Filep Karma

Sentenced to 15 years’ imprisonment for the act of simply raising a flag, Filep Karma is undoubtedly the best-known political prisoner in West Papua. His release on 19 November 2015 was widely celebrated among Papuan civil society.

The son of a prominent local politician, originally from Biak island, Filep Karma studied political science in Java before working as a civil servant in Papua.

Mr Karma’s first conviction for treason occurred in the euphoric weeks following the fall of Suharto’s regime, as people all over Indonesia rose up to seize the new possibilities to express their aspirations and seek to redress the injustices of the dictatorship. Human Rights Watch has chronicled the demonstrations which broke out across Papua, when people were emboldened by a letter from a group of US Congress members which asked President Habibie to review the status of West Papua and East Timor. On 2 July 1998 Mr Karma led a demonstration in Biak where the Morning Star Flag was raised on a water tower near the harbour. Despite a confrontation with the police that same day, the demonstrators managed to defend the flag and the port for four more days.

The Morning Star flag is a symbol of Papuan identity and seen as treasonous by the Indonesian state. While it was allowed under Indonesia’s 2001 Special Autonomy laws relating to the governance of Papua, it was subsequently banned again by Presidential Regulation 77/2007.

Early on the morning of 6 July, the military took control of Biak Harbour. Eben Kirksey, an American anthropologist who happened to be in Biak at the time, reported that Filep Karma was shot in each leg, but survived. However he also recorded eye-witnesses telling of trucks laden with the dead and dying, and how local investigators claimed that 139 bodies were loaded onto two navy ships and dumped at sea. Thirty-two bodies were later washed up along the coast.

Andreas Harsono, a consultant for Human Rights Watch has recorded that 150 people were arrested that day, 19 of whom were brought to trial, including Filep Karma. On 25 January 1999 Mr Karma was sentenced to six-and-a-half years in prison, but he later appealed and was released after spending 18 months in detention. An article in local Papuan newspaper the Cenderawasih Pos confirmed that the charge was treason under article 106 of the Indonesian Criminal Code, and mentioned that around 2000 sympathisers were present at his trial.

After his release, according to Andreas Harsono, Mr Karma continued to work for the government, training new civil servants. On 1 December 2004, the day many Papuans regard as the anniversary of the granting of independence by the Dutch, Mr Karma was once again arrested for organising a flag-raising. In their report “Protest and Punishment – Political Prisoners in West Papua,” Human Rights Watch noted that Mr Karma had sent a letter to local police informing them of the intention to hold a celebration on Trikora Field, Abepura, that day. The event consisted of speeches, prayers and dancing (Mr Karma’s speech that day can be viewed on Youtube), during which the Morning Star flag was raised. Clashes broke out as police tried to take down the flag, and police fired into the crowd.

Mr Karma, together with Yusak Pakage was arrested the next day. National newspaper Tempo reported that as a protest against his detention, Mr Karma began a hunger strike, and also tied a white cloth over his mouth, refusing to speak.

During the trial process, according to Human Rights Watch, both Filep Karma and Yusak Pakage challenged the court’s authority to prosecute them, claiming they were West Papuan citizens, not Indonesians. The defence also protested the impartiality of one of the judges, after a series of inflammatory remarks. The judge in question had apparently told the police to “Smash in the head of Filep if he’s naughty” and even said “You be quiet, you want to die do you?” to a female pro-Karma protester as he punched and kicked her. The defence lawyers were also subjected to intimidation; a severed dog’s head was left outside the Jayapura Legal Aid (LBH) office with a threatening note addressing the two defence lawyers by name.

Once again there were huge public demonstrations in support of the two defendants, both inside and outside the courtroom. The force of this was felt on 10 May, as angry supporters protested the prosecution’s demand that the two men be sentenced to five years in prison. The Human Rights Watch report indicates that courtroom windows and vehicles were smashed, and the crowd tried to blockade the vehicle containing the two defendants so that Mr Karma could address the crowd directly. However, the police fought back and at least thirteen people, including two policemen, were injured in the clashes that followed. The Head of the Jayapura police and ten others were later demoted because of human rights violations that occurred during these protests, but subsequent hearings were protected by 300 police officers surrounding the court.

On 26 May 2005, Filep Karma and Yusak Pakage were found guilty of treason. Mr Karma’s sentence was 15 years, three times longer than the prosecution’s original demand that had triggered the angry protests two weeks previously. Defending the heavy sentences, the judges said there were no factors which could mitigate the sentences. Appeals to the Court of Appeals and Supreme Court were unsuccessful.

Mr Karma’s state of health in prison has been a source of concern since at least August 2009, when he was brought to the Dok II Hospital in Jayapura for kidney problems, according to the Solidarity Organization for Victims of Human Rights Abuses in Papua (Solidaritas Korban Pelanggaran HAM di Papua, SKPHP). The hospital recommended that he be transferred to Cikini Hospital in Jakarta to see a specialist in urological surgery, but the prison refused to pay for this treatment, although it is their legal obligation to do so. Instead, members of SKPHP in Jayapura and activists in Manokwari went out on the streets to raise money for the treatment. This way they were able to pay the costs of flights and accommodation for members of his family who supported him during the trip. Filep Karma was in Jakarta from 19 to 31 July 2010. The RP 60.8 million medical bill was paid for mostly by international NGOs (94%), and the remainder by the Provincial government of Papua.

As supporters mobilised to raise funds for his treatment, Mr Karma worked to draw attention to the plight of other political prisoners, especially Ferdinand Pakage who needed treatment for an eye injury after he was beaten by a prison guard. Local newspaper Tabloid Jubi reported Mr Karma as saying that he was holding back from leaving to Jakarta for treatment in order to leave together with Ferdinand Pakage, but that in the end he was forced to leave alone. A message from the prison reportedly received by West Papua Media even indicated that Mr Karma started a hunger strike on 5 October 2010, demanding adequate medical attention for Ferdinand Pakage, although no reports were received about how long this protest lasted.

Mr Karma continued to experience health problems until 2012, when local doctors recommended he should travel once again to Jakarta for a colonoscopy. A press release from his family published by West Papua Media stated that once again the Indonesian state refused to pay for this treatment. Once again Mr Karma’s supporters across Papua and internationally had to raise money for the treatment.

On 3 December 2010 Mr Karma was moved out of Abepura prison to the Papuan Police Headquarters. This was after a disturbance broke out in the prison, when prisoners learnt that Miron Wetipo, an inmate who had recently escaped, had been shot dead. Mr Karma, along with another political prisoner Buchtar Tabuni and three others were moved to the police station and accused of being the ringleaders. However, BUK Papua has reported that the two men were merely trying to negotiate a dialogue with the prison chief to investigate the shooting, and trying to prevent the prisoners from destroying the prison. Reports in local newspapers Tabloid Jubi and Bintang Papua reveal that the five men were charged with criminal damage under article 170 of the criminal code, and also that for some days after they were moved their lawyer was not able to visit them. Mr Karma once again refused food for a period in protest. They remained in the police station until 7 March 2011.

In 2011 Mr Karma was one of several Papuan political prisoners who was offered remission as part of Indonesia’s celebration of its independence day on 17 August. He refused this offer, saying that he would only accept unconditional freedom, accompanied by an apology to the Papuan people who have been killed, or oppressed, or who have had their land taken from them. A video of this refusal can be viewed on West Papua Media Alerts.

Because of the extremely long sentence he received for peacefully expressing his views, and possibly because of his own determination to stay firm with his beliefs even while behind bars, Filep Karma‘s case has attracted support from many international organisations and has also become a focus for campaigns against Indonesia’s repressive use of the treason laws. Human Rights Watch has repeatedly chronicled his case, and Amnesty International has described him as a prisoner of conscience since at least February 2005, while consistently campaigning for his release. In August 2011, 26 US Congressmen signed a letter to Indonesian President Susilo Bambang Yudhoyono requesting his release. A United Nations body, the Working Group on Arbitrary Detention has also issued a high-level opinion on Mr Karma’s case, claiming his detention represents a breach of articles 9, 10, 11 19 and 20 of the Universal Declaration of Human Rights, and demanding that he be immediately released and compensated.

There were reports of Filep Karma‘s family being targeted and physically attacked. Andrefina Karma, Filep’s daughter was allegedly deliberately hit by a motorcycle outside her house in Jayapura on 6 June 2013. The motorcyclist had reportedly been waiting around and monitoring the house when Andrefina was on her way back home from work, when he crashed into her when she entered the alley to her house. He had allegedly attempted to approach her after the crash, but left hurriedly when concerned neighbours came to the scene.

On 19 November 2015, Mr Karma was finally released via a special decade remission. While Mr Karma has repeatedly rejected clemency and remissions, due to the implicit admission of guilt to which he does not subscribe, in the event he was not given the choice to refuse this remission, but instead simply removed from the prison. Mr Karma was accompanied during his release by his lawyer Ms Olga Hamadi, of KontraS Papua.

Sources

Amnesty International, “Indonesia Prisoners of Conscience Action 2005,” 1 February 2005, https://www.amnesty.org/en/library/asset/ASA21/004/2005/en/8763d4e1-d51c-11dd-8a23-d58a49c0d652/asa210042005en.html

Andreas Harsono, “Belajar Dari Filep Karma,” 24 February 2011, http://www.andreasharsono.net/2010/11/belajar-dari-filep-karma.html

Bintang Papua, “Filep Karma and Buchtar Tabuni to face charges ‘for damaging public property’,” posted in translation by West Papua Media, 16 December 2011, http://westpapuamedia.info/2010/12/16/filep-karma-and-buchtar-tabuni-to-face-charges-for-damaging-public-property/

BUK Papua, “Filep Karma,” 9 August 2010, http://bukpapua.org/?p=19

BUK Papua, “Filef Karma dan Buktar Tabuni Dipindah Ke Kapolda Papua,” 5 December 2005, https://bukpapua.wordpress.com/2010/12/05/filef-karma-dan-buktar-tabuni-dipindah-ke-tahanan-kapolda-papua/

Cenderawasih Pos, “Filep Karma Divonis 6 Tahun Penjara,” 26 January 1999, http://groups.yahoo.com/group/irianjaya/message/536

Eben Kirksey, “What is Indonesia Trying to Hide in West Papua?” 17 October 2012, http://ebenkirksey.blogspot.fr/2012/10/what-is-indonesia-trying-to-hide-in.html

ETAN, “26 Members of the House of Representatives Write Indonesia President to Call for Release of Papuan Prisoner Filep Karma,” 19 August 2011, http://www.etan.org/news/2011/08filepletter.htm

Filep Karma, “Freedom for West-Papua speech,” 2004, posted on Youtube 6 April 2008,
https://www.youtube.com/watch?v=ul-wT09p9Bc

Freedom Now, “United Nations Declares Indonesia’s Detention of Filep Karma a Violation of International Law, Calls for Immediate Release,” 16 November 2011, http://www.freedom-now.org/wp-content/uploads/2011/11/Karma-Press-Release-FINAL2.pdf

Human Rights Watch, “Protest and Punishment – Political Prisoners in Papua,” February 2007, http://www.hrw.org/sites/default/files/reports/papua0207webwcover.pdf

Human Rights Watch, Indonesia: Human Rights and Pro-Independence Actions in Irian Jaya, 1998,
http://www.hrw.org/legacy/reports98/biak/biak.htm

Jubi, “Karma Continues His Hunger Strike,” posted in translation by West Papua Media, 11 December 2011, http://westpapuamedia.info/2010/12/11/karma-continues-his-hunger-strike-komnasham-unable-to-visit-filep-and-buchtar/

Tempointeractif.com, “Filep Karma Masih Mogok Makan dan Bicara,” 11 December 2004, http://www.tempo.co.id/hg/nusa/papua/2004/12/11/brk,20041211-15,id.html

West Papua Media Alerts,” Papuan Prisoner of Conscience Filep Karma in Jakarta for Medical Treatment,” 27 September 2012, http://westpapuamedia.info/2012/09/27/papuan-prisoner-of-conscience-filep-karma-in-jakarta-for-medical-treatment/

West Papua Media Alerts, “Filep Karma Refuses Indonesia’s Remission,” 20 August 2011, http://westpapuamedia.info/2011/08/20/filep-karma-refuses-indonesias-remission/

West Papua Media Alerts, “Emergency: Papuan Political Prisoner Filep Karma refusing to Eat,” 5 October 2010, http://westpapuamedia.info/2010/10/05/emergency-papuan-political-prisoner-filep-karma-refusing-to-eat/

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Papuans Behind Bars: August 2013

In brief

At the end of August 2013, there were at least 55 political prisoners in Papuan jails. There were scores of arrests this month that reflected police attempts to hinder peaceful demonstrations across Papua. All those arrested during the month of August werereleased from detention, most of them without charge. However in Sorong, four community leaders have been conditionally released from detention and charged with treason and incitement. In Wamena, two witnesses to a police murder were detained and released.

Daniel Gobay and Matan Klembiap of the Depapre case, as well as the six activists in the Abepura ammunitions case have been released. There have been reported concerns regarding the investigations into the Biak 1 May case and the Aimas 1 May trial. Indonesian security forces raided a Papuan Indigenous Council office and a church in Paniai. Filep Karma’s health condition worsened as he was once again denied adequate medical treatment.

Arrests

Four community leaders arrested following press statement in support of Freedom Flotilla

On 28 August 2013, at around 18:00 Papuan time, Sorong Regional police arrested four community leaders in the Old Maranatha Church, Sorong City. Apolos Sewa, Head of the Regional Indigenous Council (Dewan Adat Daerah, DAD), Yohanis Goram Gaman, Coordinator of DAD, Amandus Mirino and Samuel Klasjok were arrested after a prayer session and statement to the press in solidarity with a ‘Freedom Flotilla’ that is sailing from Australia to West Papua to highlight the human rights situation in West Papua.

According to reports from a local activist as stated in Tabloid Jubi, the prayer session and press statement were received enthusiastically by the local people who were in attendance. In support of the press statement – which welcomed the Freedom Flotilla – the Morning Star flag along with other aboriginal flags were unfurled. Shortly after, the four leaders were arrested and taken to Sorong Regional police station for questioning.

Information received from another local source stated that the four were conditionally released from detention after being interrogated overnight. The four activists were required to submit a statement to the police agreeing to cooperate with police investigators, to attend court proceedings and to report to the police twice a week. The Alliance for Democracy for Papua (Aliansi Demokrasi untuk Papua, ALDP) stated that on 2 September, the four men reported to Sorong Regional police station for the first time since their release on 29 August. ALDP also reported that human rights lawyers will coordinate with Sorong police to organise access for the four men to legal accompaniment. Reports in the Papuan press state they have been charged with treason and incitement under Articles 106 and 110 of the Indonesian Criminal Code.

Arrests and intimidation of civilians and activists participating in Papuan Cultural Parade

According to reports from local human rights sources, Indonesian security forces attempted to hinder demonstrations taking place as part of a Papuan Cultural Parade on 15 August 2013 in numerous cities in Papua. The Cultural Parade was held to commemorate the New York Agreement of 1962, which resulted in West Papua being handed over to Indonesia, and in support of the opening a Free West Papua Campaign office in the Netherlands.

Waena

A report received by email from a local activist in Jayapura, stated that four KNPB (Komite Nasional Papua Barat) activists Agus Kosai, Toni Kobak, Wim Rocky Medlama and 13 other unnamed KNPB members were arrested on 14 August while preparing for the Cultural Parade. The activists had planned to parade from the Jayapura suburb of Waena to the grave of Papuan leader Theys Hiyo Eluay in the suburb of Sentani on 15 August but were arrested by Jayapura Regional police. After being interrogated for several hours, they were released but police seized items to be used at the Cultural Parade, including banners, a generator, microphones and megaphones. An article by Papuan news site Warta Papua Barat reported that in Jayapura, approximately 800 security personnel were deployed to contain a Cultural Parade march from Jayapura to Waena. In the article, a local human rights activist has criticised this action, stating that the heavy police presence was excessive for a peaceful demonstration.

In Waena, hundreds of civilians were reportedly ‘kettled’ by armed police at Terminal Abe-Sentani. According to an activist interviewed in the abovementioned report, four police trucks, one armoured tear gas vehicle and one tank were deployed to contain the Cultural Parade.

Wamena

The same report received from local activists stated that in the highland town of Wamena, airport police confiscated five banners sent from Jayapura for the Cultural Parade on 15 August. When KNPB activists asked the authorities for an explanation, they were allegedly told that the banners carried illegal messages of separatism and that this would ‘interrupt’ Indonesian Independence Day on 17 August. An Indonesian military unit, a district military command personnel and a Brimob police special forces unit allegedly occupied the space where the activists intended to parade, hindering their ability to assemble.

Fak-Fak

Another report received from the Papuan Indigenous Council (Dewan Adat Papua, DAP) illustrated heavy police tactics in Fak-Fak leading up to the Cultural Parade celebrations on 15 August. On 8 August, Fak-Fak Regional police brought a convoy of vehicles to Sakartemin village and issued a statement banning the public from carrying out the Parade. On 10 August, police confiscated a bag belonging to civilian Firmansyah Iribaram at Fak-Fak port, as it had the Morning Star flag printed on it. When asked for an explanation, police allegedly stated that they had the right to confiscate the bag. On 12 August, the Head of Fak-Fak Regional police Dr. M. Yusuh led a convoy of police vehicles to Kramonggea district where they issued a similar statement banning any actions celebrating the Cultural Parade.

On 13 August, nine KNPB members were arrested by Fak-Fak Regional police in Brongkendik village in Central Fak-Fak district. Local activists reported that the nine activists – Arnoldus Kocu, Lahamis Weripang (the Head of KNPB Fak-Fak), Daniel Kaninggal, Susana Kramandodon, Tobias Hegemur, Salimin Renwarin, Alex Hindon, Matias Bahamba and Yahya Bahamba – were arrested by fully armed police. Human rights organisation Elsham Papua reported that the nine men were released a few hours later after being interrogated.

The same report by DAP also stated that on 13 August, Fak-Fak Regional police claimed that they were not able to provide Indigenous Solidarity Action for Human Rights and Democracy (Solidaritas Aksi Kaum Pribumi untuk HAM dan Demokrasi, SKPHD) with an official receipt of the group’s notice of intention to carry out the Cultural Parade on 15 August. On 14 August at around 13:30 Papuan time, a joint military and National police task force conducted mass arrests in several villages in the central region of Fak-Fak. Approximately 150 civilians were arrested, including the elderly, women and children, and taken to Fak-Fak Regional Police station. Upon hearing of the mass arrests, three of the coordinators of the Cultural Parade, Roy Mury, Samuel Rohrohmana and Dany Hegumur headed to the police station to secure their release. The three activists were detained and interrogated for several hours before being released. The three activists negotiated the release of the 150 civilians, who were then released after spending three hours in detention.

The report also highlights an incident at Fak-Fak Regional police station in which the women detained were allegedly forced to remove their clothing down to their underwear in a strip search. This was reportedly conducted by two female police officers in the female restrooms. A 16-year old girl who gave a testimony of the account to the Institute for Research, Investigation and Development of Legal Aid in Manokwari (LP3BH) said that she was instructed to enter the restroom where one of the policewomen undressed her while interrogating her on her reasons for going into the town centre. A press statement from LP3BH strongly condemned the actions of the two policewomen, arguing that they were in violation of Article 5 and Article 32 of Law 8/1981 of the Criminal Procedural Code  and violated the principle of the presumption of innocence. Fak-Fak Regional police later issued an apology to the women.

On 15 August, demonstrators joining the Cultural Parade from Teluk Patipi district were stopped by police at around 09:30 Papuan time and brought to the Fak-Fak Regional police station. One of the coordinators of the Cultural Parade secured a guarantee from the police of their quick release after interrogation. During the Parade, Indonesian security forces intercepted and searched different groups headed towards Thumburuni Market carpark in Fak-Fak, the gathering place for the Parade. The report also stated that there were allegedly instances of civilians being threatened that they would be shot if they took part in the Parade. A man named Yosua was allegedly severely beaten and as a result suffered rectal bleeding. Motorists and pedestrians alike were stopped and searched throughout the day, reportedly without the use of search warrants.

Timika and Nabire

Local activists report that there were also police attempts to disperse the Cultural Parade in Timika, but the Parade proceeded peacefully. There were similar reports of peaceful activity at the Cultural Parade in Nabire.

Journalist severely beaten in Paniai

According to sources from Aliansi Jurnalis Independen (AJI) Jayapura as reported by ALDP, on 15 August 2013 at around 16:20 Papuan time, Andreas Badii, a journalist with Papuan news site Bintang Papua was stopped on his motorbike and severely beaten by three Paniai Regional police officers. According to the Asian Human Rights Commission, Badii suffered from a torn lip and bloody nose as a result of the beatings and was taken to the East Paniai Sub-District Police Station some 500 metres from the scene. He was released after 30 minutes.

It is unclear whether the ill-treatment and arbitrary detention were inflicted due to Badii’s work as a journalist, or as part of general indiscriminate arrests and harassment of civilians in Paniai, which are not uncommon. Papuans Behind Bars has recorded 13 arbitrary arrests of civilians in Paniai this year, all of whom were later released without charge.

Witnesses to police murder detained in Wamena

A report received from a local human rights activist stated that on 8 August 2013, at around 10:30 Papuan time, two eyewitnesses to a police murder – ‘AW’ and ‘BK’ –  were arrested by Jayawijaya Regional police in Wamena. Brigadier Police officer Lusman Lua had allegedly fired two warning shots when an argument broke out between himself and Irwan Wenda, a civilian. AW and BK appealed to Lua not to shoot Wenda as he suffered from a mental illness. The report alleged that Lua reacted by shooting Wenda in the leg, stomach, head and left arm, killing him on the spot. The fatal shooting took place in the presence of four other Jayawijaya Regional police officers and the two eyewitnesses.

The five police officers then reportedly beat the two eyewitnesses without cause and brought them to the Jayawijaya Regional police station for interrogation. AHRC reported that the two were subjected to ill-treatment. With appeals from their family, they were released from detention several hours later. It is not known whether Lua has been charged or if any action has been taken against him.

Releases

Daniel Gobay and Matan Klembiap released

According to local sources, two activists detained since 15 February 2013 initially in connection with inquiries into the wherabouts of two pro-independence activists have been released. In August, Daniel Gobay and Matan Klembiap were sentenced to 6 months 15 days and 6 months 10 days respectively minus time already spent in detention for incitement and possession of weapons. Klembiap was released on 25 August 2013 while Gobay was released five days later on 30 August. Both men were tortured on arrest and in detention. The family of Matan Klembiap has also been the target of an alleged assassination attempt.

Six activists in Abepura ammunitions case released

Information received from a local source has reported the release of Denny Immanuel Hisage, Anike Kogoyo (female), Jhon Pekey, Rendy Wetapo, Jimmy Wea and Oliken Giay from Abepura prison in August 2013. The six activists were sentenced to ten months imprisonment under Emergency Law 12/1951 and Article 55 of the Indonesian Criminal Code. As reported in the July Update, in an interview with a local source, Hisage claimed that bullets were planted in his accommodation in order to fabricate evidence against them.

Political trials and cases overview

Prosecution of six 1 May Biak detainees

Newly received information from local human rights workers has clarified the identities of the six men detained in the Biak flag-raising case. They are known to be Oktovianus Warnares, Yoseph Arwakon, Yohanes Boseren, Markus Sawias, George Syors Simyapen and Jantje Wamaer.

On 1 May 2013, the six activists were arrested after police opened fire into a crowd of 50 people gathered for a flag-raising ceremony to commemorate the 1 May anniversary marking of the administrative transfer of West Papua to Indonesia. The six faced charges of treason and possession of weapons under Article 106, 53, 55 and 56 of the Indonesian Criminal Code and Article 1 of the Emergency Law 12/1951.

Local activists alleged that during the investigation, police attempted to plant incriminating evidence consisting of 49 bullets and three cartons of home-made bombs on the accused. On 2 July, the case was transferred to the Public Prosecutor only to be returned to police investigation on 10 July, reportedly due to the investigation report being incomplete and not yet receiving the status of ‘P.21’ , which indicates the completion of an investigation. Information received from local human rights lawyers states that on 29 August, the case was successfully transferred to the Prosecutor. Lawyers from the Legal Aid Institute (Lembaga Bantuan Hukum, LBH)in Jayapura have expressed willingness to represent the six  after their families submitted an appeal for legal aid. However, financial difficulties hinder their ability to provide legal accompaniment to the six activists, most of whom are farmers and cannot pay costs.

Unreliable witnesses presented in Aimas 1 May case

A report from online Papuan news site Tabloid Jubi stated that the trial for the Aimas 1 May case (see May Update) has begun. On 26 August 2013, witness examinations were conducted at the Sorong District Court. Three witnesses were presented by the Public Prosecutor. The report stated that only one out of the three witnesses, Mesak Takoy, had some knowledge of the incident that took place on 30 April commemorating 1 May, where seven people – Isak Klaibin, Klemens Kodimko, Obeth Kamesrar, Antonius Safuf, Obaja Kamesrar, Yordan Magabloi and Hengky Mangamis – were arrested and charged with treason under Articles 106, 108 and 110 of the Indonesian Criminal Code. According to LP3BH sources quoted in the report, Takoy had been Isak Klaibin’s neighbour for some time, but that he had no awareness of Klaibin’s alleged political activities and had no knowledge of nor had ever met the six other defendants.

Defence lawyers have objected to the Public Prosecutor’s submission of the two other witnesses – the head of Aimas District government and the head of the government National Unity office (Kesbang) in Manokwari – as they argued that the two individuals had not been present at the time of the incident on 30 April 2013. Defence lawyers also questioned the issue of a flag-raising pole, mentioned in the Investigation Report and Prosecution Letter, used as evidence against the seven activists. They argued that there was no such object present during the incident. Witness testimony is expected to continue in September.

Timika 1 May case transferred to Prosecutor

A local human rights lawyer has reported that the Timika 1 May flag raising case (see May Update) has been transferred to the Public Prosecutor. Another human rights source has stated that the five men – Domi Mom, Alfisu Wamang, Musa Elas, Eminus Waker and Yacob Onawame – are currently detained in Timika prison and that they are still without legal representation. The same source has also reported that the five men have been severely tortured and intimidated by police in detention.  As reported in our July Update, three of the men – Musa Elas, Yacob Onawame and Alfisu Wamang – have been suffering from deteriorating health. Their families have requested Mimika Regional police officials to provide them with adequate medical treatment at a hospital but no progress has been reported as yet.

Appeal to be submitted for Yapen Indigenous Day Celebrations case

Human rights lawyers have reported that they will be submitting an appeal against the sentencing of Edison Kendi and Yan Piet Maniamboi to two years’ and 18-months’ imprisonment respectively. The two men are no longer detained due to having already spent the maximum amount of time allowed in detention prior to the post-appeal verdict.

Yogor Telenggen accused of being involved in Pirime 2012 shootings

Information received via email from a local human rights source has revealed that Yogor Telenggen, who was previously reported as being involved in the 2012 shootings in Puncak Jaya against the Indonesian military, has now been accused of involvement in the Pirime, Jayawijaya case of 2012 and in the shooting of a motorist in Mulia Airport. It is thought that Telenggen is without legal representation, but this has not been confirmed. He has been in detention in Papua Provincial police station since 10 March 2013.

Verdict delivered for Atis Rambo Wenda

Recently received information from local sources reported that Atis Rambo Wenda, who was arrested on 4 April 2013 in Waena and was charged with violent crime under Article 170 of the Indonesian Criminal Code, was sentenced on 20 July to 10 months’ imprisonment. In the June Update, Papuans Behind Bars reported on the fears Wenda has of potential abuse he may suffer at the hands of Abepura authorities, leading him to decline much-needed medical treatment.

Appeal submitted for Bastian Mansoben

On 29 August 2013, human rights lawyers for Bastian Mansoben submitted an appeal against his sentence of 3 years and 6 months’ imprisonment, previously erroneously reported as 3 years’ imprisonment in the June Update. Mansoben was tortured on arrest by Biak police and beaten severely in detention.

Sarmi arrests trial continues to be postponed

A witness hearing on 28 August at the trial of Alex Makabori (alias Isak Demetouw), Daniel Norotouw, Niko Sasomar and Sileman Teno was postponed. Human rights lawyers have stated that the witness hearings have been postponed several times. This is reportedly due to the Public Prosecutor not being able to obtain witnesses. The Prosecutor has allegedly stated that military personnel who were witnesses have been transferred to Merauke, while civilian witnesses were not able to attend because they lived far away.

Cases of concern

Indigenous council members intimidated and threatened in large police operation in West Sentani

Information received from two local human rights sources report that on 12 August 2013, the office of the Papuan Indigenous Council (Dewan Adat Papua, DAP), which is also the residence of political prisoner Forkorus Yaboisembut, was raided in a police operation supported by the military. Reports received state that the DAP office, based in Sabron Yaru village in West Sentani district, was encircled by around 100 armed security officers arriving on 20 patrol motorcycles, two trucks from the Jayapura Regional police and one truck from the Batallion 751 Sentani division of the military. A report received from one of the local sources stated that at the time, the office was occupied only by one member of the organisation’s security outfit, National Papuan police and two DAP members, who were threatened with being shot if they did not remain seated and quiet.

The head of the Jayapura Regional Police, Roicke Harry Langi, who led the operation reportedly stated that their intention was to demand that DAP’s security organisationNational Papuan police no longer wear their custom-made uniforms. The security forces allegedly also stated that they were instructed by the head of Police and Commander of the Indonesian military to take immediate action against those who do not comply with the new rule. The National Papuan police are not considered to be an officially sanctioned institution by the Indonesian authorities.

Filep Karma’s health condition worsens, denied medical treatment again

A report received from the Jayapura branch of the Office for Justice, Peace and Integrity of Creation of Franciscans of Papua (SKPKC Jayapura) has revealed new concerns for  the health of Filep Karma, who has been diagnosed with heart disease by the medical team in Abepura prison. The medical team has advised special treatment at a public government hospital in Jayapura. Despite this the Head of Abepura prison has reportedly ignored three referral letters made by the Abepura prison medical team requesting Karma be given the treatment he requires.

Security forces raid Paniai church in search for weapons

Papuan news site Majalah Selangkah reported a joint police and military task force raid on the St Maria Magdalena Catholic Church in Pugodide region in Paniai regency on 4 August 2013. According to information Majalah Selangkah received from a local activist based in Paniai, the raid was conducted in the search for weapons allegedly owned by a group of suspected militants in Pugodide region.

A chronology of events as described by the local Paniai source stated that on 1 August, the Pugodide community received news regarding a distribution of livestock for 10 clans from three villages. Jonatan Bunai Gedeutopaa, a military official in Jayapura had requested that the Pugodide community gather in the compound of the St Maria Magdalena Church on 4 August for the livestock to be divided amongst them before the start of Sunday mass. While the distribution was being carried out, 15 Indonesian military officers arrived in three vehicles and proceeded to conduct searches on the community members, including women, children and the elderly, reportedly in search of weapons they say they believed were owned by suspected militants.

The security forces also reportedly forcibly entered the church, damaging the front door. The military officers ransacked the church, searched the area around the church and climbed onto the roof in their search for weapons.  The report also stated that Jonatan Bunai, and another military official Matias Bunai, who helped facilitate the livestock distribution, were not involved in the raid. No weapons were found. Security forces seized a total of IDR 16 million from the church and several handphones belonging to the community and brought the seized items to Paniai Regional police station in Madi. As reported in previous updates, the Indonesian military has often  harassed and intimidated civilians in Paniai in sweeping operations where personal items are seized without warrants. 

News

Governor Enembe visits political prisoners in Abepura

Political prisoner Selpius Bobii has issued a statement in reply to a recent visit by Lukas Enembe, the Governor of Papua, to Abepura Prison on 17 August 2013. The statement reiterates the rejection of offers of clemency on the part of the political prisoners in Abepura (which would require an admission of guilt), and highlights some of the conversations between Enembe and Filep Karma, Victor Yeimo and Selpius Bobii. In response to the Governor’s visit to his cell block, Bobii told the Governor that as political prisoners they reject clemency, and that the Papuan nation was ready to negotiate with Indonesia and reject Special Autonomy Plus. Enembe had reportedly told the prisoners to leave the pro-independence movement and work towards achieving freedom through prosperity.

August 2013 Papuan political prisoners

  Prisoner Arrested Charges Sentence Case Accused of violence? Concerns reported re legal process? Prison
1 Victor Yeimo 13 May 2013 160 3 years  (handed down in 2009) 2009 demo; 13 May Jayapura demo No Yes Abepura
2 Astro Kaaba 3 May 2013 Treason Unknown Yapen police death Yes Trial pending Serui police station
3 Hans Arrongear Unknown Treason Unknown Yapen police death Yes Trial pending Serui police station
4 Oktovianus Warnares 1 May 2013 106, Emergency Law 12/1951 Unknown Biak flag-raising, 1 May commemoration No Yes Biak police custody
5 Yoseph Arwakon 1 May 2013 106, Emergency Law 12/1951 Unknown Biak flag-raising, 1 May commemoration No Yes Biak police custody
6 Yohanes Boseren 1 May 2013 106, Emergency Law 12/1951 Unknown Biak flag-raising, 1 May commemoration No Yes Biak police custody
7 Markus Sawias 1 May 2013 106, Emergency Law 12/1951 Unknown Biak flag-raising, 1 May commemoration No Yes Biak police custody
8 George Syors Simyapen 1 May 2013 106, Emergency Law 12/1951 Unknown Biak flag-raising, 1 May commemoration No Yes Biak police custody
9 Jantje Wamaer 1 May 2013 106, Emergency Law 12/1951 Unknown Biak flag-raising, 1 May commemoration No Yes Biak police custody
10 Domi Mom 1 May 2013 Treason Unknown Timika flag-raising, 1 May commemoration No Trial pending Timika
11 Alfisu Wamang 1 May 2013 Treason Unknown Timika flag-raising, 1 May commemoration No Trial pending Timika
12 Musa Elas 1 May 2013 Treason Unknown Timika flag-raising, 1 May commemoration No Trial pending Timika
13 Eminus Waker 1 May 2013 Treason Unknown Timika flag-raising, 1 May commemoration No Trial pending Timika
14 Yacob Onawame 1 May 2013 Treason Unknown Timika flag-raising, 1 May commemoration No Trial pending Timika
15 Hengky Mangamis 30 April 2013 106, 107, 108, 110, 160 and 164 Trial ongoing Aimas shootings, 1 May commemoration No Yes Sorong police station
16 Yordan Magablo 30 April

2013

106, 107, 108, 110, 160 and 164 Trial ongoing Aimas shootings, 1 May commemoration No Yes Sorong police station
17 Obaja Kamesrar 30 April

2013

106, 107, 108, 110, 160 and 164 Trial ongoing Aimas shootings, 1 May commemoration No Yes Sorong police station
18 Antonius Safuf 30 April

2013

106, 107, 108, 110, 160 and 164 Trial ongoing Aimas shootings, 1 May commemoration No Yes Sorong police station
19 Obeth Kamesrar 30 April

2013

106, 107, 108, 110, 160 and 164 Trial ongoing Aimas shootings, 1 May commemoration No Yes Sorong police station
20 Klemens Kodimko 30 April

2013

106, 107, 108, 110, 160 and 164 Trial ongoing Aimas shootings, 1 May commemoration No Yes Sorong police station
21 Isak Klaibin 30 April

2013

106, 107, 108, 110, 160 and 164 Trial ongoing Aimas shootings, 1 May commemoration; accused of being TPN/OPM No Yes Sorong police station
22 Yahya Bonay 27 April 2013 Unknown Unknown Yapen police

death

Yes Trial pending Serui police custody
23 Atis Rambo Wenda 4 April 2013 170 10 months Accused of violent crime Yes Yes Abepura
24 Yogor Telenggen 10 March 2013 340, 338, 170, 251, Emergency Law 12/1951 Awaiting trial Pirime shootings 2012 Yes Yes Papua Provincial police station
25 Isak Demetouw(alias Alex Makabori) 3 March 2013 110; Article 2, Emergency Law 12/1951 Trial ongoing Sarmi arrests No Trial pending Sarmi
26 Daniel Norotouw 3 March 2013 110; Article 2, Emergency Law 12/1951 Trial ongoing Sarmi arrests No Trial pending Sarmi
27 Niko Sasomar 3 March 2013 110; Article 2, Emergency Law 12/1951 Trial ongoing Sarmi arrests No Trial pending Sarmi
28 Sileman Teno 3 March 2013 110; Article 2, Emergency Law 12/1951 Trial ongoing Sarmi arrests No Trial pending Sarmi
29 Boas Gombo 28 February 2013 Articles 24 and 66 of Law 24/2009 9 months Indonesian flag at PNG border No Yes Abepura
30 Andinus Karoba 10 October 2012 365(2), Law 8/1981 1 year 10 months Demak activist accused of theft Yes Yes Abepura
31 Yan Piet Maniamboy 9 August 2012 106 Trial ongoing Indigenous people’s day celebrations, Yapen No Yes Serui
32 Edison Kendi 9 August 2012 106 Trial ongoing Indigenous people’s day celebrations, Yapen No Yes Serui
33 Jefri Wandikbo 7 June 2012 340, 56, Law 8/1981 8 years Accused of violent crime in Wamena Yes Yes Abepura
34 Timur Wakerkwa 1 May 2012 106 2.5 years 1 May demo and flag-raising No No Abepura
35 Darius Kogoya 1 May 2012 106 3 years 1 May demo and flag-raising No No Abepura
36 Bastian Mansoben 21 October 2012 Emergency Law 12/1951 Trial ongoing Biak explosives case Possession of explosives No Biak
37 Forkorus Yaboisembut 19 October 2011 106 3 years Third Papua Congress No Yes Abepura
38 Edison Waromi 19 October 2011 106 3 years Third Papua Congress No Yes Abepura
39 Dominikus Surabut 19 October 2011 106 3 years Third Papua Congress No Yes Abepura
40 August Kraar 19 October 2011 106 3 years Third Papua Congress No Yes Abepura
41 Selphius Bobii 20 October 2011 106 3 years Third Papua Congress No Yes Abepura
42 Wiki Meaga 20 November 2010 106 8 years Yalengga flag-raising No Yes Wamena
43 Oskar Hilago 20 November 2010 106 8 years Yalengga flag-raising No Yes Wamena
44 Meki Elosak 20 November 2010 106 8 years Yalengga flag-raising No Yes Wamena
45 Obed Kosay 20 November 2010 106 8 years Yalengga flag-raising No Yes Wamena
46 Yusanur Wenda 30 April 2004 106 17 years Wunin arrests Yes No Wamena
47 Dipenus Wenda 28 March 2004 106 14 years Bokondini election boycott Unclear No Wamena
48 George Ariks 13 March 2009 106 5 years Unknown Unknown No Manokwari
49 Filep Karma 1 December 2004 106 15 years Abepura flag-raising 2004 No Yes Abepura
50 Ferdinand Pakage 16 March 2006 214 15 years Abepura case 2006 Yes Yes Abepura
51 Jefrai Murib 12 April 2003 106 Life Wamena ammunition store raid Yes Yes Abepura
52 Linus Hiel Hiluka 27 May 2003 106 20 years Wamena ammunition store raid Yes Yes Nabire
53 Kimanus Wenda 12 April 2003 106 20 years Wamena ammunition store raid Yes Yes Nabire
54 Numbungga Telenggen 11 April 2003 106 Life Wamena ammunition store raid Yes Yes Biak
55 Apotnalogolik Lokobal 10 April 2003 106 20 years Wamena ammunition store raid Yes Yes Biak

Papuans Behind Bars aims to provide accurate and transparent data, published in English and Indonesian, to facilitate direct support for prisoners and promote wider debate and campaigning in support of free expression in West Papua.

Papuans Behind Bars is a collective project initiated by Papuan civil society groups working together as the Civil Society Coalition to Uphold Law and Human Rights in Papua. It is a grassroots initiative and represents a broad collaboration between lawyers, human rights groups, adat groups, activists, journalists and individuals in West Papua, as well as Jakarta-based NGOs and international solidarity groups.

Questions, comments and corrections are welcomed, and you can write to us at info@papuansbehindbars.org

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Yusak Pakage

Yusak Pakage, a high-profile political prisoner between 2004 and 2010, was arrested again in 2012 while attending the trial of another political prisoner, and charged with possession of a penknife.

Mr Pakage’s first arrest occurred on 2 December 2004 in Abepura, after the Morning Star flag was raised the previous day. 1 December is commemorated by many Papuans as their ‘independence day,’ because the Dutch colonial government gave permission to raise a national flag on this day in 1961.

A profile published by Human Rights Watch (HRW) gives a detailed account of the demonstration and trial. HRW relates that the day started peacefully, with a demonstration and speeches. (A speech by Filep Karma, who was also arrested that day, can be viewed on Youtube). However, after the flag was raised, the police attacked the crowd. HRW quotes Mr Pakage’s description of events to the court:

“At the time that the Morning Star flag was raised, I was standing with a megaphone and coordinating with the local police. I don’t know who brought the flag or who raised it. I stood between the police and the masses whilst the police were firing at the crowd and the crowd was throwing rocks at the police. I was trying to control the situation so that both sides were cool-headed… The megaphone I was holding was destroyed by a bullet.”

In the trial, Mr Pakage claimed that the police had tricked him. He feared that Filep Karma had been arrested, and the police advised him and around twenty other people to go to the police station and request more information. When they arrived seventeen were arrested, and while the others were released, Mr Pakage was held to face trial. Together with Mr Karma he was charged with treason and conspiracy under articles 106 and 110 of the Indonesian criminal code, and of inciting hatred against the Indonesian state under article 154. In Mr Pakage’s case, initial charges of violence or threat of violence to a public civil servant (article 214) were eventually dropped, but only after they had been used to secure an additional 40 days in custody.

During the trial process, according to HRW, both Filep Karma and Yusak Pakage challenged the court’s authority to prosecute them, claiming they were West Papuan citizens, not Indonesians. The defence also protested the impartiality of one of the judges, after a series of inflammatory remarks. The judge in question had apparently told the police to “Smash in the head of Filep if he’s naughty” and even said “You be quiet, you want to die do you?” to a female protester as he punched and kicked her. The defence lawyers were also subjected to intimidation; a severed dog’s head was left outside the Jayapura Legal Aid (Lembaga Bantuan Hukum, LBH) office with a threatening note addressing the two defence lawyers by name.

There were huge public demonstrations of support for the two defendants both inside and outside the courtroom. The force of this was felt on 10 May, as angry supporters protested the prosecution’s demand that the two men be sentenced to five years in prison. The HRW report indicates that courtroom windows and vehicles were smashed, and the crowd tried to blockade the vehicle containing the two defendants so that Filep Karma could address the crowd directly. However, the police fought back and at least thirteen people – including two policemen – were injured in the clashes that followed. The head of the Jayapura police and ten others would later be demoted because of human rights violations that occurred during these protests, and subsequent hearings were protected by 300 police officers surrounding the court.

On 26 May 2005 Yusak Pakage and Filep Karma were found guilty of treason. Yusak Pakage‘s sentence was 10 years, twice as long as the prosecution’s original demand that had triggered the angry protests two weeks previously. Defending the heavy sentences, the judges said there were no factors which could mitigate the sentences. Appeals to the Court of Appeals and Supreme Court were unsuccessful.

A report in the Jakarta Post indicated that on 24 August, Mr Pakage managed to escape prison for a few hours, running away while a prison guard accompanied him to his house to fetch a book. He used the time to protest the fact that the letter authorising his continued detention was not signed by the Deputy Chief of the Supreme Court, whose name appeared on the letter, thus rendering it technically illegal. However he was recaptured a few hours later at the offices of Elsham Papua, a local human rights organisation.

Mr Pakage was released from prison on 7 July 2010. According to a report on the Media Indonesia website, he had been granted a pardon by the Indonesian President (Presidential Decision 5/G of 2010). The Head of the Law and Human Rights Ministry in Papua, Nazarudin Bunas, said that this was connected to an earlier visit of the Minister to Jayapura, when he had visited the prison. Nazarudin Bunas reportedly said he hoped that this would be a first step to reducing the sentences of other Papuan political prisoners, and that more pardons would be issued.

However, the patterns of repression have not been changed so easily in Papua. Yusak Pakage continued to be politically active, leading a movement known as the Street Parliament (Parlamen Jalanan). Two years later, on 23 July 2012, Yusak Pakage was arrested while attending the trial of another former political prisoner, Buchtar Tabuni. Tabuni had been arrested in connection with a riot in prison 18 months previously, although the arrest was widely believed to be motivated by a wave of intimidation targeting his organisation, the West Papua National Committee (Komite Nasional Papua Barat, KNPB).

Local newspaper Tabloid Jubi reported from the trial; angry at what was going on, Mr Pakage kicked over a rubbish bin. Spit stained with betel nut from the bin landed on the trouser-leg of a court official, Yosias Fonataba. The police came and arrested Mr Pakage, and on searching him they discovered he was carrying a penknife.

Mr Pakage was held for several weeks in Jayapura city police station. Concerned for his safety, Amnesty International issued an alert on 24 August 2012. Among their worries was the risk of torture (in Papua, police detention is believed to be far more dangerous than prisons in this regard), and the fact that despite suffering stomach pains and being unable to eat, Mr Pakage was being denied medical attention. In the month following his arrest, Mr Pakage had reportedly also not had access to a lawyer, and had claimed that interrogations had focussed on his political activism and support for other political prisoners rather than the charge he had been arrested for, which was confirmed as a violation of Emergency Law 12/1951 concerning sharp weapons. The Amnesty Alert also mentions that Mr Pakage had also been arrested three days prior to the court hearing as part of a group of 20 people who had been collecting money on the streets for sick political prisoners.

In interviews with local media website suarapapua.com, Mr Pakage said that he believed he had been arrested because of his background as a political prisoner. He related how Yosias Fonataba had come to the police station not long after the arrest, said that he didn’t want any further problems and forgave him for the incident. They signed an agreement making peace with one another, but then the head of the Abepura police station reportedly cancelled this agreement, saying he had new orders from his superiors.

According to Suara Papua,Mr Pakage was sentenced to seven months imprisonment on 13 December 2012.

Sources

Amnesty International, Urgent Action 251/12, 24 August 2012, https://www.amnesty.org/en/library/asset/ASA21/032/2012/en/1506e780-3c71-46f0-9057-94f41d8016ba/asa210322012en.html

Human Rights Watch, Protest and Punishment – Political Prisoners in Papua, February 2007, http://www.hrw.org/sites/default/files/reports/papua0207webwcover.pdf

Jakarta Post, Papuan Leader Back Behind Bars, 25 August 2005, http://www.thejakartapost.com/news/2005/08/25/papuan-leader-back-behind-bars.html

Media Indonesia, Yusak Pakage Terima Grasi, 8 July 2010, http://www.mediaindonesia.com/read/2010/07/07/154234/130/101/Yusak-Pakage-Terima-Grasi

Suara Papua, Yusak Pakage saya ditahan karena latar belakang tapol, 5 December 2012, http://suarapapua.com/2012/12/yusak-pakage-saya-ditahan-karena-latar-belakang-tapol/

Suara Papua, Yusak Pakage Di Vonis 7 Bulan Tahanan, 14 December 2012, http://suarapapua.com/2012/12/yusak-pakage-divonis-7-bulan-tahanan/

Tabloid Jubi, Yusak Pakage diringkus di Polsek Abepura, 23 July 2012, http://z.tabloidjubi.com/index.php/2012-10-15-06-23-41/jayapura/19720-yusak-pakage-diringkus-ke-polsek-abepura

Youtube, Filep Karma, Freedom for West-Papua speech, 2004, posted 6 April 2008,
https://www.youtube.com/watch?v=ul-wT09p9Bc

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Ferdinand Pakage

Ferdinand Pakage was a parking attendant in Abepura before he was arrested and sentenced to 15 years’ imprisonment as a consequence of the violence surrounding the events of 16 March 2006 in Jayapura, West Papua. A picket had started the day before, demanding the closure of the Freeport mine in Tembagapura, Timika, and the withdrawal of the police and military from the area. The Justice and Peace Secretariat (Sekretariat Keadilan dan Perdamaian, SKP) later published a detailed daily chronology of the events as they unfolded, which was compiled into a book “Memoria Passionis di Papua.” They record that clashes began at 12:15 on 16 March as some demonstrators threw stones and bottles at the police. The confrontation intensified as police tried to storm the blockade, and three policemen and one Air Force Intelligence officer died in the fighting. Another policeman died from his injuries a few days later on 22 March.

After the clashes, SKP reports that the police Mobile Brigades (Brigade Mobil, known locally as Brimob) carried out a sweeping operation along the road and into the mountains, entering houses and dormitories. Any Papuan they came across was beaten and brought to the Jayapura City Police Headquarters. The next day the sweeping continued, commencing at 08:00 with the police shooting wildly. By the end of the day, 73 people had been arrested. Most reports published later by human rights groups claim that one or two civilians were killed in these reprisals, alongside many injured.

A report by Human Rights Watch (HRW) profiled the case of Mr Pakage, and HRW consultant Andreas Harsono has also recounted a meeting with Mr Pakage on his blog. Both accounts indicate that the accusations against Mr Pakage started when his friend Luis Gedi was forced to give a name by police as they tortured him. Mr Pakage was accused of killing policeman Rahman Arizona, although both he and his family contend that he did not even participate in the riot.

In the account in Andreas Harsono’s blog, Mr Pakage explains that he was being beaten by twenty policemen, and so he said that he had thrown away the knife which was the supposed murder weapon outside the campus. The police took him there to look for it and couldn’t find it. They shot him in the foot, at which point he changed the story to say that the knife was at his house. The police went there and seized his mother’s vegetable knife.

The policeman who shot Mr Pakage in the foot is alleged to have been the Deputy Chief of Jayapura Police Station (Wakapolresta), Adjunct Senior Commissioner Aris Purbaya, according to a 2008 report on torture prepared by the Indonesia Working Group on Advocacy against Torture.

The Indonesian Working Group on Advocacy against Torture detailed the torture Mr Pakage was subjected to on 16 and 17 March. Aside from the shooting, Mr Pakage was allegedly slapped, punched, kicked and struck with a gun-barrel, leaving him with head injuries. The HRW report also mentions that boiling water was thrown at him. No lawyers or legal counsel were permitted to be present during the interrogation of Mr Pakage, and his family were also barred from visiting him.

The SKP chronology relates that on 20 March Paulus Waterpauw, the Director of the Papua Province Criminal Investigation Bureau (Reskrim Polda Papua), announced that suspects Luis Gedi and Ferdinand Pakage had admitted to attacking the police.

A total of twenty-three people were charged in relation to this case, but Mr Pakage and Mr Gedi were given the heaviest charges of all, according to an update on the case published by the SKP on 12 June 2006. They were charged with article 212 in conjunction with 214, para 2, which refers to resisting members of the security forces in the performance of their duties, resulting in loss of life of a security forces member.

After the trial, the ‘Advocacy team for the Abepura clash of 16 March 2006’ published a report into the trial proceedings. Their report claimed that the prosecutor and judges were focused on reaching an outcome that was already decided. The prosecutors and judges also reportedly based their arguments on the initial dossiers which had been prepared during the police investigation, ignoring the fact that most of the defendants refuted the contents of those dossiers as they contained statements made under torture. The atmosphere during the trial was said to be intimidating, with several uniformed and plain-clothes police and intelligence agents present at each session. At two of the sessions, on 17 and 24 May, defendants were injured or received death threats from Brimob members, after they rejected the indictments. On 12 July, members of the Brimob unit brought two family members of the policemen who had died in the incident to the detention room where they produced a knife and threatened the defendants to confess that they had murdered their relative.

An alert issued by Amnesty International relates that four of the defence lawyers involved in the case and three people from human rights groups working on the case were followed and received intimidating messages via SMS, including death threats.

The Advocacy Team’s report also notes that the 15-year sentence handed down to Ferdinand Pakage was three years in excess of the 12-year sentence requested by the prosecutor.

As the HRW profile reports, Mr Pakage was assaulted again in September 2008, this time by prison guards. One guard allegedly struck him six times with a rubber baton, while other guards punched and kicked him. One guard punched him while holding a lock and key, and punctured Mr Pakage’s eyeball. He was not taken to hospital for several hours, by which time the hospital was shut, and when he was finally seen the next day it was too late to save his eyesight.

Although it is the responsibility of the prison to provide for the health needs of detainees, they have thus far failed to do this in the case of Mr Pakage, as with many political and other prisoners. As is often the case in West Papua, this need was instead met by civil society. According to the Warta Papua Barat news website, a group called Solidarity with Victims of Papuan Human Rights Abuses (Solidaritas Korban Pelanggaran HAM Papua, SKPHP) started to collect money for Mr Pakage’s medical needs, as a result of his eye injury.

Articles in local newspaper Tabloid Jubi during 2011 state that the treatment required by Mr Pakage was not available in Papua, meaning he needed a transfer to Jakarta. However the prison refused to grant permission to leave together with fellow political prisoner Filep Karma, who also needed urgent medical attention. Mr Karma, whose medical costs for an operation in Jakarta were also raised by SKPHP, said that he intended to refuse to leave unless Mr Pakage came with him, but he was forced to do so by prison guards and officials from the Ministry for Justice and Human Rights.

On 16 June 2014, Mr Pakage was released from Abepura prison.

Sources
Advocacy team for the Abepura clash of 16 March 2006, “The report of the hearing of the case relating to the clash in Abepura on 16 March 2006 in the Abepura state court,” 21 August 2006, http://www.faithbasednetworkonwestpapua.org/userfiles/files/FurtherReading/GFSR(1).pdf

Amnesty International, ASA 21/015/2006, 5 September 2006, http://amnesty.org/en/library/asset/ASA21/015/2006/en/ada1adfd-f9d4-11dd-b1b0-c961f7df9c35/asa210152006en.pdf

Andreas Harsono, “Belajar Dari Filep Karma,” 24 February 2011, http://www.andreasharsono.net/2010/11/belajar-dari-filep-karma.html

Human Rights Watch, “Prosecuting Political Ambitions,” 22 June 2010 http://www.hrw.org/sites/default/files/reports/indonesia0610webwcover_0.pdf

Indonesian Working Group on Advocacy against Torture, “Annex-Shadow Report,” May 2008, http://www.elsam.or.id/downloads/1266673146_Annex_Shadow_Report_CAT.pdf

SKP Jayapura, Imparsial et al, “The practice of torture in Aceh and Papua 1998-2007,” February 2008, http://www.hampapua.org/skp/skp06/var-22e.pdf

SKP Jayapura, “Memoria Passionis di Papua 2006,” 2008, http://www.papuaweb.org/dlib/baru/skp-2008-mp2006.pdf

SKP Jayapura, “Civil rights of Abepura 16 March 2006 suspects
threatened,” 12 June 2006, http://lists.topica.com/lists/indonesia-act@igc.topica.com/read/message.html?sort=d&mid=812195950&start=28650

Tabloid Jubi, “SKPHP: Ferdinand Pakage Harus Berobat,” 16 February 2011, http://tabloidjubi.com/index.php/modules-menu/jayapura/11037-skphp-ferdinand-pakage-harus-berobat

Tabloid Jubi, “Filep Karma Sesali Pengobatan Ferdinand Pakage,” 1 May 2011, http://tabloidjubi.com/index.php/daily-news/jayapura/12025-filep-karma-sesali-pengobatan-ferdinand-pakage.html

Warta Papua Barat, “Pemerintah tidak peduli membiayai pengobatan tahanan politik Filep Karma dan Ferdinand Pakage,” 10 March 2010, http://www.wartapapuabarat.org/index.php/human-rights/154-human-rights/101-pemerintah-tidak-peduli-membiayai-pengobatan-tahanan-politik-filep-karma-dan-ferdinand-pakage

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Papuans Behind Bars: April 2013

In brief

At the end of April 2013 there were at least 40 political prisoners in Papuan jails. Throughout April there were reports of nine new arrests, including the arbitrary arrest and torture of civilians by police, particularly in the Puncak Jaya region, where harassment and threats have been widespread since the February shootings. There were more political arrests in Yapen island, Tambrauw and at the border with Papua New Guinea.

Markus Yenu was released without charge in March 2013. The Yapen Indigenous Day Celebrations case, Timika treason and explosives case and the Abepura ammunition case continues. The verdict for the Serui TPN camp case is being appealed while the verdict for the 1 May 2012 demonstration and flag-raising case has been upheld by the Jayapura High Court and no further appeal has been submitted. The trial for the Depapre torture case began this month for one of the two men accused.

Arrests

Arrest and alleged torture of non-violent activist on Yapen island in connection to police death

On 27 April 2013, Yahya Bonay, an activist from Serui, Yapen Island, was arrested and allegedly tortured by Yapen police. Local human rights sources report that police raided his home in Paseni village and tortured him during the arrest, severely beating him and dragging him out of the house. Bonay is currently detained in Serui police custody and is reportedly denied any visits from his family or friends. His arrest is allegedly in connection with a fatal attack on police officer Jefri Sesa earlier the same day. Local sources report that Bonay is allegedly facing torture in detention. It is unclear whether he has legal representation or what charges he is facing at the time of writing.

Activists in Tambrauw detained for reporting civilian deaths

The Asian Human Rights Commission (AHRC) has reported on the arbitrary detention and intimidation of two activists on 8 April who were taken from their house and interrogated by the Sausapor Sub-District Police in relation to their work reporting on the deaths of villagers in Tambrauw regency due to lack of medical treatment. Information gathered by activists Yohanis Mambrasar and his father, Hans Mambrasar, as well as other activists reveal that the deaths of Papuans in Tambrauw regency from November 2012 to March 2013 were due to lack of medical treatment for various sicknesses including diarrhoea and malnutrition.

Yohanis was questioned on the investigation that he, his father and other activists conducted regarding the deaths in Tambrauw regency. Two police officers interrogated him about organisations in Papua who were thought to be against the Indonesian government and the names of organisations he worked with. Hans was interrogated by four plainclothes police officers and was asked about his investigative reporting, the work of other activists, and journalists or NGOs that he was in contact with. He was also questioned about where he obtained funding to conduct his reporting activities. Both Yohanis and Hans were released without charge on the same day. Earlier in the month Yohanis and Hans Mambrasar and other activists investigating into the deaths in Tambrauw regency were followed by police officers who allegedly threatened and harassed them.

Arbitrary arrest of civilians under false allegations in the Puncak Jaya region

On 5 April 2013, local human rights investigators reported news of arbitrary arrests in Puncak Jaya, Tolikara and Paniai during March and early April. On 9 March 2013, a joint army and police task force arrested three civilians at the Old Market in Mulia, Puncak Jaya, allegedly to fill arrest quotas, as part of the continuing crackdowns against civilians thought to be harbouring pro-independence activists. According to witnesses interviewed by local human rights sources, Nonggop Tabuni, Delemu Enumby and Jelek Enembe were arrested based on false allegations.  Currently not much is known about where they are detained and what charges they may face. It is unclear whether they have access to legal counsel at the time of writing.

Local investigators have also reported an arrest in Tolikara under similar circumstances. On 1 April, Yosia Karoba, a farmer, was arrested in front of a kiosk by four Tolikara police officers after failing to provide a National Identity card (Karta Tanda Penduduk, KTP) and informing the police that he was from Puncak Jaya. He is currently detained in Tolikara police station and his family have no information regarding the reasons for his arrest, though are reported to fear for his safety and freedom from torture.

A joint report by the Kingmi, GKI and Baptist churches in Paniai has revealed that on 6 March 2013, Silwanus Kudiay, a civilian from Paniai, was arrested by police while he was at the Paniai Public Works office. He was detained after police conducted a search of his mobile phone and found the Morning Star symbol in his phone data. He was detained for four nights at the Paniai police station before being released.

While the arrests allegedly happened in March, these places are currently the site of, or close to, areas of military operations in West Papua. It is therefore extremely difficult and risky for affected civilians to get information out, and for human rights workers to investigate or verify the reports. The vulnerability of local and national journalists working in the territory is exacerbated by the severe restrictions placed on international journalists and human rights workers wishing to enter West Papua.

As reported in the March Update, following the Puncak Jaya shootings in February there has been an increase in the presence of security forces in the Puncak Jaya region and local sources have reported  the arbitrary arrest of innocent civilians who have suffered ill-treatment or torture and were later released without charge.  In the March Update, Papuans Behind Bars recorded the arrest and release of 11 civilians from Paniai, nine of whom were tortured or suffered ill-treatment during detention.

Youth arrested at the Indonesia – Papua New Guinea border for flag throwing incident

Local human rights activists have reported that a youth who was arrested on 28 February 2013 for lowering and stomping on an Indonesian flag at the immigration border between Indonesia and Papua New Guinea is currently being detained at Abepura prison. Boas Gombo had reportedly lowered the flag, threw it to the ground and stomped on it while shouting “Merdeka” (freedom) at immigration officials. He was first held in police custody before being handed over to prosecutors and subsequently transferred to Abepura prison on 8 April. Local activists have reported that Gombo does not have access to legal counsel and it is unclear what charges he may be facing at the time of writing.

Releases

Markus Yenu released

According to recently received information from a local source, Markus Yenu was released on 6 March 2013, the same day he was arrested and allegedly charged with treason by the Manokwari police in relation in a peaceful demonstration on 17 January 2013. The police have now decided not to pursue any course of action against him where previously they had claimed they had obtained sufficient evidence proving Yenu’s involvement in provoking acts of arson and destruction. Local human rights sources report that there have been renewed attempts to arrest Yenu. On 29 April 2013, Jayapura police raided the Mamberamo university dormitory in Jayapura, allegedly with the intention of arresting Yenu, but did not conduct the arrest as they lacked any basis for arrest.

Case of concern

Police raid house of human rights activist in search of KNPB leader

On 3 April 2013, a joint police force in plainclothes attire reportedly raided the house of human rights activist Iche Morip, a member of the Young Papua Baptists (Pemudi Baptis Papua) in search of Danny Wenda, chairman of the West Papua National Committee (Komisi Nasional Papua Barat, KNPB). Jayapura police arrived around 15:00 when Morip, his mother, 9-year old sister and relative were at home, causing them panic and trauma with their reportedly  aggressive behaviour.  The police interrogated Morip’s mother on Danny Wenda’s whereabouts and after failing to obtain any information began aggressively searching the entire house. Morip told independent Papuan news site Tabloid Jubi that a police officer had pointed his gun at her and her family during the search. Police allegedly searched other houses in the complex following this raid, kicking down doors and interrogating other residents in the area about Danny Wenda.

Political trials and cases overview

While some ongoing political trials can be seen as ‘purely’ political cases, others allegedly involve criminal as well as political elements. As some of these cases are more complex, Papuans Behind Bars is not always able to determine whether the defendants are political prisoners until the details of their trials are known. However, there are concerns that defendants in political trials are at risk of not receiving adequate legal representation or a fair trial. We therefore continue to report on the progress of all those political trials we are aware of.

Trial of Edison Kendi and Yan Piet Maniamboi in the Yapen Indigenous Day Celebration case continues

On 9 April, defence witnesses testified at the trial of the case of Edison Kendi, the National Federated Republic of West Papua’s Governor of Saireri region and Yan Piet Maniamboi, an activist involved with the West Papuan National Authority (Otoritas Nasional Papua Barat, WPNA), who were arrested on 9 August 2012 for their involvement in a peaceful march celebrating the UN Day of the World’s Indigenous Peoples Day in Yapen island.

According to West Papua Media, independent observers present at the hearing reported that the four defence witnesses testified that they suffered torture during their detention by Yapen police and were forced to confess. Prosecutor Matius Matulesi had allegedly threatened two of the witnesses who testified about their mistreatment in detention. While the hearing on 23 April was scheduled for the testimony of two police officers, their absence resulted in Prosecutor Matulesi calling on ex political-prisoner Jon Nuntian, and Jamal Omrik Manitori, who is currently facing charges for the Serui TPN Camp case, to testify against Edison Kendi and Yan Piet Maniamboi. Local human rights sources report that Jamal Manitori refused to take the stand and declined to sign an agreement to testify. Attempts to get political detainees to testify against each other are frequently reported in Papua. In the case of the Abepura Anti-Freeport demonstration in 2006, police lacking witnesses inflicted torture on detainees in order to get them to testify against each other.

Edison Kendi and Yan Piet Maniamboi both reportedly suffered beatings during their arrest and were denied access to food in detention. Kendi had testified previously about the torture he and Maniamboi had suffered in detention at Yapen police station and Serui prison where they were severely beaten and hit with wooden sticks and denied access to medical treatment for the injuries they sustained. Kendi had reportedly stated that his repeated applications for treatment outside prison were denied by Matulesi, while West Papua Media reports that Matulesi had also allegedly prevented Kendi from attending the funeral of his father, a basic right that other Indonesian prisoners have routinely been afforded.

Local human rights workers report that Edison Kendi has not been given permission to visit his wife who is suffering from anaemia and young daughter who has contracted malaria. According to a new report published by TAPOL, the wives and children of political prisoners in Papua often suffer discrimination and stigmatisation, and undergo economic hardship while the main breadwinners of the family is behind bars.

Timika treason and explosives case

The trial of the six KNPB activists charged with possession of explosives resumed on 16 April 2013. The Public Prosecutor, Andita Rizkianto called for a one-year jail term (minus time spent in detention) for Steven Itlay, Romario Yatipai, Paulus Marsyom, Jack Womsiwor, Alfret Marsyom and Yantho Awerkion. While the Prosecutor had previously called for Itlay, Yatipai, Marsyom, Womsiwor and Marsyom to be charged with the Emergency Law 12/1951, the legal defence team have reported that during the trial Rizkianto had instead argued for the five activists to be charged under Article 106 on treason, which carries a prison sentence of life imprisonment or a maximum imprisonment of 20 years. Their lawyers have also stated that Yantho Awerkion has also been charged with Article 106, in addition to Emergency Law 12/1951 for possession of explosives.

In considering the aggravating and mitigating circumstances, the Prosecutor argued that the actions of the six activists could potentially disrupt state stability but that they had also only participated in a peaceful demonstration under orders from the KNPB leadership. The legal counsel argued that the documents that have been presented did not demonstrate treason and that the activities the activists have participated in were legal acts protected by law. Gustaf Kawer, a legal counsellor for the activists, also stated that during the hearing there were no eyewitnesses confirming Yantho Awerkion’s possession of explosives, as stated in the Investigation report by the prosecutor, but that the police had forced Awerkion to confess to possession. Kawer added that the explosive material emerged after their arrest when they were in detention at Mimika police station, and this was then used as evidence to charge them. Additionally he stated that the six accused should be released immediately as there is no evidence proving their guilt.

Ivonia Tetjuari, another legal counsellor for the activists, argued that it was odd that the indictment against the five activists (all but Yantho Awerkion) switched from one of possessing sharp weapons to that of treason, which carries a maximum sentence of life or up to 20 years. The defence team submitted an appeal on 30 April, requesting that the six men be released due to a lack of evidence. The next hearing has been scheduled for 7 May, where the prosecutors will respond to the appeal submitted by the defence. The six activists have called for international support and advocacy from their cell Timika prison.

Abepura ammunition case trial resumes

The trial for the six KNPB activists arrested on 30 October 2012 in the Abepura ammunition case resumed at the Abepura district court on 16 April. Denny Imanuel Hisage, Anike Kogoya (female), Jhon Pekey, Rendy Wetapo, Jimmy Wea and Oliken Giay are charged with possession of ammunition under the Emergency Law 12/1951 and Article 56 of the Criminal Code.The six were allegedly arrested in a rented house containing ammunition. The activists are being provided with legal accompaniment by the Civil Society Coalition to Uphold Law and Human Rights in Papua.

At the hearing, Brigadier Yahones Rumainus was called to testify as a witness and was questioned regarding the arrest of the six activists. Rumainus’ account reportedly did not match the information provided in the police investigation report. He stated that he himself had not seen any ammunition taken from the rented house where the six activists were arrested and that he had only received information of the activists’ possession of ammunition from photos and what he had heard from the police. Denny Hisage informed local media sources that he and the other five activists did not see Rumainus at the time of their arrest and added that the Police did not have an arrest warrant and severely beat them during the arrest.

1 May 2012 Demo and Flag-raising case

Local human rights lawyers have reported that the appeal submitted to the Jayapura High Court on behalf of Darius Kogoya and Timur Wakerkwa has been rejected. The two men were convicted of treason for raising the Morning Star flag at a demonstration on 1 May 2012 requesting protection for human rights and sentenced to three and two-and-a-half years’ imprisonment respectively. Their lawyers have not lodged an appeal to the Supreme Court.

Trial of Depapre torture case begins for Matan Klembiap

The two men who were arrested on 15 February 2013 in connection with pro-independence activists Terianus Satto and Sebby Sambom, and continue to be detained, are receiving legal accompaniment from the Democracy Alliance for Papua (Aliansi Demokrasi untuk Papua, ALDP) following a request from their families. Matan Klembiap and Daniel Gobay are charged under Article 2 paragraph (1) of the Emergency Law 12/1951 for the possession of sharp weapons. All seven who were arrested allegedly suffered torture, intimidation and degrading treatment during their detention in Jayapura Police Station. Cory Silpa, a lawyer with ALDP who is accompanying the two men, stated on 23 April that Matan Klembiap has been transferred to Abepura prison and that his case has been referred to the Prosecution.

Prosecutor to appeal verdict of Serui TPN camp case

A representative of the West Papua National Authority (WPNA, Otoritas Nasional Papua Barat) has reported that Jamal Omrik Manitori, who was charged with treason in the Serui TPN training camp case has been sentenced to one year imprisonment. However the decision will be appealed by the Prosecutor who has demanded a sentence of four years’ imprisonment.

News

1 May demonstration ban violates freedom of expression

On 25 April 2013, Papua province Police Chief Tito Karnavian issued a statement supported by the new Governor of Papua Lukas Enembe, banning demonstrations in commemoration of the 1 May annexation of Papua, a repressive measure violating the fundamental rights of freedom of expression, association and assembly as guaranteed in the Indonesian Constitution. There have been unconfirmed reports of raids conducted in student dormitories on 30 April and arbitrary arrests and detention of activists in Timika. Papuans Behind Bars will monitor arrests related to the commemoration of 1 May, and provide a comprehensive report in our next Update.

Global push to address the situation of political prisoners in Papua

Following the launch of our website, Papuans Behind Bars has received many messages of support and solidarity from human rights activists around the world. This month has seen an increase in national and international public support pushing the Indonesian government to release Papuan political prisoners. Activists Marni Gilbert and Maire Leadbeater from West Papua Action Auckland have voiced their support for Papuans Behind Bars and plan to make political prisoners a campaign priority. Auckland radio station 95Bfm interviewed Septer Manufandu, the Director of the Papua Indigenous People’s Network, regarding the situation of Papuan political prisoners and highlighted the harsh sentences given to those arrested merely for raising the Morning Star flag. Pacific Media Watch has published an in-depth interview with Paul Mambrasar of Elsham Papua following the launch of the Papuans Behind Bars website. TAPOL has also released a new report, providing analysis of the situation of Papuan political prisoners, as well as their families and lawyers, featuring interviews with and stories of those who have been affected by the arbitrary arrests and ongoing violations in Papua.

The new “Free West Papua Political Prisoners” campaign headed by ex-political prisoner Herman Wainggai aims to raise awareness of West Papuan issues and gain support for the release of political prisoners.  National Papua Solidarity – NAPAS –  a coalition of Indonesian and Papuan human rights groups, have also highlighted the plight of political prisoners in Papua in their recent inaugural workshop and conference (see below).

NAPAS workshop and conference highlights plight of political prisoners and the state of freedom of expression in Papua

National Papua Solidarity (NAPAS) organised a workshop and conference from the 22 – 23 March, held at the Wahid Institute in Jakarta and supported by around 30 organisations and individuals from Indonesia and Papua including Bersatu Untuk Kebenaran (BUK, Unite for Truth), Forum Kerjasama (FOKER) LSM Papua, KontraS, Budi  Hernawan and Socratez Sofyan Yoman amongst others.

Human rights activists spoke at the event, highlighting the many human rights challenges facing Papua. Herman Katmo, an activist from the Democratic Movement for Papua (Gerakan Demokrasi Papua, Garda Papua) spoke of the shrinking of democratic space in Papua with the increase in restrictive measures against freedom of expression. Activist Usman Hamid highlighted the fact that there was no legal basis for the detention of political prisoners and that amnesty or the release of political prisoners is guaranteed in Article 14 of the 1945 Constitution. He discussed Indonesia’s history of presidential amnesties which he argued gave the SBY government no reason not to release political prisoners who have been detained because of their peaceful expression of political views. Sylvana Yolanda from Komnas Perempuan spoke on violence against women in Papua, arguing that there needs to be a change in perspective and behaviour towards the problems in Papua, stigmatisation of Papuan activists as ‘separatists’ and ‘traitors’ and lastly, the need for both State and society to conduct a genuine and sincere dialogue in the way of the customs and traditions of Papua.

The full report of the conference can be read online. The conference produced ten programme objectives that form the mandate of NAPAS, including the guarantee of the right to freedom of expression as laid out in the Constitution, bringing to justice perpetrators of human rights violations through national and international legal mechanisms and the unconditional release of political prisoners in Papua as one of the foundations for establishing dialogue and trust of the people of Papua.

‘Papua – Prison Island’ – opinion piece illustrating the situation of Papuan political prisoners

A contributor to Papuans Behind Bars has published an analytical report entitled ‘Papua – PrisonIsland,’ focusing on the issue of current and past political prisoners. Among the issues raised, the report analyses the ongoing targeting of past political prisoners, such as Buchtar Tabuni and Yusak Pakage, the lack of access to adequate healthcare as seen with the Wamena weapons arsenal case, the situation in Wamena, where obtaining accurate information is particularly difficult, and arrests following the raising of the Morning Star flag.

Political prisoners Edison Waromi and Selpius Bobii publish articles on eve of 1 May Commemoration

Political prisoner Edison Waromi, lawyer and the Executive President of the West Papua National Authority (WPNA, Otoritas Nasional Papua Barat) has published an article calling for unity among Papuans on the eve of the 50th anniversary of the annexation of West Papua. He stated that the declaration of the Federated Republic of West Papua in the Third Papua Congress on 19 October 2011, which led to his arrest as well as the arrests of Forkorus Yaboisembut, August Makbrawen Sananay Kraar, Dominikus Sorabut, Gat Wenda, and Selpius Bobii, gave Papuans the bargaining position needed to be accepted as a member of the Melanesian Spearhead Group (MSG). This, he argued, would give West Papua the access to the regional mechanism of the Pacific Islands Forum (PIF) that would provide a way of bringing the Papuan case to the United Nations. Selpius Bobii has also published an article commemorating 1 May, in which he examines the historical, legal and political issues surrounding Indonesia’s annexation of Papua. He addressed the discrimination and repression faced by Papuans, and called for international support and solidarity as well as a peaceful dialogue that would lead to Papuan independence.

Dominikus Surabut speaks on unacceptable prison conditions and the fundamental need for political rights from Abepura prison

Political prisoner, filmmaker and writer Dominikus Surabut speaks in a short video produced by Papuan Voices Jayapura and published by Engage Media. Surabut describes the inadequate healthcare received by political prisoners in Abepura prison, highlighting the responsibility of the State to fulfil this obligation. He also talks about the fundamental need for political rights, noting Indonesia’s ratification of the International Covenant on Civil and Political Rights (ICCPR). In October 2011, Surabut, along with Forkorus YaboisembutEdison Waromi, August Kraar, Gat Wenda and Selpius Bobii were arrested for their involvement with the Third Papuan People’s Congress and are still in detention in Abepura prison, convicted of treason.

17 arrested in Maluku over flying of French flag and rejection of former GAM banner in Aceh shine a light on Indonesia’s laws against separatism

On 28 March 2013, 17 miners were arrested in Buru Island, Ambon, Maluku, when police misidentified the French flag one of them raised in support of the French national football team to be the flag of the Republic of South Maluku (RMS), a group advocating independence. The miners were detained overnight and released the following day. In separate developments related to Indonesia’s law banning flags and symbols of outlawed organizations and separatist movements, the Indonesian government has demanded the annulment of a bylaw passed by the Aceh legislature that declares the banner of Free Aceh Movement (Gerakan Aceh Merdeka, GAM) to be the province’s official flag and seal. The deadline of 16 April was extended by 60 days as dialogue between the two sides continues. A similar situation in Papua under the Megawati administration in 2000 led to violent clashes during the forced lowering of the flag in Wamena, an incident widely referred to as ‘Bloody Wamena.’ In Maluku, previous disputes over separatist symbols and flags saw the alleged torture of 12 people found in the possession of an RMS flag in 2010 and the reported torture of 22 activists for raising the RMS flag in 2007.

In Papua, at least seven people are currently in detention for raising or being in possession of the Morning Star flag. Filep Karma is the most well-known victim of Indonesia’s repressive law against separatist symbols. Meki Elosak, Wiki Meage, Oskar Hilago and Obed Kosay were sentenced to eight years imprisonment in the  2010 Yalengga flag-raising case, while Darius Kogoya and Timur Wakerkwa were sentenced to 3 and 2.5 years respectively in the 1 May 2012 demo and flag-raising case in Abepura.

Information on Sarmi arrests as reported in March 2013 update

In the March Update Papuans Behind Bars reported on the arrests of Isak Demetouw (alias Alex Makabori) and Daniel Norotouw from Jayapura, and Niko Sasomar and Sileman Teno from Sarmi on 3 March 2013. New information from local human rights sources suggests that there is not enough information to confirm whether they can be considered as political prisoners – therefore the four men have been taken off the list of political prisoners in April 2013. However, due to the political element of the case, we will continue to report on the progress of the trial and any violations reported.

April 2013 Papuan political prisoners

Prisoner Arrested Charges Sentence Case Accused of violence? Concerns reported re legal process? Prison
Yahya Bonay 27 April 2013 Unknown Unknown Yapen police death Yes Pending Serui police custody
Yosia Karoba 1 April 2013 Unknown Unknown Paniai civilian arrests No Pending Tolikara police station
Nonggop Tabuni 9 March 2013 Unknown Unknown Paniai civilian arrests No Pending Unknown
Delemu Enumby 9 March 2013 Unknown Unknown Paniai civilian arrests No Pending Unknown
Jelek Enembe 9 March 2013 Unknown Unknown Paniai civilian arrests No Pending Unknown
Boas Gombo 28 February 2013 Unknown Unknown Indonesian flag at PNG border No Pending Abepura
Matan Klembiap 15 February 2013 110; Article 2, Emergency Law 12/1951 Trial ongoing Terianus Satto and Sebby Sambom affiliation No Yes Police detention, Jayapura
Daniel Gobay 15 February 2013 110; Article 2, Emergency Law 12/1951 Trial ongoing Terianus Satto and Sebby Sambom affiliation No Yes Police detention, Jayapura
Alfret Marsyom 19 October 2012 106, Emergency Law 12/1951 Trial ongoing Timika explosives case Possession of weapons Yes Timika
Jack Wansior 19 October 2012 106, Emergency Law 12/1951 Trial ongoing Timika explosives case Possession of weapons Yes Timika
Yantho Awerkion 19 October 2012 106, Emergency Law 12/1951 Trial ongoing Timika explosives case Possession of weapons Yes Timika
Paulus Marsyom 19 October 2012 106, Emergency Law 12/1951 Trial ongoing Timika explosives case Possession of weapons Yes Timika
Romario Yatipai 19 October 2012 106, Emergency Law 12/1951 Trial ongoing Timika explosives case Possession of weapons Yes Timika
Stephen Itlay 19 October 2012 106, Emergency Law 12/1951 Trial ongoing Timika explosives case Possession of weapons Yes Timika
Yan Piet Maniamboy 9 August 2012 106 Trial ongoing Indigenous people’s day celebrations, Yapen No Yes Serui
Edison Kendi 9 August 2012 106 Trial ongoing Indigenous people’s day celebrations, Yapen No Yes Serui
Timur Wakerkwa 1 May 2012 106 3 years 1 May demo and flag-raising No No Abepura
Darius Kogoya 1 May 2012 106 3 years 1 May demo and flag-raising No No Abepura
Paulus Alua 21 October 2012 Emergency Law 12/1951 Trial ongoing Biak explosives case Possession of explosives Yes Biak
Bastian Mansoben 21 October 2012 Emergency Law 12/1951 Trial ongoing Biak explosives case Possession of explosives No Biak
Forkorus Yaboisembut 19 October 2011 106 3 years Third Papua Congress No Yes Abepura
Edison Waromi 19 October 2011 106 3 years Third Papua Congress No Yes Abepura
Dominikus Surabut 19 October 2011 106 3 years Third Papua Congress No Yes Abepura
August Kraar 19 October 2011 106 3 years Third Papua Congress No Yes Abepura
Selphius Bobii 20 October 2011 106 3 years Third Papua Congress No Yes Abepura
Wiki Meaga 20 November 2010 106 8 years Yalengga flag-raising No Yes Wamena
Oskar Hilago 20 November 2010 106 8 years Yalengga flag-raising No Yes Wamena
Meki Elosak 20 November 2010 106 8 years Yalengga flag-raising No Yes Wamena
Obed Kosay 20 November 2010 106 8 years Yalengga flag-raising No Yes Wamena
Yusanur Wenda 30 April 2004 106 17 years Wunin arrests Yes No Wamena
Dipenus Wenda 28 March 2004 106 14 years Bokondini election boycott Unclear No Wamena
George Ariks 13 March 2009 106 5 years Unknown Unknown No Manokwari
Filep Karma 1 December 2004 106 15 years Abepura flag-raising 2004 No Yes Abepura
Ferdinand Pakage 16 March 2006 214 15 years Abepura case 2006 Yes Yes Abepura
Luis Gede 16 March 2006 214 15 years Abepura case 2006 Yes Yes Abepura
Jefrai Murib 12 April 2003 106 Life Wamena ammunition store raid Yes Yes Abepura
Linus Hiel Hiluka 27 May 2003 106 20 years Wamena ammunition store raid Yes Yes Nabire
Kimanus Wenda 12 April 2003 106 20 years Wamena ammunition store raid Yes Yes Nabire
Numbungga Telenggen 11 April 2003 106 Life Wamena ammunition store raid Yes Yes Biak
Apotnalogolik Lokobal 10 April 2003 106 20 years Wamena ammunition store raid Yes Yes Biak

Papuans Behind Bars aims to provide accurate and transparent data, published in English and Indonesian, to facilitate direct support for prisoners and promote wider debate and campaigning in support of free expression in West Papua.

Papuans Behind Bars is a collective project initiated by Papuan civil society groups working together as the Civil Society Coalition to Uphold Law and Human Rights in Papua. It is a grassroots initiative and represents a broad collaboration between lawyers, human rights groups, adat groups, activists, journalists and individuals in West Papua, as well as Jakarta-based NGOs and international solidarity groups.

Questions, comments and corrections are welcomed, and you can write to us at info@papuansbehindbars.org

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

In brief

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

At least 46 members of the West Papua National Committee (Komite Nasional Papua Barat, KNPB) were arrested in Jayapura and Merauke this month for participating in peaceful demonstrations. The demonstrators were urging the Indonesian government to release two French journalists who faced trial for breaching immigration rules. In likely reference to the Social Organisations Law (RUU Organisasi Kemasyarakatan, RUU Ormas), police claimed during the mass arrests that the KNPB is an illegal organisation as it is not registered with the Department of National Unity and Politics (Kesatuan Bangsa dan Politik, Kesbangpol) and affiliated symbols or attributes are also therefore illegal. Last June, police conducted a mass arrest in Boven Digoel under the same auspices. Indonesian human rights group Imparsial challenged the shutting down of peaceful demonstrations in Jayapura and Merauke, stating that freedom of expression in Papua is the worst in Indonesia, particularly when it comes to the treatment of KNPB rallies. The criminalisation of peaceful demonstrations, often under the auspices of the Ormas Law, restricts democratic space and stigmatises Papuan civil society groups.

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

In our July update we raised concerns regarding an incident which has come to be known as ‘Bloody Yotefa,’ that took place on 2 July at Yotefa market in Abepura. Early reports stated that three Papuan men were killed following a police raid on a gambling den at Yotefa market. At least four Papuan men from the Central Highlands were tortured and 40 people arrested according to a report from the Justice, Peace and Integrity of Creation Desk (Keadilan, Perdamaian dan Keutuhan Ciptaan, KPKC) of the Evangelical Christian Church (Gereja Kristen Injili, GKI). Following the raid on the market, police arrested and handed over two Papuans, including a 14-year-old boy, to a mob of non-indigenous Papuans who publicly tortured and beat them while police stood by, later continuing the job themselves at Bhayangkara Police Hospital. While police beatings, torture and killings of indigenous Papuans are not new phenomena, the public involvement of non-indigenous mobs to achieve this is a particular low point. Bloody Yotefa challenges the government perspective that torture and killings are carried out by a rogue police in isolated cells, showing instead that these arbitrary violations are becoming social events in which the non-indigenous community can participate. This dynamic perpetuates a culture of fear and domination in which indigenous Papuans are exposed to constant risk of public violence, even in traditionally ‘safe’ spaces such as hospitals and university campuses. Police discrimination and profiling of indigenous Papuans, especially those who come from the Central Highlands, makes them still more vulnerable to public torture, violence and arbitrary arrest.

Arrests

Mass arrests in Jayapura and Merauke during demonstrations to free French journalists

On 13 October a total of 46 members of the West Papua National Committee (Komite Nasional Papua Barat, KNPB) were arrested for participating in demonstrations in Jayapura and Merauke demanding the release of two French journalists, according to reports from independent human rights workers and the Papuan press.

In Merauke, 29 KNPB members were arrested at around 06:20 Papuan time as they prepared for a march to the Immigration Office in Merauke. They were released shortly after from Merauke Regional police station. At 08:30 the same day, Merauke police reportedly searched the KNPB Merauke Secretariat offices and confiscated posters, banners, various publications and pictures of the KNPB flag.

In Jayapura, 17 KNPB members were detained for several hours for holding a peaceful silent demonstration. KNPB Secretary Ones Suhaniap stated that Jayapura police had not issued a letter of acknowledgement of notice (Surat Tanda Terima Pemberitahuan, STTP) in reply to the KNPB’s notice of their intent to demonstrate. Police had previously stated that they considered the KNPB to be an illegal organisation as it was not registered with the Department of National Unity and Politics (Kesatuan Bangsa dan Politik, Kesbangpol).

Releases

Cultural group leader released

On 23 August 2014, a day after his arrest, Abner Bastian Wanma, the Head of Sanggar Budaya SARAK-Sorong, a Papuan cultural group, was released from detention in Raja Ampat Regional police station. According to information from the Institute of Research, Analysis and Development for Legal Aid (Lembaga Penelitian, Pengkajian dan Pengembangan Bantuan Hukum, LP3BH), Sanggar Budaya SARAK-Sorong were scheduled to perform at the opening of ‘Sail Raja Ampat’ the next day, an event aimed at promoting tourism to Raja Ampat that was attended by Indonesian president Susilo Bambang Yudhoyono. It appeared that the arrest was a pre-emptive move by the police to ensure that the performance of indigenous dance would not include any anti-Indonesian elements. The arbitrary arrest of Wanma echoes those of 23 men who performed the Cakalele dance at an event in 2007 in Ambon, Maluku which was also attended by Yudhoyono. During the event, the Benang Raja flag, a symbol of South Maluku independence was unfurled.

Political trials and cases overview

French journalists released; Trial for Areki Wanimbo to be held in Wamena

On 27 October 2014, Thomas Dandois and Valentine Bourrat were released from detention in Jayapura Immigration Office (Kantor Imigrasi Klas 1A Jayapura). They were sentenced to two-and-a-half-months imprisonment for breaching Article 122 of Law 6/2011 on Immigration. On 6 August, Dandois and Bourrat were arrested alongside five Papuans in Wamena. Areki Wanimbo, a tribal leader from Lanny Jaya, remains in detention in Papuan Police Headquarters in Jayapura. Lawyers from ALDP reported that his trial will be held in Wamena. He faces charges of conspiracy to commit treason under Articles 106 and 110 of the Indonesian Criminal Code.

Jayapura Administrative Court drops summons against human rights lawyer

On 29 October, the Jayapura Administrative Court (Pengadilan Tata Usaha Negara, PTUN) signed an agreement with Papuan human rights organisations to waive the summonses against human rights lawyer Gustaf Kawer. Papuan civil society groups such as the Institute of Research, Analysis and Development for Legal Aid (Lembaga Penelitian, Pengkajian dan Pengembangan Bantuan Hukum, LP3BH), the Civil Society Coalition to Uphold Law and Human Rights in Papua and the Working Group of Ecumenical Churches in Papua (Forum Kerja Oikumenes Gereja-Gereja Papua, FKOGP) had intervened and campaigned for the PTUN to drop the summonses against Kawer. The prominent human rights lawyer received a first summons on 22 August and a second one three days later. This was not the first time Kawer has faced the threat of prosecution for his human rights work. In 2012, he faced police intimidation when he represented the Jayapura Five who were accused of treason.

Pisugi Elections Boycott detainees may be forced to testify against each other

Lawyers with the Democracy Alliance for Papua (Aliansi Demokrasi untuk Papua, ALDP) reported that the five detainees in the Elections Boycott case in Wamena may be required to testify against each other.  Yosep SiepIbrahim MarianMarsel MarianYance Walilo and Yosasam Serabut remain in detention in Jayawijaya Regional police station as they await the start of their trial. They experienced torture and cruel and degrading treatment on arrest and in detention. On 12 July, they were arrested alongside 13 others who have since been released, allegedly for participating in a boycott against the 9 July Indonesian Presidential Elections. However the five detainees now face charges under Articles 187 and 164 of the Indonesian Criminal Code for conspiracy to endanger security of persons or property, for reportedly making and using explosives.

Stefanus Banal receives bone graft surgery

A report from the Justice, Peace and Integrity of Creation Office (Keadilan, Perdamaian dan Keutuhan Ciptaan, KPKC) of Franciscans of Papua stated that on 18 October, Stefanus Banal received bone graft surgery in Abepura hospital. On 19 May 2013, Banal was arrested under accusations of being involved in an arson attack on a police post in Oksibil in Pegunungan Bintang regency. Human rights workers reported that he was not involved in the attack. He was shot on arrest and underwent an initial operation where metal rods were inserted in his leg to realign his broken shin bone. The medical treatment he received in Bhayangkara Police hospital was criticised by human rights investigators as being insufficient. Abepura prison authorities have so far refused to pay for his medical costs. He was sentenced to one year and seven months imprisonment under Article 170 of the Indonesian Criminal Code for violence against persons or property.

Cases of concern

Report reveals extrajudicial killing, torture and mass arrests in ‘Bloody Yotefa’ incident

More information has been received revealing alarming details of an incident now known as ‘Bloody Yotefa’ that took place on 2 July 2014 in the vicinity of Yotefa market in Abepura, as stated in a report from the Justice, Peace and Integrity of Creation Desk (Keadilan, Perdamaian dan Keutuhan Ciptaan, KPKC) of the Evangelical Christian Church (Gereja Kristen Injili, GKI). As reported in our July update, a clash broke out between gamblers and two Jayapura police officers at a gambling den in Yotefa market that resulted in the death of a police officer. In the commotion, a firearm belonging to the deceased police officer was stolen by one of the illegal gamblers who then ran away. The report revealed that on top of the three people who were previously reported to have been killed, four people were also tortured and at least 40 arrests were made.

Two hours after the clash broke out, Jayapura police conducted a search operation in the area. The report states that according to a police spokesperson, the purpose of the search operation was to recover the firearm that was stolen. According to witness testimony, police fired three warning shots upon arrival at Yotefa market. Two farmers, 14-year-old Meki Pahabol and 20-year old Abis Kabak, were trading their produce at Yotefa market when they heard the shots. In a panic, they attempted to leave the area by boarding a public bus headed towards Koya, a different town. Police reportedly fired shots at the bus, prompting Pahabol to exit the vehicle in a panic. He was then chased by a group of non-Papuan immigrants who beat him with hammers and wooden planks. Pahabol was also stabbed with a knife by one of the immigrants. Abis Kabak, was forcefully pulled out of the vehicle by Jayapura police who then handed him over to a group of non-Papuan immigrants. He was chased and beaten with sharp weapons, hammers and wooden beams by the mob.

Both Pahabol and Kabak were taken to Bhayangkara Police Hospital where they experienced further torture in police custody. The KPKC report stated that the two Papuans were sent to the hospital along with eight other people who were injured, though it is not yet certain whether they too faced torture or ill-treatment. A police officer allegedly beat Kabak on the head repeatedly with a metal rod, which resulted in wounds requiring stitches. Pahabol and Kabak were also made to face a wall as they were repeatedly kicked by police officers wearing jackboots.

Upon receiving medical attention at Bhayangkara Police hospital, they were sent to a local police station. The KPKC report stated that upon their arrival at the police station, 17 other men were already in detention after being arrested in relation to the clash at Yotefa market. Five days later, on 7 July, Pahabol was released without charge. It is believed that the 17 other men were also released, but it is unclear exactly when. On 8 July, Kabak was sent to Bhayangkara Police Hospital to receive further medical treatment and was released from detention on 11 July. As a result of the torture he faced, Kabak required an operation on his lower jaw which was broken. He was unable to eat solid food for four weeks. He was reportedly denied any visitors while in hospital.

On 3 July, a day after the incident at the gambling den, Urbanus Pahabol and Asman Pahabol were arrested during a search operation at Kilo 9 in Koya. The two men were threatened at gunpoint and blindfolded as they were led out to a police truck. Police repeatedly intimidated the two men with death threats. They were driven to an unfamiliar place where they were then taken down from the truck and repeatedly beaten and kicked in turns by different police officers. They were questioned about the missing firearm that had been stolen and the murder of the police officer at the gambling den in Yotefa market. Asman Pahabol was hit on the elbow and wrist until he wet himself due to the pain he was suffering. Urbanus Pahabol was kicked and stabbed with a bayonet blade in the leg. His left eye and back were beaten with a wooden beam and he was kicked in the side four times by an officer wearing jackboots. He was also hit in the head with a hammer which was taken from his own home. Urbanus Pahabol was then forced to stay in a water basin containing cold water for approximately five hours. He was then hauled out and forced to march.

After enduring this torture, police then brought the two men to a local police station. On the way to the police station, they endured further torture as police whipped them with an electric cable. However, as the wounds faced by Urbanus Pahabol were so severe, police were forced to send him to Bhayangkara Police Hospital where he received 12 stitches to his face. Following this, Urbanus Pahabol and Asman Pahabol were taken to Papuan Police Headquarters to be detained. According to testimony from Urbanus Pahabol, police began to interrogate them on their third day in custody, even though the two men were without legal representation. They were questioned as to whether they took part in illegal gambling at the Yotefa market and whether they followed pro-independence activity. When Asman Pahabol answered that he did not, he was forced to squat while police beat and kicked him. During interrogation, he was also beaten and stabbed with a knife, reportedly to extract a confession that he supported pro-independence activity. On 7 July 2014, the two men were released. It was reported that there were 19 other people who were detained in Papuan Police Headquarters in relation to the same incident. They were also released the same day and were not given back the items that had been confiscated from them, including IDR 1,400,000 (about USD 115), three machetes used for farming, a laptop and two hand phones.

As reported in our July update, three indigenous Papuan men from the Central Highlands, Sabuse Kabak, Yenias Wanimbo and Demi Kepno who were not involved in the incident at the gambling den were killed in this incident. The KPKC report stated that according to testimony from a friend of Sabuse Kabak, on the day of the incident, Kabak was on his way to Kilo 9 in Koya when he was stabbed in the chest outside a Bank Papua branch close to Yotefa market. Yenias Wanimbo is believed to have been killed during the police search operation in Yotefa market following the earlier clash at the gambling den. Wanimbo was beaten to death around 100 metres from Yotefa market. It remains unclear who the perpetrators of the violence against Kabak and Wanimbo are. According to testimony from Demy Kepno’s girlfriend, Kepno was forced into a grey vehicle by several immigrant men while the police search operation was taking place. Later on his body was sent to Bhayangkara Police Hospital where it was found to have gunshot wounds to the stomach and back, stab wounds to the right shoulder and facial wounds as a result of blunt force trauma.

As at the end of October 2014, police have not conducted any investigations into the incident.

News

Note regarding removal of four detainees from the list of political prisoners

In this month’s update, we have removed four men –  Apolos Sewa, Yohanis Goram Gaman, Amandus Mirino and Samuel Klasjok – from the list of political prisoners. Papuans Behind Bars has not received any new information regarding the four men for more than a year. While they are technically still facing charges of conspiracy to commit treason, no steps have been taken so far to bring them to trial. As they are still at risk of re-arrest and trial, we will continue to report on their case should any new developments come to light.

October 2014 Papuan political prisoners

  Prisoner Arrested Charges Sentence Case Accused of violence? Concerns reported re legal process? Prison / Place of detention
1 Philemon Yarem 10 August 2014 Articles 106, 87, 53 Awaiting trial Nimbokran arrests Uncertain Yes Doyo Regional police station
2 Loserek Loho 10 August 2014 Articles 106, 87, 53 Awaiting trial Nimbokran arrests Uncertain Yes Doyo Regional police station
3 Sahayu Loho 10 August 2014 Articles 106, 87, 53 Awaiting trial Nimbokran arrests Uncertain Yes Doyo Regional police station
4 Enos Hisage 10 August 2014 Articles 106, 87, 53 Awaiting trial Nimbokran arrests Uncertain Yes Doyo Regional police station
5 Herman Siep 10 August 2014 Articles 106, 87, 53 Awaiting trial Nimbokran arrests Uncertain Yes Doyo Regional police station
6 Nius Alom 10 August 2014 Articles 106, 87, 53 Awaiting trial Nimbokran arrests Uncertain Yes Doyo Regional police station
7 Jhon Lakopa Pigai 10 August 2014 Articles 106, 87, 53 Awaiting trial Nimbokran arrests Uncertain Yes Doyo Regional police station
8 Gad Mabel 10 August 2014 Articles 106, 87, 53 Awaiting trial Nimbokran arrests Uncertain Yes Doyo Regional police station
9 Anton Gobay 10 August 2014 Articles 106, 87, 53 Awaiting trial Nimbokran arrests Uncertain Yes Doyo Regional police station
10 Yos Watei 10 August 2014 Articles 106, 87, 53 Awaiting trial Nimbokran arrests Uncertain Yes Doyo Regional police station
11 Matius Yaung 10 August 2014 Articles 106, 87, 53 Awaiting trial Nimbokran arrests Uncertain Yes Doyo Regional police station
12 Alpi Pahabol 10 August 2014 Articles 106, 87, 53 Awaiting trial Nimbokran arrests Uncertain Uncertain Doyo Regional police station
13 Areki Wanimbo 6 August 2014 Articles 106 and 110 Awaiting trial French journalists arrests in Wamena Uncertain Uncertain Papuan Police Headquarters
14 Pastor Ruten Wakerkwa 1 August 2014 Unknown Police investigation pending Lanny Jaya 2014 military raid arrests Uncertain Uncertain Lanny Jaya Regional police station
15 Sudi Wetipo 14 July 2014 Unknown Police investigation pending Boycott Pilpres 2014 in Wamena Uncertain Uncertain Jayawijaya Regional police station
16 Elius Elosak 14 July 2014 Unknown Police investigation pending Boycott Pilpres 2014 in Wamena Uncertain Uncertain Jayawijaya Regional police station
17 Domi Wetipo 14 July 2014 Unknown Police investigation pending Boycott Pilpres 2014 in Wamena Uncertain Uncertain Jayawijaya Regional police station
18 Agus Doga 14 July 2014 Unknown Police investigation pending Boycott Pilpres 2014 in Wamena Uncertain Uncertain Jayawijaya Regional police station
19 Yosep Siep 9 July 2014 Articles 187, 164 Awaiting trial Boycott Pilpres 2014 in Wamena Yes Uncertain Jayawijaya Regional police station
20 Ibrahim Marian 9 July 2014 Articles 187, 164 Awaiting trial Boycott Pilpres 2014 in Wamena Yes Uncertain Jayawijaya Regional police station
21 Marsel Marian 9 July 2014 Articles 187, 164 Awaiting trial Boycott Pilpres 2014 in Wamena Yes Uncertain Jayawijaya Regional police station
22 Yance Walilo 9 July 2014 Articles 187, 164 Awaiting trial Boycott Pilpres 2014 in Wamena Yes Uncertain Jayawijaya Regional police station
23 Yosasam Serabut 9 July 2014 Articles 187, 164 Awaiting trial Boycott Pilpres 2014 in Wamena Yes Uncertain Jayawijaya Regional police station
24 Alapia Yalak 4 June 2014 Unknown Police investigation pending Yahukimo arrests Yes Yes Papua Police Headquarters
25 Ferdinandus Blagaize 24 May 2014 Unknown Police investigation pending Merauke KNPB arrests No Uncertain Okaba District police station
26 Selestinus Blagaize 24 May 2014 Unknown Police investigation pending Merauke KNPB arrests No Uncertain Okaba District police station
27 Lendeng Omu 21 May 2014 Unknown Police investigation pending Yahukimo arrests Uncertain Yes Yahukimo Regional police station
28 Jemi Yermias Kapanai 1 February 2014 Articles 106, 108, 110 and Emergency Law 12/1951 On trial Sasawa military raid arrests Yes Yes Sorong
29 Septinus Wonawoai 1 February 2014 Articles 106, 108, 110 and Emergency Law 12/1951 On trial Sasawa military raid arrests Yes Yes Sorong
30 Rudi Otis Barangkea 1 February 2014 Articles 106, 108, 110 and Emergency Law 12/1951 On trial Sasawa military raid arrests Yes Yes Sorong
31 Kornelius Woniana 1 February 2014 Articles 106, 108, 110 and Emergency Law 12/1951 On trial Sasawa military raid arrests Yes Yes Sorong
32 Peneas Reri 1 February 2014 Articles 106, 108, 110 and Emergency Law 12/1951 On trial Sasawa military raid arrests Yes Yes Sorong
33 Salmon Windesi 1 February 2014 Articles 106, 108, 110 and Emergency Law 12/1951 On trial Sasawa military raid arrests Yes Yes Sorong
34 Obeth Kayoi 1 February 2014 Articles 106, 108, 110 and Emergency Law 12/1951 On trial Sasawa military raid arrests Yes Yes Sorong
35 Yenite Morib 26 January 2014 Unknown Police investigation pending Dondobaga church arrests Yes Yes Puncak Jaya regional police station
36 Tiragud Enumby 26 January 2014 Unknown Police investigation pending Dondobaga church arrests Yes Yes Puncak Jaya regional police station
37 Deber Enumby 4 January 2014 Emergency Law 12/1951 Police investigation pending Kurilik firearms arrests Yes Yes Papua Police Headquarters
38 Soleman Fonataba 17 December 2013 106, 110)1, 53, 55 Trial beginning on 6 August Sarmi 2013 Morning Star flag arrests No / not yet clear No On bail, cannot leave Sarmi
39 Edison Werimon 13 December 2013 106, 110)1, 53, 55 Trial beginning on 6 August Sarmi 2013 Morning Star flag arrests No / not yet clear No On bail, cannot leave Sarmi
40 Piethein Manggaprouw 19 October 2013 106, 110 2 years Third Papuan Congress demo in Biak No Yes Biak
41 Stefanus Banal 19 May 2013 170 )1 1 year and 7 months Pegunungan Bintang police raid 2013 Yes Yes Abepura
42 Oktovianus Warnares 1 May 2013 106, 110, Emergency Law 12/1951 7 years Biak flag-raising, 1 May commemoration Yes Yes Biak
43 Yoseph Arwakon 1 May 2013 106, 110, Emergency Law 12/1951 2 years and 6 months Biak flag-raising, 1 May commemoration Yes Yes Biak
44 Markus Sawias 1 May 2013 106, 110, Emergency Law 12/1951 2 years Biak flag-raising, 1 May commemoration Yes Yes Biak
45 George Syors Simyapen 1 May 2013 106, 110, Emergency Law 12/1951 4.5 years Biak flag-raising, 1 May commemoration Yes Yes Biak
46 Jantje Wamaer 1 May 2013 106, 110, Emergency Law 12/1951 2 years and 6 months Biak flag-raising, 1 May commemoration Yes Yes Biak
47 Hengky Mangamis 30 April 2013 106, 107, 108, 110, 160 and 164 1 year and 6 months Aimas 1 May commemoration No Yes Sorong
48 Yordan Magablo 30 April

2013

106, 107, 108, 110, 160 and 164 1 year and 6 months Aimas 1 May commemoration No Yes Sorong
49 Obaja Kamesrar 30 April

2013

106, 107, 108, 110, 160 and 164 1 year and 6 months Aimas 1 May commemoration No Yes Sorong
50 Antonius Saruf 30 April

2013

106, 107, 108, 110, 160 and 164 1 year and 6 months Aimas 1 May commemoration No Yes Sorong
51 Obeth Kamesrar 30 April

2013

106, 107, 108, 110, 160 and 164 1 year and 6 months Aimas 1 May commemoration No Yes Sorong
52 Klemens Kodimko 30 April

2013

106, 107, 108, 110, 160 and 164 1 year and 6 months Aimas 1 May commemoration No Yes Sorong
53 Isak Klaibin 30 April

2013

106, 107, 108, 110, 160 and 164 3 years and 6 months Aimas 1 May commemoration No Yes Sorong
54 Isak Demetouw (alias Alex Makabori) 3 March 2013 110; Article 2, Emergency Law 12/1951 2 years 2 months Sarmi treason No Yes Sarmi
55 Niko Sasomar 3 March 2013 110; Article 2, Emergency Law 12/1951 2 years 2 months Sarmi treason No Yes Sarmi
56 Sileman Teno 3 March 2013 110; Article 2, Emergency Law 12/1951 2 years 2 months Sarmi treason No Yes Sarmi
57 Jefri Wandikbo 7 June 2012 340, 56, Law 8/1981 8 years KNPB activist tortured in Jayapura Yes Yes Abepura
58 Timur Wakerkwa 1 May 2012 106 2 years and 6 months 1 May demo and flag-raising No No Abepura
59 Darius Kogoya 1 May 2012 106 3 years 1 May demo and flag-raising No No Abepura
60 Wiki Meaga 20 November 2010 106 8 years Yalengga flag-raising No Yes Wamena
61 Meki Elosak 20 November 2010 106 8 years Yalengga flag-raising No Yes Wamena
62 George Ariks 13 March 2009 106 5 years Unknown Unknown No Manokwari
63 Filep Karma 1 December 2004 106 15 years Abepura flag-raising 2004 No Yes Abepura
64 Yusanur Wenda 30 April 2004 106 17 years Wunin arrests Yes No Wamena
65 Linus Hiel Hiluka 27 May 2003 106 19 years and 10 months Wamena ammunition store raid Yes Yes Nabire
66 Kimanus Wenda 12 April 2003 106 19 years and 10 months Wamena ammunition store raid Yes Yes Nabire
67 Jefrai Murib 12 April 2003 106 Life Wamena ammunition store raid Yes Yes Abepura
68 Numbungga Telenggen 11 April 2003 106 Life Wamena ammunition store raid Yes Yes Biak
69 Apotnalogolik Lokobal 10 April 2003 106 20 years Wamena ammunition store raid Yes Yes Biak

Papuans Behind Bars aims to provide accurate and transparent data, published in English and Indonesian, to facilitate direct support for prisoners and promote wider debate and campaigning in support of free expression in West Papua.

Papuans Behind Bars is a collective effort initiated by Papuan civil society groups working together as the Civil Society Coalition to Uphold Law and Human Rights in Papua. It is a grassroots initiative and represents a broad collaboration between lawyers, human rights groups, adat groups, activists, journalists and individuals in West Papua, as well as Jakarta-based NGOs and international solidarity groups.

Questions, comments and corrections are welcomed, and you can write to us at info@papuansbehindbars.org

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August / September 2015: Shootings in Timika echo Bloody Paniai incident

In brief

At the end of August 2015, there were at least 45 political prisoners in Papua. At the end of September, the number of political prisoners remained the same.

In Timika alone, there were three separate incidents of shootings against young indigenous Papuans perpetrated by Indonesian security forces during the extended period of this Update. On 28 August, Imanuel Marimau and Yulianus Okare, both 23 years old, were shot dead by two soldiers from Military District Command 1710 (Komando Distrik Militer 1710, Kodim 1710) during a traditional ritual held in honour of a local man who had received a doctorate degree. At least five others were injured. On 28 September, two separate shootings occurred. The first involved the shooting of three teenagers by Mimika Baru District Police (Polsek Mimika Baru), resulting in the death of 18-year-old Kalep Bagau and the injuring of two others. While the motives behind the shootings remain unclear, witnesses allege that it was in response to an act of vandalism earlier that day. An hour following this incident, Niko Bedes, aged 21, was shot and seriously injured by two army officers after a motorcycle he was riding pillion on collided into their vehicle, on Yos Sudarso street in Timika.

In Jayapura, three young men were kidnapped and tortured by Jayapura City police officers over the alleged theft of a motorcycle. In another incident in Intan Jaya, students were brutally beaten by authorities, including the Regent of Intan Jaya, Natalis Tabuni, and police Mobile Brigades (Brigades Mobil, Brimob) officers under his instruction.

The willingness to resort to excessive use of force not only demonstrates a low standard of professionalism and discipline within security forces, but also shows a poor understanding of basic human rights obligations. This climate of increasing police and military brutality further exacerbates existing tensions and distrust towards state authorities amongst indigenous Papuans.

The arrests of students in Intan Jaya and Sorong who were protesting the poor state of the education system in Papua shows that it is not only political demonstrations that are shut down; restrictions on freedom of expression are wide-ranging and can affect any attempt to criticise the government.

Arrests

13 students arrested in Sorong for demonstrating against poor education system

On 13 August, 13 students were arrested by Sorong City Regional Police on their way to hold a demonstration demanding the resignation of the Sorong City Head of Education and Culture due to the poor state of the education system. Amad Rumalean, the Head of the Sorong Regional Police Criminal Investigation Unit (Kasat Reskrim), told Jubi that the demonstration was forcibly dispersed as the demonstrators did not have a letter of ‘consent’ from the police, thus making the action ‘illegal.’ It is believed that the 13 demonstrators have since been released without charge.

KNPB Merauke leader arrested during raid on secretariat

On 8 August 2015, at around 11:00 Papua time, Gento Emerikus, a KNPB leader from Merauke was arrested by police during a raid on the KNPB secretariat led by Marthin Koagouw, the Head of the Operational Division, (Kepala Bagian Operasional, Kabagops) of Merauke Regional Police. According to an eyewitness interviewed by Jubi, police reportedly cited a planned event boycotting Indonesia’s Independence Day on 17 August and prevented them from holding any gatherings. KNPB members denied planning a boycott. It is believed that Emerikus has since been released.

Two KNPB activists arrested and beaten for distributing flyers

On 16 September, two KNPB members, Hariel Luluk and Arpinus Magayong were arrested by Yahukimo police for distributing flyers announcing the outcome of the Pacific Islands Forum (PIF) meeting in Papua New Guinea. They were beaten in detention in Yahukimo Regional Police Station and were released without charge a few hours later.

Releases

Yoseph Arwakon released following sentence remission

On 17 August, Yoseph Arwakon, one of five remaining detainees in the Biak 1 May case was released after receiving remission. Remissions are regularly given to prisoners on Indonesian Independence Day. The four remaining detainees, Oktovianus Warnares, Markus Sawias, George Syors Simyapen and Jantje Wamaer continue to serve their sentences in Biak prison.

Three activists in Fakfak released

Information from KNPB activists in Fakfak reported that the three men arrested in Fakfak on 3 July 2015 for participating in a demonstration in support of the ULMWP have been released. Apnel Hegemur, Roy Marten Mury and Daniel Hegemur were detained for several hours before being released without charge.

UNIPA student leader released

Information from lawyers from the Institute for Research, Investigation and Development of Legal Aid, (Lembaga Penelitian, Pengkajian dan Pengembangan Bantuan Hukum, LP3BH) reported that Domingus Babika, a student at the State University of Papua (Universitas Papua, UNIPA) active in leading demonstrations in Manokwari, was released shortly after his detention on 1 May 2015. Babika was arrested for his role in leading a demonstration in Manokwari commemorating the 52nd anniversary of the administrative transfer of Papua to Indonesia.

Political trials and cases overview

Lanny Jaya torture case victims sentenced to three years’ imprisonment; Kelpis Wenda escapes prison

Lawyers from AlDP reported that on 20 August, Kamori Murib and Kelpis Wenda were sentenced to three years’ imprisonment for possessing a firearm under charges of Emergency Law 12/1951. The Public Prosecutor had previously called for a four-year sentence each for the two men. On 23 August, Kelpis Wenda reportedly escaped Wamena prison during a mass prison break.

The two men were arrested and tortured in relation to the possession of a pistol. They had reportedly intended to hand over a pistol belonging to a deceased relative to the Papuan Legislative Council (Dewan Perwakilan Rakyat Papua, DPRD) authorities in Puncak Jaya regency, in response to a weapons amnesty.

Palm oil plantation protestors sentenced

On 25 August, Obed Korie was sentenced to five months’ imprisonment while Odie Aitago to seven months. Prosecutor Katrina Dimara previously demanded a prison sentence of one year for Obed Korie and eight months for Odi Aitago. On 15 May 2015, the two men were arrested in Sorong for demonstrating against palm oil plantation company PT Permata Putera Mandiri (PPM), a subsidiary of the Austindo Nusantara Jaya Group. Korie and Aitago were among a group of indigenous Papuans from the Iwaro tribe who protested against PPM’s seizure of their customary land. They were charged with violence towards persons or property under Article 170 of the Indonesian Criminal Code. Korie is expected to be released in October and Aitago in December this year.

MSG demo detainees in Manokwari still detained at Brimob HQ

Lawyers with LP3BH reported that the four detainees – Alexander Nekenem, Narko Murib, Maikel Aso and Yoram Magai – arrested in May for their participation in a demonstration in support of the ULMWP bid for MSG (Melanesian Spearhead Group) membership remain in detention at the Brimob Headquarters (Mako Brimob) in Manokwari. Lawyers reported that their detention at the Brimob headquarters make access to healthcare, family and lawyers particularly difficult for the four detainees. The four men have been charged with incitement under Article 160 of the Indonesian Criminal Code.

ULMWP supporters detained in Biak to face trial in October

Human rights lawyers accompanying Apolos Sroyer, Dorteus Bonsapia and Wamoka Yudas Kossay reported that the trial for the three men will begin on 15 October. The three men face charges of incitement and spreading lies under Article 160 of the Indonesian Criminal Code and Article 14 of Law 1/1946 respectively. The three men are currently being detained in Biak Prison.

Piethein Manggaprouw sentence increased to three years

Kontras Papua lawyers accompanying Piethein Manggaprouw reported that his prison sentence was increased from two to three years following a court decision of an appeal launched by the Prosecution. On 19 October 2013, Manggaprouw was arrested for leading a peaceful demonstration in Biak commemorating the Third Papuan Peoples’ Congress.

Markus Sawias sentence increased to four years

KontraS Papua reported that Markus Sawias, one of the four remaining detainees in the Biak 1 May case received an increased prison sentence of four years following a decision on a second appeal launched by the Prosecution. On 1 May 2013, Sawias was one of six people arrested following a peaceful flag-raising ceremony at which police opened fire.

Cases of concern

Three teenagers shot by district police in Timika; one dead, two injured

Information received by local human rights investigators reported that on 28 September, at around 19:00 Papuan time, three teenagers were shot by Mimika Baru District Police (Polsek Mimika Baru) at Gorong-Gorong market in Timika regency. While the motive behind the shooting remains unclear, according to witness statements recorded by local investigators, the shootings were reportedly in response to the vandalism of a house. 18-year-old Kalep Bagau was shot dead while two other teenagers, Efrando Sabarofek and Bastian Korwa, both 17 years old, sustained injuries.

Reports containing testimonies from the surviving victims stated that the three teenagers were idling away time by the Tiang Tower in Timika when three Mimika Baru District police officers in a patrol car stopped and threatened them. The officers reportedly told the teenagers: “Leave this place. If not, we will shoot you. (Kamu bubar dari tempat itu, kalau tidak kamu dapat tembak).” One of the teenagers replied: “Brother, we are just sitting here, we are not doing anything. (Kaka, kami hanya duduk-duduk saja, kami tidak buat apa-apa).” Following this response, the police drove away. Sometime later, the three teenagers decided to head to Biak Complex (Kompleks Biak Jalur Satu). On their way there, they noticed the patrol car from earlier on parked outside a residence. As they were passing, the three Mimika Baru District police officers opened fire on them from a distance of about six to seven metres away.

Bagau, a high school student at Hope Vocational High School (SMK Harapan), was shot in the chest and died shortly afterwards. Sabarofek was shot on the left side of his chest and inner right thigh. Korwa was shot on the ride side of his chest with a rubber bullet. Both surviving teenagers, Sabarofek and Korwa, managed to escape from the police, and were brought to Timika General Hospital (Rumah Sakit Umum Timika). According to testimony from one of the surviving victims, shortly after the shootings, security officers arriving in three cars and several motorcycles had gathered at the scene of the shootings. While the motive behind the shootings remain uncertain, witness testimony alleges that it may have been in response to a vandalism on the residence where the patrol car was parked earlier that day.

Latest information from the surviving victims reported that Sabarofek’s condition remains critical and he is currently seeking medical treatment, while Korwa sustained light injuries. Local human rights investigators stated that police have not taken responsibility for medical costs. Reports also alleged that parents of the two victims have been threatened by police officers. Police have reportedly telephoned them threatening that their sons would be detained. Families of the victims have requested human rights defenders accompanying the survivors to seek answers to why police had shot the three teenagers.

Two Papuans shot dead by soldiers in Timika

On 28 August, Imanuel Marimau and Yulianus Okare, both 23 years old, were shot dead while at least five others suffered injuries when two soldiers from Military District Command 1710 (Komando Distrik Militer 1710, Kodim 1710) opened fire on a group of people in Koperapoka in Mimika Regency. Chief Sergeant Serkha Makher and First Sergeant Sertu Arshar were reportedly drunk when they interrupted a traditional ritual held in a church courtyard by members of the Kamoro tribe in Timika in honour of a local man who had received a doctorate degree.

According to information from Timika-based investigators, two army officers arrived on motorcycles in an intoxicated state and attempted to disrupt the celebrations. After being told that they were not welcome at the event, the soldiers reportedly left, only to return a short while later with rifles and bayonets. They then allegedly began threatening the group of people with their weapons before leaving the church courtyard and positioning themselves on the road outside. Reports state that the soldiers then fired shots at the group, killing two and injuring at least four others. Reports state that Mairimau died after he was shot at the back of the head, while Okoare died from a gunshot wound in the stomach. Marthinus Afukafi, Martinus Imputa, Thomas Apoka, Moses Imipu and Amalia Apoka suffered gunshot injuries and were later hospitalised. According to reports in Jubi, there may be more victims of the shooting, but data was unavailable as security forces restricted human rights investigators from collecting information on victims hospitalised at Mimika General Hospital (Rumah Sakit Umum Daerah Mimika).

According to a report from Jubi, Lieutenant Colonel Andi Kusworo, the District Military Commander of Kodim 1710, stated that a new regulation would be issued regarding restrictions on soldiers carrying weapons while in towns. On 28 August, the two soldiers were arrested and detained in the Military Police office in Timika. According to a military spokesperson, the soldiers had allegedly acted in self-defence after being attacked by members of the group who participated in the celebrations.

On 7 September, the National Human Rights Commission (Komisi Nasional Hak Asasi Manusia, Komnas HAM) sent a monitoring team to Timika tasked with collecting data on the incident. Komnas HAM Chief Nur Kholis criticised the lack of transparency in investigations conducted by relevant state institutions. The military is reported to be conducting its own investigations into the incident.

Local and international civil society groups, including church and student organisations, have strongly condemned the shootings. The Council of Pacific Churches (Dewan Gereja-Gereja Pasifik) urged Indonesian authorities to address arbitrary killings, torture and human rights violations in Papua. On 4 September, demonstrators from the Papuan Students Alliance (Aliansi Mahasiswa Papua, AMP) in Malang demanded that the perpetrators be brought to trial and the military be withdrawn from Papua.

Army officers shoot Papuan man over roadside accident

Reports from Timika-based human rights defenders stated that on 28 September, a 21-year-old man named Niko Bedes was shot by two army officers following a roadside accident. While this incident took place shortly after the shootings of three Papuan teenagers by Mimika Baru District police officers (see item above), it appears to be a separate shooting, unrelated to the earlier incident.

According to reports, at around 20:00 Papua time, Bedes hitched a motorcycle ride from a friend following a trip to the market. On their way back, his friend lost control of the motorcycle and collided with an oncoming vehicle on Yos Sudarso street in front of the post office in Timika. Two army officers then reportedly stepped out of the vehicle. While Bedes remained laying on the road after the collision, his friend managed to run away. The two army officers then shot Bedes, injuring his left calf.

Shortly after that, Bedes was forced into a police patrol car that had arrived at the scene. He was brought to Mimika Baru District Police Station and put in a detention cell separate from other detainees. Local reports stated that the two army officers also confiscated his mobile phone and wallet containing IDR 250,000 and his identity card. Bedes was kept overnight in a cell and not given any medical attention despite his screams for help the whole night. He bled continuously from his leg. The next morning, at around 08:00, he was told by police officers that he could return home. He was not offered any medical assistance by police. As he could not walk, a police officer, whose identity is not known, drove him to the main road and gave him IDR 20,000 to pay for a motorcycle taxi ride home. He was later brought to Timika General Hospital by his wife. On 30 September, when asked about the incident, police reportedly stated that the victim had got into an accident when his motorcycle collided with a metal beam by the side of the road. There has been no police investigation into this case thus far.

Three Papuans kidnapped and tortured in Jayapura

On 28 August, three men were kidnapped and tortured in Jayapura by Jayapura City police (Polresta Jayapura). Jubi reported that at around 03:00, Elieser Awom, Soleman Yom and Yafet Awom were out buying cigarettes at a kiosk close to their home when they were forced into a car by four men. One of the four men reportedly wore a police uniform while the other three were dressed in plainclothes. The three young Papuan men were accused of stealing a motorcycle and were told that they were to be interrogated at a police station.

Instead of being taken to a police station, they were driven to East Sentani, a town at the opposite end of Jayapura. Throughout the journey there, they were forced to confess to the accusations under torture. According to testimony reported in Jubi, Yafet Awom was stabbed on the thigh with a knife and burned with cigarette butts. He also suffered bruises on the right side of his body from being beaten with a butt of a bayonet. He is reported to be in a state of trauma and is having difficulty speaking and eating. Soleman Awom was stabbed in the neck with a bayonet and also suffered other bruises from being beaten and kicked. Elieser Awom was stabbed in the back and on the right shoulder and kicked in the chest. He is having difficulty walking due to the beatings he suffered.

Once they arrived in Sentani, Soleman Yom and Elieser Awom were forced out of the car. When they started running away, the men in the car fired four shots in their direction. Yom and Awom hid in a village nearby and were sent home by local villagers the following day. Yafet Awom was detained in Jayapura City Regional Police Station and released the following morning.

On 31 August, relatives of the three victims went to the Papuan Police Headquarters to demand a thorough investigation into the incident. According to a statement made by Papuan Police Chief Inspector General Paulus Warterpauw, the two Jayapura City police officers, Second Brigadiers (Bripda) Suherman and Damani, are currently being investigated by Propam (Provos Pengamanan, Provost Security), the police internal complaints and investigations mechanism and the Criminal Investigations unit (Reskrim Polda). The three men are receiving legal accompaniment from the Democracy Alliance for Papua (Aliansi Demokrasi untuk Papua, AlDP).

Roby Pekey shot then charged with theft

In our July update, we reported on the detention and shooting of 21-year-old Roby Pekey by Jayawijaya Regional police in Wamena. He was then sent to Wamena General Hospital for medical treatment for his gunshot injuries. Information from lawyers accompanying him stated that Pekey is currently in detention at Wamena Regional Police Station while awaiting trial. He has been charged with theft under Article 362 of the Indonesian Criminal Code for allegedly stealing a motorcycle.

Lawyers accompanying Pekey has stated that his arrest and detention were carried out in contravention with regular police procedure. AlDP reported that his detention warrant was released two days, or more than 24 hours, after his arrest. According to Indonesian criminal procedure, a detention warrant must be issued 24 hours after a detainees’ arrest. Additionally, lawyers stated that he was arrested without an arrest warrant.

During court hearings in August, Second Brigadier (Bripda) Eko Putra Wijaya Basri, one of the policeman involved in Pekey’s arrest, testified that he had shot Pekey in the left ankle to incapacitate him. Basri admitted that even though Pekey had fallen to the ground and had been secured by police officers, he was shot again by another police officer. His testimony contradicts previous statements by Jayawijaya Regional Police that Pekey had only been shot once. His lawyers report that Pekey was shot three times. Pekey, a nursing student, maintained that he had not stolen the motorcycle but had instead bought it from a pawn shop.

Tolikara incident detainees under town arrest

In our July update, we reported on the detention of two men in relation to the Tolikara case. Human rights lawyers with KontraS Papua accompanying Jundi Wanimbo and Ariyanto Kogoya reported that the two men have been released from detention but remain under city arrest. The two men were arrested in relation to the burning of kiosks on 17 July, which spread to a musholla (a prayer room) where Eid al-Fitr prayers were taking place.

On 18 September, lawyers accompanying the two men submitted a bail appeal to the Wamena High Court. On 23 September, the two men were released from detention in the Papuan Police Headquarters (Polda Papua) on bail but remain under town arrest in Tolikara. They still face charges of arson and violence against person or property under Articles 187 and 170 of the Indonesian Criminal Code, but it is not yet clear when their trial will begin.

On 17 July, a 16-year-old teenager named Endy Wanimbo was shot dead and at least 11 people suffered gunshot injuries when security officers started shooting at a crowd of people who were protesting the use loudspeakers during an Eid prayer session. According to KontraS Papua lawyers, there is little sign that the perpetrators of the shootings will be brought to account.

Intan Jaya Regent participates in brutal forced dispersal of student demonstration

On 17 and 18 August, student demonstrators demanding transparency regarding mismanagement of student aid funds were brutally dispersed by Intan Jaya authorities. Students also protested against planned mining activity in Intan Jaya without proper consultation with local customary land owners

On 17 August, students from the Intan Jaya Student Movement (Gerakan Pelajar dan Mahasiswa Peduli Intan Jaya, GPMPI) demonstrating outside Soko Paki Airport in Intan Jaya were forcibly dispersed by Brimob officers under the instruction of Natalis Tabuni, the Regent of Intan Jaya. According to a witness account as reported by Suara Papua, Brimob officers reportedly beat demonstrators with rifle butts and fired five shots in the direction of the student demonstrators. None sustained injuries.

The following day, on 18 August, the same group of student demonstrators embarked on a long march. When they arrived outside the Regent’s residence, they began to negotiate with a security officer who instructed the students not to demonstrate. In an attempt to disperse the students, Natalis Tabuni reportedly came out of his house with a firearm and began firing shots into the air. Tabuni also reportedly joined Brimob officers that were present at his residence in beating the students. Suara Papua reported that several other local government officials also threw stones at the students. At least 14 students sustained injuries.

Student leader Melianus Duwitau, who also suffered beatings, told Majalah Selangkah that despite having met with authorities from the Ministry of People’s Welfare in Intan Jaya, action had not been taken regarding the disbursement of funds to students in need. He stated that 68 university students from Intan Jaya had not yet received student aid that had been promised to them.

News

Filep Karma rejects remission

West Papuan activist and political prisoner, Filep Karma, has rejected an offer of remission on his 15-year prison sentence. Remissions are typically given to prisoners on Indonesian Independence Day on 17 August. Karma has stated that he would only leave Abepura Prison, where he is currently being detained, if he was given unconditional release. Karma stated that “I did not commit any crime when I raised the Morning Star Flag in 2004. I will keep campaigning for independence once I am free.”

In 2004, Karma was arrested and charged with treason for raising the Morning Star Flag, a symbol of Papuan identity. However, Bagus Kurniawan, Head of Abepura Prison, has claimed that the prison did not received any official decree from Jakarta offering remission to Filep Karma.

Attempts to further restrict foreign media scrapped as two British journalists face possible five-year prison sentence

A new regulation attempting to widen restrictions on foreign journalists was promptly scrapped following opposition from President Joko Widodo regarding the move. On 26 August, Major General Soedarmo, the Director General of Political and General Administration at the Ministry of Home Affairs (Ditjen Polpum Kemendagri) announced new procedures for foreign journalists, movie crew members and NGO workers seeking to conduct work in Papua.

The first requirement included an application for a permit issued by the Coordinating Team for Visiting Foreigners at the Foreign Affairs Ministry. The Coordinating Team was to consist of a task force that includes amongst others, members from the State Intelligence Body (Badan Intelejen Negara, BIN) and the national police. Foreign journalists, movie crew members and NGO workers were also required to apply for a permit from the Directorate General for Political Affairs and General Administration at the Home Affairs Ministry. In addition to this, a permit from local administrative authorities under the National Unity and Political Affairs office was also required for access to remote areas. Lastly, foreign journalists, movie crew members and NGO workers were required to present IDs officially issued by Indonesian representatives abroad.

Home Minister Tjahjo Kumolo stated in the Jakarta Post that the new regulation was needed “to prevent foreign journalists from conducting intelligence activities.” Soedarmo also stated that such regulations were “a form of protection for the state.” National civil society groups criticized the regulations as a setback for media freedom in Indonesia. The Alliance of Independent Journalists (AJI) Indonesia stated that the regulation contravened Article 28 of the Indonesian Constitution and Law No. 40/1999 on the press which guarantees media freedom. The Jakarta Foreign Correspondents Club criticized the regulation as “a stain on Indonesia’s transition to democracy and claims by its government that it supports a free press and human rights.”

According to various media reports, Kumolo apologized to President Jokowi by telephone and rescinded the new regulation. While the Clearing House committee which vetted visa applications for foreign journalists has been disbanded, the current application process remains unclear.

Two British journalists, Rebecca Prosser and Neil Bonner are currently standing trial under charges of violating Indonesian immigration law and face a possible five-year prison sentence. The journalists were making a National Geographic-funded documentary about piracy in the Malacca Strait. On 29 September, Reporters Without Borders (RSF) called on Indonesian authorities “to stop abusing its draconian immigration legislation and to drop the proceedings against these two journalists.”

September 2015 Papuan Political Prisoners

No Prisoner Arrested Charges Sentence Case Accused of violence? Concerns reported re legal process? Prison/

Place of detention

1 Arnes Silak 15 June 2015 Uncertain Police investigation pending KNPB Sentani Airport arrest Uncertain Uncertain Papuan Police Headquarters
2 Yafet Keiya 28 May 2015 Uncertain Police investigation pending MSG demo in Nabire Uncertain Uncertain Nabire

 

 

3 Ottis Munipa 28 May 2015 Uncertain Police investigation pending MSG demo in Nabire Uncertain Uncertain Nabire

 

 

4 Wamoka Yudas Kossay 22 May 2015 Article 160 Indonesian Criminal Code, Article 14 of Law 1/1946 Trial beginning 15 October

 

MSG demo in Biak

 

Uncertain  Yes Biak
5 Apolos Sroyer 20 May 2015 Article 160 Indonesian Criminal Code, Article 14 of Law 1/1946 Trial beginning 15 October

 

MSG demo in Biak

 

Uncertain  Yes Biak
6 Dorteus Bonsapia 20 May 2015 Article 160 Indonesian Criminal Code, Article 14 of Law 1/1946 Trial beginning 15 October

 

MSG demo in Biak

 

Uncertain  Yes Biak
7 Narko Murib 20 May 2015 Article 160 Awaiting trial MSG demo in Manokwari Uncertain Yes Manokwari
8 Alexander Nekenem 20 May 2015 Article 160 Awaiting trial MSG demo in Manokwari Uncertain Yes Manokwari
9 Yoram Magai 20 May 2015 Article 160 Awaiting trial MSG demo in Manokwari Uncertain Yes Manokwari
10 Othen Gombo 20 May 2015 Article 160 Awaiting trial MSG demo in Manokwari Uncertain Yes Manokwari
11 Obed Korie 15 May 2015 Article 170 5 months Sorong demo against PT PPM Yes Uncertain Sorong
12 Odie Aitago 15 May 2015 Article 170 7 months Sorong demo against PT PPM Yes Uncertain Sorong
13 Ruben Furay 1 May 2015 Uncertain Police investigation pending Kaimana 1 May 2015 Uncertain Uncertain Kaimana
14 Sepi Surbay 1 May 2015 Uncertain Police investigation pending Kaimana 1 May 2015 Uncertain Uncertain Kaimana
15 Dr Don Flassy* 14 April 2015 Articles 106, 55(1),53(1) On bail KIP treason arrests Uncertain Uncertain Bailed, city arrest, cannot leave Jayapura
16 Dr Lawrence Mehue* 14 April 2015 Articles 106, 55(1),53(1) On bail KIP treason arrests Uncertain Uncertain Bailed, city arrest, cannot leave Jayapura
17 Mas Jhon Ebied Suebu* 14 April 2015 Articles 106, 108(2), 55(1), 53(1) On bail KIP treason arrests Uncertain Uncertain Bailed, city arrest, cannot leave Jayapura
18 Onesimus Banundi* 14 April 2015 Articles 106, 108(2), 55(1), 53(1) On bail KIP treason arrests Uncertain Uncertain Bailed, city arrest, cannot leave Jayapura
19 Elias Ayakeding* 14 April 2015 Articles 106, 160 On bail KIP treason arrests Uncertain Uncertain Bailed, city arrest, cannot leave Jayapura
20 Kamori Murib 9 December 2014 Emergency Law 12/1951 3 years Lanny Jaya torture Yes Yes Wamena
21 Yosep Siep 9 July 2014 Articles 187, 164 Supreme Court appeal being considered Pisugi Election Boycott Yes Yes Released pending appeal
22 Marthen Marian 9 July 2014 Articles 187, 164 Supreme Court appeal being considered Pisugi Election Boycott Yes Yes Released pending appeal
23 Jhoni Marian 9 July 2014 Articles 187, 164 Supreme Court appeal being considered Pisugi Election Boycott Yes Yes Released pending appeal
24 Alapia Yalak 4 June 2014 Uncertain Police investigation pending Yahukimo arrests Yes Yes Papua Police Headquarters
 25 Jemi Yermias Kapanai 1 February 2014 Articles 106, 108, 110 and Emergency Law 12/1951 3.5 years Sasawa military raid arrests Yes Yes Serui Prison
26 Septinus Wonawoai 1 February 2014 Articles 106, 108, 110 and Emergency Law 12/1951 3.5 years Sasawa military raid arrests Yes Yes Serui Prison
27 Rudi Otis Barangkea 1 February 2014 Articles 106, 108, 110 and Emergency Law 12/1951 3.5 years Sasawa military raid arrests Yes Yes Serui Prison
28 Kornelius Woniana 1 February 2014 Articles 106, 108, 110 and Emergency Law 12/1951 3.5 years Sasawa military raid arrests Yes Yes Serui Prison
29 Peneas Reri 1 February 2014 Articles 106, 108, 110 and Emergency Law 12/1951 3.5 years Sasawa military raid arrests Yes Yes Serui Prison
30 Salmon Windesi 1 February 2014 Articles 106, 108, 110 and Emergency Law 12/1951 3.5 years Sasawa military raid arrests Yes Yes Serui Prison
31 Obeth Kayoi 1 February 2014 Articles 106, 108, 110 and Emergency Law 12/1951 3.5 years Sasawa military raid arrests Yes Yes Serui Prison
32 Soleman Fonataba* 17 December 2013 Articles 106, 110)1, 53, 55 1.5 years city arrest, appeal pending Sarmi 2013 Melanesian flag arrests No / not yet clear No On bail, cannot leave Sarmi
33 Edison Werimon* 13 December 2013 Articles 106, 110)1, 53, 55 1.5 years city arrest, appeal pending Sarmi 2013 Melanesian flag arrests No / not yet clear No On bail, cannot leave Sarmi
34 Piethein Manggaprouw 19 October 2013 Articles 106, 110 3 years Third Papuan Congress demo in Biak No Yes Biak
35 Oktovianus Warnares 1 May 2013 Articles 106, 110, Emergency Law 12/1951 7 years Biak flag-raising, 1 May commemoration Yes Yes Biak
36 Markus Sawias 1 May 2013 Articles 106, 110, Emergency Law 12/1951 4 years Biak flag-raising, 1 May commemoration Yes Yes Biak
37

 

George Syors Simyapen 1 May 2013 Articles 106, 110, Emergency Law 12/1951 4.5 years Biak flag-raising, 1 May commemoration Yes Yes Biak
38 Jantje Wamaer 1 May 2013 Articles 106, 110, Emergency Law 12/1951 2 years and 6 months Biak flag-raising, 1 May commemoration Yes Yes Biak
39 Isak Klaibin 30 April

2013

Articles 06, 107, 108, 110, 160 and 164 3 years and 6 months Aimas 1 May commemoration No Yes Sorong
40 Jefri Wandikbo 7 June 2012 Articles 340, 56,  Law 8/1981 8 years KNPB activist tortured in Jayapura Yes Yes Abepura
41 Darius Kogoya 1 May 2012 106 3 years 1 May demo and flag-raising No No Abepura
42 Wiki Meaga 20 November 2010 106 8 years Yalengga flag-raising No Yes Wamena
43 Meki Elosak 20 November 2010 106 8 years Yalengga flag-raising No Yes Wamena
44 Filep Karma 1 December 2004 106 15 years Abepura flag-raising 2004 No Yes Abepura
45 Yusanur Wenda 30 April 2004 106 17 years Wunin arrests Yes No Wamena

* While these detainees have been bailed and are not currently behind bars, they continue to face charges and are currently undergoing investigation. As they are vulnerable to re-arrest, we will continue to monitor any developments in these cases.

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Papuans Behind Bars: September 2013

In brief

At the end of September 2013, there were at least 53 political prisoners in Papuan jails. In Waghete, a civilian was killed and four were arrested in a sweeping operation by police Mobile Brigade special  forces. There were scores of arrests of civilians and activists in relation to demonstrations celebrating the International Day of Democracy. Well-known activists were targeted in Biak and Yapen islands where processions were held to welcome the sacred water and ashes delivered by a Freedom Flotilla from Australia. In Waena, a civilian was arbitrarily detained and tortured by police.

Boas Gombo and Dipenus Wenda have both been released. There have been reported concerns for the mental health of Yohanes Borseren and Obeth Kamesrar. A report by KontraS Papua revealed pressing concerns about the health of prisoners and living conditions in Abepura prison. The parole application  by the five detainees in the case of the Wamena ammunitions store raid has been rejected, while the four detainees in the Yalengga flag-raising case are seeking remission.

Arrests

Civilian fatally shot and four arrested by Brimob officers in sweeping operation in Waghete

An article by Tabloid Jubi reported the fatal shooting of civilian Alpius Mote in Waghete by  police Mobile Brigade (Brimob) officers who were conducting a sweeping operation on 23 September. The two  officers were reportedly involved in a stop and search operation in Waghete market when they stopped two elderly men in a search for weapons. This caused protests from people who had gathered, leading to stones being thrown at the two officers. In response, the two officers fired into the crowd, causing the death of Alpius Mote, a university student, and injuring three others – Aprida Dogopia, Alex Mote and Frans Dogopia.

There were also reports that the officers targeted men with dreadlocks and beards. A statement by political prisoner Selpius Bobii described this tactic as an attack on indigenous Papuan customs. It is allegedly used by officers  to single out those they claim are ‘separatists’. The statement by Bobii also reported the arrests of four civilians following the shooting, although it is unclear if they remain in detention. Human Rights Watch has called for Indonesia to investigate the possible use of unnecessary  lethal force by police officers.

Scores arrested across Papua for celebrating the International Day of Democracy

Several Papuan human rights sources and news sites  reported that on 16 September  at least 94 people were arrested and  then released without charge as police moved to disperse demonstrations across Papua celebrating the International Day of Democracy on 15 September. Thousands of Papuans took part in the demonstrations,  which also supported Vanuatu’s intention of raising the question of West Papua’s political status at the 68th session of the  United Nations General Assembly in September.

The Papuan National police had issued a ban on demonstrations on 11 September, rejecting a notice  by the West Papua National Committee (Komite Nasional Papua Barat, KNPB) of their intention to demonstrate in several cities on 16 September, reportedly because the KNPB logo used in the notice contained a symbol of the Papuan Morning Star flag.  Sources on the ground and news sites  reported that tear gas was used in the Jayapura suburb of Waena to disperse demonstrators.

Sentani

According to a comprehensive report  by a local human rights investigator, there were two separate incidents in the Jayapura suburb of Sentani which led to the arrests of 29 people. A KNPB activist quoted in the report stated that at 07.00 Papuan time, nine demonstrators consisting of four KNPB activists and five civilians were arrested in Sentani Sektor Toladan by the Sentani Sub-District police. Other local activists reported that police  used intimidatory tactics on the peaceful demonstrators and  blockaded the demonstration at several spots in efforts to disperse the demonstration. The nine arrested were detained in Sentani Sub-District police station before being released without charge several hours later.

In a separate arrest in Sentani Sektor Gunung Merah, Jayapura Regional police arrested 20 demonstrators at approximately 07.15. The demonstrators were led by KNPB leader Alen Halitopo, who was one of the 20 people arrested. An article on the KNPB website stated that demonstrators were kicked and ill-treated by the police who confiscated items used in the demonstration. They were detained in Jayapura Regional police station for  more than an hour before being released without charge.

The KNPB  source also stated that in Sektor Prodadi the police dispersed demonstrators  who were heading towards the Old Market in Sentani. They confiscated megaphones, KNPB flags and banners.

Waena

Reports were received of two separate arrests in Waena where a total of 10 people were detained before being released without charge. The  comprehensive report mentioned above detailed the arrest of three KNPB activists – Agus Kosay, Ucak Logo and Jon Komba – at around 07.00  in front of the campus of Cenderawasih University where orations were taking place as part of the demonstration. They were released from Papua Regional police station without charge five hours later.

The West Papua online news magazine, Majalah Selangkah reported a second round of arrests at 09.00,  when a joint army and police task force arrested seven KNPB activists – Warius Warpo Wetipo, Henny Rumkorem, Uum Himan, Anton Gobay, Yas Wenda, Yufri Wenda and Rinal Wenda. Police allegedly beat the activists on arrest and confiscated their brochures and banners. Demonstrators  allegedly tried to negotiate with the security forces, who had set up blockades, before they were forcibly dispersed. Sources on the ground and news reports  stated that police  used tear gas to disperse the demonstrators in Waena. The Head of the Jayapura Regional police, Kiki Kurnia, told Tabloid Jubi that before using teargas, the security forces  gave the demonstrators five minutes to disperse as the demonstration had not been given  “permission” to go ahead by the authorities.

Taman Imbi, Jayapura

According to the same article by Majalah Selangkah, 14 KNPB activists were detained in Taman Imbi, Jayapura, before they could deliver speeches at the demonstration planned there. They were released without charge at 11.40 after being detained at Jayapura Regional police station for four hours.

Sorong

The  report mentioned above also detailed two separate arrests in Sorong where a total of 27 people were detained before being released without charge. At around 9.00, Sorong Regional police arrested 20 people, most of them KNPB activists. KNPB Sorong leader Martinus Yohami led the march towards Toko Tio. Police allegedly stopped the demonstrators and made the arrest when they unfurled a banner which stated “Indonesia Open Democratic Space in Papua, Stop the Violence.” The 20 people arrested were detained for six hours in Sorong Regional police station before being released without charge. A separate arrest  took place in front of the King Mosque in Sorong city where seven people were arrested and also detained in Sorong Regional police station. They were released at the same time as the other 20.

Nabire

Local activists reported the arrests of 14 KNPB activists in Nabire by joint army and police forces at demonstrations held on 16 September. They were reportedly beaten on arrest, with five of the activists – Otto Kudiai, Yafet Keiya, Anipa Pigai, Agustina and Yulianus Nawipa – receiving particularly severe beatings which resulted in serious injuries. Items used in the demonstration were confiscated. Upon pressure from the Head of Parliament for the Meepago Region, Habel Nawipa, the 14 activists were released from Nabire Regional police station without charge.

In Timika,  local activists reported the Mimika Regional police using intimidatory  tactics against demonstrators.  Celebrations of the International Day of Democracy also took place in Dogiyai, Yahukimo, Merauke, Timika, Manokwari and Biak, though no arrests have been reported in these areas.

Dozens of Biak and Yapen islands activists arrested in connection with planned procession welcoming Aborginal sacred water and ashes delivered by Freedom Flotilla

According to reports from human rights sources in Papua, four activists were arrested and  released in Biak, while Edison Kendi and Demianus Burumi were arrested and subsequently released in Yapen in police attempts to hinder processions on both islands. The processions were planned – on 20 September in Biak and 26 September in Yapen – to welcome the sacred water and ashes which were delivered by the well-publicised Freedom Flotilla from Aboriginal leaders in Australia.

Biak island

A report received by  email and an article posted  on the Freedom Flotilla  website described the arrest of four community leaders in Biak on 18 September. The four men – Piet Hein Manggaprouw, Klemens Rumsarwir, Yoris Berotabui and Yan Piet Mandibodibo – had arrived at the Biak Numfor Regional police station  to request an acknowledgement of their  notice to demonstrate  submitted two days earlier on 16 September. Upon arrival at the police station, they were separated into different rooms and were interrogated for 17 hours.

During the interrogation, they were threatened with charges of treason reportedly because the  notice had used a letterhead containing the logo of the pro-independence movement of the Federal Republic State of West Papua (Negara Federal Republik Papua Barat, NFRPB). Throughout their interrogation, the four men were denied food and communication with their families. Their handphones were also confiscated. At around 02.00 on 19 September, they were driven back home by a police truck guarded by three fully-armed police officers and one plainclothes officer.  Later that morning at 11.00, they were again brought in to be interrogated at the Biak Numfor regional police before being released 12 hours later at 23.00. Police  allegedly instructed them to cancel all plans to carry out the procession, and  told them that they  had to report to the police once every 24 hours.

Despite a heavy police and military presence, the procession  went ahead as planned on 20 September. On this day, as Piet Hein Manggaprouw and Yoris Berotabui were on their way to report to the Biak Numfor Regional police, they were stopped by several intelligence officers and forced into a vehicle. While observing the procession from within the vehicle, the intelligence officers allegedly forced the two men to identify NFRPB activists  in the procession. They then drove to the airport where the two men were  forced to identify Dr Frans Kapisa, who had flown in to Biak to deliver the sacred water and ashes.

The intelligence officers  reportedly communicated with other police authorities via walkie talkie on possible plans to shoot Kapisa upon his arrival and to shoot other activist leaders involved in the processions welcoming the sacred water and ashes. Amongst the activists mentioned were Edison Kendi, Markus Yenu and Marthinus Wandamani. The officers  also allegedly discussed strategies to disperse demonstrators forcefully, including beating or shooting demonstrators who disobeyed orders.

We understand that the four community leaders have not been charged with any offence and are not currently reporting to the police.

Yapen island

On 25 September, at around 17.00, Yapen Regional police  reportedly aired an announcement via Indonesian national radio instructing civilians not to go ahead with their planned procession on 26 September. Later that evening, at around 20.30, 20 plainclothes police officers and 2 Kopassus army special forces officers, some armed with M-16s and pistols, arrived at the residence of Edison Kendi in Serui, Yapen island, to arrest him. He was  detained reportedly because of his involvement in  the procession  on 26 September. The police  allegedly stated that in accordance with the Law on Mass Organisations, consent to demonstrate would not be given to groups that were not registered with the Department for National Unity and Politics (Kesatuan Bangsa dan Politik, Kesbangpol), a government body within the Interior Ministry. The arrest was led by the Head of Criminal Investigation within the Yapen Regional police. Kendi is currently undergoing investigations in Yapan Regional police station. Following his arrest, at around 22.10, two police trucks arrived at Kendi’s house and reportedly ransacked the residence in search of documents related to pro-independence activity.

The following day, on 26 September, at around 07.25, Yapen Regional police arrested Demianus Burumi as he was on his way to Serui airport to welcome Dr. Frans Kapisa who had come from Biak island, carrying with him the sacred water and ashes.

The latest information indicates that Kendi and Burumi have been released from detention.

A report from a human rights investigator stated that the procession in Mantembu village on 26 September was forcefully dispersed at around 11.30 by a joint army and Yapen Regional police task force. The police attempted to arrest Kapisa and Markus Yenu but the crowd positioned themselves in a way that allowed the two men to escape arrest. According to the report, security forces are still on guard in Mantembu village.

Online Papuan sources report that police are also targeting other Yapen activists for arrest, including Tinus Wandamani, Yan Piet Maniambo, Hendrik Warmetan, Pieter Hiowati and Heppi Daimboa. As reported in the August update, police employed similar tactics in Sorong city, where four community leaders – Apolos Sewa, Yohanis Goram Gaman, Amandus Mirino and Samuel Klasjok – were arrested after a prayer session and statement to the press in solidarity with the Freedom Flotilla. The four men were also instructed to report to the police and have been charged with treason and incitement.

Releases

Boas Gombo released following mental health decline

Information  from a local human rights source  expressed concern about the declining  mental health of Boas Gombo, who was released on parole on 27 September. Boas Gombo was arrested on 28 February 2013 and  sentenced to nine months’ imprisonment in Abepura prison after being convicted under  Article 66 of Law 24/2009 on the Flag, Language, Symbols of the State and the National Anthem.  His mental health has declined rapidly since 11 September 2013, reportedly due to the severe beatings he  suffered, including multiple blows to the head, during his detention in Muara Tami District Police station. He did not reportedly receive adequate medical treatment whilst in Abepura prison, and was instead only given sedatives.  He will be required to report to authorities for two months.

Dipenus Wenda released after almost ten years in prison

Human rights lawyers have reported the release of Dipenus Wenda on 19 August. His release was part of the 17 August Independence Day remissions.  Wenda was arrested on 28 March 2004 while giving out leaflets campaigning for an election boycott. He spent nine years and seven months in detention in Wamena prison.

Political trials and cases overview

Parole application for case of Wamena ammunition store raid rejected

The Democracy Alliance for Papua (Aliansi Demokrasi untuk Papua, ALDP) has reported that a parole application submitted by one of its lawyers on behalf the five detainees in the Wamena ammunition store raid case has been rejected. The authorities at the Directory General of Correctional Facilities (Direktor Jenderal Permasyarakatan, Dirjen Pas) reportedly stated that the parole application was not  received despite the lawyer’s insistence that it was submitted last year. When asked for  clarification,  the authorities at Dirjen Pas explained that a complete application was necessary for  the matter to be considered. This meant that two documents had to be submitted – a Letter of Assurance and a Statement of Loyalty to the Republic of Indonesia –  as the five detainees were charged with treason. The detainees rejected signing a Statement of Loyalty, which therefore disqualified their application for parole. Applications for parole go through different stages of consideration, starting from prison authorities to the Regional Office for Law and Human Rights in Papua and finally to Dirjen Pas.

The five men – Apotnalogolik Lokobal, Kimanus Wenda, Linus Hiel Hiluka, Jefrai Murib and Numbungga Telenggen – were charged with treason under Article 106 of the Indonesian Criminal Code. They were arrested in April/May 2003, as part of sweeping operations by the military in which nine people were killed and 38 tortured.

Yalengga flag-raising detainees seek remission

ALDP has reported that the four men in the Yalengga flag-raising case – Meki Elosak, Wiki Meaga, Oskar Hilago and Obed Kosay –  sought remission as part of the 17 August Independence Day remission deal. When an inquiry was made into their situation, Wamena prison authorities reportedly stated that the four men will receive remission from Dirjen Pas. This arrangement was therefore not part of the 17 August remissions which are instead administered by the Regional Office for Law and Human Rights in Papua. Lawyers for the four men will also appeal for clemency. The four men continue to be detained in Wamena prison.

Concerns of mental health of 1 May detainees

Information received from human rights sources in Papua reported concerns for Yohanes Boseren in the Biak 1 May case and Obeth Kamesrar in the Aimas 1 May case. Both men were arrested this year in relation to the peaceful activities commemorating the 1 May 50th anniversary  of the administrative transfer of Papua to Indonesia. Borseren was severely beaten on arrest,  and received multiple blows to the head. Obeth Kamesrar, an elderly detainee at 68-years old, has reportedly been silent since his arrest and appears to be suffering from trauma.

Cases of concern

Civilian arbitrarily detained and tortured by Waena police

The Justice, Peace and Integrity of Creation (JPIC) Desk of the Protestant Church in Papua (GKI-TP) has reported the arbitrary arrest and torture of a civilian in Waena. On 26 September, Nahor Stefanus Yalak was arrested by Waena police allegedly because of complaints by residents  that he was making too much noise in the area. At 19.00, the police brought Yalak to a nearby police post where he was tortured. Yalak was reportedly made to lie on the floor with his hands tied as the police wearing heavy boots stamped on his hands, and kicked and beat him on the back of his hand, face, back, thighs and knees. He was also whipped on the back with a thick cable. An officer also reportedly ripped a crucifix necklace from Yalak’s neck.  An hour later,  he was taken to the Abepura District Police station where he was detained overnight before being released at 07.30 the following morning. Yalak sustained serious injuries and has difficulty walking.

KontraS Papua report reveals concerns of inadequate medical care and living conditions in Abepura prison

A report received from the human rights organisation, KontraS Papua, on their visit to Abepura prison in August has revealed pressing concerns about inadequate medical healthcare and living conditions in Abepura prison. Jefrai Murib,  reported in  the July update as requiring immediate treatment for his stroke, is making a slow recovery despite the inadequate medical care he is receiving. He is now able to move his hand and is regaining his sense of touch. Prison authorities still do not  comply with recommendations concerning the required number  of hospital appointments. The KontraS Papua report stated that prison authorities often cited reasons of lack of transport, staff or time to postpone sending Murib to  hospital.

The report also reveals other concerns, including the lack of nutrition in prison meals, inadequate bedding and clean water, and faulty toilet facilities. Prisoners often have to lift containers of water from tanks when the bathroom pipes stop working. Ferdinand Pakage, who suffers from severe headaches, is reportedly unable to carry heavy items due to this condition and often experiences harsh pains  if forced to do so. The report states that Pakage is given inadequate medicine to treat his headaches which do not heal him of his pain. According to one doctor at Abepura prison, Pakage’s headaches are caused by a clogged vein and further treatment should be sought. However when KontraS Papua staff asked for further details, other Abepura staff were not aware of any plans to seek further medical treatment for Pakage.  The condition of Filep Karma, who has been suffering from the effects of heart disease, has reportedly improved.

Police raid residence of ex-political prisoner Buchtar Tabuni

Majalah Selangkah reported a raid on the residence of Buchtar Tabuni in Jayapura by a joint army and police task force on 26 September. The raid was led by the Head of the Jayapura Regional police, Alfret Papare, the Head Police Commissioner, Kiki Kurnia, and the Head of Abepura District police,  assisted by  Infantry from the Regional Military Command. The security forces reportedly arrived in four vehicles and were fully armed. They searched the whole house,  looking for Buchtar Tabuni. A few KNPB members who came to the residence seeking answers to why the house was being raided, were  then threatened  by the security forces. They left at 16.00 and headed to Jayapura city. Apparently, no reason was given  why they were conducting the raid.

News

16 political prisoners in Abepura prison sign a letter of support in response to Vanuatu’s General Assembly statement on human rights in Papua

On 28 September 2013, the Prime Minister of the Republic of Vanuatu, Moana Kalosil Carcasses, called on the UN to investigate human rights abuses in West Papua and the territory’s political status. 16 political prisoners in Abepura prison signed a letter of support  for the statement and expressed their thanks to the Prime Minister and the Republic of Vanuatu for their commitment and consistency in supporting the West Papuan cause.

September 2013 Papuan political prisoners

  Prisoner Arrested Charges Sentence Case Accused of violence? Concerns reported re legal process? Prison
1 Victor Yeimo 13 May 2013 160 3 years  (handed down in 2009) 2009 demo; 13 May Jayapura demo No Yes Abepura
2 Astro Kaaba 3 May 2013 Treason Unknown Yapen police death Yes Trial pending Serui police station
3 Hans Arrongear Unknown Treason Unknown Yapen police death Yes Trial pending Serui police station
4 Oktovianus Warnares 1 May 2013 106, Emergency Law 12/1951 Unknown Biak flag-raising, 1 May commemoration No Yes Biak police custody
5 Yoseph Arwakon 1 May 2013 106, Emergency Law 12/1951 Unknown Biak flag-raising, 1 May commemoration No Yes Biak police custody
6 Yohanes Boseren 1 May 2013 106, Emergency Law 12/1951 Unknown Biak flag-raising, 1 May commemoration No Yes Biak police custody
7 Markus Sawias 1 May 2013 106, Emergency Law 12/1951 Unknown Biak flag-raising, 1 May commemoration No Yes Biak police custody
8 George Syors Simyapen 1 May 2013 106, Emergency Law 12/1951 Unknown Biak flag-raising, 1 May commemoration No Yes Biak police custody
9 Jantje Wamaer 1 May 2013 106, Emergency Law 12/1951 Unknown Biak flag-raising, 1 May commemoration No Yes Biak police custody
10 Domi Mom 1 May 2013 Treason Unknown Timika flag-raising, 1 May commemoration No Trial pending Timika
11 Alfisu Wamang 1 May 2013 Treason Unknown Timika flag-raising, 1 May commemoration No Trial pending Timika
12 Musa Elas 1 May 2013 Treason Unknown Timika flag-raising, 1 May commemoration No Trial pending Timika
13 Eminus Waker 1 May 2013 Treason Unknown Timika flag-raising, 1 May commemoration No Trial pending Timika
14 Yacob Onawame 1 May 2013 Treason Unknown Timika flag-raising, 1 May commemoration No Trial pending Timika
15 Hengky Mangamis 30 April 2013 106, 107, 108, 110, 160 and 164 Trial ongoing Aimas shootings, 1 May commemoration No Yes Sorong police station
16 Yordan Magablo 30 April

2013

106, 107, 108, 110, 160 and 164 Trial ongoing Aimas shootings, 1 May commemoration No Yes Sorong police station
17 Obaja Kamesrar 30 April

2013

106, 107, 108, 110, 160 and 164 Trial ongoing Aimas shootings, 1 May commemoration No Yes Sorong police station
18 Antonius Safuf 30 April

2013

106, 107, 108, 110, 160 and 164 Trial ongoing Aimas shootings, 1 May commemoration No Yes Sorong police station
19 Obeth Kamesrar 30 April

2013

106, 107, 108, 110, 160 and 164 Trial ongoing Aimas shootings, 1 May commemoration No Yes Sorong police station
20 Klemens Kodimko 30 April

2013

106, 107, 108, 110, 160 and 164 Trial ongoing Aimas shootings, 1 May commemoration No Yes Sorong police station
21 Isak Klaibin 30 April

2013

106, 107, 108, 110, 160 and 164 Trial ongoing Aimas shootings, 1 May commemoration; accused of being TPN/OPM No Yes Sorong police station
22 Yahya Bonay 27 April 2013 Unknown Unknown Yapen police

death

Yes Trial pending Serui police custody
23 Atis Rambo Wenda 4 April 2013 170 10 months Accused of violent crime Yes Yes Abepura
24 Yogor Telenggen 10 March 2013 340, 338, 170, 251, Emergency Law 12/1951 Awaiting trial Pirime shootings 2012 Yes Yes Papua Provincial police station
25 Isak Demetouw(alias Alex Makabori) 3 March 2013 110; Article 2, Emergency Law 12/1951 Trial ongoing Sarmi arrests No Trial pending Sarmi
26 Daniel Norotouw 3 March 2013 110; Article 2, Emergency Law 12/1951 Trial ongoing Sarmi arrests No Trial pending Sarmi
27 Niko Sasomar 3 March 2013 110; Article 2, Emergency Law 12/1951 Trial ongoing Sarmi arrests No Trial pending Sarmi
28 Sileman Teno 3 March 2013 110; Article 2, Emergency Law 12/1951 Trial ongoing Sarmi arrests No Trial pending Sarmi
29 Andinus Karoba 10 October 2012 365(2), Law 8/1981 1 year 10 months Demak activist accused of theft Yes Yes Abepura
30 Yan Piet Maniamboy 9 August 2012 106 Trial ongoing Indigenous people’s day celebrations, Yapen No Yes Serui
31 Edison Kendi 9 August 2012 106 Trial ongoing Indigenous people’s day celebrations, Yapen No Yes Serui
32 Jefri Wandikbo 7 June 2012 340, 56, Law 8/1981 8 years Accused of violent crime in Wamena Yes Yes Abepura
33 Timur Wakerkwa 1 May 2012 106 2.5 years 1 May demo and flag-raising No No Abepura
34 Darius Kogoya 1 May 2012 106 3 years 1 May demo and flag-raising No No Abepura
35 Bastian Mansoben 21 October 2012 Emergency Law 12/1951 Trial ongoing Biak explosives case Possession of explosives No Biak
36 Forkorus Yaboisembut 19 October 2011 106 3 years Third Papua Congress No Yes Abepura
37 Edison Waromi 19 October 2011 106 3 years Third Papua Congress No Yes Abepura
38 Dominikus Surabut 19 October 2011 106 3 years Third Papua Congress No Yes Abepura
39 August Kraar 19 October 2011 106 3 years Third Papua Congress No Yes Abepura
40 Selphius Bobii 20 October 2011 106 3 years Third Papua Congress No Yes Abepura
41 Wiki Meaga 20 November 2010 106 8 years Yalengga flag-raising No Yes Wamena
42 Oskar Hilago 20 November 2010 106 8 years Yalengga flag-raising No Yes Wamena
43 Meki Elosak 20 November 2010 106 8 years Yalengga flag-raising No Yes Wamena
44 Obed Kosay 20 November 2010 106 8 years Yalengga flag-raising No Yes Wamena
45 Yusanur Wenda 30 April 2004 106 17 years Wunin arrests Yes No Wamena
46 George Ariks 13 March 2009 106 5 years Unknown Unknown No Manokwari
47 Filep Karma 1 December 2004 106 15 years Abepura flag-raising 2004 No Yes Abepura
48 Ferdinand Pakage 16 March 2006 214 15 years Abepura case 2006 Yes Yes Abepura
49 Jefrai Murib 12 April 2003 106 Life Wamena ammunition store raid Yes Yes Abepura
50 Linus Hiel Hiluka 27 May 2003 106 20 years Wamena ammunition store raid Yes Yes Nabire
51 Kimanus Wenda 12 April 2003 106 20 years Wamena ammunition store raid Yes Yes Nabire
52 Numbungga Telenggen 11 April 2003 106 Life Wamena ammunition store raid Yes Yes Biak
53 Apotnalogolik Lokobal 10 April 2003 106 20 years Wamena ammunition store raid Yes Yes Biak 

Papuans Behind Bars aims to provide accurate and transparent data, published in English and Indonesian, to facilitate direct support for prisoners and promote wider debate and campaigning in support of free expression in West Papua.

Papuans Behind Bars is a collective project initiated by Papuan civil society groups working together as the Civil Society Coalition to Uphold Law and Human Rights in Papua. It is a grassroots initiative and represents a broad collaboration between lawyers, human rights groups, adat groups, activists, journalists and individuals in West Papua, as well as Jakarta-based NGOs and international solidarity groups.

Questions, comments and corrections are welcomed, and you can write to us at info@papuansbehindbars.org

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Papuans Behind Bars: October 2013

In brief

At the end of October 2013, there were at least 54 political prisoners in Papuan jails. The number of political arrests have increased significantly since August 2013 and this continued in October, with scores detained at peaceful demonstrations across Papua. Although the majority of detainees are released, there are reports of police intimidation – in Biak detainees were forced to sign statements of compliance. On 16 October, three activists were detained for several hours following a prayer session held in Kaimana to celebrate the anniversary of the formation of the International Parliamentarians for West Papua (IPWP).  On 19 October, the leader of a demonstration commemorating the second anniversary of the Third Papuan Congress, Piethein Manggaprouw, was arrested and charged with treason and incitement.

There are reported concerns regarding the health of detainees in the Biak, Timika and Aimas 1 May commemoration cases. The six detainees in the Biak 1 May case now face charges of treason, incitement and possession of explosions and firearms. In the Aimas 1 May case, the seven detainees are being made to testify against each other. The Prosecutor in the Sarmi treason case has demanded a four-year prison sentence for three of the detainees. Calls have been made for accountability and transparency in police investigations of the death of Alpius Mote, who was killed by police Mobile Brigade (Brimob) officers in a sweeping operation on 23 September.

Arrests

51 arrested in peaceful demonstrations commemorating anniversary of the Third Papuan Congress

Dozens of activists were arrested in peaceful demonstrations held across Papua commemorating the second anniversary of the Third Papuan Congress on 19 October 2013. According to a report by a local human rights investigator, security forces attempted to disperse demonstrations in Jayapura, Yapen and Sorong. According to the same report, 22 activists were arrested in Fak-Fak and detained for several hours before being released. Three of those detained were the organisers of the demonstration – Daniel Hegemur, Imbron Kutanggas and Yanto Hindom.

In Biak, a joint military and police task force arrested 29 demonstrators, including 6 women, and detained them for several hours in Biak Regional police station. Local activists reported that those arrested were forced to sign a statement declaring that they would not carry out any political activities.   The leader of the demonstration, Piethein Manggaprouw however remains in police custody in Biak Regional police station and has been charged with Articles 106 and 110 of the Indonesian Criminal Code for treason and incitement.

Five prominent Papuan activists remain behind bars for their peaceful involvement in the Third Papuan Congress on 19 October 2011. Forkorus Yaboisembut, Edison Waromi, Dominikus Surabut, August Kraar and Selpius Bobii are serving three-year prison sentences for treason. 

Three activists arrested in Kaimana raid following prayer session commemorating IPWP

On 16 September, civil society groups engaged in political actions in different cities across Papua to celebrate the anniversary of the formation of the International Parliamentarians for West Papua (IPWP), a cross-party group of politicians from around the world who support self-determination for the people of West Papua. In Kaimana, a prayer session was conducted at the Secretariat offices of the Kaimana Community Council (Parlemen Rakyat Daerah Kaimana, PRD Kaimana) from 9:00 to 13:00. According to reports by local activists, three men were arrested later that night around 21:30 under instructions from the Head of the Kaimana Regional police. The three activists from the KNPB (Komite Nasional Papua Barat, West Papua National Committee) arrested were Barias Bary, Luter Soba and Isay Irini. They were reportedly released the next morning.

Activists reported that a joint military and police task force raided the PRD Kaimana Secretariat offices to make the arrests, damaging the Secretariat gates. The security forces had also ransacked the residence of the Head of PRD Kaimana during the search to arrest the three men. They allegedly also confiscated a kitchen knife and machete, a bamboo spear used for fishing (tombak ikan) and a PRD Kaimana guestbook. KNPB activists reportedly stated in Papuan news site Tabloid Jubi that shots were also fired outside the residence of the Head of PRD Kaimana. According to local activists, Kaimana police stated that they were searching for a suspect in a murder case.

Releases

There were no reported releases in October 2013.

Political trials and cases overview

Six Biak 1 May detainees face charges of treason and possession of explosions and ammunition

The trial of six men in the Biak 1 May case began on 28 October with the indictment hearing. Oktovianus Warnares, Yoseph Arwakon, Yohanes Boseren, Markus Sawias, George Syors Simyapen and Jantje Wamaer face charges under Articles 106 and 110 of the Indonesian Criminal Code for treason and incitement and Emergency Law 12/1951 for possession of explosions and ammunition.

The prosecutor’s statement accused the six men of belonging to the armed TPN/OPM (Tentera Papua Nasional, Papuan National Army / Organisasi Papua Merdeka, Free Papua Organisation) group and stated that they had allegedly forced members of the community in Biak at gunpoint to participate in the flag-raising ceremony on 1 May 2013. Markus Sawias was accused of threatening Yonadap Rumbewas, an army officer with the Biak Regional Military Command Intelligence (Intel Korem Biak) with an airsoft gun. The Letter stated that Rumbewas fired warning shots in the air and reportedly asked for a dialogue with the men, but Jantje Wamaer had allegedly moved to attack him. Rumbewas reportedly reacted by shooting Wamaer in the leg. Oktovianus Warnares is also accused of being in possession of home-made bombs, an airsoft gun and a machete.

As reported in previous updates, human rights sources in Papua stated that the flag-raising ceremony was a peaceful political activity in commemoration of 1 May, a date marking the administrative transfer of Papua to Indonesia. Local investigators report that police opened fire into a crowd of 50 people, which led to the injury sustained by Wamaer. Local activists have also previously claimed that the items allegedly found on the six men had been fabricated by Biak Numfor police during the course of the two-month investigation period.

As reported in our September update, Yohanes Boseren who was severely beaten on arrest, receiving multiple blows to the head, is currently showing signs of mental illness. Human rights lawyers representing the six men have submitted a request to the Prosecution and prison authorities to release Boseren on humanitarian grounds and to obtain medical treatment, however as yet there has been no response.

Local human rights lawyers have also reported that the defence team for the six men has faced intimidation and harassment from officers of the Biak Regional Military Command Intelligence. They were reportedly pushed to provide the full names of all members of the defence team, which they refused to do. An assistant of one of the lawyers, Imanuel Rumayom, was reportedly followed by intelligence officers. There are also reports of a heavy army and police presence at the hearings.

Deteriorating health and unfair trial procedures in Aimas 1 May case

The trial of Hengky Mangamis, Yordan Magablo, Obaja Kamesrar, Antonius Saruf, Obeth Kamesrar, Klemens Kodimko and Isak Klaibin in the Aimas 1 May case continued in October with further witness hearings. Information received from human rights lawyers stated that the defendents were made to testify against each other. Lawyers expressed disappointment with judges when they moved to accuse Isak Klaibin when he was called to the stand as a witness on behalf of Obaja Kamesrar. During the witness examination, it was reportedly made clear that aside from Klaibin and Kamesrar who have family connections, the other detainees did not know each other before the commemorative ceremony on 30 April.

Human rights lawyers reported that at a hearing on 30 September, Antonius Saruf fainted after testifying, reportedly due to an existing heart condition which has been exacerbated by stress. The same thing happened in detention undergoing police investigations in May.  Klemens Kodimko is also reportedly suffering from acute gastric ulcers, but carried on with hearings on 11 October despite his condition. Lawyers have reported that Kodimko had fainted and hurt his head in Sorong prison, where the seven men are currently detained, due to the acute pain he is suffering from. Defence lawyers have asked judges to allow Kodimko access to medical healthcare. In response the judges have informed defence lawyers that they are allowed to visit him in prison with medicine but with the coordination of prison authorities. As reported in the September update, another Aimas 1 May detainee, Obeth Kamesrar, an elderly detainee of 68 years, has reportedly been silent since his arrest and appears to be suffering from trauma.

Defence lawyers have stated that they do not consider the witness testimony of officials from the Department for National Unity and Politics (Kesatuan Bangsa dan Politik, Kesbangpol) and the Sorong District Head to be factual. They also stated that testimony previously given by two police witnesses did not sufficiently explain in detail the alleged role of the detainees in the incident on 30 April.                                                    

Timika 1 May detainees charged with treason denied medical treatment

Information received from local human rights lawyers indicates that the five men detained in the Timika 1 May case have been charged with Articles 106 and 110 of the Indonesian Criminal Code for treason and incitement. Domi Mom, Alfisu Wamang, Musa Elas, Eminus Waker and Yacob Onawame have been detention since 1 May 2013. Although the trial has already begun, hearings for witness examination were postponed three times, reportedly due to witnesses not being able to attend. The five men were tortured in detention and three of them – Musa Elas, Yacob Onawame and Alfisu Wamang – have been suffering from deteriorating health. Requests from their families to Mimika Regional police officers to provide them with adequate medical treatment at a hospital have been ignored.

Four community leaders in Sorong charged with treason receiving legal support from ALDP

As reported in our August update, four community leaders – Apolos Sewa, Yohanis Goram Gaman, Amandus Mirino and Samuel Klasjok – were arrested after a prayer session and statement to the press in solidarity with the Freedom Flotilla and charged with treason and incitement. A coalition of human rights lawyers is providing legal support to the four activists who are currently undergoing police investigations in Sorong. It is not yet known when they will face trial for the charges against them.

Parole application for Wamena ammunition store raid prisoners rejected

The Democracy Alliance for Papua (Aliansi Demokrasi untuk Papua, ALDP) has reported that a parole application submitted by one of its lawyers on behalf the five detainees in the Wamena ammunition store raid case has been rejected. The authorities at the Directory General of Correctional Facilities (Direktor Jenderal Permasyarakatan, Dirjen Pas)stated that the parole application was not  received despite the lawyer’s insistence that it was submitted last year. When asked for clarification,  the authorities at Dirjen Pas explained that a complete application was necessary for  the matter to be considered. This meant that two documents had to be submitted – a Letter of Assurance and a Statement of Loyalty to the Republic of Indonesia –  as the five detainees were charged with treason. This is a requirement under government regulations for crimes against the state. The detainees  rejected signing a Statement of Loyalty, which therefore disqualified their application for parole. Applications for parole go through different stages of consideration, starting from prison authorites to the Regional Office for Law and Human Rights in Papua and finally to Dirjen Pas.

The five men – Apotnalogolik Lokobal, Kimanus Wenda, Linus Hiel Hiluka, Jefrai Murib and Numbungga Telenggen – were charged with treason under Article 106 of the Indonesian Criminal Code. They were arrested in April/May 2003, as part of sweeping operations by the military in which nine people were killed and 38 tortured and 11 arrested. Three of those arrested have died while serving their sentences. The five remaining detainees are serving either 20-year or life sentences.

Two detainees in Wamena ammunition store raid case seek commutation of life sentences

A report received from ALDP has stated that a request for Jefrai Murib’s life sentence be commuted to a fixed term sentence, has been submitted to the Ministry of Law and Human Rights. They are seeking to reduce Murib’s sentence to 20 years’ imprisonment. Due to an administrative error, a similar request for commutation of sentence for Numbungga Telenggen has been rejected by the Ministry of Law and Human Rights. Biak prison authorities are required to send complete documents to the Department of Law and Human Rights in Jayapura before the process of consideration can proceed. The two men were arrested in April 2003 as part of sweeping operations by the military in which nine people were killed and 38 tortured.

Public Prosecutor presents indictment in Sarmi treason trial

Human rights lawyers have reported that after four postponements of hearings for the Sarmi treason trial, the trial resumed on 9 October with the Prosecutor demanding a sentence of four years’ imprisonment for Alex Makabori (aka Isak Demetouw), Niko Sasomar and Sileman Teno, and one years’ imprisonment for Daniel Norotouw. On 23 October 2013, defence lawyers challenged the Prosecutors’ indictment. As reported in our May update, according to an interview with the four men by a local activist, they were arrested on 3 March 2013 following a socialisation event they conducted for residents in Sarmi, aimed at raising awareness regarding the forthcoming 1 May commemorative events. The four men allege that security forces planted evidence in order to charge them. They remain in detention in Abepura prison while awaiting their verdicts.

Cases of concern

Calls for accountability and transparency in police investigations of shooting in Waghete

As reported in the September update, on 23 September four civilians were arrested in Waghete in a sweeping operation when two police Mobile Brigades (Brimob) officers fatally shot civilian Alpius Mote. Information from local human rights activists has revealed that the four men have since been released. An article on the website of Papuan human rights group Elsham Papua reported that one of the four men, Yance Pekey, had been badly beaten by police officers while detained at Paniai Regional police station.

The families of the victims and civil society groups, including the Alliance of Papuan University Students (AMP, Aliansi Mahasiswa Papua) have called for Paniai police authorities to be held accountable following the incident.  The Papuan Legislative Council (DPRD, Dewan Perwakilan Rakyat Papua) released a statement urging police transparency in investigations into the incident and for the two perpetrators to be held to account. The Head of Paniai Regional Police, Semmy Ronny TH Abba has stated that he was ready to accept responsibility and be removed from his position if investigations conducted by PROPAM (Provos Pengamanan), the police internal complaints and investigations mechanism, proved police misconduct.

News

West Papua Solidarity Group Brisbane act in solidarity with Papuan political prisoners

In September 2013, the West Papua Solidarity Group Brisbane participated in several language and culture festivals around Australia, setting up information stalls campaigning and raising awareness for West Papua using leaflets, a petition and a photo exhibition. The activist group raised awareness regarding the issue of political prisoners, providing postcards that could be personalised and sent to detainees across Papua.

“An Evening With(out)  Filep Karma,” Amnesty ?

On 18 October 2013, an event was held at the Reading International Solidarity Centre campaigning for the release of Filep Karma, currently serving 15 years’ imprisonment for his participation in a peaceful flag-raising ceremony in 2004. Established human rights campaigner Peter Tatchell, International Lawyers for West Papua (ILWP) Co-Founder Melinda Janki, and former political prisoner and leader of the Free West Papua Campaign Benny Wenda spoke at the event, highlighting issues faced by Papuan political prisoners.

October 2013 Papuan political prisoners

  Prisoner Arrested Charges Sentence Case Accused of violence? Concerns reported re legal process? Prison
1 Piethein Manggaprouw 19 October 2013 106, 110 Unknown Third Papuan Congress demo in Biak No Trial pending Biak Regional police station
2 Victor Yeimo 13 May 2013 160 3 years  (handed down in 2009) 2009 demo; 13 May Jayapura demo No Yes Abepura
3 Astro Kaaba 3 May 2013 Treason Unknown Yapen police death Yes Trial pending Serui police station
4 Hans Arrongear Unknown Treason Unknown Yapen police death Yes Trial pending Serui police station
5 Oktovianus Warnares 1 May 2013 106, 110, Emergency Law 12/1951 Trial ongoing Biak flag-raising, 1 May commemoration Yes Yes Biak
6 Yoseph Arwakon 1 May 2013 106, 110, Emergency Law 12/1951 Trial ongoing Biak flag-raising, 1 May commemoration Yes Yes Biak
7 Yohanes Boseren 1 May 2013 106, 110, Emergency Law 12/1951 Trial ongoing Biak flag-raising, 1 May commemoration Yes Yes Biak
8 Markus Sawias 1 May 2013 106, 110, Emergency Law 12/1951 Trial ongoing Biak flag-raising, 1 May commemoration Yes Yes Biak
9 George Syors Simyapen 1 May 2013 106, 110, Emergency Law 12/1951 Trial ongoing Biak flag-raising, 1 May commemoration Yes Yes Biak
10 Jantje Wamaer 1 May 2013 106, 110, Emergency Law 12/1951 Trial ongoing Biak flag-raising, 1 May commemoration Yes Yes Biak
11 Domi Mom 1 May 2013 106, 110 Trial ongoing Timika flag-raising, 1 May commemoration No Trial pending Timika
12 Alfisu Wamang 1 May 2013 106, 110 Trial ongoing Timika flag-raising, 1 May commemoration No Trial pending Timika
13 Musa Elas 1 May 2013 106, 110 Trial ongoing Timika flag-raising, 1 May commemoration No Trial pending Timika
14 Eminus Waker 1 May 2013 106, 110 Trial ongoing Timika flag-raising, 1 May commemoration No Trial pending Timika
15 Yacob Onawame 1 May 2013 106, 110 Trial ongoing Timika flag-raising, 1 May commemoration No Trial pending Timika
16 Hengky Mangamis 30 April 2013 106, 107, 108, 110, 160 and 164 Trial ongoing Aimas 1 May commemoration No Yes Sorong
17 Yordan Magablo 30 April

2013

106, 107, 108, 110, 160 and 164 Trial ongoing Aimas 1 May commemoration No Yes Sorong
18 Obaja Kamesrar 30 April

2013

106, 107, 108, 110, 160 and 164 Trial ongoing Aimas 1 May commemoration No Yes Sorong
19 Antonius Safuf 30 April

2013

106, 107, 108, 110, 160 and 164 Trial ongoing Aimas 1 May commemoration No Yes Sorong
20 Obeth Kamesrar 30 April

2013

106, 107, 108, 110, 160 and 164 Trial ongoing Aimas 1 May commemoration No Yes Sorong
21 Klemens Kodimko 30 April

2013

106, 107, 108, 110, 160 and 164 Trial ongoing Aimas 1 May commemoration No Yes Sorong
22 Isak Klaibin 30 April

2013

106, 107, 108, 110, 160 and 164 Trial ongoing Aimas 1 May commemoration No Yes Sorong
23 Yahya Bonay 27 April 2013 Unknown Unknown Yapen police

death

Yes Trial pending Serui police custody
24 Atis Rambo Wenda 4 April 2013 170 10 months Activist tortured in Waena, accused of violent crime Yes Yes Abepura
25 Yogor Telenggen 10 March 2013 340, 338, 170, 251, Emergency Law 12/1951 Awaiting trial Pirime shootings 2012 Yes Yes Papua Provincial police station
26 Isak Demetouw (alias Alex Makabori) 3 March 2013 110; Article 2, Emergency Law 12/1951 Trial ongoing Sarmi treason No Yes Sarmi
27 Daniel Norotouw 3 March 2013 110; Article 2, Emergency Law 12/1951 Trial ongoing Sarmi treason No Yes Sarmi
28 Niko Sasomar 3 March 2013 110; Article 2, Emergency Law 12/1951 Trial ongoing Sarmi treason No Yes Sarmi
29 Sileman Teno 3 March 2013 110; Article 2, Emergency Law 12/1951 Trial ongoing Sarmi treason No Yes Sarmi
30 Andinus Karoba 10 October 2012 365(2), Law 8/1981 1 year 10 months Jayapura Demmak activist Yes Yes Abepura
31 Yan Piet Maniamboi* 9 August 2012 106 Trial ongoing Indigenous people’s day celebrations, Yapen No Yes Serui
32 Edison Kendi* 9 August 2012 106 Trial ongoing Indigenous people’s day celebrations, Yapen No Yes Serui
33 Jefri Wandikbo 7 June 2012 340, 56, Law 8/1981 8 years KNPB activist tortured in Jayapura Yes Yes Abepura
34 Timur Wakerkwa 1 May 2012 106 2.5 years 1 May demo and flag-raising No No Abepura
35 Darius Kogoya 1 May 2012 106 3 years 1 May demo and flag-raising No No Abepura
36 Bastian Mansoben 21 October 2012 Emergency Law 12/1951 Trial ongoing Biak explosives case Possession of explosives No Biak
37 Forkorus Yaboisembut 19 October 2011 106 3 years Third Papua Congress No Yes Abepura
38 Edison Waromi 19 October 2011 106 3 years Third Papua Congress No Yes Abepura
39 Dominikus Surabut 19 October 2011 106 3 years Third Papua Congress No Yes Abepura
40 August Kraar 19 October 2011 106 3 years Third Papua Congress No Yes Abepura
41 Selpius Bobii 20 October 2011 106 3 years Third Papua Congress No Yes Abepura
42 Wiki Meaga 20 November 2010 106 8 years Yalengga flag-raising No Yes Wamena
43 Oskar Hilago 20 November 2010 106 8 years Yalengga flag-raising No Yes Wamena
44 Meki Elosak 20 November 2010 106 8 years Yalengga flag-raising No Yes Wamena
45 Obed Kosay 20 November 2010 106 8 years Yalengga flag-raising No Yes Wamena
46 Yusanur Wenda 30 April 2004 106 17 years Wunin arrests Yes No Wamena
47 George Ariks 13 March 2009 106 5 years Unknown Unknown No Manokwari
48 Filep Karma 1 December 2004 106 15 years Abepura flag-raising 2004 No Yes Abepura
49 Ferdinand Pakage 16 March 2006 214 15 years Abepura case 2006 Yes Yes Abepura
50 Jefrai Murib 12 April 2003 106 Life Wamena ammunition store raid Yes Yes Abepura
51 Linus Hiel Hiluka 27 May 2003 106 20 years Wamena ammunition store raid Yes Yes Nabire
52 Kimanus Wenda 12 April 2003 106 20 years Wamena ammunition store raid Yes Yes Nabire
53 Numbungga Telenggen 11 April 2003 106 Life Wamena ammunition store raid Yes Yes Biak
54 Apotnalogolik Lokobal 10 April 2003 106 20 years Wamena ammunition store raid Yes Yes Biak

*Even though Edison Kendi and Yan Piet Maniamboi have now been released from detention, they are still currently facing a prison sentence of 2 years’ and 18 months’ respectively. The verdict is currently being appealed. As reported in our September update, Kendi was again detained and questioned in relation to peaceful demonstrations before being released.

Papuans Behind Bars aims to provide accurate and transparent data, published in English and Indonesian, to facilitate direct support for prisoners and promote wider debate and campaigning in support of free expression in West Papua.

Papuans Behind Bars is a collective effort initiated by Papuan civil society groups working together as the Civil Society Coalition to Uphold Law and Human Rights in Papua. It is a grassroots initiative and represents a broad collaboration between lawyers, human rights groups, adat groups, activists, journalists and individuals in West Papua, as well as Jakarta-based NGOs and international solidarity groups.

Questions, comments and corrections are welcomed, and you can write to us at info@papuansbehindbars.org

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