Stevanus or Steve Itlay was arrested for the third time for his political activity on 11 September 2019 in Jayapura without an arrest warrant. The Papua Regional Police accused him of planning and designing the uprising on August 2019. He told his lawyers that he had been in Timika throughout August and only arrived in Jayapura on 29 August morning. He is indicted with Articles 106, 107 section (1) and (2), and 110 of the Criminal Code.
Steven Itlay is the Chair of the Timika section of the West Papua National Committee (KNPB), an organisation which since around 2008 has organised large demonstrations around Papua, often calling for a referendum on West Papua’s political future.
On 4 October 2019, Steven Itlay and six other prisoners were transferred from Papua Regional Police Detention Center, Jayapura, Papua Province to East Kalimantan Province for “security reasons”. This transfer was in breach of Indonesian criminal procedure law; it was conducted, inter alia, without informing their lawyers and families, and without the requisite approval from the Supreme Court. Further to these breaches, the transfer has resulted in a significant increase in legal aid costs (due to the airfares needed to attend each trial), and has cut the prisoners off from their families and culture.
He was detained in Balikpapan Prison Class IIB, Balikpapan, East Kalimantan Province until his release in August 2020.
At the end of September 2012, nine KNPB members were arrested around Wamena, accused of possessing material for making bombs. On 19 October the web of investigation spread to Timika, with raids taking place throughout the night on the KNPB secretariat and members’ homes. Around twelve people were arrested in all. Six of the men were released on 24 October, and the remaining six men were held and charged with possession of explosives: Steven Itlay, Romario Yatipai, Paulus Marsyom, Yantho Awerkion, Jack Wansior and Alfret Marsyom.
According to the KNPB the first arrests took place at 01:00 at Alfret Marsyom‘s house where he was arrested along with Paulus Marsyom, Yantho Awerkion and Jack Wansior. Alfret Marsyom was then forced to point out to the police the location of Steven Itlay and Romario Yatipai‘s houses.
The arrested were brought to Police Headquarters at Mile 32 Timika, where they later reported that the police tried to force them to admit to owning and making indigenous Biak arrows, and in the case of Yantho Awerkion, a bomb used for fishing. While being interrogated, Alfret was blindfolded and his hands were handcuffed behind his back. He was forced to confess to possessing weapons and bombs, and police also forced him to tell them to whereabouts of Steven Itlay and Romario Yatipai. Alfret also states that he was hit on the head several times.
As day broke, a crowd of KNPB sympathisers gathered and travelled to the Mimika Police Headquarters at Mile 32, where they were told that the arrests were made because KNPB had been fabricating bombs, and also because there were activities planned between 19 and 23 October.
The police’s version of events was reported in the Bintang Papua newspaper. In a press release the police claimed that they had found bomb-making material in two locations: Steven Itlay‘s house and Romario Yatipai‘s house. Among the materials they supposedly found were iron and aluminium pipes, a red powder which was being examined in a forensic lab, and 1.6kg of high explosives.
A few days after the arrest at midnight on 22 October, Jack Wansior was reportedly tortured. He states that he was hit by several masked police officers whilst being interrogated. He was then blindfolded, and with his hands cuffed behind his back, he was forced to get inside a box, where police continued to beat and interrogate him, demanding where they could find the bombs and weapons. He was also allegedly hit on the head with the back of a pistol and threatened that he would be killed.
All six men were charged with Article 106 of the Criminal Code for treason and Article 1 paragraph (1) of the 1951 Emergency Law 12 for possession of explosives.
On 14 February the Defence Counsel stated in their demurrer that Awerkion was charged with two primary charges, going against the rules set forth in the Indonesian Criminal Code. The police also used violence during the arrest and denied Awerkion legal counsel when he was detained. The Defence also argued that the Prosecutor’s indictment of the offences charged to the Defendant was inaccurate, unclear and incomplete. On 7 March two Mimika police officers and another officer from the National Police Headquarters in Jakarta were called to testify as witnesses. One of the defence lawyers, Gustaf Kawer, stated that the explanation given by the two witnesses had no correlation with the indictments. Kawer told journalists that it was not possible to associate the possession of sharp weapons with the peaceful demonstration the KNPB had organised on 23 October 2012, arguing that there was no proof that demonstrators carried weapons. He also argued that these objects were widely available in markets and so possession cannot necessarily be considered a crime.
As at April 2013, the trial continued.
KNPB News, “Pengurus KNPB Timika Disergap dan Ditangkap,” 19 October 2012, http://knpbnews.com/blog/archives/925
KNPB News, “Kronologis Singkat Penangkapan Romario Dan Steven,” 23 October 2012, http://knpbnews.com/blog/archives/985
Bintang Papua, “Polres Mimika Temukan Bahan Peledak di Timika, 2 Pelaku Ditangkap,” 22 October 2012, posted by Zona Damai blog, https://zonadamai.wordpress.com/2012/10/22/polres-mimika-temukan-bahan-peledak-di-timika-2-pelaku-ditangkap/
KNPB News, “Timika: 6 Aktivis KNPB ditahan, 6 lainnya dkeluarkan,” 2 November 2012, http://knpbnews.com/blog/archives/1135
KNPB News, “Ke-6 Aktivis KNPB Wilaya Timika Dipindahkan…,” 17 January 2013, http://knpbnews.com/blog/archives/1349
KNPB News, “Ke-6 Aktivis KNPB Wilaya Timika Akan Disidangkan 7 Februari 2013,” 1 February 2013, http://knpbnews.com/blog/archives/1386
KNPB News, “Hari Ini Sidang Pembacaan Surat Dakwaan ke-6 Aktivis KNPB Wilayah Timika, 7,” February 2013, http://knpbnews.com/blog/archives/1412
Karoba News, “Sidang KNPB: Olga Pertanyakan Kriminalisasi KNPB,” 14 February 2013, http://www.karobanews.com/2013/02/sidang-knpb-olga-pertanyakan.html
KNPB News, “Sidang Ke-3 tentang Tanggapan Eksepsi oleh JPU terhadap ke-6 Aktifis KNPB Wilayah Timika,” 21 February 2013, http://knpbnews.com/blog/archives/1480
KNPB News, “Sidang Ke-6 Aktifis KNPB dengan agenda Pemanggilan Saksi Oleh Jaksa,” 7 March 2013, http://knpbnews.com/blog/archives/1555#more-1555