Daniel Gobay

Date of Birth30 on arrest
ChargesEmergency Law 12/1951
Date of Arrest15/02/2013
Case DetailsDaniel Gobay and Matan Klembiap were arbitrarily arrested and allegedly tortured along with five other men who were released the next day in connection with pro-independence activists. They were sentenced under charges of possession of weapons under the Emergency Law 12/1951.
Sentence6 months 15 days
Concerns Arbitrary detention, Torture on arrest, Torture in detention
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Daniel Gobay and Matan Klembiap were arrested at gunpoint on 15 February 2013 along with Arsel Kobak, Eneko Pahabol, Yosafat Satto, Salim Yaru and Obed Bahabol in connection with pro-independence activists. During detention at Jayapura police station they allegedly suffered torture, intimidation and degrading treatment when they told police that they had no knowledge of the whereabouts of pro-independence activists Sebby Sambom and Terianus Satto. Sebby Sambom is a former political prisoner who served time in jail for his involvement in peaceful mass demonstrations carried out by the West Papua National Committee (Komite Nasional Papua Barat, KNPB) in 2008. The seven men were allegedly kicked, beaten with rattan sticks, electrocuted and forced to take their clothes off.

On 16 February 2013, five of the seven men were released while Klembiap and Gobay were charged with possession of sharp weapons under the Emergency Law 12/1951. After being interrogated a few times without the presence of a lawyer, Gobay requested for legal representation. Police then arranged for him to be accompanied by lawyers from the Legal Aid Institute (Lembaga Bantuan Hukum, LBH).  On 23 April, Klembiap was transferred to Abepura prison. Local human rights sources reported Klembiap’s declining physical and mental states during detention in Abepura prison as a result of the torture he suffered in detention at Jayapura Regional police station.

In July 2013, the Public Prosecutor demanded an eight-month prison sentence for Klembiap. The following month, Gobay and Klembiap were sentenced to 6 months 15 days and 6 months 10 days respectively minus time already spent in detention. Gobay was released on 30 August 2013 while Klembiap was released five days earlier on 25 August.

Sources

Email correspondence with local human rights investigator, July – September 2013

Report received from human rights worker,  ”Laporan tentang ancaman terhadap Istri Matan Klembiab, oleh orang yang dipasang BIN,” 4 June 2013

Asian Human Rights Commission, “INDONESIA: Seven Papuans are arrested and tortured on false allegations of having a relationship with pro-independence activists,” 19 February 2013, http://www.humanrights.asia/news/urgent-appeals/AHRC-UAC-024-2013

Tabloid Jubi, “Tujuh Warga Papua Diduga Disiksa Oleh Polisi, 19 February 2013, http://tabloidjubi.com/?p=12970

Tabloid Jubi, “Tak Benar Polisi Siksa Tujuh Warga Papua,”20 February 2013, http://tabloidjubi.com/?p=13024

Suara Papua, “Dago Gobay Bantah Pernyataan Kapolres Jayapura,” 12 March 2013, http://suarapapua.com/2013/03/dago-gobay-bantah-pernyataan-kapolres-jayapura/

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