans were arrested and put on trial for makar, and this has been going on up to the present day.

Mama Yosepha,  said: ‘We human rights activists in Papua  have been firmly insisting that there are tapols and napols in Papua, and they are not criminal prisoners. We urge on the Indonesian government to stop spreading lies  and making racist remarks, like talking about murders, arrests and detentions with regard to Papuan leaders and ordinary Papuans here in the Land of Papua. Instead they should release Papuan leaders such as Forkorus Yaboisembut and Edison Waromi as well as the three others with them and lift the makar charges that are being made against all five of them.’

She went on to say: ‘Bearing in mind the statement made by the Minister for Law and Human Rights last  year and then on 5 March 2012, and bearing in mind too that Indonesia is now a Democratic State,what should happen is that the Indonesian government should release all the political prisoners who are now being held throughout Papua  as well as outside Papua.’

She went on to add: ‘We urge the Indonesian government to allow complete access for diplomats, journalists, human rights workers, members of Senates and congresses [around the world] to visit Papua.’

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AI: Indon authorities refuse Papuan political prisoner Kimanus Wenda medical care

Amnesty International
INDONESIA: AUTHORITIES REFUSE PRISONER MEDICAL CARE

UA: 251/11 Index: ASA 21/025/2011 Indonesia Date: 19 August 2011

Papuan political prisoner Kimanus Wenda is in urgent need of medical treatment. He has a tumour in his stomach, and needs to be transferred to a hospital to undergo an operation. Prison authorities have refused to pay for his transport and medical costs.

Kimanus Wenda is being held at the Nabire prison in Papua province, Indonesia. He has a tumour in his stomach and is constantly vomiting. Prison doctors have confirmed that he needs an operation; however, Nabire does not have the necessary medical facilities available. Kimanus Wenda needs to be transferred to Jayapura, also in Papua province, where he can receive the medical treatment he urgently requires. His family and lawyer have requested that he be transferred to Jayapura but the Nabire prison authorities have refused to cover the cost of his transport and medical treatment. Under Indonesian Government Regulation No. 32/1999 on Terms and Procedures on the Implementation of Prisoners’ Rights in Prisons, all medical costs for treatment of a prisoner at a hospital must be borne by the state.

Kimanus Wenda has been ill-treated in detention in the past. During his arrest and interrogation in April 2003, he was reportedly tortured or otherwise ill-treated by military officers, who beat, kicked and stamped on him. On 25 May 2011 Kimanus Wenda was beaten by prison guards after he and another political prisoner, Linus Heluka, attempted to file a complaint about a prison officer who had insulted a Papuan prisoner. At least four prison guards beat Kimanus Wenda with a thick piece of rubber and kicked him. The guards also hit Linus Heluka on the head and hand. Linus Heluka was then put in an isolation cell for two weeks.

Please write immediately in English, Indonesian or your own language urging the authorities to:

  • Ensure that Kimanus Wenda receives full and immediate access to the proper medical treatment he requires;
  • Allow Kimanus Wenda to travel to Jayapura to receive urgent medical care as recommended;
  • Cover the cost of such treatment in accordance with the UN Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (Principle 24) and Indonesian regulations;
  • Immediately conduct an independent and impartial investigation into all allegations of torture or other ill-treatment by prison guards in Papua and ensure that, should the allegations be verified, those responsible be brought to justice in fair trials and the victims receive reparations; and
  • Ensure that prison conditions and the treatment of prisoners meet standards provided for in Indonesian law as well as UN Standard Minimum Rules on the Treatment of Prisoners.

PLEASE SEND APPEALS BEFORE 3 OCTOBER 2011 TO:

Head of Nabire Prison

Arif Rachman
Lapas Klas IIb Nabire, Jl. Padat Karya,
Nabire 98801, Papua, Indonesia
Fax: +62 984 24721
Salutation: Dear Arif Rachman

Head of the Papuan Provincial Department of Justice and Human Rights
Daniel Biantong
Jl. Raya Abepura No. 37
Kotaraja – Jayapura 99117, Papua, Indonesia
>Fax +62 967 586112
Salutation: Dear Daniel Biantong

And copies to:

Director General of Prisons
Drs. Untung Sugiyono
Ministry of Justice and Human Rights
Jl. Veteran No. 11
Jakarta Pusat, Indonesia
Fax: +62 21 384 1711

Also send copies to diplomatic representatives accredited to your country.

Please check with your section office if sending appeals after the above date

URGENT ACTION Authorities refuse PRISONER medical care

ADDITIONAL INFORMATION

In April 2003 Kimanus Wenda was accused of attacking a military warehouse in Wamena, Papua province, an accusation which he denies. According to his lawyers, he was arbitrarily detained at the barracks of the Wamena District Military Command 1702 by the military and police and initially denied access to a lawyer. There, he was reportedly tortured or otherwise ill-treated by military officers, including being beaten with a piece of wood, kicked on his chest, stamped on, and dragged around with a piece of rope around his neck. According to Kimanus Wenda, the ill-treatment continued while the police were interrogating him. A translator was not provided during the police interrogation, even though Kimanus Wenda did not speak Indonesian. He was forced to sign a confession he could not read. In January 2004 he was sentenced to 20 years’ imprisonment for “rebellion” under Articles 106 and 110 of the Indonesian Criminal Code. He continues to suffer physically on account of the ill-treatment he experienced in 2003.

In December 2005 Kimanus Wenda was transferred to Gunung Sari prison in Makassar, South Sulawesi, thousands of miles from his family in Papua. While he was there he was forced to sleep on a cement floor. In January 2008 he was transferred to Biak prison, Papua and then to Nabire prison.

The Indonesian authorities have an obligation under national law and standards to provide medical treatment to all prisoners in the country. Article 17 of the Indonesian Government Regulation No. 32/1999 on Terms and Procedures on the Implementation of Prisoners’ Rights in Prison requires the prison authorities to provide adequate access to medical treatment. International standards also provide for medial treatment for prisoners. The UN Standard Minimum Rules for the Treatment of Prisoners provides that prisoners needing treatment not available in the prison hospital, clinic or infirmary should be transferred to an appropriate institution outside the prison for assessment and treatment. Furthermore, Principle 24 of the UN Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment requires that prison authorities cover the costs of such treatment.Amnesty International believes the denial of medical care to Kimanus Wenda could amount to cruel, inhuman or degrading treatment.

Name: Kimanus Wenda
Gender m/f: M

UA: 251/11 Index: ASA 21/025/2011 Issue Date: 19 August 2011

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