In brief

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

Multiple reports this month highlighted large-scale military and police operations in Yapen island and Puncak Jaya, resulting in human rights abuses againsts the civilian populations in those areas. Civilians faced arbitrary arrest, enforced mass evacuations, death threats, indiscriminate shooting and torture by security forces. Homes, churches and schools were targeted and extensively damaged in the raids, allegedly on the pretext of uncovering hidden weapons. Two women and six children were among those detained during the raid in Yapen island.

Use of excessive force by police has resulted in three detainees requiring emergency medical treatment for gunshot wounds at Bhayangkara Jayapura Hospital. Authorities have subsequently made no effort to ensure that these men received sufficient treatment for their serious injuries. The family of one of the men, Stefanus Banal, was also forced to pay for the costs of transferring him from Wamena to Jayapura for an urgent operation. State negligence towards injuries sustained by political prisoners, often caused by the use of excessive force during arrest, is a continuing problem in Papua. The failure of police and prison authorities to meet their duty of care to political prisoners is a symptom of discriminatory attitudes which continue to fuel indigenous Papuan grievances towards the state.

Arrests

University student active in demonstrations arrested for allegedly smuggling weapons

On 3 February, Kristian Delgion Madai was arrested while in transit at Sentani Airport, for allegedly smuggling eight 8.4mm calibre bullets. Madai, a student with the Christian University of Indonesia (Universitas Kristen Indonesia, UKI) in Jakarta, stated his innocence. According to reports from Jubi, Madai was previously active in peaceful student demonstrations in response to visiting delegations of Melanesian Spearhead Group (MSG) leaders in January. He is receiving legal accompaniment from local human rights lawyers in Jayapura.

Arrests of women, children and civilians following large-scale military raid in Yapen island

According to a report from a human rights worker, on 1 February, 17 arrests were made following a large-scale military raid in Sasawa village in Yapen island, an area thought to have a heavy presence of TNPB (Tentera Nasional Papua Barat, West Papuan National Army). Women and children were among those arrested. The TNPB are a relatively new pro-independence armed movement whose associations with the National Liberation Army/Free Papua Movement (Tentara Pembebasan Nasional, TPN / Organisasi Papua Merdeka, OPM) are unclear. The raid was reportedly conducted by a joint military and police task force from the Papuan Provincial police, Sea Police, (Polisi Air, Polair), Siliwangi Military Unit and Serui Military Batallion.

Residents of the surrounding villages of Kamanap and Kanawa were reportedly beaten, tortured and given death threats by security forces who forced them to reveal TNPB active areas. Security forces surrounded Sasawa village and shot indiscriminately at residents, leading to forced mass evacuations. Widespread damage was caused to ransacked houses, a school and a church. Personal items belonging to residents such as machetes, arrows, bows and spears were also confiscated by security forces. One TNPB member died and three security force officials were injured during the raid.

Seven out of the 17 people arrested during the raid remain in detention in Yapen regional police station. The seven men – Jemi Yermias Kapanai, Septinus Wonawoai, Rudi Oti Barangkea, Kornelius Woniana, Peneas Reri, Salmon Windesi and Obeth Kayoi – are undergoing police investigation. They are not currently receiving legal accompaniment. According to a local source, a lawyer has expressed interest in providing legal support to the men but is hindered by lack of operational funds. Jubi reported that the security forces claimed to have seized 13 homemade firearms, 11 long firearm barrels, two short firearm barrels, two sickles, two fish bombs and two Morning Star flags among other items. According to credible information from a local investigator, four of the seven men detained are civilians unassociated with the TNPB.

On 27 February, in separate arrests relating to the Sasawa raid, police detained the wife and three children of alleged TNPB leader Rudi Orarei. Orarei’s wife was interrogated regarding his activities and she and her children were released the following day. On 28 February, a civilian named Piter Merani, his wife and three children were arrested in a raid in Kontiunai village in Yapen island. A report from a local human rights source described the raid as similar to the one in Sasawa. It is believed that Merani’s family has since been released, while he remains in detention. Two other civilians – Matias Merani and Agus Wondiwoi – were also arbitrarily arrested on the same day and remain in detention alongside Piter Merani. They were reportedly arrested by a roadside in Kontinuai village, beaten and dragged away by members of the police Mobile Brigades (Brigades Mobil, Brimob). All three men are awaiting trial but it is still unclear what charges they face.

Civilians arrested and shot in Pegunungan Bintang raid following arson attack on police post

A report received from a local human rights investigator has revealed information regarding the arrest of 11 men during a police raid on 19 May 2013 in Oksibil in the Pegunungan Bintang regency. Police raided houses in Oksibil two hours after an arson attack by local residents on the Pegunungan Bintang regional police station. Residents reportedly attacked the police station in response to an earlier incident on 15 May 2013 where civilian Leo Klasikmabin was arbitrarily detained and tortured by police.

Residents of the local area fled their homes as police forces raided the area, shooting indiscriminately. Several people were arrested during the raid, and 11 people remain in detention. The 11 men are Stefanus Banal, Isaias Taplo, Agus Yamsin, Nesius Kalaka, Wilem Alwolmabin, Yakob Alia, Ruben Sitokmabin, Kelly Sasaka, Manu Wambongko, Ery Kalakmabin and Manu Kalakmabin. Stefanus Banal, who reportedly had no involvement in the attack on the police station, was shot in the leg and sustained severe injuries during the police raid. He was taken by police to the Oksibil Pegunungan Bintang Hospital for an emergency operation and was later transferred to Bhayangkara Jayapura Hospital where he received further treatment for five weeks. The medical treatment he received at Bhayangkara Jayapura Hospital also appeared to be inadequate. An operation to remove metal rods that were inserted to fix his broken shin bone was postponed for six months by hospital doctors.  Following this, he was detained at the Papuan Provincial police station for another two months and one week. He was then sentenced to one year and seven months’ imprisonment to be served in Wamena prison.

During his detention in Wamena prison, police and local government authorities neglected to fulfill their responsibilities of providing adequate medical treatment for Banal. Instead, his family was expected to attend to his medical needs. On 6 February 2014, Banal was sent to Jayapura for an operation required to remove previously inserted metal rods.  According to an interview with a relative in Jubi, Banal’s family had to pay for the travel expenses incurred from his transfer from Wamena to Abepura – costs that should have been covered by the authorities. He is currently serving the rest of his sentence at Abepura prison. The livelihood of his wife and four children have been severely impacted since his detention.

Information from a local source states that while some of the ten other men arrested were involved in the arson attack on the police post, others like Banal had no involvement in the incident. Due to the difficulty obtaining information from Pegunungan Bintang, it is still unclear who among the ten detained were civilians that had no involvement in the attack. Following their arrest, the ten men were detained in Pegunungan Bintang regional police station for two months before being charged with Article 170 for violence against persons or property. They were sentenced to one year and seven months’ imprisonment and are currently serving their prison terms in Wamena prison.

Three civilians arbitrarily arrested in Kerom regency

According to information received from a human rights investigator, three civilians – Yulianus Borotian, Petrus Yohanes Tafor and Wilem Tafor –  were arrested on 13 December 2013 in Kerom for an incident they had no involvement in. At around 20:00 Papua time, a group of young men who had been drinking blocked a truck transporting wood that had been illegally logged, in protest at the theft of local resources by security forces. Several police officers who were travelling on the truck called for backup from the Kerom district police station. Two hours later, heavily armed police officers arrived in a police truck and two police patrol vehicles and started shooting directly at the group of young men blocking the truck. The group of men threw stones and sticks at the police officers before running away. The clash resulted in the death of one police officer, though reports indicate that the cause of death is unclear.

Police then proceeded to search the surrounding area, shooting indiscriminately into houses and causing extensive damage. Yulianus Borotian was shot in the neck and lost consciousness when upon hearing shots outside, he approached the entrance to his home. When police approached the home of Wilem Tafor to arrest him, his younger brother threw a stone at the police. Police reacted by shooting him in the hand and stomach. Both brothers were then arrested and brought to Kerom regional police station. According to a report from a local human rights source, all three men had no involvement in the earlier incident.

Yulianus Borotian and Petrus Tafor were later brought to Kerom Hospital to seek treatment for their gunshot wounds, but because of a lack of facilities were then transferred to Bhayangkara Jayapura Hospital. They received medical treatment for a month before they were returned to detention in Kerom Regional police station. According to the latest information received from human rights workers, the gunshot wounds sustained have not fully healed and both men still suffer from pains.

On 7 February, their case was transferred to the Prosecution. They are charged under Article 170 of the Indonesian Criminal Code for violence against persons or property and are currently detained in Abepura prison. The men are receiving legal accompaniment from lawyers with the Civil Society Coalition for the Upholding of Law and Human Rights in Papua.

Releases

Three political prisoners released from Abepura prison

Information received from a local human rights worker reported the release of three political prisoners from Abepura prison.

On 7 February, Yason Ngelia, student leader at Cenderawasih University (Universitas Cenderawasih, UNCEN), was released after completion of his three-month sentence. He was arrested on 7 November 2013 for leading a demonstration against the secretive drafting of the Special Autonomy Plus (Otsus Plus) bill but was instead charged with Article 351 for allegedly assaulting another UNCEN student. Commenting in Majalah Selangkah, Ngelia stated that police had tried to intimidate him and other detainees into not participating in further demonstrations by beating and threatening them in detention.

On 12 February, Andinus Karoba was released on parole and is required to report to the Jayapura Office of the Ministry of Law and Human Rights for the next three months. Karoba was sentened to one year and ten months’ imprisonment for theft under Article 365 of the Indonesian Criminal Code. Information received from local human rights sources suggests that Karoba was targeted due to his family history and work as an activist with the Koteka Council of Indigenous Peoples (Dewan Masyarakat Adat Koteka, Demmak).

On 11 February, 16-year-old Nikson Mul was released pending appeal when the Jayapura Public Prosecutor decided not to extend his detention. The minimum age to be detained in an adult prison in Indonesia is 18 years old. Mul was among the 12 detainees arrested on 26 November 2013 following clashes between demonstrators and police in Jayapura. The 12 men, who were reportedly not involved in the demonstrations, have been tortured while in detention in Jayapura Regional police station and have had no legal accompaniment since their arrest.

Bastian Mansoben released from Biak prison

On 17 February, Bastian Mansoben was released pending appeal on a technicality, when an extension for his detention was not issued by the Chairman of the Supreme Court of Indonesia. Mansoben, an activist with the West Papua National Committee (KNPB, Komite Nasional Papua Barat) was sentenced to three years and six months’ imprisonment in June 2013 for possession of explosives. His lawyer had argued against the sentence given the absence of any strong evidence.

Political trials and cases overview

Six in Biak 1 May trial sentenced

On 11 February, five of the six men in the Biak 1 May case were sentenced to prison. Oktovianus Warnares, the leader of the peaceful flag-raising ceremony on 1 May 2013, was sentenced to three years’ imprisonment. George Syors Simyapen received a sentence of two-and-a-half years, both Jantje Wamaer and Markus Sawias received two years and Yoseph Arwakon was sentenced to one year and eight months’ imprisonment. After campaigning by local groups, lawyers and international NGOs, Yohanes Boseren, who developed mental health issues brought on by heavy beatings at the time of his arrest, was released on the same day.

The Public Prosecutor has since submitted an appeal against the court decision, stating that the Biak 1 May case constituted “an extraordinary crime that undermined the existence of the Republic of Indonesia.” The appeal will be considered in the Biak High Court.

Human rights lawyers to air complaints against police during pre-trial hearing of Sarmi Morning Star flag arrests case

The pretrial hearing for the case of Soleman Fonetaba and Edison Werimon in the Sarmi 2013 Morning Star flag arrests will hear complaints filed by their lawyers against the Sarmi regional police for misconduct. They argue that police conduct during the arrest, detention and investigation of Soleman Fonetaba and Edison Werimon was against legal procedure. The men are accused of conspiracy to commit treason under Articles 106, 110, 53 and 55 of the Indonesian Criminal Code.

Trial begins for Pithein Manggaprouw

On 27 February, Biak District Court judges ruled against the demurrer submitted by the lawyers for Pithein Manggaprouw that called into question the Prosecution’s fulfilment of the formal and material conditions as established in the Indonesian Criminal Procedure Code. The next court session on 6 March will hear the testimonies of witnesses presented by the Prosecutor.

Information from human rights lawyers has also confirmed that Manggaprouw did not receive legal accompaniment during police investigations in detention. The Prosecutor has argued that the formal requirements of legal accompaniment had been fulfilled as police investigators had provided the name of a lawyer in the investigation file. Despite this, Manggaprouw did not receive any legal support during the investigation period.

Two prisoners in Wamena ammunition store raid receive remission

According to information from ALDP (Aliansi Demokrasi untuk Papua, Democracy Alliance for Papua), Linus Hiluka and Kimanus Wenda received a sentence reduction of two months to their 20-year prison sentences. The Provincial Office of Law and Human Rights informed ALDP representatives that the two men are now in a special category allowing them to obtain remission from authorities in Jakarta.

Appeal for Isak Klaibin rejected

Information received by email from ALDP stated that the appeal submitted on behalf of Isak Klaibin challenging his prison sentence of three-and-a-half years has been rejected by the Sorong High Court.

Klaibin is one of the seven in the Aimas 1 May case sentenced with conspiracy to commit treason under Articles 106 and 110. He received an additional charge of possession of weapons under Emergency Law 12/1951.

News

Papuan civil society react strongly to raids in Puncak Jaya and Yapen island

Large-scale security operations in Puncak Jaya and Yapen island have invoked a strong response from Papuan civil society. Following a raid in Karubate church in Puncak Jaya, President of the West Papuan Baptist Church Socratez Sofyan Yoman called on Indonesian President Susilo Bambang Yudhoyono to cease all search operations on churches. The raid echoes that of Dondobaga church last month, as reported in our January update. Ex-political prisoner Yusak Pakage commented in Majalah Selangkah that the ongoing conflict in Puncak Jaya was exacerbated by the destabilizing presence of security forces in Puncak Jaya.

The Alliance of Papuan University Students (Aliansi Mahasiswa Papua, AMP) held a demonstration in Yogyakarta, Java, in protest of the raids in Puncak Jaya and Yapen island. A spokesman for the group commented that security forces immediately resorted to repressive tactics and violence, instead of turning to more persuasive measures in dealing with the ongoing conflict. AMP also called on the National Commission of Human Rights (Komnas HAM) to take assertive action against cases of violence perpetrated by the Indonesian military in Papua.

February 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 March 2014, there were at least 73 political prisoners in Papuan jails.

In two separate cases, six men arrested in Sasawa in February and two men arrested in Sarmi in December 2013 are facing trial for conspiracy to commit treason under Articles 106 and 110 of the Indonesian Criminal Code. While the Sasawa detainees are accused of possession of weapons  and being members of the West Papuan National Army (Tentara Nasional Papua Barat, TNPB), Edison Werimon and Soleman Fonataba in the Sarmi arrests were charged because they were found in possession of West Melanesian 14-Star flags and other allegedly treasonous documents.

The charge of conspiracy to commit treason continues to be applied to a wide range of alleged offences, including peaceful political activities such as the possession of flags. The arrests of Werimon and Fonataba, which took place just weeks ahead of the January visit of the Melanesian Spearhead Group delegation, suggests that Indonesia is working to suppress a developing Melanesian identity among indigenous Papuans.

Interviews conducted by local human rights workers revealed that in both the case of the Kerom civilians arrests and the 26 November Jayapura arrests, Jayapura police had fabricated the contents of the police investigation reports. Prison authorities continue to refuse urgent medical treatment needed for Stefanus Banal, who sustained serious injuries after being shot by police in a raid in Oksibil. Failure on the part of the authorities to meet their legal obligations to provide fair trials and adequate healthcare to political detainees continues to exacerbate tensions between indigenous Papuans and the state.

Since June 2013, human rights defenders, particularly from the Papuan Student Youth Movement (Gerakan Mahasiswa Pemuda Rakyat Papua, Gempar-P), have been holding demonstrations condemning the secretive drafting of the Special Autonomy (Otsus Plus) bill. Security forces have continued to react repressively by dispersing these demonstrations and ill-treating protestors. A demonstration organised by Gempar-P on 11 March was dispersed by Jayapura police on the grounds that, among other reasons, the group was not registered with the Department of National Unity and Politics (Kesatuan Bangsa dan Politik, Kesbangpol). This is a recurrent technique used by police to de-legitimise and control indigenous civil society groups, who tend to find that if they do attempt to register with the Kesbangpol, their applications are ignored. The lack of political will on the part of the government for broad engagement with civil society on pressing issues such as Special Autonomy reflects a staunch unwillingness to consider a range of Papuan views. Indonesia’s top-down approach to development in Papua is causing unrest. When criticisms are expressed through peaceful protest, such actions are met with heavy-handed tactics leading to further unrest. Intransigent government approaches to development in Papua are in this way becoming a significant factor in fuelling instability.

Arrests

Nabire farmer accused of being OPM arrested

On 2 March, Otis Waropen, a farmer from Sima village in Nabire was arrested by Nabire Regional police and Brimob (Mobiles Brigades) forces. He is accused of being a member of the Free Papua Movement (Organisasi Papua Merdeka, OPM), an armed pro-independence movement. Simon Petrus Hanebora, the chief of the local Yerisiam tribe told Majalah Selangkah that Waropen was a farmer with no political affiliations. He requested for Brimob forces to leave Yaur district in Nabire as they mistreat residents. The charges against Otis Waropen are still unclear.

Releases

Sarmi treason detainee released

On 1 February, Daniel Norotouw, one of four men arrested on 3 March 2013 and accused of treason, has been released after the completion of his one year prison sentence. The four men state that they were carrying out a socialisation event in Sarmi aimed at planning an event on 1May, the date marking the administrative transfer of Papua to Indonesia. Norotouw was sentenced to one year imprisonment while Isak Demetouw, Niko Sasomar and Sileman Teno were sentenced to two years and two months’ imprisonment for allegedly possessing weapons.

Three arrested in Kontiunai village military raid released

Information from human rights lawyers who visited detainees in Serui Regional police station revealed that the three men detained following a raid in Kontiunai village in Yapen island have been released. It is believed that Matias Merani was released in early March. Agus Wondiwoi and Piter Merani initially faced charges of possession of ammunition under the Emergency Law 12/1951 but have since been released. According to information obtained by human rights lawyers from Yapen police, the two men were released as they were not ‘primary targets’. Police continue to conduct search operations in Konti and Menawai for alleged West Papua National Army (Tentera Nasional Papua Barat, TNPB) leader Rudi Orarei. Local sources report that the situation in these areas is still unstable and that civilians have not been able to resume normal daily activity.

Political trials and cases overview

Six detained in Sasawa arrests charged with treason

Information received from human rights lawyers state that six out of the seven men who were arrested during a large-scale military raid in Sasawa village in Yapen island face charges of conspiracy to commit treason under Articles 106, 108 and 110 of the Indonesian Criminal Code and posession of weapons under the Emergency Law 12/1951. Septinus Wonawoai has been released but is required to report to the police, continues to be investigated and may face trial.

As reported in the February update, some among the men are civilians unassociated with the armed pro-independence movement the West Papua National Army (Tentara Nasional Papua Barat, TNPB). It is still uncertain which among the six men – Salmon Windesi, Peneas Reri, Kornelius Woniana, Obeth Kayoi, Rudi Otis Barangkea and Jimmi Yermias Kapanai – are civilians unaffiliated to the TNPB. Human rights lawyers are seeking to represent the six men but are hindered due to lack of operational funds. Flights to the area from Jayapura via Biak are expensive, and by ship the journey takes one week.

Abepura prison authorities refuse to pay for urgent operation for Stefanus Banal

Human rights workers reported the deteriorating physical condition of Stefanus Banal who is in need of an urgent medical procedure to remove metal rods that were inserted to fix his broken shin bone.  Banal was shot by police in a raid in Oksibil in the Pegunungan Bintang regency. A local human rights activist who interviewed Banal reports that he is experiencing pain in his leg which appears to show signs of infection. Abepura prison authorities have refused to meet the costs of the operation and are neglecting their responsibility to provide adequate healthcare. Instead they have passed the responsibility on to Banal’s family, who cannot afford the operation required.

Police fabricate investigation report in case of Kerom civilian arrests

As reported in the February update, three civilians were arrested in Kerom for an incident in which they had no involvement, where local villagers challenged security forces who had illegally logged wood. Yulianus Borotian, Petrus Yohanes Tafor and Wilem Tafor are on trial under charges of violence against property and persons under Article 170 of the Indonesian Criminal Code. The three men are accused of murdering a police officer who had died in the incident on 13 December 2013, when police had clashed with a group of men who protested their attempts to steal local resources. According to human rights investigators, Kerom police fabricated the contents of the police investigation report (Berita Acara Pemeriksaan, BAP) for their case.

10 detainees in November Jayapura arrests to face trial

On 26 November 2013, 12 men were detained following a demonstration in Jayapura in support of the opening of a Free West Papua Campaign (FWPC) office in Papua New Guinea. Even though they had no involvement in the demonstration, 11 of the 12 men detained were brought to trial. On 11 February, 16-year-old Nikson Mul was released pending appeal. In late February, Penius Tabuni was sentenced to five months’ imprisonment and is expected to be released in April 2014.

The remaining ten detainees– Pendius Tabuni, Muli Hisage, Karmil Murib, Tomius Mul, Nius Lepi, Tinus Meage, Mathius Habel, Agus Togoti, Natan Kogoya and Nikolai Waisal – are on trial for charges of violence against persons or property under Articles 170 and 351 of the Indonesian Criminal Code.

Human rights workers reported that testimony in court stated that witnesses were not aware of the involvement of the ten detainees in the demonstrations on 26 November 2013. Local sources also reported the alleged forging of the police investigation report (Berita Acara Pemeriksaan, BAP). As reported in the January update, the twelve detainees were forced to sign the fabricated police investigation report and were interrogated without the presence of a lawyer. They are currently receiving legal accompaniment from the Papuan Legal Aid Foundation (Lembaga Bantuan Hukum, LBH).

Prosecutor accuses two Sarmi detainees of conspiracy to commit treason

Information in the prosecution letter (surat dakwaan) for Edison Werimon and Soleman Fonataba states that the two men are accused of conspiracy to commit treason under Articles 106 and 110 of the Indonesian Criminal Code because West Melanesian 14 Star flags (not Morning Star flags, as reported in our January update) and allegedly treasonous documents were found in their homes.

The prosecution letter stated that on 13 December 2013, upon finding a West Melanesian 14 Star flag hung on the wall of Edison Werimon’s front room, Sarmi police arrested him and searched his home. Police reportedly found documents that detailed a meeting on 2 November 2013 hosted at Werimon’s home. The letter also stated that the purpose of the meeting was to form a pro-Melanesian body called the ‘Republic Regional Melanesian Sarmi Senate,’ with Soleman Fonataba as their leader. Sarmi police then searched Fonataba’s home even though they did not have a search warrant and reportedly found four West Melanesian 14 star flags and other pro-Melanesian documents. He was later arrested on 17 December.

Human rights lawyer Gustaf Kawer told Jubi that the police searches were unprocedural and condemned their actions as thuggish. Kawer reported that fully armed police entered Werimon’s home and threatened Werimon’s son at gunpoint, forcing him to lay on his stomach during the search. Fonataba’s wife expressed disappointment at the way police conducted the search, stating that before surrounding her home, police first entered by climbing through the window. When she asked the police why they were searching the home, they said they did not have a reason. Police confiscated a small suitcase, three machetes and a few small axes. They also seized her childrens’ diploma certificats and IDR 1,600,000, but these were later returned. The trial is expected to begin in April.

News

Demonstration protesting Otsus Plus blocked

On 11 March, the Papuan Student Youth Movement (Gerakan Mahasiswa Pemuda Rakyat Papua, Gempar-P) held another demonstration protesting the secretive drafting of the Special Automy Plus (Otsus Plus) bill. University students gathered outside the campus of Cenderawasih University (UNCEN) to head towards the office of the Governor where they intended to hold their demonstration. However, according to a report by local human rights workers, Jayapura Regional police blocked demonstrators from doing so, stating in a letter rejecting the peaceful demonstration that Gempar-P was not a registered organisation with the Department for National Unity and Politics (Kesatuan Bangsa dan Politik, Kesbangpol). Police also wrote that ex-political prisoner and Gempar-P leader Yason Ngelia had communicated anti-Indonesian sentiment in his previous speeches.

Demonstrators demanded that Indonesian authorities stop the drafting of the Special Autonomy bill and called on the local government to consult with Papuan society and hold a referendum on Special Autonomy. Due to the heavy presence of security forces blocking their way to the Governor’s office, the demonstrators were forced to disperse. Human rights workers criticised the police action as closing democratic space in Papua.

 March 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 November 2013, there were at least 71 political prisoners in Papuan jails. 112 political arrests were made this month in three separate cases, bringing the total number of arrests so far this year to 537. This represents a 165% increase in the number of political arrests as compared with the same period in 2012, signalling a significant deterioration in the environment for free expression and assembly in Papua.

The police response to increasingly organised and coordinated demonstration activities across Papua is of concern this month, including several mass arbitrary arrests, repeated use of excessive force, blocking lawyers from accessing detainees, cruel and degrading treatment of detainees, and arrest and coercion of student activists to sign agreements to stop demonstrating.

Students of Cenderawasih University (UNCEN) have become locked in a bitter battle with university authorities over the involvement of lecturers in the drafting of a controversial revamp of the Special Autonomy bill. University authorities appear to be actively inviting police to suppress political activity on campus, leading to numerous arrests and beatings of students.  A number of Papuan leaders have expressed concern at what they perceive as police efforts to systematically close down political space, particularly ahead of significant dates such as 1 May and in this case 1 December.

On 26 November 80 people were arrested in four different cities during demonstrations in support of the opening of a Free West Papua Campaign office in Papua New Guinea and the Sorong to Samarai campaign. One demonstrator was killed and three others have disappeared.

The trial for the six 1 May Biak detainees continue and mentally ill prisoner Yohanes Boseren remains in detention despite his condition. Human rights lawyers and NGOs have called for his release. Investigations continue into the case of four community leaders in Sorong who face charges of conspiracy to commit treason.

Arrests

Otsus Plus demonstration arrests

On 7 and 8 November, Cenderawasih University (UNCEN) university students took part in demonstrations against the redrafting of the Special Autonomy law, known as Otsus Plus. As reported by Papuan news site Majalah Selangkah, hundreds of demonstrators had taken part in a long march from Abepura to the Governor’s office in Jayapura city, and returning to the UNCEN campus, calling on the 29 lecturers involved in drafting the Special Autonomy bill to present the draft publically.

During demonstrations on 7 November, Yason Ngelia, an UNCEN student active in leading demonstrations, and 14 other student demonstrators were arrested. They were detained in Jayapura Regional police station and were released the following day at 02:00 with the exception of Yason Ngelia, who remains in detention. Police reportedly stated that Ngelia was arrested on the basis of an alleged crime that had occurred on the UNCEN campus. The 14 students were released only after they were forced by police authorities to sign statements promising to cease demonstrations, particularly on the UNCEN campus. This demand was reportedly made at the request of the UNCEN Provost.

On 8 November, around 100 students from various universities in Jayapura gathered at an auditorium in UNCEN to demand that the Provost and vice-Provost of UNCEN force the 29 lecturers involved in drafting the Otsus Plus bill to present the draft publically. The student demonstrators also demanded accountability for the ill treatment of Yason Ngelia in detention. At around 12:00, Jayapura Regional police officers arrived in two trucks, arresting and severely beating 16 demonstrators.

The 16 demonstrators arrested were detained in Jayapura Regional police station overnight, with 12 of them being released the following day. Police had reportedly tried to coerce the 12 activists in signing a statement saying they were treated well in detention and that they would not demonstrate again, but intervention from human rights lawyers prevented this. Reports from human rights lawyers state that all 16 men were denied food in detention on 8 November. The following day on 9 November, the four remaining detainees – Alfares Kapisa, Benny Hisage, Abraham Demetouw and Danny Kosamah – were moved to Jayapura North district police station due to overcrowding. They were reportedly only given food at 17:00 on 10 November, around 53 hours after their arrest. Lawyers attempts to visit the four detainees have so far been blocked by the police. Authorities from both Jayapura Regional police station and Jayapura North district police station told lawyers that they needed permission from the criminal detective police handling the case to gain access to the four detainees. At the request of the vice-Provost of UNCEN, the four men were bailed on 24 November but are still under investigation and obliged to report to the police.

On 28 November, human rights lawyers managed to secure a five minute visit with Ngelia, after initially being blocked by police at Jayapura Regional police station and undergoing a long process of negotiation with one of the senior officers. Upon their visit, they found that police had forcibly shaved his head and ordered three other detainees to beat him, resulting in a black eye. This is not a new strategy in dealing with political prisoners. An account by an ex-political prisoner stated that police guards would force detainees to beat each other if they had done anything that displeased the guards. Lawyers have submitted a letter protesting this ill-treatment  to the Jayapural Regional police and have also demanded accountability and an evaluation into the incident.

Ex-political prisoner Yusak Pakage expressed disappointment at the arrests of Yason Ngelia and other university students, and called for a dialogue between civil society and the authorities, including the Cenderawasih University Provost, Papuan Peoples’ Assembly (Majelis Rakyat Papua, MRP), the Papuan Legislature (Dewan Perwakilan Rakyat Papua, DPRP) and the Governor.

KNPB fifth anniversary in Merauke

According to a report from local activists, at around 09:20 on 19 November, the Secretary of the Woyu Makleuw Clan Council, Yohakim Gebze was stopped by five police officers as he was on his way to the Merauke KNPB Secretariat for a prayer session to celebrate the fifth anniversary of the West Papua National Committee (Komite Nasional Papua Barat, KNPB). Officers reportedly told him that he could not attend the prayer session as he did not have a permit, searched his bag, and brought him to Merauke Regional police station on the basis of his carrying an ink stamp belonging to the Woyu Makleu clan council. Upon hearing of his arrest, 10 KNPB activists headed to the police station to secure his release. He was released from detention two hours after his arrest.

Demonstrations in support of Sorong to Samarai campaign and FWPC office in PNG

Demonstrations were held on 26 November across Papua in support of the opening of a Free West Papua Campaign (FWPC) office in Papua New Guinea, and the launch of the Sorong to Samarai campaign. The campaign is run by Powes Parkop, the Governor of Port Moresby, and aims to gather signatories from across Papua New Guinea in support of West Papua’s membership application to the Melanesian Spearhead Group (MSG). Police responded with excessive use of force followed by 80 arrests, the death of one demonstrator, the disappearance of four others and nine people hospitalised for injuries sustained in clashes.

Jayapura

According to information received by a local human rights source and various Papuan media reports, on 25 November, 16 KNPB members were arrested in front of UNCEN campus for giving out leaflets regarding demonstrations planned for the following day. They were beaten on arrest and items, including books and bags were confiscated by police. All 16 were held for four hours at the Jayapura Regional police station, threatened with charges of incitement and warned not to participate in demonstrations planned for the next day.

On 26 November, 28 demonstrators including 3 women were arrested in Waena during demonstrations that were heavily guarded by 500 security personnel. Demonstrators had planned to begin a long march at 13:00, but this was interrupted by police who moved in to confiscate the sound system set up for the march. Police informed KNPB leader Buchtar Tabuni who was leading the demonstration that the KNPB members could retrieve the confiscated items from Abepura Municipal police office. According to information received from a credible human rights source, as the demonstrators were on their way to the police office to retrieve the confiscated sound system equipment, several Baraccuda tanks and police trucks began charging at high speed towards the demonstrators. Demonstrators reportedly responded in panic by arming themselves with stones and wooden sticks. According to this report and similar information received from a source at the demonstration, police in the Baruccuda tanks started firing shots at the demonstrators at around 13:30. Demonstrators then reportedly responded by throwing sticks and stones at the tanks. Police continued firing at and chasing demonstrators, forcibly dispersing the crowd. Information from local human rights sources stated that nine people were hospitalised as a result of the clashes.

The 28 demonstrators detained were brought to Jayapura Regional police station. Human rights lawyers who visited the detainees discovered the 25 male detainees covered in bruises after being beaten. One detainee struggled to stand when called forward to identify himself, indicating that the beatings were severe. 16 of the detainees were released shortly after, while 12 have been charged with Article 170 and 135 of the Indonesian Criminal Code and the Emergency Law 12/1951 for possession of homemade weapons and ammunition. The 12 detainees are 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.

On 28 November, human rights lawyers were denied access to the detainees at Jayapura Regional police station. When they confronted authorities and informed them of the need to obtain authorisation from the 12 detainees in order to legally represent them, the lawyers were informed of the charges but denied access. According to the latest information received, lawyers have not yet been able to gain access to the 12 detainees.

Information from local sources and several Papuan media outlets report the death of one demonstrator and the disappearance of four others. A report by a local human rights investigator detailed the eyewitness account of the death of Matius Tengget, who was reportedly beaten to death and then later dumped in Lake Sentani by police. Local activists report four other KNPB members missing, who are feared to have been killed and their bodies disposed of. Jayapura police have stated that they are looking into the whereabouts of KNPB leader Buchtar Tabuni and KNPB spokesman Wim Rocky Medlama who they regard as responsible for the demonstration. According to a report received by a human rights worker present at the demonstration and an article by local NGO Alliance for Democracy for Papua (Aliansi Demokrasi untuk Papua,ALDP),  there were instances of intimidation and beating of journalists and human rights workers who were reporting on the demonstration. One journalist from Suluh Papua was hit on the head by police, while two other journalists and one human rights worker were threatened and harassed.

Timika

According to a report by local sources, at 8:30 on 26 November 2013, 32 KNPB members were arrested during a gathering at the grave of Kelly Kwalik, an assassinated leader of theTPN (West Papua National Liberation Army, Tentera Papua Nasional) when TNI/Polri attempted to disperse the crowd that had attended the gathering. The 32 men were held in Mimika Regional police station until 17:00. When other KNPB members attempted to secure their release, police allegedly told them that the 32 men were arrested as they did not have permission to demonstrate.

Sorong

Papuan news site Radar Sorong reported the arrests of three KNPB members who participated in a demonstration on 26 November in support of the FWPC office in Papua New Guinea and the Sorong to Samarai campaign. They were detained for several hours in Sorong Regional police station. Police had allegedly told them that they did not have permission to demonstrate.

Fak-Fak

On 26 November, Arnoldus Kocu, Chairman of KNPB Fak-Fak, was arrested due to his involvement in a demonstration. KNPB activists faced intimidation from security forces who searched their handphones and searched them for sharp weapons. Kocu was detained for questioning by police but released on the same day. However, local activists report that the next day, Kocu was charged under Article 335 for offensive behaviour and has been warned that he will be charged with Article 216 for deliberate intent of disobeying official command if he does not cooperate with police investigations.

Releases

There were no reported releases in November 2013.

Political trials and cases overview

Biak 1 May case continues

The trial for Yohanes Boseren, one of the six detainees in the Biak 1 May case, has been temporarily suspended due to Boseren’s mental illness. Even though Boseren was sent to Abepura Mental Health Hospital on 14 November to receive treatment, he was returned to Biak prison two days later. During a hearing on 20 November, a letter issued by doctors at the Abepura Mental Hospital regarding Boseren’s condition was presented. The letter contained observations conducted during his treatment from 14 to 16 November, which concluded that Boseren had suffered traumatic head injury from beatings he had endured on arrest six months ago, causing him to now experience post-traumatic stress disorder, and a form of organic mental disorder.

The Public Prosecutor stated during the hearing that they would coordinate between the prison authorities and doctors at Abepura Mental Health Hospital to provide medical supplies for Boseren. Human rights lawyers have submitted an appeal for consideration, reasoning that Boseren should be released from prison and given treatment at Abepura mental health hospital due to  limited facilities in Biak prison. The judge replied that Boseren should be referred to Abepura Mental Hospital and returned to Biak prison once he is better. According to the latest information received, Boseren remains in detention in Biak prison.

When human rights lawyers visited the six detainees on 20 November, they found Boseren to be in a bad condition, appearing physically weak. He seemed confused, would sporadically laugh for no reason and was not able to answer questions posed to him. Human rights lawyers and NGOs are calling for his immediate and unconditional release. London-based NGO TAPOL has issued an urgent appeal urging authorities to drop all charges against the six Biak 1 May detainees.

Biak activist Piethein Manggaprouw to face trial in December

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. According to a local source, the trial for Piethein Manggaprouw will begin on 18 December. Information from the same source also reported that Manggaprouw is being denied food, with prison authorities giving him only one meal a day. This has reportedly severely affected his physical health.

Verdict delivered for four detainees in Sarmi arrests case

Information received from local human rights lawyers states that the verdicts for the four detainees in the Sarmi arrests case have been delivered. On 7 November, Alex Makabori, Sileman Teno and Niko Sasomar received a prison sentences of two years and two months, while Daniel Norotouw received a one-year prison sentence. The four men have decided not to submit an appeal against the sentences. The Public Prosecutor had previously demanded for a prison sentence of four years’ for Makabori, Teno and Sasomar, and a one-year prison sentence for Norotouw. They have been in detention since 3 March 2013, and were charged with possession of weapons and conspiracy to commit violence under Article 110 of the Criminal Code and Article 2 of the Emergency Law 12/1951.

While in detention, the four men allegedly faced intimidation and death threats from police officials and were denied access to lawyers. According to their version of events as recorded in an interview with a local human rights activist, the four men were arrested due to their plans to carry out a socialisation for residents in Sarmi, aimed at raising awareness of upcoming political activities planned to commemorate 1 May, a date marking the administrative transfer of Papua to Indonesia. The four men are currently serving their sentences in Abepura prison.

Investigations into four community leaders in Sorong continue

According to an article by ALDP, police investigations continue into the case of four community leaders in Sorong charged with conspiracy to commit treason. Apolos Sewa, Yohanis Goram Gaman, Amandus Mirino and Samuel Klaskok were arrested on 28 August 2013 after a prayer session and statement to the press in solidarity with the Freedom Flotilla, at Maranatha Church in Sorong.

Police investigators stated that they have collected witness testimony from eight people, including the wife of one of those suspected, Yohanis Goram Gaman. A police spokesman also stated that the wives of the other suspects will also be examined and that they will continue to examine more eyewitnesses, including participants of the prayer session on 28 August and those who accompanied the four detainees when they were detained for questioning. Investigators also reportedly received testimony from three people in Jakarta. The four men continue to report to the police every Tuesday and Thursday. They have expressed concern about the potential involvement of their wives as witnesses in the case.

News

Three PNG nationals arrested during Port Moresby rally

On 1 December, Fred Mambrasar, Tony Fofoe and Patrick Kaiku were arrested in Port Moresby, Papua New Guinea for their involvement in a flag-raising ceremony to mark 1 December 1961, when the Morning Star flag was raised for the first time and a date Papuans consider to be their national day. Governor Powes Parkop had told the Guardian Australia that the three men were targeted “due to undue pressure from the Indonesian government.” Parkop also leads 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).

November 2013 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 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 currently 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