In brief

At the end of January 2014, there were at least 74 political prisoners in Papuan jails.

The visiting delegation of Melanesian Spearhead Group (MSG) leaders was a highly politically charged event, and demonstrations were predictable. However, both the seniority of the civil society leaders heading the demonstrations and the repressive police response, in defiance of the media spotlight, highlighted just how high the stakes were on all sides. As is often the case in Papua, protests were intended to highlight the long history of human rights violations in Papua, and in doing so the ongoing nature of those violations was demonstrated as protestors were arbitrarily arrested yet again. While protestors targeting the MSG delegation in Jayapura were manhandled, arrested and dispersed, protests targeting the delegation in Jakarta were not subject to these repressive tactics, despite getting far closer to members of the delegation than their colleagues in Papua. As numerous commentators noted, the state response to the protests was something of an ‘own goal’ for Indonesia, given that the original reason for the visit was to investigate the human rights situation in Papua.

The extremely heavy sentences proposed by the Prosecutor for defendants in the 1 May 2013 Biak case crystallised the trial into a critical test case for Indonesia’s policies in Papua. Five of the six defendants are threatened with 15-18 year sentences for peacefully raising the Morning Star flag in Biak. Their case echoes that of Filep Karma, who was imprisoned ten years ago and continues to serve a 15-year sentence for the same peaceful act. As the trial continues, Papua’s courts face a clear choice: to allow history to repeat itself in defiance of national and international law, or to steer a new course.

Reports of the torture of 12 men detained at demonstrations in November 2013 once again raise concerns about the treatment of political detainees in Papua, particularly in the Jayapura regional police station. The detainees were tortured, isolated and denied access to lawyers, with reports of torture only surfacing once the detainees were transferred to Abepura prison and could be accessed by lawyers and human rights workers. This is a recurring pattern. An area of particular concern is the fact that police were untruthful to human rights lawyers offering to represent the detainees, stating they already had representation, although this was not the case. These tactics are frequently reported and appear to be a deliberate strategy to ensure that illegal and inhumane police practices can continue undisturbed throughout the investigation process.

The slow emergence of information about political arrests in Sarmi and violence, political arrests and population displacement in Puncak Jaya highlighted the extreme difficulties in accessing accurate real-time information from most parts of Papua.

Arrests

Seven arrested at Jayapura MSG protest, then swiftly released

On 13 January, seven protestors were arrested at demonstrations aimed at the visiting MSG delegation. According to a report by the Papuan branch of the National Human Rights Commission (Komnas HAM), demonstrators from across the civil society spectrum had prepared to greet the MSG delegation at Sentani airport at 06:00 on the morning of the visit but were foiled by authorities who received the delegation an hour earlier. Disappointed, demonstrators then headed to the office of the Papua Regional House of Representatives (Dewan Perwakilan Rakyat Papua, DPRP) to launch their protest.

At around 10:00 Papua time, under instructions from the Vice-Chief of the Papua National Police, Kiki Kurnia, Markus Haluk, Secretary General of the Alliance of Papuan Central Highlands Students (Aliansi Mahasiswa Pegungungan Tengah Papua, AMPTPI) was arrested while addressing the crowd. Police also arrested Mama Abina Wasanggai, Basoka Logo, Toni Siep, Wolak Wob, Jimi Broay and former political prisoner Yusak Pakage. The demonstration was forcibly dispersed and police confiscated banners, megaphones and a camera. Dozens of other protestors were herded to the police station, from where they refused to return home until the seven detainees were released.

Majalah Selengkah reported that demonstrators were manhandled, including elderly human rights defender Mama Yosefa Alomang who was dragged around and left with torn clothes. The detainees were held at the Jayapura police district command (Polresta) for around five hours before being released without charge. While police denied that arrests had taken place in online reports published by Tempo, the Komnas HAM report clearly documents the arrests, also corroborated by a witness statement from one of the detainees received by Papuans Behind Bars. While in police custody, detainees state that they were treated reasonably.

Sarmi Morning Star flag arrests

New information received from human rights lawyers in Papua states that two men have been in Sarmi police detention since their arrest in December 2013. Civil servant Edison Werimon and Bank Papua employee Soleman Fonataba were arrested on 13 December and 17 December respectively. Early inquiries suggest that Werimon was arrested for having a Morning Star flag decoration or mural in the living room of his house, whereas Fonataba is thought to have been arrested for possession of five Morning Star flags in his house. The men are accused of conspiracy to commit treason under Articles 106, 110, 53 and 55 of the Indonesian Criminal Code.

Three arrested following Puncak Jaya weapons theft and shootings

On 4 January, Deber Enumby was arrested in Kurilik village near Mulia, following the theft of eight firearms from the Kurilik police post by suspected members of the National Liberation Army/Free Papua Movement (Tentara Pembebasan Nasional, TPN / Organisasi Papua Merdeka, OPM). He has been charged with Emergency Law 12/1951 and potentially faces the death penalty, according to Papua police. According to reports from civil society groups and human rights activists, Enumby is not a member of the TPN/OPM.

Several weeks later, two men were arrested following violence between security forces and armed members of the TPN/OPM in Puncak Jaya throughout January. On 26 January, Yenite Morib and Tiragud Enumby were reportedly arrested during a raid at Dondobaga church, Kurilik, in Puncak Jaya. According to a report by an independent local human rights activist, while security forces suspect the men of being members of the TPN/OPM, they are ordinary civilians. While the names of the men were originally reported as Dolak Telenggen/ Tenius Telenggen and Melkias Telenggen/Tigabur Enumbi, the same report states that the originally reported names were pseudonymns. Morib and Enumby, aged 18 and 19 respectively are reportedly unemployed, were severely tortured on arrest and were denied food in police detention for at least two days.

Reports from church sources and local media state that the arrests were made amidst violent sweepings at Dondobaga church. While this was initially reported as a military operation, the West Papua National Committee (Komite Nasional Papua Barat, KNPB) state that the raid was carried out by members of police Mobile Brigades (Brigades Mobil, BRIMOB) and Special Detachment 88 (Detasemen 88, ‘Densus 88’). The KNPB further state that Pastor Pamit Wonda and congregation member Lurugwi Morib were bayoneted by security forces and are currently receiving treatment in Mulia general hospital. Churches and local media state that hundreds of people from the congregations of Kunilik and Dondobaga churches have fled their villages following the raid. Online Papuan news site Majalah Selengkah reports that houses have been burned down by security forces in the area, local residents are unable to go to church, people are unable to farm and there are fears that famine could ensue. According to Jubi, the Chief of Puncak Jaya police denies that there was any attack on the church congregation.

Releases

There were no reported releases in January 2014.

Political trials and cases overview

Timika 1 May commemoration trial

The five men being tried for a peaceful flag-raising ceremony in Timika in May 2013 were given eight month prison sentences on 25 November 2013. The men were convicted of conspiracy to commit treason for their role in the ceremony, were reportedly tortured on arrest and have suffered various health problems while in prison, for which they did not receive medical attention.

Biak 1 May trial: prosecutor demands lengthy prison sentences

On 13 January 2014 the public Prosecutor issued his indictment for five of the defendants in the Biak 1 May case. He demanded an 18-year prison sentence for Oktovianus Warnares, who led the peaceful flag-raising action in Biak on 1 May 2013. A 15-year prison sentence was requested for George Simyapen, Jantje Wamaer and Yoseph Arwakon, as well as Markus Sawias, who is being tried separately with Yohanes Boseren.

The trial of Yohanes Boseren remains suspended due to mental health issues brought on by heavy beatings at the time of his arrest; see TAPOL’s Urgent Appeal for details. Despite lawyers’ calls for his immediate release, Boseren is still being held in Biak prison. The sentences requested for the five men are far longer than those requested for comparable cases in recent years, and according to local human rights lawyers, no evidence has been presented in court to support a credible conviction. On 23 January, lawyers for the defendants filed their defence and requested that all charges against the five men be dropped and the men be released. On 30 January, the prosecutor rejected the defence plea and called for the men to be sentenced in accordance with the original sentences demanded. The trial is set to continue in February.

Pithein Manggaprouw trial imminent

On 19 October, the Biak activist Piethein Manggaprouw was arrested for his involvement in a peaceful demonstration commemorating the second anniversary of the Third Papuan Congress, a peaceful event in 2011 which ended in mass arrests and fatal shootings by security forces. On 17 January,  after 109 days in detention, Manggaprouw’s lawyers reported that his case had now been handed to the Prosecutor. According to his lawyers, the trial is scheduled to begin on 3 February. In November 2013, Papuans Behind Bars reported that Manggaprouw was being denied food and receiving only one meal a day, severely affecting his physical health. A local activist who has been monitoring Manggaprouw’s conditions now reports that he is receiving two meals a day.

Yason Ngelia trial begins

On 6 January, activists from the Papuan Student and Community Movement (Gerakan Mahasiswa Pemuda dan Masyarakat Papua, GEMPAR) met with Chief of Papua Police, Tito Karnavian, to demand the immediate release of Yason Ngelia. Student leader Ngelia was arrested on 7 November 2013 during protests at Cenderawasih University (Universitas Cenderawasih, UNCEN) campus. The students have already demonstrated several times to protest Ngelia’s arrest and subsequent ill-treatment, but despite this and the meeting with Karnavian, the legal process continues and Ngelia’s trial began on 22 January.

According to Papuan  online news site Jubi, while being initially accompanied by lawyer Olga Hamadi, Ngelia has stated that he does not want legal accompaniment and will represent himself from now on. GEMPAR activist Alfares Kapisa noted that while Ngelia was arrested for leading a demonstration criticising the controversial drafting of the ‘Otsus Plus’ law, the trial seems to focus on a dispute between Yason and his friend Stanley almost six months earlier. Kapisa, who himself was detained for more than two weeks in November 2013 following demonstrations, suggested that the trial was a strategy to keep Ngelia from leading critical demonstrations against Otsus Plus.

12 arrested in FWPC PNG office support demo were tortured

On 24 January, the 12 men arrested following demonstrations on 26 November 2013 in Jayapura were transferred from police detention to Abepura prison. Upon their arrival in the prison, interviews conducted by a local human rights activist reveal that the men are not activists and were not even involved in the demonstrations, which were being held to support the opening of a Free West Papua Campaign Office in Papua New Guinea, as well as the Sorong to Samarai campaign.

According to the interviews, the 12 men were engaged in various activities when they were arrested. One was on the way to see a friend after college, another two were on their way to a relative’s birthday party. Four of the men are Aloeswood traders from the Star Mountains (pegunungan bintang) region who were visiting Jayapura and had been advised to stay in the house of their relative that day. Two agricultural labourers were on their way to the airport to see off a friend travelling to Wamena. One young man was preparing for a sculpture exam the following day, making a bamboo flute in his yard. On going to buy some cold water he encountered police. A builder changing buses at Waena ran from the gunshots and hid in the bushes, where he was apprehended by police. A gold panner was on his way to work at Sentani Puai when he was stopped and dragged into a police truck.

The men were arrested in various places, brought to Expo Waena and beaten, before being taken to Jayapura regional police station. That night they were beaten with bayonets, bamboo canes and iron rods, and kicked by police officers wearing jackboots. They were all tortured with electric shocks administered using electric cabels. Muli Hisage was hit in the testicles, and beaten with the police station printer. Pendius Tabuni was burned with cigarette butts. Mathius Mabel was threatened with a gun to the head. All 12 men were interrogated without a lawyer and forced to sign the police investigation report (berita acara pemeriksaan, BAP) without having read or understood it. Police seized six mobile phones, money totalling IDR 12,750,000 (USD 1,055), shopping and clothes from the men. Natan Kogoya missed his sculpture exam. While human rights lawyers in Jayapura had been informed by police that the 12 men were receiving legal aid from the state Legal Aid Post (Pos Bantuan Hukum, Posbakum) – reported in our December update – the men state that they have had no legal accompaniment since their arrest. They are charged with manslaughter and maltreatment under Article 170)1, 2)3, and Article 351)1 of the Indonesian Criminal Code.

Yogor Telenggen moved to Wamena prison

On 10 March 2013 Yogor Telenggen was arrested in Waena, Jayapura, and accused of shootings in 2012 against the Indonesian military. He was later charged instead for an attack on Pirime Disrict police station, allegedly under instructions of a local official in Puncak Jaya. Telenggen was reportedly charged under Articles 340, 338, 170, 251 of the Indonesian Criminal Code and Emergency Law 12/1951 for violent crime and possession of ammunition. Telenggen was reportedly beaten severely on arrest, denied legal representations throughout the extremely long interrogation process, and spent an unusually long time in police detention in Jayapura before being moved to Wamena prison. Papuans Behind Bars are concerned that Telenggen continues to lack legal accompaniment and is being denied access to a fair trial.

Serui High Court ruling reinforces sentences for Edison Kendi and Yan Piet Maniamboi

Information received from human rights lawyers indicate that even though the Serui High Court has reinforced prison sentences handed to Edison Kendi and Yan Piet Maniamboi in July 2013 of 2 years and 18 months respectively, measures have not yet been taken to redetain them. Their lawyers have as yet no plans to submit a further appeal.

News

Papuans demand that MSG delegation meet with political prisoners

On 10 January, Majalah Selengkah reported a statement by political prisoner Filep Karma requesting that the MSG delegates should meet with Papuan political prisoners from various jails across Papua. According to the same news site, on 13 January student group GEMPAR blocked the UNCEN campus in Abepura to criticise the MSG delegation visit and called on the delegation to meet with Papuan political prisoners and victims of human rights violations. A joint statement of Papuans in Java and Bali made on the same day, circulated by Papuan journalist Oktovianus Pogau, echoed the same demand, among others.

Jayapura MSG protest arrests widely condemned

Several commentators have noted the ‘own goal’ scored by Indonesia in its repressive reaction to the protests, which proved the very point that the MSG delegation was supposed to be investigating – ongoing human rights violations in Papua. In an article posted by Jubi on 14 January, Human Rights Watch’s Indonesia researcher, Andreas Harsono, condemned the arrests, underlining the guarantees in both national and international law which should allow the right to peaceful protest, and noting that the incident was a very bad advert for Indonesia. The same article also cited Papuan church leader Socrates Sofyan Yoman, who said that Indonesia had shown its ‘stupidity’ in making these arrests  which clearly proved that Indonesia is not a democratic country. Senior Papuan lawyer Yan Christian Warinussey issued a statement on 13 January condemning the arrests, and stressed the lack of protection for basic human rights such as freedom of expression and freedom of assembly in Papua. The arrests were also condemned by Ruben Magai, Chair of the Papua Provincial Parliamentary Commission on Law, Human rights and Foreign Affairs (Komisi A).

Amendment of repressive law undermines charges against Papuan activists

Charges against bailed Papuan demonstrators Alfares Kapisa, Benny Hisage, Abraham Demetouw, Danny Kosamah and Arnoldus Kocu must be re-examined following an amendment to Article 335 under which they have been charged. On 16 January 2014, Article 335 of the Indonesian Criminal Code was amended by the Constitutional Court, removing the wording ‘offensive treatment’ (perbuatan tidak menyenangkan) due to the elastic nature of the phrase. The move was welcomed by Papuan lawyer Yan Christian Warinussey who said in a statement dated 19 January that in its previous formulation Article 335 was “vulnerable to misuse and arbitrary application.” In 2012, the Jayapura Court prosecutor threatened to charge Papuan human rights lawyer Gustaf Kawer with offensive treatment under Article 335 for comments made during the high profile Third Papuan People’s Congress treason trial.

Human rights advocates call for release of Papuan political prisoners at EU hearing

On 23 January, the EU Sub-Committee on Human Rights held a hearing about Papua, where members of the EU parliament were addressed by representatives of the Indonesian government, as well as the Jayapura branch of the Alliance for Independent Journalists, Jakarta-based solidarity group NAPAS, and the International Coalition for Papua (ICP). According to the Jakarta Post, the ICP called on the Indonesian government to release Papuan political prisoners and open up Papua to international human rights mechanisms. Meanwhile in Papua, students from GEMPAR held a demonstration at UNCEN in support of the hearing, blocking entry into the campus. The students highlighted human rights violations and the silencing of democracy in Papua , calling for access to Papua to be opened for international journalists and the UN Special Rapporteur on Freedom of Expression.

January 2014 Papuan political prisoners

* Apolos Sewa, Yohanis Goram Gaman, Amandus Mirino and Samuel Klasjok are currently facing charges of conspiracy to commit treason. Even though they were bailed a day after their arrest, they are currently undergoing investigation and are vulnerable to re-arrest. They are currently obliged to report to the police twice a week.

**Even though Edison Kendi and Yan Piet Maniamboi have now been released from detention, they are still facing a prison sentence of 2 years’ and 18 months’ imprisonment 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.

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

*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

In brief

At the end of December 2013, there were at least 70 political prisoners in Papuan jails. After a period of sustained demonstrations and 112 political arrests in November, this month saw fewer demonstrations and no political arrests.

As reported in our November update, on 1 December 2013, two Papua New Guinea nationals and one West Papuan were arrested in Port Moresby, Papua New Guinea, during a ceremony raising the Papuan Morning Star flag, held to commemorate the date which West Papuans consider to be their national day. The three men have been released on bail. The arrests show the curbing of free expression extending beyond Indonesia’s borders, and a PNG civil society group has criticised Indonesia’s alleged interference.

While the UN Working Group on Arbitrary Detention declared in November 2011 that detaining people for raising the Morning Star flag is a violation of international law, there has been an increase in the number of detentions relating to the Morning Star flag in 2013.

Six detainees in the Aimas 1 May case were sentenced to 1.5 years’ imprisonment for conspiracy to commit treason under Articles 106 and 110 of the Indonesian Criminal Code. Isak Klaibin, who the court considered to be the leader of the gathering on 30 April, was sentenced to 3.5 years’ imprisonment under the same charges and an additional charge under the Emergency Law 12/1951. Yan Christian Warinussey, the Executive Director of LP3BH (Institute for Research, Investigation and Development of Legal Aid in Manokwari, Lembaga Penelitian, Pengkajian dan Pengembangan Bantuan Hukum), stated that the sentencing reflected poorly on the situation of human rights in Papua, particularly with regards to freedom of expression.

Despite attempts by the Provost and vice-Provost of Cenderawasih University (Universitas Cenderawasih, UNCEN) in November 2013 to suppress political activity on campus, students continued to protest against the detention of student leader Yason Ngelia, holding a further demonstration on 12 December.

West Papua attracted further international attention, with the completion of the ‘Pedalling for Papua’ campaign at Abepura prison, Jayapura, where human rights activist Jeremy Bally delivered global messages of support to the prisoners. There were concerns over distorted media coverage of his visit and Indonesian news outlets were criticised as misrepresentative.

Arrests

Aside from the arrest of three people in Port Moresby, Papua New Guinea on 1 December 2013 (see Political Trials and Cases Overview below) as reported in our November Update, there were no other reported political arrests in December 2013. The Port Moresby arrests were not recorded as political arrests in the Papuans Behind Bars data as there is no evidence that they were carried out by or under the orders of Indonesian authorities.

Releases

Atis Rambo Wenda released

According to local human rights sources, Atis Rambo Wenda was released on parole from Abepura prison on 1 December 2013. Wenda was charged with Article 170 for violent crime and sentenced to 10 months’ imprisonment on 20 July 2013. He suffered brutal torture while in detention and was denied a fair trial, access to lawyers and adequate medical care. He is required to report to the police for a month following his release.

Political trials and cases overview

Three arrested during Port Moresby rally granted bail

As reported in our November Update, on 1 December, three people were arrested by police in Port Moresby, Papua New Guinea, during a ceremony where the Morning Star flag was raised. The ceremony marked the date which West Papuans consider to be their national day, as well as the start of the Sorong to Samarai campaign, which aims to gather signatories from across Papua New Guinea in support of West Papua’s membership application to the Melanesian Spearhead Group (MSG).

Online news site Pacific Islands News Association (PINA) reported that the three men were released on bail a few days after their arrest and were charged with organising an unlawful public assembly. They were granted bail on the condition that they refrained from political activities, avoided interference with state witnesses and cooperate with the court regularly until the start of their trial in March 2014. The same article stated that PNG police have warned the public to inform authorities of any intention to hold public gatherings. Kenn Mondiai, the Director of Partners with Melanesia (PWM), a Papua New Guinean NGO, has expressed his concerns over alleged Indonesian interference in freedom of expression and assembly in Papua New Guinea.

Seven in Aimas 1 May case sentenced to prison

On 3 December, the seven men detained in the Aimas 1 May case received prison sentences for charges of conspiracy to commit treason under Articles 106 and 110. Obaja Kamesrar, Jordan Magablo, Klemens Kodimko, Antonius Saruf, Obeth Kamesrar dan Hengky Mangamis each received sentences of 1.5 years’ imprisonment while Isak Klaibin, who faced an additional charge of possession of weapons under Emergency Law 12/1951, received a sentence of 3.5 years’ imprisonment.

According to an article by ALDP (Aliansi Demokrasi untuk Papua, Alliance for Democracy for Papua), the judges had considered Klaibin as being the leader of the gathering on 30 April 2013, which aimed to mark the 40th anniversary of the administrative transfer of Papua to Indonesia on 1 May 1963. Three people were killed when security forces opened fire into the crowd which had gathered outside Isak Klaibin’s house for a prayer session. Judges reportedly stated that Klaibin’s actions coordinating political activities were considered disruptive to public order and security. In his criticism of the sentencing, Yan Christian Warinussey, the Executive Director is LP3BH, stated that none of the witness testimonies received during the trial had proved that the seven men were guilty of treason.

Trial of student leader to start in January

Information from local human rights workers reported that the trial for Yason Ngelia, an UNCEN student who was active in leading demonstrations, may start in January. Arrested at protests against the new Special Autonomy Plus bill in November 2013, Ngelia has reportedly been charged with assault under Article 351 of the Indonesian Criminal Code. Previous reports indicate that, subsequent to his arrest at the demo, he was charged on the basis of accusations of assault against another UNCEN student. Under instructions of the police, he has suffered beatings from other detainees during detention in Jayapura Regional police station, and has had his head forcibly shaved. On 11 December, students from the Papuan Student Youth Society Movement (Gerakan Mahasiswa Pemuda dan Masyarakat, GEMPAR) gathered outside the UNCEN campus in Waena calling for Ngelia’s immediate and unconditional release.

Demonstrators caught in clashes on 26 November to receive legal aid

Human rights lawyers reported that the 12 demonstrators detained on 26 November 2013 for their involvement in a demonstration in support of the Sorong to Samarai campaign are receiving legal accompaniment from the Legal Aid Post (Pos Bantuan Hukum, Posbakum). The 12 men – Pendius Tabuni, Muli Hisage, Karmil Murib, Tomius Mul, Nikson Mul, Nius Lepi, Tinus Meage, Mathius Habel, Agus Togoti, Natan Kogoya, Nikolai Waisal and Penius Tabuni – are facing charges under Articles 170 and 135 of the Indonesian Criminal Code and Emergency Law 12/1951 for possession of homemade weapons and ammunition. A total of 28 people were arrested and nine injured during clashes between security forces and demonstrators.

News

Verdict delivered for Biak Massacre citizens’ tribunal in Sydney

On 16 December, the verdict for the findings of a citizens’ tribunal on the Biak Massacre, held at the University of Sydney, were announced. The tribunal began in July 2013 to mark the 15th anniversary of ‘Bloody Biak,’ which occured on 2 July 1998. The tribunal heard witness testimony detailing allegations of mass murder, rape and torture. Filep Karma, who was first convicted for treason after leading the gathering in Biak from 2 to 6 July 1998, provided testimony via video from his cell in Abepura prison, where he is currently serving a second prison sentence for treason. The tribunal has recommended that the Indonesian Government to be called upon to hold an independent judicial inquiry into the crimes against humanity which occurred.

Campaigning through art

On 1 December, a flag-raising event was held in Melbourne to commemorate the date which West Papuans consider to be their national day and the Australian leg of the ‘Pedalling for Papua’ campaign. To mark the occasion, Australian human rights advocate and artist Peter Woods painted a series of portrait paintings of Papuan political prisoners. Half of the proceeds from sales of the paintings will go towards supporting political prisoners in Papua.

‘Pedalling for Papua’ activist meets political prisoners in Abepura

Human rights activist Jeremy Bally brought the Canadian campaign ‘Pedalling for Papua’ to an end in December 2013 with a visit to Abepura prison, Jayapura. Bally met with political prisoners in Abepura prison, passing them messages of support in the form of postcards and a video put together during his six-month cycle tour that spanned 12,000 kilometres across seven countries. The campaign told the stories of the Papuan diaspora and highlighted the plight of Papuan prisoners internationally.

His visit was warmly received by the political prisoners, who expressed their thanks and appreciation to the activist. Filep Karma, currently serving a 15-year prison sentence for treason, stated that Bally’s efforts helped to bring attention to the Papuan cause. The coverage of his visit by two Indonesian newspapers, the Jakarta Post and the Jakarta Globe, was criticised by Bally as misrepresentative. Bally claims that the papers falsely attributed comments to him stating that the situation in Abepura prison was not as bad as he had expected. Whereas in reality Bally was challenging the basis for the detention of these people, as well as the beatings, torture, poor conditions and lack of access to healthcare which many of them have suffered.

December 2013 Papuan political prisoners

Prisoner Arrested Charges Sentence Case Accused of violence? Concerns reported re legal process? Prison / Place of detention

1 Pendius Tabuni 26 November 2013 170, 135, Emergency Law 12/1951 Under investigation Demonstration in support of FWPC PNG office arrests Yes Yes Jayapura Regional police station

2 Muli Hisage 26 November 2013 170, 135, Emergency Law 12/1951 Under investigation Demonstration in support of FWPC PNG office arrests Yes Yes Jayapura Regional police station

3 Karmil Murib 26 November 2013 170, 135, Emergency Law 12/1951 Under investigation Demonstration in support of FWPC PNG office arrests Yes Yes Jayapura Regional police station

4 Tomius Mul 26 November 2013 170, 135, Emergency Law 12/1951 Under investigation Demonstration in support of FWPC PNG office arrests Yes Yes Jayapura Regional police station

5 Nikson Mul 26 November 2013 170, 135, Emergency Law 12/1951 Under investigation Demonstration in support of FWPC PNG office arrests Yes Yes Jayapura Regional police station

6 Nius Lepi 26 November 2013 170, 135, Emergency Law 12/1951 Under investigation Demonstration in support of FWPC PNG office arrests Yes Yes Jayapura Regional police station

7 Tinus Meage 26 November 2013 170, 135, Emergency Law 12/1951 Under investigation Demonstration in support of FWPC PNG office arrests Yes Yes Jayapura Regional police station

8 Mathius Habel 26 November 2013 170, 135, Emergency Law 12/1951 Under investigation Demonstration in support of FWPC PNG office arrests Yes Yes Jayapura Regional police station

9 Agus Togoti 26 November 2013 170, 135, Emergency Law 12/1951 Under investigation Demonstration in support of FWPC PNG office arrests Yes Yes Jayapura Regional police station

10 Natan Kogoya 26 November 2013 170, 135, Emergency Law 12/1951 Under investigation Demonstration in support of FWPC PNG office arrests Yes Yes Jayapura Regional police station

11 Nikolai Waisal 26 November 2013 170, 135, Emergency Law 12/1951 Under investigation Demonstration in support of FWPC PNG office arrests Yes Yes Jayapura Regional police station

12 Penius Tabuni 26 November 2013 170, 135, Emergency Law 12/1951 Under investigation Demonstration in support of FWPC PNG office arrests Yes Yes Jayapura Regional police station

13 Yason Ngelia 7 November 2013 351 Under investigation Demonstration against Otsus Plus arrests Yes Yes Jayapura Regional police station

14 Piethein Manggaprouw 19 October 2013 106, 110 On trial Third Papuan Congress demo in Biak No Trial pending Biak Regional police station

15 Apolos Sewa* 28 August 2013 106, 110 Under investigation Freedom Flotilla arrests in Sorong No Yes On bail

16 Yohanis Goram Gaman* 28 August 2013 106, 110 Under investigation Freedom Flotilla arrests in Sorong No Yes On bail

17 Amandus Mirino* 28 August 2013 106, 110 Under investigation Freedom Flotilla arrests in Sorong No Yes On bail

18 Samuel Klasjok* 28 August 2013 106, 110 Under investigation Freedom Flotilla arrests in Sorong No Yes On bail

19 Victor Yeimo 13 May 2013 160 3 years (handed down in 2009) 2009 demo; 13 May Jayapura demo No Yes Abepura

20

Astro Kaaba 3 May 2013 Treason Unknown Yapen police death Yes Trial pending Serui police station

21

Hans Arrongear Unknown Treason Unknown Yapen police death Yes Trial pending Serui police station

22 Oktovianus Warnares 1 May 2013 106, 110, Emergency Law 12/1951 Trial ongoing Biak flag-raising, 1 May commemoration Yes Yes Biak

23 Yoseph Arwakon 1 May 2013 106, 110, Emergency Law 12/1951 Trial ongoing Biak flag-raising, 1 May commemoration Yes Yes Biak

24 Yohanes Boseren 1 May 2013 106, 110, Emergency Law 12/1951 Trial ongoing Biak flag-raising, 1 May commemoration Yes Yes Biak

25 Markus Sawias 1 May 2013 106, 110, Emergency Law 12/1951 Trial ongoing Biak flag-raising, 1 May commemoration Yes Yes Biak

26 George Syors Simyapen 1 May 2013 106, 110, Emergency Law 12/1951 Trial ongoing Biak flag-raising, 1 May commemoration Yes Yes Biak

27 Jantje Wamaer 1 May 2013 106, 110, Emergency Law 12/1951 Trial ongoing Biak flag-raising, 1 May commemoration Yes Yes Biak

28

Domi Mom 1 May 2013 106, 110 Trial ongoing Timika flag-raising, 1 May commemoration No Trial pending Timika

29 Alfisu Wamang 1 May 2013 106, 110 Trial ongoing Timika flag-raising, 1 May commemoration No Trial pending Timika

30 Musa Elas 1 May 2013 106, 110 Trial ongoing Timika flag-raising, 1 May commemoration No Trial pending Timika

31 Eminus Waker 1 May 2013 106, 110 Trial ongoing Timika flag-raising, 1 May commemoration No Trial pending Timika

32 Yacob Onawame 1 May 2013 106, 110 Trial ongoing Timika flag-raising, 1 May commemoration No Trial pending Timika

33 Hengky Mangamis 30 April 2013 106, 107, 108, 110, 160 and 164 1 year and 6 months Aimas 1 May commemoration No Yes Sorong

34 Yordan Magablo 30 April
2013 106, 107, 108, 110, 160 and 164 1 year and 6 months Aimas 1 May commemoration No Yes Sorong

35

Obaja Kamesrar 30 April
2013 106, 107, 108, 110, 160 and 164 1 year and 6 months Aimas 1 May commemoration No Yes Sorong

36 Antonius Saruf 30 April
2013 106, 107, 108, 110, 160 and 164 1 year and 6 months Aimas 1 May commemoration No Yes Sorong

37 Obeth Kamesrar 30 April
2013 106, 107, 108, 110, 160 and 164 1 year and 6 months Aimas 1 May commemoration No Yes Sorong

38 Klemens Kodimko 30 April
2013 106, 107, 108, 110, 160 and 164 1 year and 6 months Aimas 1 May commemoration No Yes Sorong

39 Isak Klaibin 30 April
2013 106, 107, 108, 110, 160 and 164 3 years and 6 months Aimas 1 May commemoration No Yes Sorong

40 Yahya Bonay 27 April 2013 Unknown Unknown Yapen police
death Yes Trial pending Serui police custody

41 Yogor Telenggen 10 March 2013 340, 338, 170, 251, Emergency Law 12/1951 Awaiting trial Pirime shootings 2012 Yes Yes Papua Provincial police station

42 Isak Demetouw (alias Alex Makabori) 3 March 2013 110; Article 2, Emergency Law 12/1951 2 years 2 months Sarmi treason No Yes Sarmi

43 Daniel Norotouw 3 March 2013 110; Article 2, Emergency Law 12/1951 1 year Sarmi treason No Yes Sarmi

44

Niko Sasomar 3 March 2013 110; Article 2, Emergency Law 12/1951 2 years 2 months Sarmi treason No Yes Sarmi

45 Sileman Teno 3 March 2013 110; Article 2, Emergency Law 12/1951 2 years 2 months Sarmi treason No Yes Sarmi

46 Bastian Mansoben 21 October 2012 Emergency Law 12/1951 3 years 6 months Biak explosives case Possession of explosives No Biak

47 Andinus Karoba 10 October 2012 365(2), Law 8/1981 1 year 10 months Jayapura Demmak activist Yes Yes Abepura

48 Yan Piet Maniamboi** 9 August 2012 106 18 months (verdict being appealed) Indigenous people’s day celebrations, Yapen No Yes On bail

49 Edison Kendi** 9 August 2012 106 2 years (verdict being appealed) Indigenous people’s day celebrations, Yapen No Yes On bail

50 Jefri Wandikbo 7 June 2012 340, 56, Law 8/1981 8 years KNPB activist tortured in Jayapura Yes Yes Abepura

51 Timur Wakerkwa 1 May 2012 106 2.5 years 1 May demo and flag-raising No No Abepura

52 Darius Kogoya 1 May 2012 106 3 years 1 May demo and flag-raising No No Abepura

53 Selpius Bobii 20 October 2011 106 3 years Third Papua Congress No Yes Abepura

54 Forkorus Yaboisembut 19 October 2011 106 3 years Third Papua Congress No Yes Abepura

55 Edison Waromi 19 October 2011 106 3 years Third Papua Congress No Yes Abepura

56 Dominikus Surabut 19 October 2011 106 3 years Third Papua Congress No Yes Abepura

57 August Kraar 19 October 2011 106 3 years Third Papua Congress No Yes Abepura

58 Wiki Meaga 20 November 2010 106 8 years Yalengga flag-raising No Yes Wamena

59 Oskar Hilago 20 November 2010 106 8 years Yalengga flag-raising No Yes Wamena

60 Meki Elosak 20 November 2010 106 8 years Yalengga flag-raising No Yes Wamena

61 Obed Kosay 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
Ferdinand Pakage 16 March 2006 214 15 years Abepura case 2006 Yes Yes Abepura

64 Filep Karma 1 December 2004 106 15 years Abepura flag-raising 2004 No Yes Abepura

65 Yusanur Wenda 30 April 2004 106 17 years Wunin arrests Yes No Wamena

66 Linus Hiel Hiluka 27 May 2003 106 20 years Wamena ammunition store raid Yes Yes Nabire

67 Kimanus Wenda 12 April 2003 106 20 years Wamena ammunition store raid Yes Yes Nabire

68
Jefrai Murib 12 April 2003 106 Life Wamena ammunition store raid Yes Yes Abepura

69 Numbungga Telenggen 11 April 2003 106 Life Wamena ammunition store raid Yes Yes Biak

70 Apotnalogolik Lokobal 10 April 2003 106 20 years Wamena ammunition store raid Yes Yes Biak

* Apolos Sewa, Yohanis Goram Gaman, Amandus Mirino and Samuel Klasjok are currently facing charges of conspiracy to commit treason. Even though they were bailed a day after their arrest, they are currently undergoing investigation and are vulnerable to re-arrest. They are currently obliged to report to the police twice a week.
** Even though Edison Kendi and Yan Piet Maniamboi have now been released from detention, they are still facing a prison sentence of 2 years’ and 18 months’ imprisonment 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

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 50^th 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

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

Papuans Behind Bars is a new project about political prisoners in West Papua. Our aim is 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, Jakarta-based NGOs and international solidarity groups.

The project holds records of over 200 current and former political prisoners and the website – www.papuansbehindbars.org – will go live in March. We will publish monthly Updates, providing alerts on political arrests and a round-up of latest developments affecting Papuan political prisoners. The January Update is the first in the series.

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

In brief

At the end of January 2013 there were 33 political prisoners in Papuan jails. Two political prisoners were released and there were at least seven political arrests. Trials began for the Timika treason and explosives case and the Serui Indigenous people’s day case, and trials for the Wamena explosives case and Dani Kogoya case were expected to begin soon. The three-year sentences of two men who raised the flag at a demonstration in May 2012, Darius Kogoya and Timur Wakerkwa, were submitted for appeal to the Jayapura High Court. The Mantembu ‘TPN camp’ case has yet to come to trial.

Parole requests are pending for Apotnalogolik Lokobal, Kimanus Wenda and Linus Hiluka, all serving long sentences in connection with the raid on the Wamena military arsenal in 2003. In connection with the same case, requests were submitted to commute the life sentences of Jefrai Murib and Numbungga Telenggen to fixed term sentences. A request for clemency submitted in 2010 on behalf of six political prisoners currently held in Wamena prison has still met with no response from the government.

Arrests

Seven activists arrested in Mantembu

Seven activists were reportedly arrested in Mantembu village, Yapen island on 16 January 2013, ahead of demonstrations planned for the next day. The seven were named as Yohan Ayum, Lamkiur Ayum, Penina Pangkurei, Oki Warkawani, Mambiwa Wandamani, Simeon Ayum, and Isak Warkawani. They were reportedly arrested for allegedly supporting Papuan independence. It is not yet known whether the seven are still in detention, or whether they have been charged.

Releases

Buchtar Tabuni released, secures release of Simeon Dabi

On 18 January at 09:00, Buchtar Tabuni, an activist in the West Papua National Committee (Komisi Nasional Papua Barat,KNPB) and leader of the unofficial West Papua National Parliament, was released after completing an eight-month prison sentence. He had been convicted for allegedly leading a riot in Abepura prison in 2010. The riot broke out when inmates heard that a former prisoner, Miron Wetipo, had been shot dead shortly after escaping. Mr Tabuni, who was in prison for leading a demonstration at the time, has always maintained that he was simply trying to mediate the situation in the jail.

Buchtar Tabuni‘s first act on being let out of prison was to walk to the site where fellow KNPB leader Mako Tabuni was shot dead by police one week after the re-arrest of Buchtar Tabuni. Shortly afterwards he flew to Wamena, where he reportedly went to police headquarters to try and ensure the release of KNPB members accused of possessing explosives. He offered to act as a guarantor that they would not run away or commit acts of violence. On these terms the police agreed to release Wamena KNPB leader Simeon Dabi, although the others remained in jail.

On 6 February Buchtar Tabuni continued to Timika, where he also called on the six KNPB members being held in prison there, on the day before their first trial hearing. The KNPB reported that he told them: “Now you’re in the little prison, but if they let you out you’ll be in the big prison. In the little prison everything is provided – food, water, a place to sleep. But on the outside finding food and drink is tough, moving about is tough, cultivating a piece of land is tough – everything is tough, that’s why the big prison is outside.”

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. An example is the case of Jayapura-based OPM leader Dani Kogoya and four other people, who stand accused of involvement in what are known as the Nafri murders. Because these cases are more complex, Papuans Behind Bars is not able to determine whether the defendants are political prisoners until the outcomes of their trials are known. We are, however, concerned that the defendants are at risk of not receiving adequate legal representation or a fair trial due to the apparent political nature of the trials and the stigma around them.

Serui: Indigenous people’s day case

Edison Kendi and Yan Piet Maniamboi are both activists with the West Papua National Authority who took part in a demonstration on 9 August 2012 in Serui, to commemorate the UN Day of World’s Indigenous Peoples. At least six demonstrators were arrested, some were beaten, and Mr Kendi and Mr Maniamboi were charged with treason and incitement. They had the first session of their court hearing on 29 January 2013.

Local human rights defenders who have visited the two men say that they are ill due to the prison conditions and the torture they have suffered. Edison Kendi in particular was reportedly badly beaten by the police Mobile Brigade when he was arrested.

Edison Kendi has also stated that since his arrest, his 11-year-old son Desyudi has been intimidated by an intelligence agent named Rian who has frequently visited the family house to ask questions about his father. He was so scared he moved to a different village, only to be followed by the same agent, threatening that his father would be kept in prison for life or be killed. The boy was also reportedly forced to leave school, without being told the reason by school authorities.

Wamena: explosives case

Combined police and military forces raided the Wamena KNPB secretariat on 29 September 2012. Two small explosions had taken place in the city that month. On arresting eight people, the police also claimed to have found two ready-assembled bombs in the building. Another person was arrested on 13 October, and several more on 16 December.

As noted above, Buchtar Tabuni has attempted to secure their release, but so far has only been able to persuade the police to release one man, Simeon Dabi. It is thought that some form of plea bargaining is ongoing between police and some of the suspects, which lawyers report may be a strategy to cause divisions in the movement.

Eight of those arrested are expected to face trial, with the first hearing due to start on 5 February. It is believed they are charged with possession of explosives under the 1951 Emergency Law 12. The eight believed to be facing trial are Edo Doga, Yan Yunus Wamu, Jemi Mabel, Melias Kosay, Ribka Kosay (female), Yusuf Hiluka, Lucky Matuan, and Athys Wenda.

The eight are without legal representation, and while they have appealed for Jayapura-based human rights lawyers to represent them, they have been unable to pay transport and accommodation costs for the lawyers (who rarely charge legal fees). The cost of return tickets for two lawyers from Jayapura to Wamena, plus accommodation for two nights is around IDR 4,000,000 (around USD 400). Persons tried in political cases Wamena, particularly those with little or no legal representation, have historically received harsh sentences as a result of questionable trials.

Timika: treason and explosives case

On 19 October, a few weeks after the first arrests in Wamena, police descended on the KNPB headquarters in Timika and prominent KNPB leaders’ homes. Police arrested around twelve people in all, of which six have been held to face trial: Steven Itlay, Romario Yatipai, Paulus Marsyom, Yantho Awerkion, Jack/Yakonias Wonsior, and Alfret Marsyom. According to the lawyers’ demurrer, the case appears to focus on several peaceful demonstrations which had been carried out by the KNPB in Timika during 2011 and 2012. They defendants state that they were beaten and forced to confess to making arrows to use at the demonstrations, and also that they were planning to hold a demonstration on the day of their arrest.

When the six were arrested, the charges were initially similar to those in the Wamena explosive case (see above); possession of explosives as covered by the 1951 Emergency Law 12. However, it appears that most of the six will not ultimately be charged with this offence. Only Yantho Awerkion is still facing the original charge, for possessing material commonly used for dynamite fishing. The others are now charged with treason, under Article 106 of Indonesia’s Criminal Code, which has long been used to criminalise many forms of dissent in West Papua.

The KNPB has reported that the trial is starting on 7 February. The KNPB in both Timika and Wamena have strongly denied that their members were involved in any conspiracy to make bombs, and allege that the accusations are part of a strategy to discredit and criminalise their organisation.

Jayapura: Dani Kogoya Case

Another case due to come to trial in early February 2013 is that of Dani Kogoya and four others; Albert/Lambertus Siep, Tandius Kogoya, Yupinus Dabi and Gidi Wenda, accused of carrying out a raid in Nafri village near Jayapura on 1 August 2011. A group of people cut down trees to block the entrance to the village, then attacked people who passed by, killing one military officer and three civilians.

Dani Kogoya is known as the local OPM leader and was swiftly blamed for the attack, as he had been for another attack at the same place in late 2010. Eventually he was arrested in Jayapura on 2 September 2012. At least twenty-two others were also arrested, of whom six were initially held as suspects. Five people including Mr Kogoya are now facing trial.

Mr Kogoya, who was denied access to a lawyer for around a week following his arrest, reportedly admitted to the 2011 attack while under police interrogation, and during a press conference organised by the police, where he seemed to express regret for the killings and explained he was acting under orders from his superiors in the OPM. Nevertheless, he is still entitled to his right to a fair trial. Regardless of the facts of the case, there are two major concerns: 1) the violent reputation which has been constructed around Mr Kogoya by the police and media, and 2) the torture, violence and arbitrary arrests which occurred during the investigation, including the alleged disappearance of an eight-year-old child.

Firstly, an air of sensationalism surrounds the case. Dani Kogoya’s name has been demonised by security forces who have publically accused him of various violent incidents occurring around the Jayapura area. Indeed, months before his arrest, the leader of the Jayapura branch of the Alliance of Independent Journalists, Victor Mambor, warned the public to be cautious of any reports that mentioned Dani Kogoya’s name, as this was one hallmark of reports that might be manipulative, deceitful or biased towards the authorities.

Secondly, serious human rights abuses have already taken place as the case developed; on 31 August 2011 a combined army and police operation swooped on the Wahno hill area of Kotaraja Luar, Jayapura, looking for perpetrators of the attack in Nafri. They demanded to know the whereabouts of Dani Kogoya, Gidi Wenda and others, using extreme intimidation and torture, including forcing the local leader (lurah) to dig a hole at gunpoint. That day they arrested and maltreated 15 people, beating them and forcing them to lie on the ground for hours, then inside a locked truck under the hot sun. Two men were held for a longer period; Ekimar Kogoya was eventually released three months later, but Penius Kogoya was tried and sentenced to three years for allegedly having participated in the Nafri attack.

There are also reports that Desi Kogoya, Dani Kogoya’s eight-year-old daughter, was taken away by police during the raid and her whereabouts were unknown until she was returned to the community one week later.

One year later, on 2 September 2012, Dani Kogoya was arrested. Mainstream media reports indicate that he was arrested in a hotel in Entrop Jayapura, together with two other people. Police claim that Dani Kogoya tried to escape arrest and so they shot him in the leg. The resulting injury meant that his leg needed to be amputated.

The first hearing in this case was on 4 February. It is also of concern that all the witnesses for the prosecution appear to be police officers, suggesting that there may not be much, if any, evidence against the men. We understand that this is a difficult case, where deadly violence was used against civilians. Previously in cases of political violence the trials have been motivated by politics and emotion, and far from fair, such as the trials for the Abepura case after a demonstration against the Freeport mine turned violent in 2006. Our sincere hope is that the trial will be fair, that evidence will be evaluated without presumption or bias and that there is no intimidation of suspects, witnesses or lawyers.

Serui: TPN camp case

Two men arrested under suspicion of involvement with a TPN (Tentara Pembebasan Nasional, National Liberation Army) camp are still in detention in Serui prison. Jon Nuntian and Jamal Omrik Manitori, arrested on 29 May 2012 and 3 July 2012 respectively, are thought to have been detained in connection with the same case, and are both charged with treason. The arrest on 29 May took place during a raid, which was part of a chain of events in the Angkaisera area during May and June. On 12 May another raid had taken place in a nearby village, where local newspaper Tabloid Jubi reported that a 16 year old boy was threatened with a pistol to his head. On the night of 29 May, the Umagi news pro-independence website reported that military troops had burned houses in Wanampompi village, and at the same time arrested Mr Nuntian. That report describes Mr Nuntian as an ordinary civilian.

Reports vary on what was meant by a TPN/OPM training camp. Several reports indicate that the only weapons seized by police were items which would be legitimately owned by villagers anywhere, such as machetes and an air gun. A police source reported by Tabloid Jubi and a military source reported by TribunNews both provide a longer list of confiscated items which includes a firearm, and camping equipment such as large tents. However the two lists are significantly different.

Tabloid Jubi has also reported that shortly after John Nuntian’s arrest, a demonstration took place at Yapen District Legislative Council (Dewan Perwakilan Rakyat Daerah, DPRD) demanding the release of John Nuntian and protesting the arbitrary violence that had occurred. Three women were arrested that morning because they were wearing t-shirts with images of the banned Morning Star flag. They were held until that night. A man who was also arrested later said that police officers had taken IDR 502,000 from him (around USD 50).

Jayapura: Flag-raising case

Two men have been convicted of treason for raising the Morning Star flag at a demonstration in Jayapura on 1 May 2012. The demonstration, held at the Theys Eluay memorial park, was requesting protection for human rights. Darius Kogoya and Timur Wakerkwa were sentenced to 3 years’ imprisonment by the Jayapura State Court, and are detained in Abepura prison. Their case is currently being appealed to the High Court in Jayapura.

News

Clemency request for Wamena prisoners still ignored

Lawyers representing six political prisoners in Wamena prison have submitted a request for clemency. Four of the men, Meki Elosak, Obeth Kosay, Oskar Hilago and Wiki Meaga, are serving eight year sentences for carrying a Morning Star flag to a funeral in Yalengga. The verdict was not appealed due to lack of legal funds, and their case has been all but forgotten, leaving them to spend eight years in jail for an act of peaceful political expression.

The fifth person is Yusanur Wenda who was arrested in Wunin in the Central Highlands in 2004, in a complicated treason case for which he is now serving a 17 year sentence (the other six prisoners from this case have either been released or escaped).

The sixth person, Dipenus Wenda, was arrested in 2004 while handing out flyers urging people to boycott local elections in Bokondini. He is serving a 14 year sentence. The request for clemency, submitted in 2010, has so far met with no response.

UN Special Rapporteur on Freedom of Expression postpones his visit to Indonesia

Frank La Rue, the UN Special Rapporteur on the Right to Freedom of Opinion and Expression was due to visit Indonesia on 14 January 2013. Indonesia had invited him in June last year, during its Universal Periodic Review at the UN Human Rights Council, a process by which a country’s human rights performance is assessed by other UN member states every four years. A number of states recommended that the Special Rapporteur be allowed to visit Indonesia.

Some days before the planned visit, it became evident that Mr La Rue would only be able to visit Jakarta and Sampang prison in Madura, where a Shia cleric was imprisoned for blasphemy after his house had been burned down by angry local Sunni Muslims. Mr La Rue would not be able to visit West Papua and Ambon in Maluku province.

A government spokesperson interviewed by Metro TV said that all foreigners wanting to enter West Papua had needed a permit ever since 1963. When asked why this was, he referred to possible security disturbances. Information obtained by the West Papua Advocacy Team suggests that Mr La Rue postponed his visit because he was not allowed to visit prisoners in Jayapura and Ambon.

Meanwhile Papuan activists both inside and outside prison have urged Mr La Rue to visit West Papua. Victor Yeimo, former political prisoner and leader of the KNPB, encouraged him to meet Filep Karma and other political prisoners, and address the issue of KNPB members and others who have been accused of treason, terrorism or security disturbances. Selpius Bobii, head of Pepera PB who is in prison for his part in organising the Third Papuan People’s Congress in October 2011, also welcomed Mr La Rue’s action of delaying his visit until he was allowed to set his own agenda. Bobii urged the Indonesian Government to immediately open access for foreign journalists and human rights workers to enter West Papua and Ambon.

January 2013 Papuan political prisoners

In brief

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

The number of political prisoners decreased this month following the release of 17 prisoners in three separate cases: the Third Papua Congress case, 26 November arrests and Nabire civilian accused as OPM case. 16 of these 17 releases were due to a completion of prison sentences. Meanwhile, there were at least 70 political arrests this month, the highest recorded number so far this year. These arrests included the mass arrest of 25 people in Timika at a peaceful demonstration, including at least five women and four children aged one to two years. Most people arrested this month faced ill-treatment on arrest or in detention. Bilim Wenda, one of the 25 demonstrators in Timika, faced torture and cruel and degrading treatment in detention.

Many of the arrests related to the recent Presidential Elections on 9 July 2014. At least 36 political arrests were related to peaceful calls for an election boycott by Papuan activists, following peaceful demonstrations and distributing of flyers. The freedom to not participate in a democratic process, or to campaign for a boycott, is an undeniable element of democratic freedoms. The criminalisation of these actions in Papua has also been documented by Papuans Behind Bars in relation to elections in 2004 and 2009.

The arrest and subsequent release of six people in relation to internal disagreements between students and authorities at Cenderawasih University (Universitas Cenderawasih, UNCEN) were the latest development in a deteriorating situation which began in mid-2012. There has been a move towards greater involvement of police and other security forces in response to student organising and demonstrations relating to human rights, democratic freedoms and internal campus issues. This has been accompanied by a decrease in the university’s role in effectively protecting students and their rights to free expression and assembly.

An incident at Youtefa market in Jayapura on 2 July triggered by the murder of a police officer who demanded bribes resulted in the killing of three men by security forces and a number of arrests. The reported involvement of non-Papuan immigrants in the arbitrary arrest, public torture and beatings of indigenous highlanders – at the invitation of police – is an alarming development. This incident, involving excessive use of force, unprocedural use of firearms and extrajudicial killings as collective punishment of indigenous Papuans represents a serious indictment of police conduct in Papua. It also demonstrates that at the local level, Indonesia’s ongoing climate of impunity is being extended by security forces to further groups whom they view as allies.

Arrests

Scores of activists arrested for peaceful boycott of 9 July Presidential elections

At least 36 people were arrested in Jayapura, Timika, Fak-Fak and Wamena during July 2014 for their peaceful involvement in calling for a boycott of the Indonesian Presidential Elections on 9 July. Local human rights activists reported that Papuans in these areas faced intimidation from police who attempted to force them to vote in the elections. 

Jayapura

On 3 July, six activists from the West Papua National Committee (Komite Nasional Papua Barat, KNPB) were arrested in front of the campus of Cenderawasih University (Universitas Cenderawasih, UNCEN) for giving out flyers calling for an election boycott. The six men – Ono Balingga, Hakul Kobak, Yandri Heselo, Gesman Tabuni, Ronal Wenda and another unnamed man – were beaten on arrest and interrogated at Jayapura Regional police station. They have since been released without charge.

Timika

On 4 July, seven KNPB members were arrested for distributing flyers calling for an election boycott. The seven men – Ruben Kayun, Deky Akum, Kaitanus Siminak, Apollos Simare, Yanuarius Enakat, Gerson Banam and Anthon Damkokor – were arrested by military officers before being handed over to Timika Regional police. With the exception of Kayun, all were released without charge after a few hours in detention. The KNPB reported that Kayun was initially charged with Article 160 for incitement but was later released on 16 July. It is not clear whether the charges have been dropped or not. Testimony from Kayun about his time in detention states that he faced ill-treatment from Timika police. Upon release police also followed him back to his house where they took pictures of his home in a bid to intimidate him.

Fak-Fak

On 5 July, Mama Umi Safisa was arrested by police for distributing flyers calling for a boycott of the 9 July elections. KNPB members gathered outside Kaimana Regional police station where Mama Safisa was detained and attempted to negotiate for her release, however they were forcibly dispersed by police. KNPB Kaimana leader Ruben Furay, who was amongst those protesting against her detention, was reportedly beaten by police.

Wamena

A report received via email from local activists reported a total number of 22 boycott related arrests, with nine people remaining in detention. On 9 July, 18 people were arrested in Wamena for their involvement in the distribution of flyers calling for an election boycott. Out of the 18 people arrested, 13 have already been released from Jayawijaya Regional police station. The five still detained are reported to be Yosep Siep, Ibrahim Marian, Marsel Marian, Yance Walilo and Yosasam Serabut. On 14 July, a further four people were arrested by security forces, reportedly because they chose not to vote in the Presidential Elections. The four men – Sudi Wetipo, Elius Elosak, Domi Wetipo and Agus Doga – are reportedly still in detention at Jayawijaya Regional police station.

Yahukimo

A report received from a human rights investigator described harassment and threats against village leaders in villages Tomon I and Tomon II in Yahukimo to submit votes on behalf of their communities, despite the decision taken by both communities to boycott the elections.

Three arrested following Kampung Berab raid in Jayapura

A report received from a local human rights investigator reported the arbitrary arrest of three men following a raid in Kampung Berab in Jayapura. On 20 July at around 13:00 Papua time, Mobile Brigades (Brigade Mobil, Brimob) and Papua regional police (Kepolisian Daerah Papua, Polda Papua) raided two houses in Kampung Berab belonging to two men, Z Tarko and Elim Berab. According to an interview with the aforementioned human rights investigator, Berab stated that Jayapura police had conducted the raid in response to information they received about alleged armed pro-independence camps belonging to David Tarko and Terianus Satto in the village, and a forthcoming inauguration ceremony there on 22 July.

During the raid on the home of Z Tarko, security forces ransacked the house, destroying much of the furniture. Three motorcycles parked outside the house were destroyed using stones and long wooden planks. A cash total of IDR 7 million as well as rice and sago were also seized from the house. While this took place, security forces also conducted a raid on the home of Elim Barab, a former principle of the local primary school. At around 17:00, Brimob officers returned to the home of Z Tarko, surrounding it and firing three warning shots.

After the raid, police then conducted a sweeping on the Demta-Sarmi road, stopping a local bus and arbitrarily arresting three indigenous Papuans – Jekeer Kalaka, Jhon Abolka and Yosepus Taplo. Kalaka and Abolka are workers at a local palm oil plantation owned by Sinar Mas. The men were detained for four days at Jayapura Regional police station and released on 24 July. The three men were reportedly targeted because they come from the Papuan highlands, where pro-independence sentiment is strong according to security forces. Following the arrests and raid, security forces continued to keep a tight watch on the village, inspecting the movements of the local community and conducting stop-and-searches on local villagers.

25 people, including women and children, arrested in Timika during referendum demo

According to various news sources as well as reports received from local activists, on 17 July 2014, a joint police and military force conducted mass arrests of at least 24 people in Timika. While earlier reports indicate that 24 people were arrested, a detailed report published by local news site Umagi News stated that 25 people were arrested, including five women and four young children. They were arrested during a peaceful demonstration demanding a referendum for West Papua. All those detained were released several hours later with the exception of the Head of KNPB Timika Sector SP 13, Leson Tabuni, who was released several days later on 23 July.

The 16 men arbitrarily arrested were Neles Tabuni, Ismael Wenda, Bilim Wenda, Lasarus Kogoya, Yandoa Tabuni, Efri Tabuni, Sem Tabuni, Nius Tabuni, Ev. Mirius Wenda, Kendi Keoway, Sole Tabuni, Linto Kossay,  Stevanus Koga, Leson Tabuni, Lerius Wenda and Wenemuk Kogoya. The five women arbitrarily arrested were Eliana Tabuni, Lepina Wenda, Diana Wenda, Amerina Tabuni and Merlin Wenda. The four children arbitrarily arrested, aged one-and-a-half to two-years-old were Alfa Tabuni, Jekson Tabuni, Rani Wenda and Tinggris Tabuni.

According to the reports, at around 09:00 Papua time, security forces began to forcibly disperse the demonstration and seized demonstrators’ banners, megaphones and personal items such as handphones and wallets. Upon arresting the 25 people, not all of whom were directly involved in the demonstration, the crowd were brought to Timika Regional police station 32.

According to the testimony of those arrested, as published on Umagi News, several people were severely beaten on arrest using rifle butts as well as being punched and kicked. 23-year-old Amerina Tabuni stated that she had reacted angrily during the arrests and threw a stone at a police officer, prompting police to drag her across the ground, hit her three times in the back with a rifle butt and beat her across the face before arresting her. On arrest, Bilim Wenda was hit in the testicles with a rifle butt while Yandoa Tabuni was stomped on by several officers wearing jackboots. Linto Kossay was hit in the head with a rifle butt, suffered a bloody head wound, and was also hit in the testicles. In detention at least one person, Bilim Wenda, was reportedly tortured and subjected to cruel and degrading treatment. Police cut off his dreadlocks and threatened to cut off his genitals. He was also forced to strip naked and alcohol was poured down his nose. At least two other people also faced cruel and degrading treatment in detention. Amerina Tabuni stated that in detention a police officer wearing jackboots kicked her. The personal items of the detainees, including handphones and wallets were seized and not returned upon release.

The Head of KNPB Timika Sector SP 13, Leson Tabuni, continued to be detained until 23 July while the other 24 detainees were released. Tabuni described receiving threats and being severely beaten by Timika Regional police while in detention. He is believed to have been charged with incitement under Article 160 of the Indonesian Criminal Code, although it is unclear whether he is still facing the charge after his release.

Six arrested at UNCEN

On 22 July, six people were arbitrarily arrested by Jayapura District police at the request of the ex-Dean of the Medical School at UNCEN, Paulina Watofa. According to information from human rights lawyers at KontraS Papua, one of those arrested was a secondary school student and was therefore released shortly after his arrest. The five other detainees were students from Cenderawasih University.

Information provided by lawyers indicated that the arrests followed student involvement in demonstrations held on 8, 10, 11 and 19 July, calling for the Dean of the Medical School to be replaced. The Dean was subsequently replaced, and Watofa, the previous Dean, reported the students to the police.  Only one of the five arrested were among the students named in Watofa’s complaint to the police. There is reportedly no evidence linking the other four students to the demonstrations. Two days prior to these arrests, one of the students was beaten with a helmet by an unidentified person on campus.

While in detention in Jayapura District police station, the five UNCEN students were not interrogated but were instead immediately determined as suspects and forced to sign both an arrest letter and another letter, the contents of which were unknown to them. Human rights lawyers accompanying the five students state that the letter may contain provisions promising not to hold any further demonstrations on campus, as happened during the arrest of UNCEN students last November.

The following day an internal agreement was reached between the police and Aloysius Giyai, the Head of the Health Department of Papua Province (Kepala Dinas Kesehatan Provinsi Papua), and the five students were released. According to their lawyers, the students are still at risk of being charged or re-arrested, particularly if they attempt to demonstrate again.

Jayapura-based human rights lawyer Gustaf Kawer has stated the intention of lawyers to submit a request for a pretrial hearing against the Head of Abepura District Police Officer, Kompol Decky Hursepuny examining the arrests of the five students. He criticised the arrests as unprocedural.

Releases

Jayapura five released

On 21 July, the Jayapura five – Forkorus Yaboisembut, August Kraar, Dominikus Surabut, Selpius Bobii and Edison Waromi – were released from Abepura prison after two years and nine months in prison. August Kraar, erroneously reported in our last update to have been released on 21 June 2014, was instead released on 21 July. According to a human rights worker, while Kraar had received an additional remission to his sentence, he chose to be released at the same time as the other four men.

The five men were arrested on 19 October 2011 for their involvement in the Third Papuan Peoples’ Congress, where a political declaration about the self-determination of the Papuan people was read out by Yaboisembut and Waromi. The Congress had elected the two men as political leaders of what was declared to be the West Papuan Federal State (Negara Federal Republik Papua Barat). Following the closing of the Congress, security forces guarding the event fired shots, used tear gas and beat and arrested hundreds of participants.

The Jayapura Five were sentenced to three years imprisonment but were given a remission of three months. Thousands of Papuans reportedly joined a procession welcoming the release of the five Papuan leaders. Upon release, Yaboisembut stated to local Papuan press that the five men would continue to work towards recognition of Papuan independence. Father Neles Tebay, Rector of Fajar Timur School of Philosophy and Theology in Abepura, told ucanews.com that the five men are at risk of re-arrest, but that in his opinion, political arrests “won’t solve the problem … the government of Indonesia and representatives of Papuans must sit together in a dialogue.

Remaining ten detainees in 26 November case released

Information from local human rights lawyers reported that the ten remaining detainees arrested in relation to demonstrations on 26 November 2013 were released on 25 July 2014. Pendius Tabuni, Muli Hisage, Karmil Murib, Tomius Mul, Nius Lepi, Tinus Meage, Mathius Habel, Agus Togoti, Natan Kogoya and Nikolai Waisal were released on concluding their eight month prison sentences. They were sentenced for violence against persons or property under Articles 170 and 351 of the Indonesian Criminal Code. Previously, on 11 February, 16-year-old Nikson Mul was released. In April 2014, Penius Tabuni was released after receiving a sentence of five months’ imprisonment.

All 12 detainees in this case were arbitrarily arrested in connection to a demonstration on 26 November 2013 in Jayapura which led to clashes between police and demonstrators. All 12 men were engaged in other activities at the time and were not involved in the demonstration. Reports from local human rights workers state that they were tortured while in detention at Jayapura Regional police station. The men say that their police investigation reports were fabricated.

Two in Sarmi treason case released on bail

On 25 July, Edison Werimon and Soleman Fonataba were released on bail. The two men are still facing trial for conspiracy to commit treason under Articles 106 and 110 of the Indonesian Criminal Code. The next hearing is expected to be held on 6 August.

Otis Waropen released

Information received from local researchers reported the release of Otis Waropen from Nabire Regional police station. It is unclear exactly when he was released, however information received indicates that his release was secured by a local tribe leader. Waropen was arrested on 2 March in Sima village under accusations of being a member of the Free Papua Movement (Organisasi Papua Merdeka, OPM), a pro-independence movement. He has since been released without charge.

Release of the three detainees in Yapen police death case

In our last update, we reported on the removal of three detainees – Yahya Bonay, Astro Kaaba and Hans Arrongear – from the list of political prisoners due to not having received any information regarding the men for more than a year. New information received from individuals in Yapen confirmed that the three men have already been released. The three men were arrested and believed to have been tortured in connection with the murder of Brimob officer Jefri Sesa.

Political trials and cases overview

Clemency for Yalengga flag-raising prisoners under final consideration at State Secretariat

The Alliance for Democracy for Papua (Aliansi Demokrasi untuk Papua, ALDP) reported that the Yalengga flag-raising case is currently being considered at the Indonesian State Secretariat (Sekretariat Negara Republik Indonesia, Setneg) and must be monitored. The four detainees in this case – Meki Elosak, Wiki Meaga, Oskar Hilago and Obed Kosay – were tortured on arrest. They were on their way to the funeral of a relative and were charged on the basis of carrying a Morning Star flag with them on their journey. The flag was intended to be put next to the deceased’s grave. All four men are currently serving eight-year prison sentences for treason under Article 106 of the Indonesian Criminal Code.

Sasawa trial started end of July

The trial for seven detainees in the Sasawa arrests case started at the end of July. As reported on the ALDP website, Ida Kelasin, one of the defence lawyers for the seven detainees, stated they were in good health and that she hoped the trial process would be carried out fairly without any political intervention. Peneas Reri, one of the seven detainees, told ALDP that their detention period had been extended to 15 August 2014. The seven men were tortured on arrest during a military raid on Sasawa village targeting members of the armed pro-independence movement, the West Papua National Army (Tentara Nasional Papua Barat, TNPB).

Cases of concern

Three killed and several arrested following murder of police in Youtefa gambling den

On 2 July, three people were killed and several arrested following a clash between gamblers and two Jayapura police officers at an illegal gambling den in Youtefa market in Jayapura. According to information received from a local human rights investigator, the gambling den was reportedly tolerated by police who received bribes in exchange. An argument broke out between the gamblers and two Jayapura police officers when they were refused their usual bribe, which then quickly accelerated into a physical fight. During the commotion, a gun was stolen from one of the police officers by a gambler who then escaped. The group of gamblers reportedly beat one of the police officers to death and then ran away. The remaining police officer shouted for help, prompting other police officers and plainclothes Special Forces Command (Komando Pasukan Khusus, Kopassus) officers to arrive at the scene some time later. The report described the situation after to be chaotic, with people running for cover as security forces started firing shots.

Three people who were not involved in the incident at the gambling den are believed to have been killed in this incident. The report from the aforementioned human rights investigator stated the deaths of Sabuse Kabak and Yenias Wendibo, who were allegedly killed by plainclothes officers.

Reports from Majalah Selangkah and Tabloid Jubi confirmed the death of Demi Kepno who was reportedly forced into a car with plainclothes officers. He was allegedly taken to Yanmor police post in Tanah Hitam, Abepura district, where he was interrogated. Wendikbo attempted to escape, but was shot and then tortured to death.

The bodies of the three victims are believed to have been brought by security forces to Bhayangkara Hospital where they were kept overnight before being returned to their families. The family of Kabak have called on the Jayapura police for accountability and for the perpetrator to be taken to court.

The number of people arrested in this incident remains unclear, however early reports and interviews indicate that the total number could be in the dozens. Some of those arrested are believed to still be under investigation in detention at Jayapura Regional police station. Papuans Behind Bars will continue to report on this case when we receive more information.

July 2014 Papuan political prisoners

* Apolos Sewa, Yohanis Goram Gaman, Amandus Mirino and Samuel Klasjok are currently facing charges of conspiracy to commit treason. Even though they were bailed a day after their arrest, they are currently undergoing investigation and are vulnerable to re-arrest. They are currently obliged to report to the police twice a week.

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

In brief

At the end of July 2013 there were at least 57 political prisoners in Papuan jails. There were five new arrests this month; however four of those arrested have been released without charge. All five were detained due to their involvement in peaceful demonstrations or gatherings. New information received from local sources and newspaper reports sheds light on the severity of inadequate access to medical treatment faced by political prisoners.

The verdicts for the Yapen Indigenous Day celebrations case and the Abepura ammunitions case have been delivered, while the trials of Matan Klembiap, in the case of the Depapre arrests, and the Sarmi arrests continue. The trial of the Aimas  1 May case is set to begin in August. Recently received information has clarified the case of Atis Rambo Wenda who was mistakenly reported as Athys Wenda in our June Update.

Arrests

Four human rights activists detained in Waena and Abepura in police attempts to disperse demonstrations

On 29 July 2013, four human rights activists – Usama Usman Yogobi, Alius Asso, John Selegani and Benny Hisage – were arrested when Jayapura police dispersed a peaceful national demonstration organised by the Papuan Civil Society Organisation for Solidarity, Law and Human Rights (Solidaritas Hukum HAM dan Demokrasi Rakyat Papua, SHDRP). Online Papuan news site Tabloid Jubi reported that the demonstrations were in support of a number of international developments. They included the review by the UN Human Rights Committee of Indonesia’s implementation of the International Covenant on Civil and Political Rights (ICCPR), humanitarian aid from Australia, visits from foreign ministers of member states of the Melanesian Spearhead Group to Papua and Indonesia and a visit from the US Ambassador to Papua. Local newspaper Bintang Papua reports that police had used excessive force on protestors in Waena and Abepura in attempts to forcefully disperse the crowds.

An article written by Selphius Bobii and published on Majalah Selangkah reports that Yogobi, the head of SHDRP had submitted a notice to the Papuan Provincial police that the demonstration would be carried out on 29 July 2013. Upon not receiving a letter of acknowledgement of notice (Surat Tanda Terima Pemberitahuan, STTP), Yogobi headed to the Papuan Provincial police office where he was informed by Yas Maudul, a Papuan provincial intelligence officer that even though he had not received the letter, the demonstration could proceed peacefully. With this assurance, Yogobi decided to go ahead with the demonstration.

Papuan news site Tabloid Jubi reported that at around 09.45 Papuan time, Cenderawasih University students John Selegani and Benny Hisage were forcibly arrested in Waena as they were taking part in a long march heading towards Abepura to join the demonstration led by Yogobi and Alius Asso. Bobii reported that another student, Marthen Mote, was present during the arrests of Selegani and Hisage while they were taking turns to give speeches near the University. The report stated that before the arrests the three students were allegedly severely beaten and intimidated by armed police.  Selegani and Hisage were then taken to Abepura Regional police station for interrogation, allegedly because they had no permission from the police to demonstrate. In detention, police confiscated their handphones, ID cards, books, documents with account numbers, leaflets, letter of notification of the demonstration and a small gospel book for investigation. They were released several hours later at around 15.35 Papuan time and their items returned to them.

In Kamp Kei, Abepura, a long march of around 500 people led by Yogobi and Asso was harassed and eventually dispersed by hundreds of armed police. The demonstrators were stopped outside the office of the Legal Aid Institute (Lembaga Bantuan Hukum, LBH) where Yogobi attempted to negotiate with the police, reiterating the assurance the intelligence officer at the Papuan Provinical police station had given him. He was then forcibly arrested by armed police and put in a police truck, which then led to the demonstrators attempting to negotiate with police to release Yogobi. One of the leaders of the demonstration, Alius Asso, was then also forcibly arrested. This led to dozens of demonstrators attempting to enter the police vans in a move to join Yogobi and Asso under arrest. Police responded by making a deal with the demonstrators in promising to release the two men at the end of the interrogation.

The two men were then brought to Jayapura Regional Police Station for interrogation. 30 demonstrators waited outside the station to ensure that police upheld the deal. Yogobi and Asso were interrogated about the management of SHDRP, the leadership responsible for actions and demonstrations, the purpose of the demonstration and their backgrounds. The two activists were released around 17.25 Papuan time.

SHDRP has recently been the target of harassment and intimidation by Indonesian authorities on other occasions. On 25 July 2013, military personnel raided the SHDRP Secretariat when the office was unoccupied. Abner Asso, a human rights worker with SHDRP stated in Majalah Selangkah that when queried about the search, military officers claimed that the organisation was a threat to the security of Jayapura city. Asso also reported that four other SHDRP secretariat offices had also been raided by military officers.

Human rights activist detained in relation to Biak massacre memorial

On 5 July 2013, Biak police issued a ban against a memorial planned by the Biak Massacre Survivor Community (Komunitas Korban Peristiwa Biak Berdarah) in remembrance of the massacre on the island of Biak on 6 July 1998 in which dozens of unarmed protesters were killed by the security forces. Despite the ban, local activists reported that members of the survivor community went ahead with the memorial, gathering at the Tower where the massacre took place 15 years ago. The memorial took place from 09.00 to 13.00 Papuan time and was attended by members of the survivor community, the Biak Indigenous Representative Council, church groups, NGOs and the West Papua National Committee (Komite Nasional Papua Barat, KNPB) Biak. Local newspapers reported that Marthinus Morin, the coordinator of the memorial, was detained by the police for interrogation. It is unclear if he remains in detention.

Releases

There were no reported releases of political prisoners in July 2013.

Political trials and cases overview

Verdict delivered for Yapen Indigenous Day Celebrations case

On 17 July 2013, Edison Kendi and Yan Piet Maniamboi were released from custody reportedly due to their having spent the maximum amount of time allowed in detention. Information received by another local human rights source reported that on 24 July 2013, Public Prosecutor Matius Matulesi and three plainclothes police officers arrived at the home of Edison Kendi allegedly forcing Kendi and Maniamboi to attend a court hearing delivering their verdict. The source reports that when Kendi refused because their lawyer was not present, the armed police officers forced the two men into vehicles parked outside Kendi’s house under instruction from Matulesi. Kendi was sentenced to a two-year prison sentence while Maniamboi was sentenced to an 18-month prison sentence.

Defense lawyer Elieser Murafer stated in local newspaper Bintang Papua that the actions of the Public Prosecutor and the judges deviated from regulations in the Criminal Procedure Code, violating the rights of the two men.  He stated that both the Prosecutor and Judges had not followed court regulations due to the Prosecutor submitting his arguments in the absence of the two defendants in court and the defence then not being given the opportunity to reply to the Prosecutor’s arguments.

Prosecutor demands eight months imprisonment for Matan Klembiap

Information received via email from a human rights activist has reported that the Public Prosecutor has demanded an eight months prison sentence for Matan Klembiap, one of the two men arrested on 15 February 2013 in connection with the search for pro-independence activists Terianus Satto and Sebby Sambom. Klembiap, who is facing charges under Article 110 of the Indonesian Criminal Code and Article 2 of the Emergency Law 12/1951, has been subjected to extensive torture. Local human rights activists have voiced about Klembiap’s physical and mental health being at risk after he endured severe torture during his detention at Jayapura Regional police station from 15 to 18 February 2013.

Sarmi arrests trial continues

The trial of Alex Makabori (alias Isak Demetouw), Daniel Norotouw, Niko Sasomar and Sileman Teno has been postponed to 13 August 2013, after witnesses failed to appear at a hearing on 23 July 2013. A local human rights source has informed us that despite the absence of the witness, the Prosecutor read their testimony in court as recorded in the police Investigation Report. According to the same source, even though this was against court regulations, it is reportedly common in trials involving charges of treason.

Verdict delivered in Abepura ammunition case

A report sent to us via e-mail by a local human rights activist has revealed new details regarding the Abepura ammunition case. On 31 July 2013, Denny Immanuel Hisage, Anike Kogoya (female), Jhon Pekey, Rendy Wetapo, Jimmy Wea and Oliken Giay were sentenced to ten months imprisonment after being charged under the Emergency Law 12/1951 and Article 55 of the Indonesian Criminal Code.

The report stated that on 29 October 2012 Hisage, Pekey, Kogoya and Wea stayed the night at Wea’s home in Abepura. At around 21.00 Papuan time, a joint security task force consisting of Papuan provincial police, Jayapura regional police and Detachment 88 forces entered the house, warning the four that they would be shot if they did not comply with their orders. The security forces confiscated several handphones, three external hard drives and two laptops, reportedly without a notice of seizure.

At around 07.30 Papuan time on 30 October 2012, Rendy Wetapo was arrested by officers from the Papuan provincial police and Detachment 88. He was reportedly arrested in a brutal manner and was similarly threatened if he did not comply with the authorities. Wetapo was then brought to the Papuan provincial police station, where Hisage and the three others were detained. In detention, Wetapo reportedly found out that they faced charges of possession of ammunition. Giay was arrested on the same day and taken to the Papuan provincial police station, reportedly after security forces forced Wetapo into calling him and revealing his location. All six were arrested without an arrest warrant.

According to the report, Hisage claimed that during the investigation, ammunition in the form of nine 7.62 mm calibre bullets, 199 5.66mm calibre bullets and 20 5.5mm calibre bullets were planted and used as evidence to prosecute them, alongside the electronic items earlier seized by police.

Aimas 1 May trial to begin in August

On 31 July 2013, the case of Isak Klaibin, Klemens Kodimko, Obeth Kamesrar, Antonius Safuf, Obaja Kamesrar, Yordan Magablo and Hengky Mangamis in the Aimas 1 May case was transferred to the Sorong District Court. They are facing charges of treason under Article 106, 108 and 110 of the Indonesian Criminal Code. According to sources from the Institute of Research, Analysis and Development for Legal Aid (LP3BH), Isak Klaibin is also facing an additional subsidiary charge under Article 1 paragraph 1 of Emergency Law 12/1951. The trial is set to begin on 19 August 2013.

The National Commission on Human Rights (Komnas HAM) visited Aimas in Sorong district as part of  its investigations into the shootings on 30 April 2013 which led to the deaths of three civilians. Information received from LP3BH states that the investigations remain inconclusive.

Correction: Atis Rambo Wenda and Athys Wenda

New information from various local sources has revealed that the individual reported as arrested on 4 April 2013 in Waena in our previous Update was Atis Rambo Wenda.  He is not the same person as KNPB Lanny Jaya activist Athys Wenda, who was arrested on 1 December 2012 in Wamena for his alleged involvement in the Wamena explosives case.

A local human rights source confirmed the death of Athys Wenda on 1 June 2013. On 1 December 2012, Athys Wenda was arrested but on 17 April 2013 was reportedly released from detention in Jayawijaya Regional police station due to a lack of evidence against him. On 1 June 2013, Athys Wenda died under mysterious circumstances. Information received by the same source claims that there is overwhelming evidence that Athys Wenda was poisoned. Local activists have previously reported deaths of civilians from consuming toxic alcohol containing Formalin, a lethal chemical.

Information received from another local source confirmed the ongoing detention of Atis Rambo Wenda, a KNPB activist, in Abepura prison. On 17 July 2013, the Prosecutor called for a sentence of one year imprisonment for Atis Rambo Wenda under charges of violent crime under Article 170 of the Indonesian Criminal Code. Atis Rambo Wenda has allegedly been targeted due to his frequent activity with the KNPB in organising peaceful demonstrations from 2010 to 2012. The same source has also reported that Wenda is declining medical treatment in Abepura prison as he is fearful of potential abuse that he may suffer at the hands of the authorities, similar to the brutal treatment he previously endured in detention in Waena. Another detainee in Abepura prison, Andinus Karoba, is reportedly rejecting treatment due to similar fears.

Cases of concern

Three Timika 1 May detainees suffer from deteriorating health conditions

Local online news site Majalah Selangkah has reported the waning health of three of five men currently detained for their involvement in a flag-raising ceremony on 1 May 2013 in Timika commemorating the 50^th anniversary for the administrative transfer of West Papua to Indonesia. On 1 August 2013, local church leader Reverend Izak Onawame reported to the families of Musa Elas, Yacob Onawame and Alfisu Wamang of their deteriorating health. Elas is reported to be suffering from breathing difficulties and chest pains. Onawame is experiencing bleeding and acute pain in the chest area while Wamang is experiencing bleeding from the mouth and anus. Their families are requesting police officials to give the three men access to adequate medical treatment at a hospital.

The three men, alongside Domi Mom and Eminus Waker are currently still detained at Mimika Regional police station, and face charges of treason. It is unclear if the five men currently have legal representation.

Jefrai Murib in need of immediate medical treatment

According to an article in Tabloid Jubi, Baguma, a human rights activist with BUK (Bersatu Untuk Kebenaran – United for Truth) has asked the government and the Department of Law and Human Rights in Papua to turn their attention to political prisoners’ inadequate access to medical facilities in Abepura prison. Baguma has reported on the deteriorating health of Jefrai Murib, who has been in detention since 12 April 2003 and is serving a life sentence in Abepura prison.

Murib suffered from a stroke which requires regular electronic treatment at Dian Harapan hospital. Information from the BUK activist stated that the scheduled hospital appointments are sometimes not met, allegedly due to a lack of transportation at Abepura prison. A doctor at Dian Harapan hospital has advised  regular therapy there, but Abepura prison authorities have reportedly transferred Murib’s treatment to the Jayapura General Hospital, citing high costs of treatment at Dian Harapan. The right side of Murib’s body has reportedly shut down, making it difficult for him to move his right arm or walk. Baguma has called on the authorities to pay greater attention to the health conditions of the political prisoners and to improve the facilities in Abepura prison.

News

International community expresses concern over lack of freedom of expression in Papua

On 10 and 11 July 2013, the UN Human Rights Committee in Geneva reviewed Indonesia’s implementation of the International Covenant on Civil and Political Rights (ICCPR), highlighting the   serious concerns about freedom of expression in Papua. Bambang Darmono, chief of the Unit for the Acceleration of Development in Papua and West Papua (UP4B) responded to the Committee’s concerns by stating that “freedom of expression is not absolute”. The Committee had highlighted the plight of political prisoners in Papuan jails, prompting the response from Indonesian government officials that Filep Karma, Kimanus Wenda and other prisoners are lawfully imprisoned due to their separatist aims, and that the limitation of freedom of expression is necessary to maintain state sovereignty and the territorial integrity of Indonesia.

However, international concerns are growing over the situation of freedom of expression in Papua. On 26 July 2013, in a House of Lords debate on the question of West Papua, the UK’s Senior Minister of State at the Foreign and Commonwealth Office Baronness Warsi stated that freedom of expression in Papua is too often stifled and that the British government hoped a visit by the UN Special Rapporteur on Freedom of Expression would soon take place. Lord Harries of Pentregarth, who initiated the debate, spoke on the arbitrary arrests of peaceful protestors and the particular targeting of KNPB leaders. Referring to the point made by Darmono at the UN in Geneva, Lord Collins of Highbury stated that as a signatory to the ICCPR, all provisions have to be fully implemented. In a visit to the Papua NGOs Cooperation Forum (Foker LSM Papua) Secretariat, the second Secretary to the US Ambassador to Indonesia, James Feldmayer expressed his concerns about the need for greater freedom for the international press  to bring accurate and balanced reporting of events  in Papua.

On 3 July, Jayapura police stopped the distribution and confiscated copies of the first edition of “Papua Pelita,” a magazine that had the Morning Star symbol on its front cover. Dian Kandipi, the Secretary of the Alliance of Independent Journalists (Aliansi Jurnalis Independen, AJI) stated that this police action violates freedom of expression as guaranteed in Law No. 40/1999 on the Press and Journalistic Code of Ethics.

Big prison, little prison

A contributor to Papuans Behind Bars has published an article in the quarterly online magazine Inside Indonesia, telling the stories of Papuan prisoners. The article analyses the targeting of peaceful political activists and ordinary people, many based on contentious charges. One such story is of farmers Meki Elosak, Wiki Meaga, Oskar Hilago and Obed Kosay, who were arrested in November 2010 on their way to a funeral of a relative for carrying the Morning Star flag. The article highlights the constant harassment and surveillance faced by ex-political prisoners who are often at risk of arbitrary arrest and re-imprisonment.

July 2013 Papuan political prisoners

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

In brief

At the end of May 2014, there were at least 76 political prisoners in Papuan jails.

The unprocedural use of firearms by police in Indonesia continues to pose a serious threat to the safety of Papuans. The death of human rights worker Reverend Ekpinus Magal and the serious injuries faced by three local villagers in Moanemani, Timika, (see below), are the results of a lack of restraint among police in Papua. This excessive use of force suggests a lack of training and awareness of obligations under the Indonesian Police Regulation on the Use of Force in Police Action No. 1/2009 and the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials. The impunity which so often accompanies such acts of violence runs throughout police units in Papua, from the Mobile Brigades (Brigades Mobil, Brimob) to district and regional police.

Several incidents this month demonstrated ongoing corporate complicity in the violation of human rights in Papua.  The arrest and firing of two men involved in a labour protest against their employer, PT Tandan Sawita Papua, a palm oil plantation company in Kerom Regency, shows that workers who exercise their right to peaceful assembly and expression are punished heavily. Given the company’s lack of commitment to past promises to improve local infrastructure and provide adequate compensation, local human rights analysts questioned the intention of their signing on to the UN Global Compact. Human rights workers also questioned the role of copper and gold mining giant PT Freeport Indonesia in the conflict currently occurring in Timika, which has resulted in multiple deaths. Local reports indicate that the lack of free prior informed consent of customary indigenous land owners is a major factor in the conflict, signalling corporate responsibility in the ongoing unrest.

Students at Cenderawasih University (Universitas Cenderawasih, UNCEN) continue to be targeted by university authorities and Jayapura police. Samuel Womsiwor was arrested this month and continues to be detained, reportedly under the orders of the Third Assistant Rector of UNCEN. Like ex-political prisoner and fellow UNCEN student Yason Ngelia, Womsiwor is part of a critical student collective who has been targeted for arrest, harassment and intimidation. Over the last few months they have spoken out peacefully regarding the unprocedural drafting of the Special Autonomy Plus bill, political prisoners and the Jakarta-Papua dialogue, which has been met by police with intimidation, ill treatment and even torture.

In Merauke, the ongoing detention of two KNPB activists, the interrogation of the Head of the Maklew tribe and the reported torture of two men this month suggests a deteriorating environment of terror and surveillance.

Arrests

Steven Itlay arrested in Timika: Unresolved conflict perpetuating unrest and arrests

The ongoing conflict in Timika that broke out in early February 2014 between the Moni, Amungme and Mee tribes on the one hand and the Dani and Damal tribes on the other has resulted in mass arrests and several deaths. A Majalah Selangkah article dated 18 March reported the deaths of six people due to the conflict and two deaths due to excessive use of force by police. Another article, published on 1 May 2014, reported the deaths of at least eight more people, with one death due to police shootings. 23 people were reportedly detained on 28 April. Due to a lack of accurate information, it remains uncertain exactly how many people have been arrested or killed in the course of the conflict so far.

On 12 May 2014 at 07:15 West Papua time, Steven Itlay, the leader of the Timika branch of the West Papua National Committee (Komite Nasional Papua Barat, KNPB) Timika , and his friend Elimas Selopele, were detained and questioned for an hour at the Jayapura Port by the Port Authority Police (Pos Kesatuan Penjagaan dan Pengamanan Pelabuhan Laut, Pos KP3 Laut).  When asked for the reason behind their detention, police reportedly cited Itlay’s suspected activities as a pro-independence activist. Six days earlier, on 6 May, Itlay had issued a statement arguing that Freeport held some responsibility for the ongoing conflict and criticised police authorities for not only failing to find a solution but also for allowing the conflict to continue. Itlay has a history of peaceful political activity and in October 2012, he was arrested alongside five other KNPB members and imprisoned for eight months under Article 106 of the Indonesian Criminal Code for treason, following his involvement in peaceful demonstrations.

Local activists have criticised the police response to the conflict as excessive. Markus Haluk, a Papuan human rights activist, stated in Jubi that the death of human rights defender Reverend Ekpinus Magal was due to the abusive use of firearms by police. Magal was the Head of the Human Rights division at the Foundation for Human Rights and Non-Violence (Yayasan Hak Asasi Manusia dan Anti-Kekerasan, Yahamak), a local NGO. Haluk reported that on 12 March, Magal was gathering data in a conflict area, standing at a distance from the scene of action and taking photographs and notes, when police opened fire. Magal was shot in the chest and died instantly. According to Haluk, police claims that Magal resisted security forces were not true and that people involved in the conflict did not attack or point their arrows at police.

The conflict has caused widespread unrest in Timika, with 11 churches reportedly closed and military presence at an all-time high in the area, leading to further instability. Papuan civil society groups and prominent individuals such as Mama Yosepha Alomang, the director of Yahamak and the Association of Students of the Central Highlands of Papuan Indonesia (Asosiasi Mahasiswa Pegunungan Tengah Papua se-Indonesia, AMPTPI) have called on the Papuan Governor and the police authorities to find a way to resolve the conflict. On 21 May, demonstrators in Timika also called on copper and gold mining giant PT Freeport Indonesia to be involved in solving the conflict.

A report on a local website alleged that the conflict was due to the building of a road from Timika to Wagete, connecting Paniai and Nabire, which was taking place without the free, prior and informed consent of the customary land owners from some relevant tribes. While some tribes had agreed to the building of the roads, others did not, which reportedly gave rise to the current conflict.

Three UNCEN students arrested under instruction of University authorities

On 15 May 2014, three students at Cenderawasih University (Universitas Cenderawasih, UNCEN) were arrested by Jayapura police following a report filed against them by Feddy Sokoy, the Third Assistant Rector of UNCEN. Samuel Womsiwor and Marsel Demotekai were arrested at the secretariat of the Student Executive Body (Badan Eksekutif Mahasiswa, BEM) of the Faculty of Social and Political Sciences (Fakultas Ilmu Sosial dan Ilmu Politik, FISIP) while Stepanus Payokwa was arrested at a dormitory in the Waena campus. The three students were brought to the Jayapura Regional police station. Demotekai stated that while police did not ill-treat them, they were arrested without warrants. Majalah Selangkah reported that during the arrests, police were also searching for student leader and ex-political prisoner Yason Ngelia, as well as other students, who faced similar accusations of vandalism of campus property.

Demoketai and Payokwa were released a few days later on 19 May. According to latest reports, Samuel Womsiwor remains in detention though it is not yet clear what charges he faces. Womsiwor has been a target of police arrests since last November. On 7 November 2013, he was arrested alongside 14 others, including student leader and ex-political prisoner Yason Ngelia, during demonstrations protesting the secretive redrafting of the Special Autonomy Plus bill. All those arrested, in exception of Ngelia, were released when they were forced by police authorities, at the request of the UNCEN Provost, to sign statements promising to cease demonstrations particularly on campus. On 24 April, Womsiwor was also summoned by Jayapura police alongside fellow student Benny Hisage to give witness testimony in relation to the reported beating of security forces during a demonstration on 2 April at which police fired 11 shots and two students were arrested and tortured. Human rights lawyers called this a political move to intimidate students.

While Jayapura police stated that the three students were arrested due to reported damage done to campus property on 13 May, student representatives told Jubi that their arrests were due to internal disagreements regarding the newly appointed Head of the BEM of FISIP. University authorities had reportedly intervened and installed their choice of leader of the BEM. Students criticised the appointment as unprocedural and stated their disappointment at the Assistant Rector’s decision to involve the police. The previous Head of the BEM of FISIP, ex-political prisoner Yason Ngelia, was detained for three months for his role in leading peaceful student demonstrations. On 19 May, UNCEN students held a demonstration on campus calling on university authorities to drop investigations against Womsiwor and for his unconditional release.

Two men fired and arrested in Arso after demonstrating against palm oil company

A report received by the Office for Justice, Peace and Integrity of Creation of Franciscans of Papua (Sekretariat Keadilan Perdamaian dan Keutuhan Ciptaan Fransiskan Papua, SKPKC Jayapura) highlighted the arrests of Alexander Tnesi and Marthen Watory following their involvement in demonstrations against palm oil plantation company PT Tandan Sawita Papua, which operates in East Arso district, Kerom Regency. The two men, who were employed by the company, were also fired without receiving warning letters beforehand.

In the SKPKC report, Tnesi stated that on 25 January 2014, workers demonstrated against PT Tandan Sawita Papua, demanding a wages increase in line with the provincial minimum wage in Papua, as well as protesting against the reduction of working days from six days a week to four, and the possibility of a sizable decrease in monthly wages by ending pay for public holidays. After no response from the company, workers decided to take the demonstration to the provincial Governor’s office in Arso, but were confronted by police from the Arso City police station who dispersed the demonstrators.

Two months later, Tnesi and Watory received summons to report to the police, reportedly under accusations of both men threatening PT Tandan Sawita Papua staff during the demonstration on 25 January. Wartory was arrested on 6 April and Tnesi was arrested two days later. Both men were released on 26 April, only after they were forced to write and sign statements dictated by a police officer. The statement stipulated that the two men would be fired from the company and would not make further demands of the company, or they would face a legal process if they continued to do so.

In a report on PT Tandan Sawita Papua, SKPKC criticized the company’s negligence on promises to improve much needed infrastructure in the area, such as transportation, healthcare, sanitation and education. The company has reportedly failed to adequately compensate the indigenous community for the land it has used to develop palm oil plantations.

Two KNPB activists arrested in Merauke

On 24 May 2014, Ferdinandus Blagaize and Selestinus Blagaize, two activists of the West Papua National Committee (Komite Nasional Papua Barat, KNPB) from Okaba district in Merauke regency were arrested by Okaba District police. Local activists report that the two activists were arrested for possessing a referendum-related document and books on Papuan history that were intended for a socialisation event in their home village of Okaba. The two men remain in detention in Okaba District police station and the charges they face are unknown.

Head of Maklew tribe arrested

Local activists reported the arrest of Elias Moyuwen, the Head of the Maklew People’s Tribal Parliament (Parlemen Rakyat Suku Maklew) on 28 May 2014. He was arrested at his home in Kimam village in Kimam District, Merauke regency by security forces from the Military District Command (Komandan Rayon Militer, Danramil). Security forces also seized a laptop, three flash disks and a document from the Decolonisation Committee Seminar held in Nadi, Fiji. Moyuwen was brought to the Kimam District police station and interrogated for one hour. The confiscated items were not returned to him upon release.

Releases

Three detainees in Kerom civilian arrests case released

The three detainees in the Kerom civilian arrests case have been released, according to a report received by local human rights workers. Yulianus Borotian was released on 19 May while Petrus Yohanes Tafor was released on 27 May. The report stated that Wilem Tafor is to be released on 4 June. The three men were each sentenced to five months’ imprisonment under Article 170 of the Indonesian Criminal Code for violence against property and persons. The three men were initially accused of murdering a police officer who had died in an incident on 13 December 2013, when police had clashed with a group of men who protested their attempts to steal local resources. They were arrested in their homes, and were not involved in the clash.

Political trials and cases overview

Piethein Manggaprouw sentenced to two years’ imprisonment

Human rights lawyers reported that on 28 May, Piethein Manggaprouw, who was arrested on 19 October 2013, was sentenced to two years in prison after being found guilty of conspiracy to commit treason under Articles 106 and 110 of the Indonesian Criminal Code. Manggaprouw was arrested for his involvement in a peaceful demonstration in Biak commemorating the second anniversary of the Third Papuans Peoples’ Congress.

Seven Sasawa detainees moved to Sorong

Information received from the Alliance for Democracy for Papua (Aliansi Demokrasi untuk Papua, ALDP) reported the transfer of seven men arrested in the Sasawa case to Sorong prison as they wait to face trial at Sorong District Court. Septinus Wonawoai, who was previously released but required to report to the police, is now re-detained alongside Salmon Windesi, Peneas Reri, Kornelius Woniana, Obeth Kayoi, Rudi Otis Barangkea and Jimmi Yermias Kapanai in Sorong prison. They were arrested and tortured on arrest during a military raid in Sasawa village targeting members of the armed pro-independence movement, the West Papua National Army (Tentara Nasional Papua Barat, TNPB).

As reported in the April update, the limited information available did not clarify the position of the seven men. However, human rights lawyers from ALDP reported that the seven men are not members of the armed pro-independence movement and are instead ordinary civilians of Sasawa village with regular professions. The seven men face charges of conspiracy to commit treason under Articles 106, 108 and 110 of the Indonesian Criminal Code and possession of weapons under the Emergency Law 12/1951. Their trial is expected to begin in June 2014.

Prosecutor calls for one-year imprisonment for student demonstrator

Local human rights workers report that the Public Prosecutor in the case of Kristianus Delgion Madai, who was arrested on 3 February 2014 for allegedly smuggling eight 8.4mm calibre bullets, has demanded a one-year prison sentence. Human rights lawyers believe that Madai is being targeted for his peaceful political activities as a student involved in demonstrations in Jakarta. He is facing charges of possession of ammunition under Emergency Law 12/1951.

SKPKC provides medicine to Stefanus Banal

Jayapura based human rights organisation SKPKC (Sekretariat Keadilan Perdamaian dan Keutuhan Ciptaan Fransiskan Papua), the Office for Justice, Peace and Integrity of Creation of Franciscans of Papua), reported that on 2 May 2014, they received a call from Abepura prison authorities informing them that Stefanus Banal had run out of medication needed in the healing of his broken shin bone. As reported in the April update, Abepura prison authorities have refused to meet their obligations of providing medical care for Banal. Banal’s family is unable to afford the medical costs. Upon receiving the call, SKPKC staff coordinated to buy the required medicine, and handed it over to the medical staff caring for Banal.

Banal sustained severe injuries when he was shot and later arrested during a police raid on 19 May 2013. Since his arrest, he has received inadequate medical treatment and his family have been made to bear all medical costs from injuries he sustained as a result of the excessive use of force by the police.

Cases of concern

Police use excessive force against civilians in Moanemani

A report received from the Justice, Peace and Integrity of Creation Desk (Keadilan, Perdamaian and Keutuhan Ciptaan, KPKC) of the Evangelical Christian Church (Gereja Kristen Injili, GKI) has described the shooting of three Papuans by Mobiles Brigade (Brimob) forces on 6 May. The incident occurred outside Brimob offices in Moanemani where a crowd had gathered after two teenagers were run down by a speeding truck. 15-year-old Yunsen Kegakoto and 18-year old Jhon Anouw were reportedly on their way to a church service when they were hit by a speeding truck and died instantly. The driver of the truck was reported to have then surrendered himself at the police Mobiles Brigade (Brimob) quarters in Moanemani.

Four hours later, at around 10:00, the family of the victims along with members of the local community gathered outside the Brimob quarters demanding for the driver to be released so that a negotiation could be conducted in line with customary ways (adat). Brimob authorities refused, provoking an emotional response from the crowd who then reportedly threw stones at them and at the Brimob office. Brimob members responded by shooting at the crowd and yelling “those who have guts, come now and show your guts.” The report from KPKC described that “bullets were falling like rain.”  Three indigenous Papuans are reported to have suffered serious injuries from the shooting. Yulius Anouw suffered shots to the chest, Gayus Auwe suffered shots to the chest and thigh and Anton Edoway sustained injuries on his thighs. The three men were reported to be in critical condition. In response to the shootings, a group of indigenous Papuans reportedly took revenge by killing an Indonesian from the non-Papuan community (described as “pendatang” or “immigrant”, a term used for ethnically non-Papuan Indonesians who settle in Papua).

Brigadier General Paulus Waterpauw, the Deputy Chief of the Papuan National Police, told Tabloid Jubi that the situation on the ground was sometimes difficult but urged police officers “to act in accordance with the Standard Operations Procedure.” While a preliminary report is said to have been completed, it remains to be seen whether any Brimob members involved in the shooting will be held accountable for their actions.

Merauke police arbitrarily arrest and torture two civilians

Local activists reported two separate accounts of torture in Merauke district. On 10 May 2014, Tadius Yetorok was tortured by two police officers from Merauke City District police. Yetorok was on his way home as he passed by the police station in Merauke city, when he was stopped by the two officers and severely beaten before being dragged into the holding cell of the police station. While in the cell, he was instructed to bow down while being kicked by the two officers who wore jackboots. The officers then proceeded to whip him on the back and head using a hose. Yetorok reportedly suffered serious injuries to the head and deep wounds and cuts on his back. He was then brought to the hospital to clean his wounds, after which he was detained in the holding cell of Merauke City District police station for two days before being released at the request of his family.

The second report of torture was that of Marius Kananggom, who was arrested on 24 May by Merauke Regional police. Police accused him of being involved in a violent crime against a police officer from Boven Digoel Regional police and held him overnight for interrogation. Local activists reported that Kananggom was forced to confess to the crime and was subsequently tortured in the holding cell of Merauke Regional police station by four police officers from Boven Digoel Regional police station. After enduring torture and ill-treatment, Kananggom was driven to Boven Digoel, far from his home in Merauke, which was about 500 kilometres away and left to find his own way back.

News

Civil society groups commemorate 1 May in Jayapura

KNPB members and the heads of the Local People’s Parliament (Parlemen Rakyat Daerah, PRD), who act as representatives of local communities in Papua, gathered outside KNPB offices in Waena to commemorate the 51^st anniversary of the administrative transfer of Papua to Indonesia. Speeches were made calling for the boycott of the upcoming Presidential Elections in July. The gathering was heavily guarded by joint military and police task forces. A similar demonstration held by UNCEN students at the university campus in Abepura was dispersed by Jayapura police.

In 2013, 30 demonstrators were arrested during events commemorating 1 May. 18 people from Timika, Biak and Sorong faced varying charges, including that of conspiracy to commit treason and possession of weapons and ammunition. All 18 charged were involved in peaceful events, of whom 11 participated in the raising of the Morning Star flag. Three Papuan activists were killed because of excessive use of force by police in Sorong who fired into a crowd that had gathered for a prayer session commemorating 1 May. 14 Papuans remain behind bars due to involvement in peaceful activities commemorating 1 May in 2013.

May 2014 Papuan political prisoners

* Apolos Sewa, Yohanis Goram Gaman, Amandus Mirino and Samuel Klasjok are currently facing charges of conspiracy to commit treason. Even though they were bailed a day after their arrest, they are currently undergoing investigation and are vulnerable to re-arrest. They are currently obliged to report to the police twice a week.

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

In brief

At the end of April 2014, there were at least 72 political prisoners in Papuan jails.

Evidence has emerged this month of 12 incidents of torture in three different cases – three in Nabire, seven in Sasawa and two in Jayapura. Accounts of torture in the Sasawa and Nabire cases, and incontrovertible photographic evidence of torture and degrading treatment in the earlier Yalengga flag-raising case from 2010 highlight the issue of impunity in Papua. Torture is used not only against political activists but also other people who happen to be  in the wrong place at the wrong time. While investigations into the torture in the Yalengga flag-raising case have begun, it remains to be seen whether perpetrators will be held accountable or if the culture of impunity amongst Indonesian security forces will continue.

In the Nabire case, two men were stabbed and slashed by police officers when they protested police brutality against a third person, while in the Sasawa case, seven men were tortured on arrest with electric stun batons. It remains uncertain if, as claimed by police, the seven detainees were in possession of firearms and weapons, but an added dimension of complexity in areas with heavy presence of pro-independence movements is that civilians are sometimes forced by armed West Papua National Army (Tentera Nasional Papua Barat, TNPB) members to take part in TNPB-related activities. This may include social activities or otherwise non-social activities such as training and guarding posts.

On 2 April, demonstrations were held in nine cities worldwide including London, Melbourne, Jayapura and Timika, calling for the immediate and unconditional release of 76 Papuan political prisoners. While the demonstration in Timika passed peacefully, the one held in Jayapura at the campus of Cenderawasih University (Universitas Cenderawasih, UNCEN) in Waena was tightly controlled by Jayapura Crowd Control and Brimob police, resulting in tensions. Ironically, while the demonstration aimed to highlight the silencing of free speech in Papua and protested arbitrary detention, the response from the authorities was to stop demonstrators from peacefully marching to Abepura and to arrest, detain and torture two students. Police again adopted a strategy of labelling or stigmatising demonstrators as troublemakers by threatening them with charges of violent crime. A similar approach was taken to student leader Yason Ngelia in November last year, when he attempted to raise legitimiate political concerns about the Special Autonomy Plus bill.

Ex-political prisoner Matan Klembiap also faced stigmatisation this month. Klembiap, along with five  friends, was detained following accusations of sexual assault of minors, which were  quickly proven to be false. Despite this, he continued to be detained and interrogated about political matters.

Arrests

Jayapura: Two students detained overnight and tortured for calling for release of political prisoners

On 2 April 2014, two Papuan students were detained overnight and tortured following demonstrations in the Jayapura area calling for the release of political prisoners. Two demonstrations took place that day, one at Cenderawasih University (Universitas Cenderawasih, UNCEN) in Waena and one in Abepura a few kilometres away. Yali Wenda and Alfares Kapisa were part of the demonstration at UNCEN where they were arrested. At around 08:00 Papuan time, three trucks of Jayapura Crowd Control police (Polisi Pengendalian Massa, Dalmas) and three trucks of police Mobile Brigades (Brigades Mobil, Brimob) arrived with a water canon and a barracuda tank. At around 10:20, student efforts to conduct a long march to join the demonstrators in Abepura were blocked by security forces. Instead, Jayapura police ordered the crowd to disperse, but they refused to do so.

With tensions rising between security forces and the crowd, Kapisa and Wenda attempted to negotiate with the police, but were instead immediately arrested. On arrest, they were beaten and forcefully thrown into a crowd control truck. According to a statement received from Kapisa,  they were held in the truck for around one-and-a-half hours while being “beaten with rifle butts, kicked with jackboots, beaten with rattan sticks and fists.” Following their arrests, police also shouted racist insults at the crowd of indigenous demonstrators, calling them ‘monkeys’. Around this time, police also detained several older indigenous women who were passing by and said to the demonstrators that they were going to “torture your mothers.” Angered, the crowd started throwing stones at the police, who reportedly responded by firing 11 shots and teargas at the demonstrators. Jayapura police officially denied shooting at the demonstrators. Students fled the site of the demonstration and sought cover in the UNCEN campus as the shots were being fired.

On their way to Jayapura police station, Yali and Wenda were forced to lie facedown in the truck while police put their riot shields on top of them and trampled on them. Police also administered electric shocks to the men using electric stun batons. Upon arrival at the police station, a doctor was called to attend to their wounds. The doctor forced them to hand over their bloody clothes which were then washed clean. He cleaned their wounds and stitched up Yali Wenda’s ear, without the use of alcohol or anaesthetic. The two men were then left in a holding cell overnight. The next morning, police interrogated the two students. According to Yali and Wenda, police falsified their  investigation report (berita acara pemeriksaan, BAP) and forced them to sign it and promise not to carry out any more demonstrations.

Lawyers who attempted to visit Yali and Wenda were denied access, and told that permission was needed from the Chief of Jayapura City police, Alfred Papare. While they were being interrogated, lawyer Ivon Tetjuari arrived at the police station and requested access to the two students. Police officials reportedly denied access, saying that the students were being interrogated. Tetjuari  protested as the interrogation was taking place without the presence of a lawyer. The two students were released at around 12:00 that day.

Upon their release, the two students sought medical treatment at Dian Harapan Hospital. When lawyers requested medical reports, doctors stated that they could not do so without a letter from the police. While in hospital, Yali and Wenda were interviewed by human rights workers. A report from the Commission for Missing Persons and Victims of Violence in Papua (Komisi untuk Orang Hilang dan Korban Tindak Kekerasan di Papua, KontraS Papua) stated that both men suffered wounds from electric stun batons. Wenda suffered a torn left ear which required three stitches and a swollen chin while Kapisa had a swollen eye and other bruises on the head.

Wenda has stated that since his release, he has twice been visited by police intelligence agents who asked him whether he is scared of being beaten.

On 24 April, Jayapura police issued a summons for Samuel Womsiwor and Beni Hisage. According to a report from a local human rights investigator, they were wanted to give witness testimony in relation to the reported beating of security forces during the 2 April demonstration at UNCEN. Police are reportedly threatening charges under Article 170 of the Indonesian Criminal Code for violence against property and persons for those found to be involved. Human rights lawyers stated that the summons was a political move by the police to intimidate and threaten the students and lawyers.

Nabire: Three men subjected to police brutality

The Asian Human Rights Commission (AHRC) issued an urgent appeal for two Papuan men who were brutally assaulted by Brimob members in Nabire on 20 March 2014. Siluwanus Nagapapa was brutally stabbed and slashed in the head and back by ten members of the Brimob police when he tried to stop them from beating a third person, an inebriated Papuan man. In attempting to save himself, Nagapapa fled to the house of Paulus Kobogau. Kobogau tried to prevent the police from entering his house but police reacted by similarly attacking him. He was stabbed in the back five times, slashed about the head with a knife, kicked, pelted with stones, and struck with a wooden stick and guns.

The two men were then arrested and detained at Nabire District police station. After having lost a lot of blood, Kobogou fainted and was sent to Siriwini Nabire Hospital for treatment. The following day, Nagapapa also fainted in the detention cell and was taken to the same hospital. After receiving medical treatment for a week, the costs of which they were expected to pay themselves, they were allowed to return home. No investigations were conducted into this case.

Six men including ex-political prisoner wrongly accused of sexual assault

A report from a local human rights worker has revealed the ongoing intimidation of ex-political prisoner Matan Klembiap. According to an interview with some of those involved, on 1 April 2014, Jayapura Regional police arrested six men – Matan Klembiap, Jefri Satto, Yustus Yakusamon, Leksi Yabansabra, Habel Klembiap and Jems – who were on their way to Genyem from Maribu village in West Sentani district. When their car approached, police who had been hiding in the bushes by the road side emerged and blocked their way. The police threatened the six men at gunpoint and ordered them to get out of the car and lie on the road with their hands raised. The police then forced them to remove their clothes before handcuffing them. The six men were then put into a police truck and taken to Jayapura Regional police station where they were separated and placed in different rooms for interrogation.

Police officials told them that they were accused of sexual assault on female minors but then proceeded to interrogate them on their alleged involvement with Papuan activist group, West Papua National Committee (Komite Nasional Papua Barat, KNPB) and the West Papua National Liberation Army (Tentera Pembebasan Nasional Papua Barat, TPNPB). Matan Klembiap, who was accused of being the main perpetrator of the sexual assault was heavily beaten by police in detention. One of the victims, who was called to identify Matan Klembiap, stated that he was not involved in the sexual assault. Despite this, police continued to detain Klembiap, reportedly for the reason that he needed to be interrogated for another matter involving the buying of weapons. In the report provided by the human rights worker, one of the detainees stated that Klembiap was in no way involved in the purchase of weapons.

Klembiap has since been released. However according to information from a local activist, police intelligence officers continue to monitor the movement of the six men in Amai and Maribu village. Klembiap was first arrested on 15 February 2013 alongside six other men in connection with pro-independence activists. Along with Daniel Gobay, he faced torture, intimidation and degrading treatment in detention. He was sentenced to six months and ten days in prison and was released on 25 August 2013. In May 2013, his family had been victims of an attempted assassination.

Releases

There were no reported releases in April 2014.

Political trials and cases overview

Sasawa: Six detainees tortured on arrest

Recent information from the Alliance for Democracy for Papua (Aliansi Demokrasi untuk Papua, ALDP) has revealed details of torture in the Sasawa case, where seven men were arrested in a raid in Sasawa village in Yapen island on 1 February 2014. An article, published on the ALDP website, featured interviews with six of the seven men who remain in detention – Salmon Windesi, Peneas Reri, Kornelius Woniana, Obeth Kayoi, Rudi Otis Barangkea and Jimmi Yeremias Kapanai. Septinus Wonawoai has been released but is required to report to the police. He continues to be investigated and may face trial. The security forces that conducted the raid consisted of a joint military and police task force from the Papuan Provincial police, Sea Police, (Polisi Air, Polair), Siliwangi Military Unit and Serui Military Batallion.

Security forces chained the men together and tied their hands, making them crawl on the ground. Windesi reported that the tying of their hands felt like “being splashed with hot water” and created blisters. He was also hit at the back of the head with a pistol which made him collapse and faint. The men were repeatedly kicked, beaten, hit with pistols and stomped on with jackboots. Kapanai was stamped on his ear until it was bloody. They were also electrocuted with stun batons. Reri stated that he was electrocuted in the mouth and then repeatedly elsewhere on his body. Police also confiscated IDR 900,000 and two handphones from him. When being forced into the police truck, Barangkea was threatened with a bayonet placed against his cheek and neck by a military officer. The officer repeatedly threatened him and said, “I’ll slice your neck until it snaps.”

As reported in the February update, it is unclear who amongst the six detainees are not involved with the armed pro-independence movement, the West Papua National Army (Tentera Nasional Papua Barat, TNPB). Given the limited information available, Papuans Behind Bars will continue to monitor this case and report on relevant human rights concerns, including any violations of the right to a fair trial of the six detainees. The six detainees were charged with conspiracy to commit treason under Articles 106, 108 and 110 of the Indonesian Criminal Code and possession of weapons under the Emergency Law 12/1951. The ALDP article also analyses torture experienced by previous and current detainees including Filep Karma, Alfares Kapisa and Yali Wenda, amongst others.

Photographic evidence of degrading treatment on arrest in Yalengga flag-raising case

ALDP lawyers revealed that a photograph released on social media that showed Papuans lying in a ditch while being watched by police officers and other people, is one of Meki Elosak, Wiki Meage, Obeth Kosay and Oskar Hilago under arrest. The four men are currently serving prison sentences of eight years for treason under Article 106 of the Indonesian Criminal Code. They were arrested alongside five others, who may account for the other men photographed in the ditch.

The photograph has been verified by Meki Elosak during an interview with ALDP, with whom he gave an account of the torture and degrading treatment they endured on arrest. Elosak explained that they were made to roll around in a wide muddy ditch by police from Bolakme district in Jayawijaya regency. They were reportedly made to do this repeatedly. Following this, they were forced to lie in a dry ditch. Elosak explained that it was at this point that police using rifle butts broke his nose. He also stated that a few police officers recorded the whole event on their phone.

Ever since the release of the photograph on social media, Jayawijaya police officers from PROPAM (Provos Pengamanan, Provost Security), the police internal complaints and investigations mechanism, have visited Elosak and Meage in Wamena prison to investigate these allegations of torture. ALDP noted that the investigations were undertaken without the presence of lawyers. ALDP also reported that the application for clemency of behalf of the four detainees has been submitted to the Ministry of Law and Human Rights in Papua, where it is currently being processed.

Abepura prison devolves responsibility to family of detainee to provide medical treatment

Human rights workers who visited Stefanus Banal in Abepura prison have reported that he is unable to pay the costs of the medication he needs. Banal has had metal rods inserted in his broken shin bone.  They are expected to be removed in three to four months when his bone has sufficiently healed. He is required to take Calcitriol F, a medicine that helps in the healing. Local activists reported that his family have returned to Oksibil in Pegunungan Bintang regency to raise funds for the required medication, as they can no longer afford the costs themselves. Abepura prison authorities have reportedly stated that they would not meet any of such medical costs as they are the responsibility of Banal’s family.

Banal was arrested on 19 May 2013 during a police raid in Oksibil after an arson attack by local residents on the local police station. Residents reportedly attacked the police station in response to an earlier incident on 15 May 2013 in which civilian Leo Klasikmabin was arbitrarily detained and tortured by police. Banal was not involved in the attack, but was shot in the leg and sustained severe injuries during the police raid. Since his arrest, he has received inadequate medical treatment and his family have been made to bear all medical costs from injuries he sustained as a result of the excessive use of force by the police.

Concerns over accusations towards student demonstrator

Human rights lawyers have expressed concern regarding the detention of Kristian Delgion Madai who was arrested on 3 February for allegedly smuggling eight 8.4mm calibre bullets. Lawyers have stated that they believe Madai is being targeted for his peaceful political activities as a student involved in demonstrations in Jakarta. He is facing charges of possession of ammunition under the Emergency Law 12/1951.

Information received from Madai’s lawyers indicate that the bullets may have been planted in his bag during his flight from Jakarta to Jayapura. He did not encounter any problems when checking his bag through security before boarding the flight to Jayapura in Jakarta. He had transited for two hours in Jayapura before boarding his final flight to Nabire, where he intended to attend the Mee Peoples’ Community Forum. It was when he attempted to board this flight that the bullets were found in his bag while going through security. According to Madai, he left his bag under his seat throughout the Jayapura flight as the overhead compartment was full. He was asleep throughout most of the flight and sat between two strangers, indicating the possibility of his bag being tampered with. His trial continues in May.

High Court increases prison sentences for five Biak 1 May detainees

Appeals submitted for the five detainees in the Biak 1 May case were rejected and increased prison sentences were given by the Biak High Court. Oktovianus Warnares, who was previously sentenced to three years was given a five-year prison sentence. Yoseph Arwakon had his sentenced increased by eight months to two-and-a-half years imprisonment. George Syors Simyapen had a two-year increase to his sentence, bringing it up to four-and-a-half years imprisonment. Jantje Wamaer received a two-and-a-half year sentence, up from his previous two-year sentence. The verdict for Markus Sawias has not yet been reached. It is not clear if defense lawyers will submit a review to the Supreme Court.

Ex-detainees forced to act as informants

Reports from ALDP stated that Piter Merani and Agus Wondiwoi, who were released last month, no longer face any police investigation and will not face trial. However, it appears that they have been forced to act as police ‘informants’ to monitor the situation in Menawi village in Yapen island. ALDP lawyers reported that this was an ongoing police strategy used to monitor and track down activists.

Prosecutor demands lengthy prison sentence for peaceful demonstrator

On 17 April 2014, the Public Prosecutor demanded a seven-year prison sentence for Piethein Manggaprouw who is facing charges of conspiracy to commit treason under Articles 106 and 110 of the Indonesian Criminal Code. Manggaprouw was arrested on 19 October 2013 for his involvement in a peaceful demonstration commemorating the second anniversary of the Third Papuans Peoples’ Congress. He is expected to receive his sentence in May 2014.

Jefrai Murib experiences heavy stroke

A nerve specialist doctor in Jayapura General Hospital (Rumah Sakit Umum Daerah Jayapura, RSUD Jayapura) has reported that Jefrai Murib has experienced a heavy stroke which has attacked both the right and left sides of his brain. The findings came from an MRI scan following a routine physiotheraphy appointment. The doctor stressed that Murib requires constant medical attention so that his condition does not deteriorate. Murib, who is serving a life sentence, experienced his first stroke on 19 December 2011. There have been previous reports of Abepura prison authorities not fulfilling their duty to ensure that he meets his regular hospital appointments.

Cases of concern

Nabire human rights defender faces intimidation by police

On 23 April 2014, Yones Douw, a human rights worker with the Tabernacle Chuch in Papua (Kingmi Papua) was heading towards Ojehe in Nabire town when he was stopped and questioned by a police officer. The officer asked him about his work and for his ‘human rights card’ before instructing him to stop and turn around. Douw spoke up to the officer and attempted to pass, but was physically held off. Five other police officers nearby then approached Douw to instruct him to turn around. One of the officers placed his hand on the gun holster in a bid to intimidate Douw. Another officer named Sukifri yelled from a nearby police vehicle for the other officers to “kill him, shoot him or beat him up.” Douw had previously encountered Sukifri in 2009, when he complained against the excessive use of violence by police officers against a Papuan man. Sukifri had reacted by threatening him at gunpoint and released gunshots in another direction. Douw reported that human rights defenders in Nabire continuously face intimidation, threats and acts of terror from the security forces.

KNPB prayer session in Merauke monitored by intelligence and military

On 16 April 2014, KNPB Merauke held a peaceful prayer session in commemoration of the anniversary of the formation of the KNPB. Local activists stated that several intelligence officers and 13 fully armed Indonesian military officers from the Sea Division (Tentera Nasional Indonesia Angkatan Laut, TNI Angkatan Laut) surrounded KNPB Merauke premises throughout the prayer session. Activists expressed concerns about feeling terrorised by the intimidating military presence at a peaceful event.

News

International solidarity groups demand release of political prisoners

On 2 April, solidarity groups from London, Edinburgh, the Hague, Brisbane, Melbourne, Auckland and Wellington held demonstrations to demand the immediate and unconditional release of 76 Papuan political prisoners. Papuan groups in Jayapura and Timika also held similar demonstrations. In Jayapura, two students, Alfares Kapisa and Yali Wenda, were arrested and tortured for their involvement in the demonstration held outside UNCEN campus (see Arrests).

International demonstrators taped their mouths and sat in handcuffs to highlight the silencing of free speech in West Papua. Protestors in London called on Indonesian presidential candidates Joko Widodo and Aburizal Bakrie to address issues of human rights and open access to Papua to international journalists and organisations. Representatives from London-based human rights group TAPOL and Amnesty International UK presented letters to the Indonesian Embassy following the demonstration. TAPOL called on Indonesian authorities to end the practice of charging peaceful political activists with treason, conspiracy and possession of weapons and to comply with international standards concerning detainees. Demonstrators also submitted a letter to the Indonesian Consulate in Melbourne, calling on Indonesian authorities to respect their obligations under international human rights treaties it has ratified.

Olga Hamadi, the director of KontraS Papua, stated the organisation’s support for the global demonstrations. She also expressed gratitude towards the international community for its support  for Papuan political prisoners. KontraS Papua has reportedly received over 2,567 letters of support for political prisoners thus far.

April 2014 Papuan political prisoners

* Apolos Sewa, Yohanis Goram Gaman, Amandus Mirino and Samuel Klasjok are currently facing charges of conspiracy to commit treason. Even though they were bailed a day after their arrest, they are currently undergoing investigation and are vulnerable to re-arrest. They are currently obliged to report to the police twice a week.

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

In brief

At the end of January 2015, there were at least 38 political prisoners in Papuan jails.

The notable apparent decrease in the number of political prisoners is due to updated information on cases where news is often inaccessible or hard to come by. As timely information is often difficult to obtain, it is at times challenging to confirm if a political prisoner has been released. Additionally, news was also received this month of the release of six political prisoners in the Aimas 1 May case last November, following the end of their 1.5 year prison sentences. While the number of political prisoners recorded this month is comparably lower than those recorded in previous months, reports of mass arrests, ill-treatment and torture continue.

In January, at least 78 people were arrested in Utikini village and detained at Mimika Regional police office following the shooting of two Mobile Brigade (Brigade Mobil, Brimob) officers and one Freeport security officer. During the large-scale raid in Timika, at least 116 people were rounded up, including 48 women and three children. At least four people were reported to have suffered serious injuries from torture and ill-treatment, 439 homes were reportedly burned down and five people, including a baby, are believed to have died due to a lack of food and medicine after fleeing the violence.

The terrorising of whole communities in retaliation for armed activity demonstrates a common form of collective punishment used by security forces against indigenous Papuans. Similar reprisal attacks were also seen in Pirime district, Lanny Jaya in July 2014 and Puncak Illaga district, Timika in December 2014. Local communities in conflict areas are often targeted for arbitrary arrest and suffer torture, ill-treatment and internal displacement. While it is hard to ascertain the exact number of people living in such areas who are at risk of serious human rights violations, reports received from Papuan human rights sources indicate that the figure is in the thousands. The raid on Utikini village in Timika this month alone has reportedly resulted in around 5,000 internally displaced people. It is difficult to obtain accurate and timely information on the situation in these areas as they are often remote and heavily controlled by security forces. Instead of ensuring the protection of basic rights for local communities, the presence of security forces seem to be deeply destabilising.

Also in Timika this month, a student was heavily beaten by Brimob officers because he could not afford to pay for a meal at a street stall. He was shot when he attempted to retaliate by fighting back and throwing stones. The tendency for security forces to resort to the use of firearms to respond to the slightest provocation or in some instances, as the first measure used on arrest or detention of unarmed individuals, is an ongoing serious concern regarding policing methods. Such trigger-happy responses were seen in the ‘Bloody Paniai’ incident and in demonstrations in Dogiyai last month, as well as events in Yotefa market in July and August 2014. It is important to highlight that in almost all recorded cases, the perpetrators continue to enjoy total impunity.

Newly received information regarding the Bloody Paniai case has revealed that on 8 December 2014, four Papuans were fatally shot, and not the previously reported number of six. While the National Human Rights Commission of Indonesia (Komisi Nasional Hak Asasi Manusia, Komnas HAM) has formed a Fact Finding Team (Tim Penyelidikan Fakta, TPF), such a mechanism is only able to submit recommendations to the Indonesian government. Human rights groups are pushing for Komnas HAM to establish an Investigative Commission into Human Rights Violations (Komisi Penyelidikan Pelanggaran HAM, KPP HAM) in order to be able to bring the case to trial.

Arrests

Mass arrests, ill-treatment and torture during large-scale security raid in Mimika

Scores of people were arrested in Timika following the fatal shootings of two Brimob officers and one Freeport security officer. Human rights workers and Papuan media also reported cases of torture, ill-treatment and indiscriminate shooting by security forces in response to the shootings which took place on 1 January 2015.

On 1 January, at around 21:00 Papuan time, Second Brigadier Officers Riyan Hariansyah and M Adpriadi and Freeport security officer Suko Miartono were fatally shot in an armed attack while they were passing through Utikini village, Tembagapura district, in a patrol car. An armed pro-independence branch of the West Papua National Liberation Army (Tentera Pembebasan Nasional Papua Barat, TPNPB) headed by Ayub Waker issued a statement claiming responsibility for the attack.

A report received from a local human rights source stated that 13 people were arrested later the same day and are currently detained at Mimika Regional police station. It is currently unclear whether the 13 detainees are affiliated with the armed group and what charges they face.

On 6 January, a joint police and military task force raided Utikini village and rounded up at least 116 people, including 48 women and three children. Some reports indicated higher figures of more than 200 people. Out of those rounded up at Utikini village, 65 people were arrested and interrogated at Mimika Regional police station, reportedly because they possessed membership cards for the West Papua Interest Association (WPIA), a group that supports self-determination. Kamaniel Wakel, a tribal chief from Utikini village, was one of the 65 believed to have been detained. On 23 January, 64 of the detainees were released from Mimika Regional police station. 35-year-old Maxson Waker remains in detention, however it is currently unclear what charges he faces.

Papuan news site Jubi also reported torture, ill-treatment and unprocedural use of firearms by security forces during the raid. Two men from the village, Narogay Ela and Yondiman Waker, reportedly suffered gunshot injuries. Another Papuan, Merson Waker, is reported to have suffered serious stab wounds. According to a report by the Baptist Voice of Human Rights in West Papua (Suara Baptis Papua), 30-year-old Seribu Kogoya was reportedly tortured during the raid after he tried to speak out when police severely beat Senimela Wakerkwa, a Lanny Jaya tribal chief. Security forces allegedly slashed his head and sprayed salt water on his wounds while interrogating him. Local human rights activists told Jubi that those in need of medical treatment following the violence could not access hospitals as roads were being blocked by security forces.

According to witness testimony, security forces burned down 439 homes and confiscated pigs belonging to the villagers. Benny Pakage, a human rights activist with the Tabernacle Church in Papua (Kingmi Papua), told Jubi that as many as 5,000 villagers have fled the village to escape the violence. Due to the displacement, they sought temporary shelter in forests without adequate food and water and were then forced to find refuge in other regions. Five people, including a baby, is reported to have died due to a lack of medication or starvation while hiding in the forests.

According to a press statement by the Head of National Police, Inspector General Yotje Mende, 1,576 security personnel were involved in the raid. Among them, two-thirds of the officers were from the Mimika Regional police, 453 from the Amole Task Force and 150 from the Mimika District Military Command Battalion.

Due to difficulty in obtaining accurate and timely information from Timika, it is still unclear whether the 13 people arrested on 1 January are still in detention. It is believed that the 13 detainees, along with Maxson Waker, do not currently have any legal representation. Papuans Behind Bars will continue to report on this case as developments come to light.

Releases

Six detainees in Aimas 1 May case released

On 1 November 2014, Hengky Mangamis, Yordan Magablo, Obaja Kamesrar, Antonius Saruf, Obeth Kamesrar and Klemens Kodimko were released following the end of their 1.5 year prison sentences. Isak Klaibin, the only remaining detainee in the case, continues to serve a 3.5 year prison sentence in Sorong prison. The seven men were sentenced for conspiracy to commit treason under Articles 106 and 110 of the Indonesian Criminal Code and possession of weapons under Emergency Law 12/1951. They were arrested on 30 April 2013 during a gathering of community members to commemorate the 50^th anniversary of the administrative transfer of Papua to Indonesia on 1 May 2013. Security forces had fired into the crowd for 20 minutes, causing the death of two Papuan men.

Salomina Klaibin, the sister of Isak Klaibin, suffered serious gunshot injuries and later died in hospital under suspicious circumstances.

Pastor arrested in Lanny Jaya raids released

Information received from Jayapura-based human rights workers indicate that Pastor Ruten Wakerkwa, who was arrested on 1 August 2014 during a military raid in Lanny Jaya has since been released. Wakerkwa was arrested when fighting broke out between security forces and an armed group led by resistance leader Enden Wanimbo.

KNPB Merauke activists released

Reports received from local human rights workers state that Ferdinandus Blagaize and Selestinus Blagaize, two activists of the West Papua National Committee (Komite Nasional Papua Barat, KNPB) have been released from detention in Okaba District police station. The two activists were arrested for possessing a referendum-related document and books on Papuan history that were intended for a socialisation event in their home village of Okaba.

Timur Wakerkwa released

In early November 2014, Timur Wakerkwa was released following the end of his 2.5 year prison sentence. On 1 May 2012, he was arrested alongside Darius Kogoya for taking part in a demonstration marking the 49^th anniversary of the administrative transfer of West Papua to Indonesia. Both men were charged with treason under Article 106 of the Indonesian Criminal Code. Kogoya continues to serve a three-year sentence in Abepura prison.

Election boycott detainees released

Human rights lawyers reported the release of Sudi Wetipo, Elius Elosak, Domi Wetipo and Agus Doga from Jayawijaya Regional police station in Wamena. According to updated information obtained from sources in Wamena, the four men were arrested in Silokarno district on 11 July 2014, instead of 14 July as previously reported. They were detained alongside the five detainees in the Pisugi Elections Boycott case. On 13 July, they were released without charge. The four men were arrested because they chose not to participate in the Presidential Elections in July 2014 and had called for an election boycott.

Political trials and cases overview

Yosep Siep not receiving psychological treatment; trial for four others suspended

Defence lawyers from the Democracy Alliance for Papua (Aliansi Demokrasi untuk Papua, AlDP) have reported that Yosep Siep, one of the five men arrested in the Pisugi Election Boycott case, is no longer in detention in Wamena prison. Last month, Siep was hospitalised for chest and ear pains endured as a result of torture he faced on arrest. He also seemed to be suffering from stress and was unable to concentrate when answering questions. He has been advised to consult with a psychologist by the general practitioner of the hospital, but as there are no such services in Wamena, he has not been able to receive the treatment he needs for a full recovery. As there are no definite arrangements with the District Court to ensure that Siep is receiving the medical treatment he needs to be fit for trial, he has since returned home. However, his status as a suspect in the case remains and he is still at risk of re-arrest or trial. Court hearings for the four other detainees have been repeatedly postponed due to a lack of witnesses willing to submit testimony.

25 detained in Illaga raid released

On 12 December 2014, the 25 men arrested in the Puncak Illaga military raid were released. On 3 December, they were arrested in relation to the fatal shootings of two Brimob officers in Puncak Jaya. According to a local human rights investigator, the men were released from detention due to insufficient evidence linking them to the attack. Pro-independence armed group TPNPB had claimed responsibility for the attack, but stated that those who were arrested during the raid were ordinary civilians and not TPNPB members.

Cases of concern

Brimob shoots student in Timika

Papuan news site Majalah Selangkah reported that on 10 January 2015, Melkias Nawipa, a 20-year-old student was beaten and shot by Brimob officers because he was IDR 3,000 (USD 0.25) short of paying for his meal at a street side noodle stall. The stall owner reported him to police who proceeded to severely beat him. Brimob officers fired five shots in Nawipa’s direction when he retaliated by fighting back and throwing stones. He suffered a gunshot injury to his back and was taken to the emergency unit in Mimika Hospital.

Correction to Bloody Paniai report

New information from Nabire-based human rights investigators has revealed that on 8 December 2014, four Papuans were shot dead in the ‘Bloody Paniai’ incident, instead of six people, as reported in our December update. The victims were Simon Degei (an 18-year-old high school student), Alpius Youw, Alpius Gobai and Yulian Yeimo (all 17-year-old high school students).

Suara Papua reported that the situation in Enarotali, Paniai, is still tense and that the local community are severely traumatised by the shootings. On 7 January 2015, the National Human Rights Commission of Indonesia (Komisi Nasional Hak Asasi Manusia, Komnas HAM) formed a Fact Finding Team (Tim Penyelidikan Fakta, TPF) which would be able to submit recommendations regarding the case to the government, but not to bring the case to trial. Papuan human rights groups have called on Komnas HAM to form an Investigative Commission into Human Rights Violations (Komisi Penyelidikan Pelanggaran HAM, KPP HAM) in order to be able to bring the case to trial in accordance with Law 26/2000 on the Court of Human Rights.

News

Note regarding the removal of three men from the political prisoner list

In this month’s update, we have removed three men – Deber Enumby, Tiragud Enumby and Yenite Morib – from the list of political prisoners. Papuans Behind Bars has not received any new information regarding the three men for more than a year. It is likely that they may have already been released. On 4 Janaury, Deber Enumby was arrested following the theft of eight firearms from the Kurilik police post. Several weeks later, Tiragud Enumby and Yenite Morib were arrested in a raid at Dondobaga Church in Kurilik village. We will continue to report on their case should any new developments come to light.

January 2015 Papuan political prisoners