Prisoner Update: Jan 2019 – Sept 2020 Copy

Summary

There were 245 new political prisoners between 1 January 2019 and 30 September 2020. While 198 of the political prisoners on record have now been released, 27 remain in prison serving their sentences, seven are currently on trial and another is awaiting trial. There are at least twelve people on the police wanted list.

For 2019, the new political prisoners cases can be divided into three categories: those who were arrested at a particular event in January; those who were arrested during the “West Papua Uprising” from August to September; and those who were arrested in the lead up to and during the 1st of December: Commemoration of West Papua Independence Day.

As for the 2020 cases, this update only covers the arrests and detentions up to 30 September 2020.

The list provided at the end of this update also includes the political prisoners from before 2019 who remain in prison, still serving their sentences.

103 treason cases

Of the 245 new political prisoners on record, 103 were charged with treason: 97 in 2019 and 6 in 2020. In the 2019 cases, based on the categories described above, 3 were detained and charged with treason in January, 40 during the West Papua Uprising, and 54 between November and December 2019.

For the first time, an Indonesian (non-West Papuan origin) was sentenced to prison for treason in a West Papua-related protest.

KNPB members arrested in Timika

In January 2019, the police arrested eight KNPB (National Committee for West Papua) members for gathering and holding a traditional prayer ceremony to commemorate the anniversary of KNPB and the New Year. Five were released, but three were detained for treason: Yanto Awerkion, Sem Asso, and Edo Dogopia. Despite the initial charges of treason, the court only found them guilty of incitement and sentenced them to 1 year, ten months and 8 months in prison respectively.

22 people detained during the Uprising

During the West Papua Uprising in August and September 2019, 22 people were charged with treason for their involvement in the Uprising. All their trials took place in 2020. All completed their sentences in prison and have since been released. Below are the summary cases of these arrests:

  • Jayapura (7)

Seven West Papuan political activists were arrested in Jayapura between 6th and 14th of September 2019. Buchtar Tabuni, Agus Kossay, Stevanus Itlay, Alexander Gobai, Ferry Gombo, Irwanus Uropmabin, and Hengky Hilapok were activists from the ULMWP (United Liberation Movement for West Papua), KNPB, and student groups. They were arrested and initially detained in Jayapura, Papua Province, but later transferred to Balikpapan in East Kalimantan on the island of Borneo. Lawyers for the seven have stated that the transfer was in breach of the criminal procedure law. During the trials in Balikpapan, the prosecutors demanded harsh sentencing, namely 5 years for two of them, 10 years for two others, 15 years for two more, and 17 years for one of them. However, the final sentences handed down were 10 months for four of them, and 11 months for the three others. They were all released not long after their sentencing because they had served most of their prison term while waiting for the trial.

  • Jakarta (6)

Five West Papuan student activists, Ambrosius Mulait, Ariana Elopere, Dano Tabuni, Charles Kossay, Isay Wenda, and an Indonesian political activist Paulus Suryanta Ginting, were arrested and charged with treason for holding a protest with the Morning Star flag (the symbol of West Papuan independence) outside the Indonesian State Palace in Jakarta in August 2019. The prosecutors demanded a 1 year and 5 months prison sentence for five of them and a 10 months prison sentence for the other. They were sentenced to 9 months (5 people) and 8 months (1 person) in prison. All were released not long after their sentencing.

  • Sorong (4)

Student activists Rianto Ruruk, Yoseph Syufi, Manase Baho and Ethus Miwak Kareth were arrested in September 2019 for organising a protest in Sorong, West Papua Province. They were found guilty of treason. They all received 8 months and 15 days prison sentence, and were freed in May 2020 after serving a full jail sentence, which included detention time prior to their trials.

  • Manokwari (4)

Four activists were arrested related to the Uprising protest in September 2019. Sayang Mandabayan, Erik Aliknoe, Yunus Aliknoe and Pende Mirin were arrested for carrying Morning Star flags, and for organising and participating in a protest in Manokwari. Their trials took place in February 2020 and they were sentenced to 9 months, not for treason but for incitement. They were all released not long after the sentencing.

  • Jayapura (1)

In September 2019, West Papuan film-maker and activist, Assa Asso, was arrested in the capital city of Jayapura, over a Facebook post that he made regarding the West Papua Uprising. He was charged with treason and incitement, but was sentenced to 10 months in prison only for incitement, and he has since been released.

1st of December Commemoration (54)

In late November and early December 2019, 54 people were detained and charged with treason for planning or attending the 1st of December Commemoration. Eleven were arrested in Sorong, 20 in Jayapura and 23 in Fakfak. The Sorong and Jayapura cases have at the time of publication not been heard in court. Meanwhile, the Fakfak cases were heard in October 2020 and all 23 individuals have since received their sentences.

Timika 2020 (3)

Three individuals among those arrested in 2020 were charged with treason. Indius (Ivan) Sambom, Temianus Wandikbo and Elpiau Magai were all arrested under allegation of being involved in a shooting incident at the Freeport mining site in Kuala Kencana, Timika, which resulted in the death of a foreign mine worker. Their cases are currently under investigation, with Indius Sambom’s case having progressed to the preliminary hearing stage in October 2020.

129 Non-treason cases

There were a total of 129 non-treason cases in 2019 and 2020. In 2019, the majority of the cases (111) came from the West Papuan Uprising arrests. Prior to the Uprising, only three West Papuans were arrested under non-treason charges. Three cases were reported for 2020 for non-treason related charges.

  • January 2019 arrests

Two people were arrested separately in Jayapura in January 2019. One, Sami Lokon, a KNPB member, was arrested for theft. He was sentenced to jail for 8 months and he died while serving his sentence. Wene Bahabol, also a KNPB member, was arrested for the possession of documents and symbols pertaining to the ULMWP. He was investigated and charged under the 2009 Electricity Law.

  • The West Papuan Uprising arrests

The events surrounding the West Papua Uprising led to the detention of 135 individuals with charges that were not related to treason. Out of these 135 who were charged, 100 faced trial and 29 were released without trial, although their charges have not so far been dropped. All of those who faced trial were sentenced and served prison sentences. All but six have since been released. Summaries of the non-treason cases from the West Papua Uprising in 2019 can be found here: Jayapura (42), Wamena (33), Deiyai (14), Timika (12), Manokwari (12), Sorong (8), Fakfak (6), Oksibil (6).

Unknown Cases

There are a total of 12 unknown cases. They are the people who are still ‘persons of interest’ who remain on the police ‘Wanted’ list. They are: Dance Hegemur, Yakobus Temongmere, Bahlua Tabuni, Victor Yeimo, Veronica Koman, Akon Wenda, Lenggenus Wanimbo, Miron, Nerius Waker, Wendanak Wanimbo, Lerymayu Enumbi and Obet Magai. The first 5 are from 2019 and the rest are from 2020.


Treason and non-treason arrests for Indonesian solidarity actions outside of West Papua

In 2019 there was an increase in prosecution against Indonesian activists of non-West Papuan origin who are supporters of West Papuan self-determination protests.

  • In addition to Surya Anta who was charged with treason along with 5 West Papuans in the Jakarta 6 Case, four other non-West Papuan activists in North-Maluku were arrested and face treason charges. These student activists initially faced expulsion from their University for organising a peaceful rally in solidarity with West Papua. They appealed the decision of the University at the Court in North Maluku. Later, while the Court hearing for their appeal was on-going, they found out that they were also facing criminal investigation by the police. They are currently facing trial for crimes of treason, with threats of lengthy prison sentences.
  • During the West Papua Uprising, human rights lawyer Veronica Koman and documentary filmmaker Dandhy Laksono were targeted for posting information on their social media about the events surrounding the Uprising in West Papua. Veronica Koman is currently on the police ‘Wanted’ list, under suspicion of several criminal charges. Dandhy Laksono was arrested and questioned by the police in September 2019 in Jakarta. Although he was released immediately after questioning, the ITE Law violation charge against him has not been dropped.

Issues of concerns in the 2019/2020 political prisoners situation

2019 was an unprecedented year for the political prisoners situation in West Papua. Firstly, there were mass civilian protests in many cities in West Papua as well as in several cities in other provinces of Indonesia. The protests in West Papua developed into the 2019 West Papua Uprising.

Secondly, there was increased criminalisation by the Indonesian Government of those taking part in the West Papua Uprising. The Government tried to crack down on mass protests by deploying additional security forces to West Papua, which used forceful dispersal tactics and arrested people who were suspected of or known for their involvement in those protests. This response to the Uprising contributed to the highest number of political prisoners in West Papua in 2019. While the majority  were prosecuted under non-treason-related charges, the Government also reinvigorated the use of treason (makar) charges to suppress those expressing/supporting the right to self-determination.

In the months that followed the Uprising, especially in November and December 2019, the authorities continued to use treason charges in the arrests of those peacefully planning or participating in the 1st of December flag-raising ceremony in West Papua.  

Procedural Violations

There are several ongoing concerns regarding the treatment of West Papuan political prisoners during this period.

  • Arrests/detention:

In 2019, the police commonly carried out arrests without presenting any arrest warrants. At the same time, when people were arrested, their families did not receive any information from the police regarding their whereabouts. The police also carried out interrogations of the suspects without their lawyers present. With regard to family members’ access, the police did not consider any specific circumstances of individual detainees, including those with children.  

Prisoner in focus: Sayang Mandabayan. After she was detained, Sayang was seen breastfeeding her baby behind bars. Later, the baby’s access to her was made very difficult by the authorities.

  • Treatment of political prisoners

Torture was used against many political prisoners in 2019, from when they were arrested to during detention. Forms of torture reported as part of interrogation techniques include beatings, electrocution, and reduced, delayed or refused access to health treatment, among others.  In these instances, interrogations were carried out without the presence of a lawyer. In 2019, there were 5 children (minors) reported among the detainees. Four had pretrial release however one was prosecuted for four months. Meanwhile, all political prisoners in custody during the COVID-19 outbreak were at risk of infection because the Indonesian Government refused to release them even though they released hundreds of other prisoners.  

Prisoners in focus:   Wamena 33. There are reports that the authorities carried out interrogations using torture to get these detainees to confess. Interrogations were also carried out without the presence of a lawyer.

Lawyers appeal: On 15th April 2020, international human rights lawyers submitted an urgent appeal to the United Nations regarding health concerns for West Papuan political prisoners due to COVID-19.

  • Prisoner transfers

There is a repeat pattern in West Papua of political prisoners being transferred from one location to another, in some cases more than once. This pattern not only continued but intensified in 2019 when West Papuan political prisoners were transferred not only within West Papua but also outside of West Papua. Even when prison transfers take place within West Papua, this not only reduces family members’ access to prisoners but also their lawyers, creating less transparency and justice to the process. Transfers outside of West Papua isolate the prisoners from support and advocacy even more and are deemed in breach of the Indonesian Criminal Procedural Code by lawyers.

Prisoners in focus: Balikpapan 7. On 4 October, the police transferred seven of eight political prisoners in Jayapura, charged with treason, to police detention in East Kalimantan. Lawyers for these seven political prisoners stated that the transfer was unlawful as it violated Article 85 of the Criminal Procedural Law. This determines that suspects can only be transferred after investigation processes have been completed and filed with the District or State Prosecutor’s Office, and only the Prosecutor’s Office can authorise the transfer of suspects under certain circumstances.

Challenges to legal advocates who defend political prisoners 

For the political prisoners arrested in 2019, particularly from the West Papua Uprising and later, their cases were heard in 2020, when the spread of COVID-19 also greatly affected their lawyers’ work. For example, the legal advocacy team for the Balikpapan 7 had to travel the long distance to Balikpapan in order to defend their clients. In addition to travelling at personal cost, they were also at risk of exposure to COVID-19.

It has also been reported that some West Papua-based lawyers who have recently taken part in various webinars have been receiving intimidation and threats from unidentified individuals. Not only do they work at the cost of personal finance and health, but also their personal security is often at stake.

What happens to political prisoners after they are released

Some political detainees in 2019-2020 were granted pretrial release. However, while they might have escaped trial, the charges against them were not dropped. This means that they can be re-arrested and detained at any moment.

It is not uncommon that former political prisoners continue to experience intimidation from the authorities after their release. In 2019-2020, some resumed their roles in the organisations they were associated with and became aware that their activities continued to be closely monitored by the authorities. Some ex-political prisoners are labelled by the authorities as “repeat offenders” due to their political activities.

In 2019-2020, it has also been reported that political prisoners were made to sign a ‘Declaration of Allegiance’ as part of their release process. This Allegiance reportedly  includes reference to a “100% Unitary Republic of Indonesia”, i.e. denying their right to continue pursuing self-determination for the people of West Papua.

All of the above are limiting the freedom of former political prisoners as free individuals in a democratic nation.

List of Political Prisoners

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Prisoner Update: Jan 2019 – Sept 2020

Summary

There were 245 new political prisoners between 1 January 2019 and 30 September 2020. While 198 of the political prisoners on record have now been released, 27 remain in prison serving their sentences, seven are currently on trial and another is awaiting trial. There are at least twelve people on the police wanted list.

For 2019, the new political prisoners cases can be divided into three categories: those who were arrested at a particular event in January; those who were arrested during the “West Papua Uprising” from August to September; and those who were arrested in the lead up to and during the 1st of December: Commemoration of West Papua Independence Day.

As for the 2020 cases, this update only covers the arrests and detentions up to 30 September 2020.

The list provided at the end of this update also includes the political prisoners from before 2019 who remain in prison, still serving their sentences.

103 treason cases

Of the 245 new political prisoners on record, 103 were charged with treason: 97 in 2019 and 6 in 2020. In the 2019 cases, based on the categories described above, 3 were detained and charged with treason in January, 40 during the West Papua Uprising, and 54 between November and December 2019.

For the first time, an Indonesian (non-West Papuan origin) was sentenced to prison for treason in a West Papua-related protest.

KNPB members arrested in Timika

In January 2019, the police arrested eight KNPB (National Committee for West Papua) members for gathering and holding a traditional prayer ceremony to commemorate the anniversary of KNPB and the New Year. Five were released, but three were detained for treason: Yanto Awerkion, Sem Asso, and Edo Dogopia. Despite the initial charges of treason, the court only found them guilty of incitement and sentenced them to 1 year, ten months and 8 months in prison respectively.

22 people detained during the Uprising

During the West Papua Uprising in August and September 2019, 22 people were charged with treason for their involvement in the Uprising. All their trials took place in 2020. All completed their sentences in prison and have since been released. Below are the summary cases of these arrests:

  • Jayapura (7)

Seven West Papuan political activists were arrested in Jayapura between 6th and 14th of September 2019. Buchtar Tabuni, Agus Kossay, Stevanus Itlay, Alexander Gobai, Ferry Gombo, Irwanus Uropmabin, and Hengky Hilapok were activists from the ULMWP (United Liberation Movement for West Papua), KNPB, and student groups. They were arrested and initially detained in Jayapura, Papua Province, but later transferred to Balikpapan in East Kalimantan on the island of Borneo. Lawyers for the seven have stated that the transfer was in breach of the criminal procedure law. During the trials in Balikpapan, the prosecutors demanded harsh sentencing, namely 5 years for two of them, 10 years for two others, 15 years for two more, and 17 years for one of them. However, the final sentences handed down were 10 months for four of them, and 11 months for the three others. They were all released not long after their sentencing because they had served most of their prison term while waiting for the trial.

  • Jakarta (6)

Five West Papuan student activists, Ambrosius Mulait, Ariana Elopere, Dano Tabuni, Charles Kossay, Isay Wenda, and an Indonesian political activist Paulus Suryanta Ginting, were arrested and charged with treason for holding a protest with the Morning Star flag (the symbol of West Papuan independence) outside the Indonesian State Palace in Jakarta in August 2019. The prosecutors demanded a 1 year and 5 months prison sentence for five of them and a 10 months prison sentence for the other. They were sentenced to 9 months (5 people) and 8 months (1 person) in prison. All were released not long after their sentencing.

  • Sorong (4)

Student activists Rianto Ruruk, Yoseph Syufi, Manase Baho and Ethus Miwak Kareth were arrested in September 2019 for organising a protest in Sorong, West Papua Province. They were found guilty of treason. They all received 8 months and 15 days prison sentence, and were freed in May 2020 after serving a full jail sentence, which included detention time prior to their trials.

  • Manokwari (4)

Four activists were arrested related to the Uprising protest in September 2019. Sayang Mandabayan, Erik Aliknoe, Yunus Aliknoe and Pende Mirin were arrested for carrying Morning Star flags, and for organising and participating in a protest in Manokwari. Their trials took place in February 2020 and they were sentenced to 9 months, not for treason but for incitement. They were all released not long after the sentencing.

  • Jayapura (1)

In September 2019, West Papuan film-maker and activist, Assa Asso, was arrested in the capital city of Jayapura, over a Facebook post that he made regarding the West Papua Uprising. He was charged with treason and incitement, but was sentenced to 10 months in prison only for incitement, and he has since been released.

1st of December Commemoration (54)

In late November and early December 2019, 54 people were detained and charged with treason for planning or attending the 1st of December Commemoration. Eleven were arrested in Sorong, 20 in Jayapura and 23 in Fakfak. The Sorong and Jayapura cases have at the time of publication not been heard in court. Meanwhile, the Fakfak cases were heard in October 2020 and all 23 individuals have since received their sentences.

Timika 2020 (3)

Three individuals among those arrested in 2020 were charged with treason. Indius (Ivan) Sambom, Temianus Wandikbo and Elpiau Magai were all arrested under allegation of being involved in a shooting incident at the Freeport mining site in Kuala Kencana, Timika, which resulted in the death of a foreign mine worker. Their cases are currently under investigation, with Indius Sambom’s case having progressed to the preliminary hearing stage in October 2020.

129 Non-treason cases

There were a total of 129 non-treason cases in 2019 and 2020. In 2019, the majority of the cases (111) came from the West Papuan Uprising arrests. Prior to the Uprising, only three West Papuans were arrested under non-treason charges. Three cases were reported for 2020 for non-treason related charges.

  • January 2019 arrests

Two people were arrested separately in Jayapura in January 2019. One, Sami Lokon, a KNPB member, was arrested for theft. He was sentenced to jail for 8 months and he died while serving his sentence. Wene Bahabol, also a KNPB member, was arrested for the possession of documents and symbols pertaining to the ULMWP. He was investigated and charged under the 2009 Electricity Law.

  • The West Papuan Uprising arrests

The events surrounding the West Papua Uprising led to the detention of 135 individuals with charges that were not related to treason. Out of these 135 who were charged, 100 faced trial and 29 were released without trial, although their charges have not so far been dropped. All of those who faced trial were sentenced and served prison sentences. All but six have since been released. Summaries of the non-treason cases from the West Papua Uprising in 2019 can be found here: Jayapura (42), Wamena (33), Deiyai (14), Timika (12), Manokwari (12), Sorong (8), Fakfak (6), Oksibil (6).

Unknown Cases

There are a total of 12 unknown cases. They are the people who are still ‘persons of interest’ who remain on the police ‘Wanted’ list. They are: Dance Hegemur, Yakobus Temongmere, Bahlua Tabuni, Victor Yeimo, Veronica Koman, Akon Wenda, Lenggenus Wanimbo, Miron, Nerius Waker, Wendanak Wanimbo, Lerymayu Enumbi and Obet Magai. The first 5 are from 2019 and the rest are from 2020.


Treason and non-treason arrests for Indonesian solidarity actions outside of West Papua

In 2019 there was an increase in prosecution against Indonesian activists of non-West Papuan origin who are supporters of West Papuan self-determination protests.

  • In addition to Surya Anta who was charged with treason along with 5 West Papuans in the Jakarta 6 Case, four other non-West Papuan activists in North-Maluku were arrested and face treason charges. These student activists initially faced expulsion from their University for organising a peaceful rally in solidarity with West Papua. They appealed the decision of the University at the Court in North Maluku. Later, while the Court hearing for their appeal was on-going, they found out that they were also facing criminal investigation by the police. They are currently facing trial for crimes of treason, with threats of lengthy prison sentences.
  • During the West Papua Uprising, human rights lawyer Veronica Koman and documentary filmmaker Dandhy Laksono were targeted for posting information on their social media about the events surrounding the Uprising in West Papua. Veronica Koman is currently on the police ‘Wanted’ list, under suspicion of several criminal charges. Dandhy Laksono was arrested and questioned by the police in September 2019 in Jakarta. Although he was released immediately after questioning, the ITE Law violation charge against him has not been dropped.

Issues of concerns in the 2019/2020 political prisoners situation

2019 was an unprecedented year for the political prisoners situation in West Papua. Firstly, there were mass civilian protests in many cities in West Papua as well as in several cities in other provinces of Indonesia. The protests in West Papua developed into the 2019 West Papua Uprising.

Secondly, there was increased criminalisation by the Indonesian Government of those taking part in the West Papua Uprising. The Government tried to crack down on mass protests by deploying additional security forces to West Papua, which used forceful dispersal tactics and arrested people who were suspected of or known for their involvement in those protests. This response to the Uprising contributed to the highest number of political prisoners in West Papua in 2019. While the majority  were prosecuted under non-treason-related charges, the Government also reinvigorated the use of treason (makar) charges to suppress those expressing/supporting the right to self-determination.

In the months that followed the Uprising, especially in November and December 2019, the authorities continued to use treason charges in the arrests of those peacefully planning or participating in the 1st of December flag-raising ceremony in West Papua.  

Procedural Violations

There are several ongoing concerns regarding the treatment of West Papuan political prisoners during this period.

  • Arrests/detention:

In 2019, the police commonly carried out arrests without presenting any arrest warrants. At the same time, when people were arrested, their families did not receive any information from the police regarding their whereabouts. The police also carried out interrogations of the suspects without their lawyers present. With regard to family members’ access, the police did not consider any specific circumstances of individual detainees, including those with children.  

Prisoner in focus: Sayang Mandabayan. After she was detained, Sayang was seen breastfeeding her baby behind bars. Later, the baby’s access to her was made very difficult by the authorities.

  • Treatment of political prisoners

Torture was used against many political prisoners in 2019, from when they were arrested to during detention. Forms of torture reported as part of interrogation techniques include beatings, electrocution, and reduced, delayed or refused access to health treatment, among others.  In these instances, interrogations were carried out without the presence of a lawyer. In 2019, there were 5 children (minors) reported among the detainees. Four had pretrial release however one was prosecuted for four months. Meanwhile, all political prisoners in custody during the COVID-19 outbreak were at risk of infection because the Indonesian Government refused to release them even though they released hundreds of other prisoners.  

Prisoners in focus:   Wamena 33. There are reports that the authorities carried out interrogations using torture to get these detainees to confess. Interrogations were also carried out without the presence of a lawyer.

Lawyers appeal: On 15th April 2020, international human rights lawyers submitted an urgent appeal to the United Nations regarding health concerns for West Papuan political prisoners due to COVID-19.

  • Prisoner transfers

There is a repeat pattern in West Papua of political prisoners being transferred from one location to another, in some cases more than once. This pattern not only continued but intensified in 2019 when West Papuan political prisoners were transferred not only within West Papua but also outside of West Papua. Even when prison transfers take place within West Papua, this not only reduces family members’ access to prisoners but also their lawyers, creating less transparency and justice to the process. Transfers outside of West Papua isolate the prisoners from support and advocacy even more and are deemed in breach of the Indonesian Criminal Procedural Code by lawyers.

Prisoners in focus: Balikpapan 7. On 4 October, the police transferred seven of eight political prisoners in Jayapura, charged with treason, to police detention in East Kalimantan. Lawyers for these seven political prisoners stated that the transfer was unlawful as it violated Article 85 of the Criminal Procedural Law. This determines that suspects can only be transferred after investigation processes have been completed and filed with the District or State Prosecutor’s Office, and only the Prosecutor’s Office can authorise the transfer of suspects under certain circumstances.

Challenges to legal advocates who defend political prisoners 

For the political prisoners arrested in 2019, particularly from the West Papua Uprising and later, their cases were heard in 2020, when the spread of COVID-19 also greatly affected their lawyers’ work. For example, the legal advocacy team for the Balikpapan 7 had to travel the long distance to Balikpapan in order to defend their clients. In addition to travelling at personal cost, they were also at risk of exposure to COVID-19.

It has also been reported that some West Papua-based lawyers who have recently taken part in various webinars have been receiving intimidation and threats from unidentified individuals. Not only do they work at the cost of personal finance and health, but also their personal security is often at stake.

What happens to political prisoners after they are released

Some political detainees in 2019-2020 were granted pretrial release. However, while they might have escaped trial, the charges against them were not dropped. This means that they can be re-arrested and detained at any moment.

It is not uncommon that former political prisoners continue to experience intimidation from the authorities after their release. In 2019-2020, some resumed their roles in the organisations they were associated with and became aware that their activities continued to be closely monitored by the authorities. Some ex-political prisoners are labelled by the authorities as “repeat offenders” due to their political activities.

In 2019-2020, it has also been reported that political prisoners were made to sign a ‘Declaration of Allegiance’ as part of their release process. This Allegiance reportedly  includes reference to a “100% Unitary Republic of Indonesia”, i.e. denying their right to continue pursuing self-determination for the people of West Papua.

All of the above are limiting the freedom of former political prisoners as free individuals in a democratic nation.

List of Political Prisoners

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UPDATE: Manokwari and Sorong: prosecutors’ charges

Manokwari

On 12th May 2020, prosecutors in Manokwari, West Papua province, sought ten months in jail on charges of treason for Sayang Mandabayan.

Ms Mandabayan was arrested on 2nd September 2019 while carrying 1,496 small Morning

Star flags at Manokwari airport. She participated in and gave speeches at protests, part of the Papua Uprising, on 19th and 27th August 2019 in Sorong. When she was arrested at Manokwari airport on 2nd September 2019, she had just arrived from Sorong to attend a protest in Manokwari that day.

Airport staff conducted an inspection on the aircraft and its passengers because a lifejacket was missing from the aircraft. They found 1,496 small, paper Morning Star flags in Mandabayan’s bag. The police were called and subsequently arrested her. She has been charged under Article 106 of the Criminal Code. Ms Mandabayan was a Member of the Sorong City Council, however she was fired due to this incident. She has suffered from persistent toothache but has not been afforded proper medical treatment while in detention. Her trial began on 13th February 2020.

Sorong

On 13th May 2020, prosecutors in Sorong,West Papua province, sought one year and four months in jail on charges of treason for Rianto Ruruk, Yoseph Syufi, Manase Baho and Etus Kareth.

The four individuals currently detained in Sorong are student activists and were arrested on18th September 2019 for organising a protest that day. Each of these individuals has been charged under Articles 106 and 110 of the Criminal Code. Police arrested Rianto Ruruk and Etus Kareth shortly after they delivered speeches to a group of protestors while waiting to be joined by another group of protesters, led by Yoseph Syufi and Manase Baho. Both Mr Syufi and Mr Baho were also arrested. The initial plan was to march together to the Mayor’s office. Police accuse the four of flying Morning Star flags, while in fact they were only wearing small Morning Star stickers. Their trial began on 5th March 2020.

Updated: 13th May 2020

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New political prisoners, treason charges and lack of judicial transparency in political prisoner cases

Download in pdf format: PBB Jan 2018 – Oct 2019 EN.pdf
Published: 20 November 2019

In Brief

Numerous political arrests have taken place in 2018 and 2019 as the Indonesian authorities attempt to suppress political protests in West Papua and Indonesia. In particular, treason charges have been used to an unprecedented extent to arrest political activists during August and September this year, in response to an apparent increase in support across Indonesia for the West Papuan self-determination struggle. Foreign as well as local human rights advocates are being subjected to similar scrutiny.

Papuans Behind Bars (PBB) documents and identifies Papuan political prisoners/ detainees in order to bring to light their cases, and also monitors for fair and free trials. The people involved in gathering the data are lawyers from non-profit, independent legal aid institutions in West Papua who also provide legal assistance to political prisoners, human rights advocates and activists. They collaborate so as to get accurate data on the prisoners/detainees. PBB also analyses the consistency between the data it collects and any reports in the media. Most of these cases, however, are not reported in the media.

Political Prisoners and Detainees January 2018 to October 2019

  • • Imprisoned for the third time for peaceful activism: Buchtar Tabuni, Steven Itlay, and Yanto Awerkion
  • •  First West Papuan women charged with treason since 2000: Ariana Lokbere and Sayang Mandabayan
  • •  First foreign national charged with treason: Jakób Skrzypski
  • •  First non-Papuan Indonesian activist charged with treason: Surya Anta Ginting
  • •  First non-Papuan Indonesian human rights defender criminalised over West Papua advocacy: Veronica Koman
  • •  First journalist/documentary film-maker criminalised for tweeting about West Papua: Dandhy Laksono

In total, from January 2018 until October 2019 there have been 99 West Papuan political prisoners/detainees.

In 2018, PBB documented 26 political prisoners detained in West Papua: 25 West Papuans and one Polish national. The majority of the West Papuan detainees were charged with possession of firearms, although two among them were charged with treason. Some of these prisoners have now been released or are due for release later this year or early in 2020.

West Papua Political Prisoners, January 2018 to October 2019

For the first time, a foreign national has been detained in a West Papuan prison. The police arrested a Polish national, Jakób Skrzypski, in August 2018 for ‘conducting journalistic activities’ but later for allegedly meeting with the West Papua National Liberation Army. He was tried for treason for a few lines of chat on Facebook Messenger with a West Papuan student, who was also tried for treason together with him, regarding firearms. Mr. Skrzypski denied all the accusations and filed an appeal to overturn his case but this was denied. He is currently serving a 5 year sentence in Wamena prison.

In 2019, there has been a surge in the number of West Papuan political prisoners/detainees. PBB has identified around 77 new political detainees in cases related to West Papua this year. Most detainees were arrested for their involvement in the mass civilian demonstrations during August and September. Most of them were arrested on charges related to their participation in rallies, which turned violent in some places. Some were detained for treason and others are being criminalised for taking part in broadcasting the protests in the media.

Treason Charges

2019 shows a significant increase in treason charges: 22 compared to 5 in 2018. Out of the total of 27 treason charges during 2018 and 2019, 25 were arrested for taking part in peaceful assembly and political protests. Three treason suspects in 2018 were arrested while carrying out a traditional cooking feast and praying ceremony at the Timika office of the West Papua National Committee (KNPB). Meanwhile, the 22 treason suspects in 2019 were arrested for taking part in political protests during the August-September period. This shows that the Indonesian authorities are using treason charges to silence free political expression, a right that is guaranteed by the Constitution of the Republic of Indonesia.

Members of political rights organisations such as West Papua National Committee (KNPB), United Liberation Movement for West Papua (ULMWP), Papuan Student Alliance (AMP) and Indonesia People’s Front for West Papua (FRI-WP) are the target for treason charges because they are voicing the West Papuan rights to self-determination. Among the list of the 22 detainees charged with treason in 2019 are Agus Kossay, Chair of KNPB, and other key figures of the non-violent movement, Buchtar Tabuni and Steven Itlay. Others include student leaders Fery Gombo and Aleksander Gobai, and Surya Anta Ginting, the spokesperson for Indonesia People’s Front for West Papua (FRI-WP).

Transfer of Political Prisoners

On 4 October, the police transferred seven of eight political prisoners in Jayapura, charged with treason, to police detention in East Kalimantan. Lawyers for these seven political prisoners stated that the transfer was unlawful as it violated Article 85 of the Criminal Procedural Law. This determines that suspects can only be transferred after investigation processes have been completed and filed with the District or State Prosecutor’s Office, and only the Prosecutor’s Office can authorise the transfer of suspects under certain circumstances.

The transfer is considered as an act of isolation from the prisoners’ community and culture. In this case it is also removing them from their rights to access legal assistance, given the difficulties that legal aid institutions face across Indonesia.

Challenges for Political Prisoners Advocacy

Advocating for political prisoners in West Papua is very challenging due to the following circumstances: 

  • •  Limited legal aid resources
  • •  Limited judicial transparency and accountability due to the political circumstances
  • •  Lack of freedom for human rights defenders/lawyers to carry out their roles
  • •  Lack of independence of judges in ruling on West Papuan political cases
  • •  Criminalisation of activists as a new method by the State to oppress civil and political rights advocacy.

Limited legal aid resources:

Due to the political and geographical situation, legal aid resources in all the territories of West Papua can only provide limited legal coverage. There are only a handful of legal aid institutions that are trusted by the West Papuan political detainees. They are the non-profit legal aid institutions which have been providing legal assistance to political activists over the years. Secondly, due to their geographical isolation, most political prisoners must often wait several days after arrest before they get assistance from their lawyers. Depending on where they are located in West Papua, most of the time the lawyers need to fly to get to their client’s location. On top of this, these legal aid institutions have only limited resources and means for travel.

Limited judicial transparency and accountability due to the political circumstances:

There are breaches to the criminal procedure in almost every arrest documented by PBB, meaning that often political prisoners are being interrogated without any lawyers present. The authorities can also make it harder for lawyers by moving the detainees around (see Box: Transfer of Treason Suspects Mirrors Colonial Behaviour).

Many arrests and detentions have been characterised by breaches of proper procedures, wrongful convictions, ill treatment, and torture. Improper procedures have included cases where an accused individual was not afforded legal counsel during interrogation or at trial, was not presented with an arrest warrant at the time of arrest, or was subjected to torture. In some cases, activists were subjected to multiple breaches. For those who were sick or shot, their access to treatment was impaired. In many cases, police or military personnel employed excessive use of force during the arrests of the political prisoners documented in this report.

Lack of freedom for human rights defenders/lawyers to carry out their roles:

There have been clear threats against human rights defenders/lawyers in West Papua in the last couple of months. The Indonesian authorities are attempting to criminalise human rights lawyers/defenders for their involvement in the advocacy for civil and political rights of the West Papuans. Action against Veronica Koman, Surya Anta Ginting and Dandhy Laksono are the latest examples of this. These criminalisation methods are the State’s attempt to limit human rights and civil liberties in Indonesia and particularly in West Papua.

Lack of independence of judges in ruling on West Papua political cases:

Lawyers acting for West Papua political prisoners complain that judges tend to be partial when ruling on West Papua political cases. For instance, a judge in Timika read out a pre-prepared ruling on the case of KNPB activists Yakonias Womsiwor and Erichzon Mandobar immediately after their lawyer had finished delivering the second defense on 13 May this year. Judges failing to include the lawyers’ defense, except for a line or two, in the ruling’s consideration is also a common practise in West Papua political cases.

Criminalisation of activists as a new method by the State to oppress civil and political rights advocacy:

Following the release of five West Papuan political prisoners in 2015 during President Joko Widodo’s first term as President, treason was no longer frequently used against West Papuan activists. Then in 2018 there were 5 cases, and in August and September this year there were 22 cases.

This does not mean that judicial harassment against peaceful West Papuan activists has stopped. Activists are still targeted with charges which are politically-motivated. For example, high profile activist Bazoka Logo was accused of falsifying an identity document, and KNPB activist Sam Lokon was wrongly convicted for stealing a motorbike. Deeper analysis is now required to look into such cases which go beyond the usual charges of treason or incitement.

Overall, the situations mentioned above create a lack of judicial transparency for all political prisoners in West Papua. This makes advocating for political prisoners in the territory more challenging than ever. The Indonesian Government has failed to fulfil its duties and responsibilities to maintain judicial transparency in West Papua when it comes to political cases. Rushed judgements, failure to observe the judicial procedures, and threats against legal advisors are all evidence of the lack of judicial impartiality in West Papua, which opens up even more room for error and abuse in the treatment of political prisoners.

Transfer of Treason Suspects Mirrors Colonial Behaviour*

By Anum Siregar

Jayapura – On 4 October 2019, the Papua Regional Police moved 7 treason suspects, namely Buchtar Tabuni, the chairman of the West Papua National Committee (KNPB) Agus Kossay, Fery Combo, Alexander Gobai, Steven Itlay, Hengki Hilapok, and Irwanus, from Papua Regional Police detention to East Kalimantan Regional Police detention. The legal advisor of the suspects found out only on the morning of departure, when contacted by one of the investigators, and then by mail delivered later the same day. This was despite the fact that, the day before, the lawyer for Buchtar Tabuni et al visited the suspects and met with investigators, but there was no notification whatsoever regarding a transfer.

Procedures set out in the Criminal Code Article 85 on Transfer of Suspects:

“In the event that a regional situation does not allow a district court to hear a case, then at the suggestion of the head of the District Court (DC) or the head of the State Prosecutor’s Office concerned, the Supreme Court (SC) proposes that the Minister of Justice  establish or appoint a district court other than the one stated in Article 84 to try the case in question.”

This article confirms that the Chairperson of the District Court or the Public Prosecutor’s Office has the right to transfer a suspect for the benefit of a trial, once the Police investigation process has been completed, and the suspect or Suspects and their case files have been transferred to the Prosecutor’s Office to wait for the trial process. The investigators, namely the police, are not authorised by the Criminal Code to move suspect on the grounds of the interests of the trial.

However, in the case of Buchtar Tabuni et al, having already been questioned by the Papua Regional Police, most of them were detained for more than 20 days, followed by an extension of 40 days, and were then moved while still at the investigation stage. The suspects have not been transferred to the local Public Prosecutor / Attorney’s Office.

In terms of investigation management in the Place of Detention Transfer Order number SP.Han / 381.g / X / RES.1.24 / 2019 / Ditreskrimun dated October 4 2019, there were irregularities.

First, a letter was issued by the Criminal Investigations Department for the purpose of transferring suspects to a different Regional or Provincial Police detention centre. The authority to give this approval rests with the National Police Headquarters, but the transfer was made without the authority of a letter from the National Police Headquarters as a basis of the transfer. Even the National Police Headquarters said that they did not know anything about the transfer, whereas the Head of East Kalimantan Police Public Relations Commissioner Ade Yaya Suryana, confirmed that the transfer authority rests with the National Police Headquarters.

Second, one of the basic considerations of the letter is the Papua Police Chief’s letter number: R / 205 / X / RES.1.24 / 2019 / Ditreskrimum dated October 3, 2019 regarding Requests for Safekeeping of political prisoner treason suspects. However, it did not explain to whom the letter was addressed; whether to the Supreme Court, the National Police Chief or the East Kalimantan Regional Police Chief.

Third, there is no basis for a letter relating to the Decision of the Supreme Court or a letter from the National Police Chief, as a basis for the transfer. This means that the Police have violated the provisions of Article 14 paragraph (1) letter 1, Law Number 2 of 2002 concerning the Indonesian National Police, which emphasizes “In carrying out its main tasks, the National Police of the Republic of Indonesia performs its other duties in accordance with statutory regulations.

The transfer of Papuan prisoners / political prisoners began with prisoners / political prisoners of the Wamena incident in 2000, if not earlier, when Pastor Obeth Komba et al were accused of treason. They were undergoing trial at Wamena District Court. After being convicted in Wamena prison they were then moved to Jayapura without notification of the family. At that time there was concern that they would be moved out of Jayapura. Following communication between the family, the Lawyers Team and the Ministry of Justice and Human Rights, they served their sentences in Abepura prison.

Linus Hiluka et al, convicted of the Wamena military command ammunitions store raid in 2003, were transferred to the Gunung Sahari Makassar prison in 2004 after undergoing trial at Wamena District Court. They were then sentenced in Makassar. In 2007, Maikel Haselo, one of Linus Hiluka‘s colleagues died and his body was brought from Makassar to his village in Anjelma Kurima, Yahukimo. In 2009, Linus et al were moved to Nabire Prison and Biak Prison. At that time the Papuan People’s House of Representatives Commission F played an important role in their transfer to Papua, including the repatriation of Maikel Heselo’s body.
In May 2015, they received clemency from President Joko Widodo.

In 2004, still related to the Mile 62-63 incident in Timika, Antonius Wamang and 12 of his friends were arrested in Timika and then flown to Jayapura on the same day. They were immediately investigated by the Police Headquarters Team at the Papua Regional Police on the same day. 8 of them were named as suspects and 4 were released. The day after that, they were immediately flown to the National Police Headquarters to undergo further investigation as suspects. There were no investigations for days, then later they were transferred to another location.

In addition, stories about the pre-trial transfer of political / treason prisoners in Papua cases very often emerge, but the transfers take place only after the suspect and the case file has been transferred to the public prosecutor / attorney’s office. As happened in the case of the alleged treason of Areki Wanimbo in 2014, Areki Wanimbo, a Lanny Jaya tribal leader was arrested at the end of August 2014 in Wamena, underwent examination at the Papua Regional Police in Jayapura, and was then tried at Wamena District Court after the case file was submitted to the public prosecutor / Prosecutor. Both Jakób Fabian Skrzypski, arrested in August 2018 in Wamena, and Simon Magal, arrested in August 2018 in Timika, underwent examination at the Papua Regional Police in Jayapura and were then transferred to Wamena after the case file was transferred to the Public Prosecutor / Attorney’s office. Once again, all of these transfers were different from those experienced by Buchtar Tabuni et al, who were moved while still undergoing the investigation process and without proper procedures.

Regardless of whether the transfer followed procedure or not, it is very clear that these transfers always have a very strong political dimension. This practice actually occurred in the previous colonial era in 1945, when the Dutch exiled Indonesian independence fighters to remote areas, for example the exile of Bung Hatta, Sutan Syahrir, Sayuti Melik etc. to Boven Digul. This exercise of political power is not a legal approach. In the past, there were political prisoners who were exiled from Batavia to Holandia (Papua). Now political prisoners are exiled from Holandia (Papua) to ‘many places’ in Batavia (Indonesia).

Although for today’s political activists there are existing legal proceedings, these transfers are acts of isolation, punishment and even exile, so that they are far from their communities. Isolated from everything that can make them feel ‘they still exist’. By being in a place that does not have a dominant issue such as in Papua, it is hoped that there will be less coverage about them. Media attention or local public support will be limited. The legal process against them will not be on the front page, but just a usual court case for the locals. Whereas in reality, the situation might actually strengthen their hearts and minds (as well as those of the people of Papua) to continue to record the dark and stigmatized past as experienced by Bung Hatta et al.

This policy is certainly not appropriate for building trust and good relations between the Indonesian government and the people of Papua. Particularly for improving the very difficult situation today, which requires upholding the law in a professional and fair manner to stop the cycle of violence and maintain peace in Papua.

*This article was first published in Indonesian on Anum’s Facebook on 11th October 2019.

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Political prisoners on the rise (March – June 2018)

Download in pdf format: PBB June 2018.EN

Summary

Over the past four months,eleven West Papuan people have become political prisoners. The case profiles below are listed in chronological order of when they were arrested between March to June 2018. All charges listed are referenced in the Indonesian Criminal Code unless otherwise noted. A full list of articles with brief descriptions are listed at the bottom of the report.

The first three political prisoners listed are members of the West Papua National Committee (KNPB). They were arrested together for beating two unknown men at their secretariat. The case might look like ordinary criminal case on first glance. However, we believe that the incident reflects some political aspect. The KNPB headquarter is known as a “hot spot” in Jayapura. People usually feel reluctant to pass the area, let alone enter, because of the stigma and heavy monitoring by security forces. Therefore, it is suspicious that two ‘medicine sellers’ would randomly come to visit and not leave when requested. Criminalisation against KNPB members in connection to assault, arms possession, theft, etc. is common, and often used by security forces as a tactic to offer a counter narrative to politically-motivated arrests.

The arrests of the other eight people show that there has been crackdown against freedom fighters and civilians who are thought to be freedom fighters of the West Papua Liberation Army (TPNPB). The TPNPB declared war against Indonesian security forces in August 2017 in Tembagapura, Timika. The recent arrests include those in Timika, Nabire, Mulia, and Wamena. Titus Kwalik and Julianus Dekme might have been arrested by the anti-terror squad Detachment 88, based on the description that the police were wearing “all blacks”, colours associated with this Special Forces policing unit. This is very problematic because, by law, neither civilians nor freedom fighters should be handled by a National anti-terror squad.

Police violated the domestic procedural criminal law in all cases, mainly regarding the obligation to provide letters of arrest and detention. Ill treatment was also present in cases involving people thought to be freedom fighters.

More political prisoners are anticipated in coming months because the continuing stand-off between TPNPB and Indonesian security forces, particularly in the area of Timika.

Overview of cases

Anderson Suhuniap
Age: 16
Date of arrest: 7 March 2018
Status: Awaiting trial
Charges: Article 170(1)

Anderson Suhuniap is a member of the West Papua National Committee (KNPB). On 27 February 2018, two unknown men who identified themselves as medicine sellers came to the KNPB secretariat in Jayapura. KNPB members asked them to leave when the two men failed to show the medicines they claimed to be selling. A fight broke out when they refused to leave. Police later arrested eight KNPB members for assault; five were released. Suhuniap is now detained at Jayapura police station.

Both letters of arrest and detention were provided only after being detained. Suhuniap is still underage, and according to domestic law, should have been placed in a youth detention centre.

Rizal Pahabol
Age: 19
Date of arrest: 7 March 2018
Status: Awaiting trial
Charges: Article 170(1)

Rizal Pahabol is a member of the West Papua National Committee (KNPB). On 27 February 2018, two unknown men who identified themselves as medicine sellers came to the KNPB secretariat in Jayapura. KNPB members asked them to leave when the two men failed to show the medicines they claimed to be selling. A fight broke out when they refused to leave. Police later arrested eight KNPB members for assault; five were released. Rizal Pahabol is now detained in Abepura prison.

Both letters of arrest and detention were provided only after being detained.

Misi Sowi Pahabol
Age: 18
Date of arrest: 7 March 2018
Status: Awaiting trial
Charges: Article 170(1)

Misi Sowi Pahabol is a member of the West Papua National Committee (KNPB). On 27 February 2018, two unknown men who identified themselves as medicine sellers came to the KNPB secretariat in Jayapura. KNPB members asked them to leave when the two men failed to show the medicines they claimed to be selling. A fight broke out when they refused to leave. Police later arrested eight KNPB members for assault; five were released. Misi Sowi Pahabol is now detained in Abepura prison. Both letters of arrest and detention were provided only after being detained.

Tandius (Tandi) Kogoya
Date of birth: Unknown
Date of arrest: 15 April 2018
Status: Undergoing police investigation
Charges: Articles 340, 187, 170 (1); and Emergency Law on arms possession.

Tandius Kogoya is a freedom fighter of the West Papua Liberation Army (TPNPB). He was arrested in Topo, Margajaya Village, Uwapa District, Nabire Regency, after being listed along with 20 other people on a police wanted list. According to him, he was taken inside a car with dark glass windows and driven around for some time before being detained in Kuala Kencana police station in Timika.

Police failed to show arrest and detention letters to Kogoya during the arrest as required by the law, nor was his family notified. Kogoya is currently detained in a small, isolated room with poor air circulation. He is not allowed visitation, including from his visiting family, except his lawyer.

Yogor Telenggen
Date of birth: 23 June 1988
Date of arrest: 12 May 2018
Status: Sentenced to life imprisonment
Charges: Article 340, 187 jo 55(1)(1), 365(1), 365(4)

Yogor Telenggen is a freedom fighter of the West Papua Liberation Army (TPNPB). He was previously sentenced for life in prison in 2013 but escaped Abepura prison on 8 January 2016. He was re-arrested at approximately 4 pm on 12 May in Puncak Jaya regency.

Telenggen was shot below the knee during arrest. He was subsequently taken to Bhayangkara hospital in Jayapura for treatment. His whereabouts was unknown for almost a month following his arrest. Neither he nor his family was given arrest and detention letters. He is currently detained in Jayapura at the headquarters of Brimob (Mobile Brigade Corps, a special unit of the Indonesia National Police).

Roy Hiluka
Age: 28 years old
Date of arrest: 2 June 2018
Status: Undergoing police investigation
Charges: Emergency Law on arms possession

Roy Hiluka is a civilian. He was arrested together with Eki Wanena. He was arrested in Wamena but is currently detained at Papua police station in Jayapura.

Eki Wanena
Age: Unknown
Date of arrest: 2 June 2018
Status: Undergoing police investigation
Charges: Emergency Law on arms possession

Eki Wanena is a civilian. He was arrested together with Roy Hiluka in Wamena but is currently detained at Papua police station in Jayapura.

Watlarik Hiluka
Age: 55 years old
Date of arrest: 3 June 2018
Status: Undergoing police investigation
Charges: Emergency Law on arms possession

Watlarik Hiluka is a civilian suspected by police to be a freedom fighter of the West Papua Liberation Army (TPNPB). At around 11.30 a.m. on 3 June 2018, both plain-clothed and fully-armed uniformed police came to his house while he was hosting four friends. Police fired two shots into the air and one to the ground, demanding to know which person was Watlarik. Both houses on the property, one a traditional honai house, were ransacked by police. Hiluka’s face was kicked twice during the interrogation while one of the friends, Nandus Hiluka, was hit twice in the face. Police also threatened to shoot Roy Hiluka, Watlarik Hiluka, and Nandus Hiluka, and to burn both houses. Watlarik Hiluka surrendered two packs of ammunition to the police and was taken to the Jayawijaya police station.

Titus Kwalik
Date of birth: 8 June 1966 (48 years old)
Date of arrest: 10 June 2018
Status: Undergoing police investigation
Charges: Emergency Law on arms possession

Titus Kwalik is a civilian suspected by police to be a freedom fighter of the West Papua Liberation Army (TPNPB). He was arrested at around 3 a.m. at his house in Timika on 10 June 2018. The arrest was conducted by fully armed police wearing all-black uniforms. When the house was raided, Kwalik’s wife was beaten with a rifle butt and then pushed when she did not answer police questioning his whereabouts. Police told his wife that Kwalik was detained at the Timika headquarters of Brimob (Mobile Brigade Corps, a special unit of the Indonesia National Police), but did not provide the reason of why he was arrested.

The letters of arrest and detention were given only on 12 June 2018. Access to family is prohibited, whereas access to meet with his lawyer is limited.

Julianus Dekme
Age: 31 years old
Date of arrest: 10 June 2018
Status: Undergoing police investigation
Charges: Emergency Law on arms possession

Julianus Dekme is a civilian suspected by police to be a freedom fighter of the West Papua Liberation Army (TPNPB). He was arrested at around 3 am on 10 June 2018 at his house in Timika by approximately 10 police officers wearing all-black uniforms. He was beaten on his back and his house was damaged during arrest. Police also took money that was kept in his house, including from his wife’s wallet, in total amounting to approximately two hundred million rupiah (~ USD 14,000). Police allegedly came to the family several times to try to return the money. The family refused and insisted that the money should only be returned with a receipt from the head of Timika police. Dekme is currently detained at the Timika headquarters of Brimob (Mobile Brigade Corps, a special unit of the Indonesia National Police).

The letters of arrest and detention not presented until 12 June 2018. Access to family is prohibited, whereas access to meet with his lawyer is limited.

Aloysius Ogolmagai (49 years old), who has a speech impairment, was with Dekme during arrest, was also wrongfully arrested. He was released on 12 June 2018. No notification was given to his family.

Polce Tsugomol
Date of birth: 1994 (he forgot the day and month)
Date of arrest: 9 June 2018
Status: Undergoing police investigation
Charges: Emergency Law on arms possession

Polce Tsugomol is a civilian who was suspected by police to be a freedom fighter of the West Papua Liberation Army (TPNPB). He was arrested on 9 June 2018 in Timika. While walking home, he was approached by police who pointed gun at him and demanded him to show them where he was hiding ammunition. He was taken to Timika police station after surrendering the ammunition to the police, which had been stored in a pig shed.

The letters of arrest and detention were given on 12 June 2018, three days after his arrest. Access to family is prohibited, whereas access to meet with his lawyer is limited.

Orpa Wanjomal (40 years old), Tsugomol’s stepmother, was wrongfully arrested together with Dekme because she was walking with him during the arrest. She was released on 12 June 2018.

List of articles cited from the Indonesian Criminal Code

170(1)                     Assault

170(1)                     Assault

340                         Murder

187                         Arson

55(1)(1)                  Assisting crime

365(1)                     Theft

365(4)                     Causing severe injury or death to another person

List of contributing sources

All source reports were verified by Papuans Behind Bars.

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Intimidation and Harassment of West Papuan Students and Civil Society Groups

Download in pdf format: PBB December 2017 EN

As part of a recently published compilation of human rights reports on West Papua, Papuans Behind Bars reported an overall decrease in the number of West Papuan political prisoners.[1] This trend, however, has not translated into a reduction in the incidence of abuse, harassment, and intimidation of West Papuan activists and their supporters across Indonesia.

This update, produced by Papuans Behind Bars (PBB), focuses on exposing police and military intimidation of West Papuan students and civil society groups outside of West Papua between September and December 2017. The reports were compiled by the Papuan Students Alliance (AMP)[2] in Java, and the West Papua National Committee (KNPB) Consulate[3] in Manado, and verified by Papuans Behind Bars researchers. Taken together, the cases presented in this brief report demonstrate a disturbing trend of civil and political rights violations, limiting freedom of expression and assembly. The frequency of arbitrary arrests further underscores the denial of the right to liberty for people working for social and political justice in West Papua.

The purpose of this update is to show that systematic violations of  West Papuans’ rights happen not only inside West Papua, but also throughout Indonesia. In recent years, West Papuan student dormitories have been targeted by the police, military, and local militias. The case of Obby Koyoga, arising out of a three-day police siege of a West Papuan dormitory in Yogyakarta (14 -16 July 2016), is an infamous example, and one condemned by hundreds of Indonesian civil society groups as racist and discriminatory.[4] PBB believes that there are many other similar incidents that are not reported, as patterns of abuse and intimidation are often normalised by many West Papuans.

PBB will continue to report this type of intimidation in the future, with a view to better understanding, documenting, and exposing the many forms of discrimination against West Papuans and their supporters, and the suppression of their civil and political rights.

Monitoring students

Manado, North Sulawesi

Front entryway (top) and courtyard (middle) of Cenderawasih V depicting Morning Star before police visited on 19 September 2017; Hiskia Meage, Head of KNPB Manado, surrounded by police on 9 November 2017 (bottom)

Front entryway (top) and courtyard (middle) of Cenderawasih V depicting Morning Star before police visited on 19 September 2017; Hiskia Meage, Head of KNPB Manado, surrounded by police on 9 November 2017 (bottom)

At approximately 7.30 am on Sunday, 17 September 2017,  three plainclothes police officers visited Kamasan V West Papuan student dormitory[5] in Manado, the capital city of North Sulawesi. They were reportedly looking for both the head of KNPB Consulate, and head of the dormitory, each of whom were away from the premises at the time. Not finding the persons they were looking for, the police then asked all of the dormitory residents to gather for a group photo. None of the students consented, despite police reportedly stating that they received an order from the police chief to build a “special relationship” with West Papuans. No warrant was provided.

Two days after the visit at Kamasan V, at approximately 10:30 am on 19 September 2017, five armed police officers burst into the kitchen of Cenderawasih V, another West Papuan student dormitory in Manado. While surveying the residence, they took photos of the Morning Star symbol depicted in the entryway and the courtyard. They left when students protested. Later that day, at around 2.15 pm, a larger force of police returned, with seven cars and six motorcycles, as well as some high level officers. Twenty-five students were arrested and brought to the local police station for interrogation before being released later that day.

At 7:30 am on Thursday, 9 November 2017, approximately two dozen security personnel returned to the Cenderawasih V dormitory, demanding that the painted Morning Star symbol on the premises be erased.[6] The students refused, and a fight

A plainclothes policeman removes the Morning Star, 9 November 2017 (top);  Police visit Cenderawasih V , 16 November 2017 (bottom)

A plainclothes policeman removes the Morning Star, 9 November 2017 (top);
Police visit Cenderawasih V , 16 November 2017 (bottom)

nearly broke out between police and students. Police had erased the symbol by midday. Shortly thereafter, eleven police officers came to relieve the initial group, and remained there until 7 pm.

One week later, police returned to Cenderawasih V on 16 November to talk about radicalism.Police also insisted that the Morning Star symbols, repainted since the previous incident, must be erased.

Tomohon, North Sulawesi

On Wednesday, 4 October 2017, at around 3 pm, eight police officers wearing body armour and helmets visited Kamasan VIII West Papuan student dormitory in Tomohon, a small town around 50 km from the provincial capital of Manado. Police wanted to take pictures of every single student residing in the dorm. None of the students consented, and reported feeling terrorised after the police departed.

Bandung, West Java

Government-sponsored Central Mamberamo student dormitory in Bandung was visited twice by police and plainclothes security forces during the period from September to December 2017. This follows several other police visits in the recent past, none of which had been publicly reported.

On 24 October 2017 at approximately 10 am, four uniformed police officers and three plainclothes agents  entered the building unannounced and without warrant. The security forces searched each bedroom, and asked for personal information of every student residing there, inquiring particularly into their daily activities and potential affiliations with student groups. A subsequent incident occurred on 1 November 2017 when eight police officers, one military officer, and two plainclothes agents entered the dormitory without permission at approximately 12 pm. The security forces interrogated each student, searched their bedrooms, and forcibly checked their mobile phones. The students reported that they felt terrorised by this incident.

Malang, East Java

Ikatan Mahasiswa Papua (IMAPA) or the Papuan Students League, held a 3-day seminar (3 – 5 November 2017) to welcome new West Papuan students to Malang. Malang is the second largest city in the province of East Java, and is located approximately 95 km from Surabaya, the capital of East Java. The purpose of the seminar was to provide new students with orientation information including topics such as adapting to living away from home, and opportunities for various extracurricular activities. At around 7 pm, security forces arrived uninvited at Villa Holanda, a private house on the mountain-side of Malang where the seminar was being hosted.

On the second day, local police pressured the owner of the venue to submit a permit request to them, despite there being no legal requirement to ask for police permission to hold a gathering at a private residence. Upon threats that the event would be forcibly dispersed, two students submitted a permit request and were heavily interrogated at the time of submission.

On 5 November, seven police officers including the head of the Malang police force, arrived during the closing of the West Papuan students’ seminar. In addition to creating an intimidating atmosphere, the police asked for the full list of seminar participants and the names of West Papuan students attending.

Jember, East Java

At approximately 3 pm on Friday, 17 November 2017, more than a dozen security forces personnel burst into a house rented by West Papuan students in Jember, East Java.[7] Three students who were sleeping in their rooms were woken and beaten, and their rooms ransacked. One Papuan student who attempted  to document the abuses was subsequently questioned and prevented from taking any documentation. The following day, the victims were taken to Jember police station. Police clarified to the students that they were not involved in the incident, they claimed that it was carried out by the members of the military.

11 November 2017: Ransacked student rooms (left, centre); Edmun Bawor's knee was swollen following abuse by security personnel (right)

11 November 2017: Ransacked student rooms (left, centre); Edmun Bawor’s knee was swollen following abuse by security personnel (right)

Jakarta

Jakarta_smsOn 28 November 2017, a number of West Papuan students received threatening text messages warning them not to participate in the upcoming 1 December demonstration. The message (image right) reads: “Brothers and sisters, all of you be careful about joining the demo on 1 December. Bob* and Phil* will not be arrested, because they often share information with intelligence agents. The police will shoot all of you… because they were shot at by TPN [the Papuan Liberation Army] in Tembagapura.”

* The names have been changed to protect identity

Two plainclothes police officers came to Jayawijaya West Papuan student dormitory - 15 Dec.2017

Two plainclothes police officers came to Jayawijaya West Papuan student dormitory – 15 Dec.2017

On 15 December 2017, two plainclothes police officers came to Jayawijaya West Papuan student dormitory in East Jakarta asking for the head of AMP Jakarta’s whereabouts.

Download in pdf format: PBB December 2017 EN

[1] Human Rights in West Papua 2017, http://www.humanrightspapua.org/images/docs/HumanRightsPapua2017-ICP.pdf
[2] AMP is a peaceful organization established on 27 July 1998 by West Papuan students based in Java and Bali. The main goal of this organisation is to achieve West Papua’s right to self-determination. It regularly holds protests across Java and Bali on significant historical dates for West Papua. Consequently, they have been victims of intimidation and mass arrests.
[3] KNPB Indonesia Consulate is a branch of the KNPB organisation based in Manado, Sulawesi. It was established on 26 March 2016. They hold peaceful protests and other non violent actions on significant historical dates for West Papua advocating for the right to self-determination. They have been victims of intimidation and mass arrests.
[4] “Court Ruling Criticised as Racist by Rights Activists” http://www.papuansbehindbars.org/?p=3666
[5] Ethnic-based student dormitories are a common feature on or near post-secondary campuses across Indonesia. They provide affordable housing options for students studying away from home. Some are sponsored by regional governments, while others are privately managed.
[6] http://celebesnews.id/2017/11/09/antisipatif-kodam-xiii-merdeka-dan-polisi-hapus-gambar-bendera-opm-di-manado/
[7] Jember is located east of Malang in the province of East Java, approximately midway between Surabaya and Denpasar, Bali.
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Joint West Papua report details deterioration in the last two years

More than 40 organisations in West Papua, Jakarta and worldwide have brought their analysis on the human rights and conflict situation in West Papua together. The executive summary of the 218-pages report explains how several human rights standards have deteriorated over the last two years. The report is compiled by the International Coalition for Papua (ICP) and the German Westpapua-Netzwerk (WPN).

The years 2015 and 2016 were characterized by a significant aggravation of the human rights situation in West Papua compared to previous years. Reports by local human rights defenders describe an alarming shrinking of democratic space. Although Indonesian President Joko Widodo pushed economic development and granted clemency to five long-term political prisoners, the police strictly limited even the most peaceful dissident political activities.

The full report can be downloaded here: www.humanrightspapua.org/hrreport/2017

A translated version of the report in Bahasa Indonesia will be available soon.

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Urgent Action: Papua Prisoner of Conscience Denied Parole (Amnesty International)

Political activist, Oktovianus Warnares was convicted of “rebellion” (makar) in 2013 after peacefully commemorating the 50th anniversary of the handover of Papua to the Indonesian government. He is a prisoner of conscience and should be immediately and unconditionally released.

Oktovianus Warnares, a prisoner of conscience who has served more than two thirds of his prison term, is eligible for parole. His sentence reduction, an otherwise automatic arrangement, was denied on the grounds that Oktovianus Warnares has to first declare on paper his allegiance to the state of Indonesia according to Government Regulation No. 99/2012.

Oktovianus Warnares, along with five other Papuan political activists, organised on 1 May 2013 a flag-raising ceremony of the Morning Star, a symbol forbidden under the Government Regulation No. 77/2007. The event was held in the vicinity of a government building in Biak Numfor, Papua province to commemorate the 50th anniversary of the handover of Papua to the Indonesian government by the United Nations Temporary Executive Authority (UNTEA).

The group was immediately arrested after the police opened fire on dozens who were gathering. Oktovianus Warnares and the other men were charged with “rebellion” (makar) under Articles 106 and 110 of the Indonesian Criminal Code (KUHP) and possession of ammunition and explosives under Article 1(1) of the Emergency Law No. 12/1951. His lawyer claimed that the police planted the evidence to incriminate them

On 10 February 2014, the Biak District Court convicted Oktovianus Warnares and the other Papuan activists guilty of all charges and sentenced him to three years’ imprisonment. Following the appeal process, the sentence has twice been extended; the Jayapura High Court increased the sentence into five years’ and then on 26 August 2014 the Supreme Court ruled his sentence to be seven years’ imprisonment. The other five activists have all since been released.

Please write immediately in English, Bahasa Indonesia or your own language urging authorities to:

  • Immediately and unconditionally release Oktovianus Warnares as he has been convicted and imprisoned solely for the peaceful exercise of his human right to freedom of expression, and
  • Stop evoking vague and overbroad legislation to arrest, prosecute and punish persons for peacefully exercising their human rights.

PLEASE SEND APPEALS BEFORE 11 OCTOBER 2017 TO:

Minister of Law and Human Rights

Mr. Yasonna Laoly
Ministry of Law and Human Rights
Jl. H.R. Rasuna Said Kav. 6-7,
Jakarta Selatan 12940Indonesia
Twitter: @Kemenkumham_RI
Fax: +62 (0)21 525 3004
Salutation: Dear Minister
Chief of the Presidential Staff Office
Mr. Teten Masduki
Gedung Bina GrahaJl. Veteran No. 16,
Jakarta Pusat 10110, Indonesia
Twitter: @KSPgoid
Fax: +62 (0)21 345 0009

Salutation: Dear Mr.  And copies to:

Chairperson of the National Human Rights Commission (Komnas HAM)

Mr. Nur Kholis
Jl. Latuharhary No. 4B
Menteng,Jakarta Pusat 10310, Indonesia
Twitter: @komnasham
Fax: +62 (0) 21 392 5227

Also send copies to diplomatic representatives accredited to your country! 

ADDITIONAL INFORMATION

Indonesia enshrines guarantees to freedom of expression and peaceful assembly in its Constitution and national legislation. But legislation continues to be used to criminalize peaceful political activities and to imprison people solely for the peaceful exercise of their rights to freedom of expression and opinion, peaceful assembly conscience and religion.

Article 6 of Government Regulation No. 77/2007 which prohibits the display of separatist logo or flags, and Articles 106 and 110 of the Criminal Code which prescribes a heavy punishment for “rebellion” (makar) with the maximum punishment of life imprisonment have been used to criminalize peaceful activism beyond the legitimate restriction on freedom of expression and association as set out in Article 19 of the International Covenant on Civil and Political Rights (ICCPR)  to which Indonesia is a State Party.

Amnesty International has also documented the use of excessive force and firearms as well as torture and other ill-treatment against political activists and others accused of links to pro-independence groups. Accountability for such acts is rare and, at most, security personnel only receive disciplinary, as opposed to criminal, sanctions. See other Amnesty International’s document for these issues: 

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 other political solutions.

Name: Oktovianus Warnares

Gender m/f: m
UA: 199/17 Index: ASA 21/7008/2017 Issue Date: 30 August 2017

 

 

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Court Ruling Criticised as Racist by Rights Activists

obby 1

A plain clothes police officer grabs Obby Kogoya by his nostrils and pulls him by his nose

obby 2

A plain clothes police officer uses his foot to push Obby Kogoya’s face into the ground.

Obby Kogoya, a victim of degrading treatment, was found guilty of attacking police officers by a district court yesterday in Yogyakarta, Indonesia (27/07/2017)). Rights activists condemned the ruling as racist and unjust. The verdict is part of the aftermath of one of the most racially-charged incidents targeting West Papuans that has occurred in recent years.

The incident in question occurred during the three-day siege of a West Papuan dormitory located in Yogyakarta (14-16 July 2016). Hundreds of police officers and civil militia prevented West Papuan students from holding a peaceful demonstration in support of the United Liberation Movement for West Papua’s (ULMWP) application for full membership status in the Melanesian Spearhead Group (MSG). Dozens of students were prevented from either entering or exiting the dormitory. Police prevented anyone, including the Indonesian Red Cross, from delivering food and water to the students inside. Tear gas was utilised by police multiple times. The students were continually met by racially-charged physical and verbal abuse. More than one hundred civil society organisations across Indonesia condemned the incident as racist, discriminatory, and a violation of the right tofreedom of speech.

On the second day of the siege, Obby Kogoya and eleven other West Papuan friends came to the dorm to deliver cassavas for the trapped students. They were attacked, beaten, and kicked by police and the civil militia, and subjected to verbal racial abuse. At this time, the infamous photos of Obby Kogoya receiving degrading treatment were captured (photos at top). Eight people including Obby Kogoya were subsequently taken to the police headquarters. Obby was the only one who was charged. He was cited under article 212 of penal code for the alleged crime of attacking police officers.

Over a year later, the court finally delivered its judgment. Obby Kogoya was found guilty and sentenced to four months in prison with one year probation. His defence lawyers, the Yogyakarta Legal Aid Institute, published a statement criticising the decision as racist. They stressed that the evidence of Obby Kogoya attacking police officers was not established during the trial. Further, while his lawyers also reported on the degrading treatment that Obby received from the police over the past year, there has been no sign of any follow-up investigation conducted by police. Obby Kogoya and his lawyers are presently discussing his option to appeal the verdict.

Additional sources:

http://www.humanrightspapua.org/news/23-2017/247-papuan-student-faces-six-month-imprisonment-sentence

http://www.thejakartapost.com/news/2016/07/15/police-arrest-seven-papuan-students-prevent-demo.html

http://www.thejakartapost.com/news/2016/07/19/police-websites-hacked-after-papuan-students-protest.html

http://tabloidjubi.com/eng/obby-kogoya-challenges-yogyakarta-polices-move-to-name-him-suspect/

http://www.thejakartapost.com/news/2017/07/27/papuan-student-sentenced-to-jail-over-resistance-to-police.html

http://www.humanrightspapua.org/news/23-2017/247-papuan-student-faces-six-month-imprisonment-sentence

http://www.humanrights.asia/news/ahrc-news/AHRC-STM-107-2016/?searchterm=yogyakarta%20papua

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