In brief

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

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

Arrests

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

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

Activists in Tambrauw detained for reporting civilian deaths

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

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

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

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

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

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

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

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

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

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

Releases

Markus Yenu released

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

Case of concern

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

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

Political trials and cases overview

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

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

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

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

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

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

Timika treason and explosives case

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

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

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

Abepura ammunition case trial resumes

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

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

1 May 2012 Demo and Flag-raising case

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

Trial of Depapre torture case begins for Matan Klembiap

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

Prosecutor to appeal verdict of Serui TPN camp case

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

News

1 May demonstration ban violates freedom of expression

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

Global push to address the situation of political prisoners in Papua

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Information on Sarmi arrests as reported in March 2013 update

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

April 2013 Papuan political prisoners

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 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 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 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

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 October 2014, there were at least 69 political prisoners in Papuan jails.

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

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

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

Arrests

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

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

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

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

Releases

Cultural group leader released

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

Political trials and cases overview

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

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

Jayapura Administrative Court drops summons against human rights lawyer

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

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

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

Stefanus Banal receives bone graft surgery

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

Cases of concern

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

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

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

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

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

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

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

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

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

News

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

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

October 2014 Papuan political prisoners

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 May 2013 there were at least 76 political prisoners in Papuan jails. The first two weeks of May saw scores of demonstrators arrested for their activities commemorating 50^th anniversary of the administrative transfer of Papua to Indonesia. Excessive force was used by the Indonesian security forces in relation to these commemorative activities. This led to the deaths of three activists in Sorong, 36 persons arrested of whom 30 remain in detention, and allegations of torture in Timika and Jayapura.

In the previously reported Yapen police death case, new reports have emerged of allegations of torture, with two of those arrested remaining at risk of torture in detention. Luis Gedi was conditionally released, while trials for Boas Gombo, the Yapen Indigenous Day celebrations’, the Sarmi arrests and the Biak explosives case continue. The verdicts for the Timika explosives case have been delivered.

Arrests

Arrests and excessive use of force in relation to commemorative events of 1 May

During the period of 30 April to 13 May 2013, three Papuan activists were killed in Sorong, 36 were arrested in Timika, Sorong, Biak, Abepura and Jayapura, with 30 remaining in detention. At least 12 people suffered injuries as a result of the brutal treatment of demonstrators by Indonesian security forces responding to the commemoration of 1 May which this year marked the 50^th anniversary of the administrative transfer of Papua to Indonesia in 1963. The Indonesian authorities issued a statement beforehand banning 1 May demonstrations, a violation of the rights of freedom of expression, association and assembly as guaranteed in the Indonesian Constitution.

On 30 April, at around 17:00 East Indonesia time, a gathering of community members took place at the house of Isak Klaibin in Aimas district in Sorong, with the intention of commemorating 1 May. Reports from human rights sources state that police and military forces in four vehicles arrived at around 20:00, surrounding the house. The security forces fired several warning shots, which agitated the demonstrators who then proceeded towards the vehicles. Human rights groups report that the security forces responded by firing into the crowd for 20 minutes, causing the deaths of two activists, Apner Malagawak and Thomas Blesia.

Seven people were arrested – Isak Klaibin, Klemens Kodimko, Obeth Kamesrar, Antonius Safuf, Obaja Kamesrar, Yordan Magablo and Hengky Mangamis – following this incident, and have been charged with treason under Articles 106, 107, 108, 110, 160 and 164 of the Indonesian Criminal Code. Isak Klaibin is also accused of being a TPN-OPM leader. According to Yan Christian Warinussy, Director of the Institute of Research, Analysis and Development for Legal Aid (LP3BH) which is accompanying the seven activists who are currently detained in Sorong police station, the police have cited Article 115 of the Indonesian Criminal Procedure Code in attempts to hinder their access to legal counsel. Article 115 states that in cases of individuals suspected of treason, lawyers may observe the interrogation but may not actually hear what is being said. Warinussy has stated that the police do not normally invoke this Article in such cases.

Local human rights investigators report that at least two demonstrators suffered injuries during the shootings. Herman Lokden, who was shot in the back, is in critical condition while Andareas Safisa sustained injuries from being shot in the foot. LP3BH investigators in Manokwari have reported that after intensive investigations, there is a strong indication that Indonesian security forces have acted illegally by firing into the crowd without warning, which is a gross violation of human rights.

A third activist, Salomina Klaibin, the sister of Isak Klaibin, who was shot in the stomach, thigh and shoulder died in hospital a few days later. Local human rights investigators have reported suspicious circumstances surrounding Salomina’s death, stating that she seemed to be on her way to recovery following an operation on 3 May and was even told by her doctor on 7 May that she would be discharged the following day. On 7 May, at around 11:00, the Chief and Deputy Chief of Sorong district police visited Salomina in hospital. Local sources reported that at the time of this visit, police prevented Salomina’s family from entering her room. Prior to this, security forces had allegedly visited Salomina in hospital to question her though they failed to obtain any information. The security forces reportedly asked her about her brother, Isak Klaibin, who is currently in police detention. Eyewitness testimony from her family alleges that on the night of 7 May around 21:00, a man dressed in a doctor’s coat and black jeans, came into Salomina Klaibin’s room with a syringe filled with a black substance. Without any explanation, the man allegedly injected the substance in the syringe into her intravenous drip, and then left the room in a hurry. Local sources reported that a few minutes later, Salomina started convulsing and wet herself on the bed. The hospital staff attempted to resuscitate her but she died shortly after at 23:20. Human rights group LP3BH has called for an autopsy to be carried out.

On 1 May in Timika, a group of civilians conducted a commemorative ceremony at which the Morning Star flag was raised, resulting in the arrests of at least 15 people, who are allegedly at risk of torture. Local activists have reported that out of the 15 who are currently detained in Mimika police station – Domi Mom, Altinus Uamang, Musa Elas, Jhoni Niwilingame, Hari Natal Magai, Jhon Kum, Semuil Deikme, Miryam Stenamun, Mon Deikme, Aminus Hagabal, Yakob Onawame, Heri Onawame, Biru Kogoya, Beanal and Alpon – at least ten are reportedly facing treason charges. Local human rights investigators have reported that at least two civilians were injured in this incident when security forces fired into the crowd. Local activists have also reported that during a visit to Mimika police station, they were not allowed to see five of the detainees who were separated from the others. It is unclear if the 15 civilians have legal representation at the time of writing.

According to human rights sources, similar events in Biak led to the arrests of at least six activists, five of whom have been named. On 1 May, police opened fire into a crowd of 50 people gathered for a flag-raising ceremony. Local human rights sources report that at least one person was hurt in the incident. Local sources have also reported that Oktofianus Warnares, who led the flag-raising ceremony, has been arrested along with Yosepus Arwakon, George Syors Simyapen, Yona Rumawak and John Sauyas. It is unclear what charges they are facing and if they have legal representation.

Local activists have reported the arrest of West Papua National Committee (Komisi Nasional Papua Barat) leader for Sorong region, Martinus Yohami, on 1 May while giving a speech during a peaceful demonstration. It is unclear if he is facing any charges or has legal representation. Markus Yenu who, as reported in the April Update, was targeted by the police in relation to his involvement in peaceful demonstrations was again pursued for arrest on 1 May by the police. Local human rights sources report that police moved to arrest him during a commemorative march in Jayapura, but protestors positioned themselves between Markus and the police, allowing him to disappear into the crowd.

On 13 May, in reaction to the deaths, arrests and injuries from the commemorative events of 1 May, a coalition of human rights groups and civil society organisations carried out province-wide demonstrations demanding accountability from the government. In Jayapura, protestors gathered outside the Cenderawasih University in preparation for a march, but were stopped by police. Independent Papuan news site Majalah Selangkah reported the arrest of KNPB leader Victor Yeimo, who attempted to negotiate with the police to allow the march to proceed, and three other activists: Yongky Ulimpa, Ely Kobak and Marthen Manggaprouw. A report received from local activists present at the demonstration states that all four activists were severely beaten upon arrest and that they were allegedly hit with rattan canes, and kicked and beaten in detention. Local activists also reported the arrests and ill-treatment of three other activists: Nius Matuan, Wily Kombo and Markus Giban, all of whom are students at Cenderawasih University. Papuan news site Suara Papua reported the alleged torture in detention of Markus Giban by Jayapura police, resulting in the university student suffering from a broken arm. Local sources state that six of the activists (all but Victor Yeimo), were allegedly threatened by the police with charges of treason, but were released several hours later when no evidence could be found against them.

Victor Yeimo has been transferred to Abepura prison where he remains in detention. Local sources report that he has been held in relation to a previous case in 2009, when he was sentenced to one year imprisonment for his involvement in a peaceful demonstration. Victor Yeimo reportedly served nine months of this sentence. He is expected to complete the rest of his prison sentence from 2009, though the length of this remaining sentence is disputed. Victor is receiving legal accompaniment from his lawyer Manfret Naa.

Oktovianus Pogau, a journalist with Suara Papua, reported police using excessive force on the crowd of demonstrators at Cenderawasih University, severely beating them and destroying several motorcycles during an attempt to disperse the protestors. Following this event, local activists have reported an increase in the presence of security forces in Sentani, Abepura and Jayapura Kota. Mobilised tanks and police vehicles are said to be carrying teargas equipment and water cannons.

Last year, 13 people were arrested in similar events on 1 May 2012 for their participation in a demonstration commemorating 1 May at which the Morning Star flag was raised. All were released with the exception of Timur Wakerkwa and Darius Kogoya who were convicted of treason and continue to serve three-year and two-and-a-half year prison sentences respectively. Human rights groups have highlighted the deterioration in the human rights situation in Papua by comparing the response to the commemorative events of other years.

More arrests in relation to Yapen police death

Local human rights investigators have reported the arrests of four more civilians who have allegedly been tortured in relation to the death of Jefri Sesa, a Yapen police officer. On 3 May 2013, Astro Kaaba was arrested by police special force officers allegedly under the directions of Yapen police. He was brought to Yapen police station where he was reportedly severely tortured until he lost consciousness for close to 20 hours. Local sources have reported that 17-year old Hans Aronggear has also been arrested and allegedly tortured in relation to this case. Yahya Bonay, Hans Aronggear and Astro Kaaba are undergoing investigation and are currently detained at Serui police station, reportedly facing charges of treason. Sources have also reported the arrests of two civilians, Luis Samai and Musa Samai, who have been released and are currently in critical condition after being severely tortured. It is unclear whether the three men who remain in detention have access to legal representation.

Radio host arrested in Manokwari

On 3 May 2013, Dimas Anggoro, a radio host for Radio Matoa FM based in Manokwari, was reportedly arrested for discussing the issue of financial difficulties faced by the Manokwari district office on air. Criticism of an Indonesian official in Papua was also allegedly expressed on the show. Anggoro was accompanied to the Sanggeng police station, where he is believed to be detained, by colleagues from the Alliance of Independent Journalists (Aliansi Jurnalis Independen, AJI). Wally Jack, an AJI coordinator in Jayapura, reportedly called on Indonesian authorities to refer to existing press laws rather than resort to arrest. He specifically quoted Law No. 40 on the press that refers to the use of the existing complaints procedure where a person or group feels aggrieved over a news item. A press release by the Pacific Freedom Forum stated that there were concerns for the safety of Anggora and his associates, as little news has been received since his arrest.

Releases

Luis Gedi released

Luis Gedi has been released from Abepura prison on the condition that he reports monthly to the police for approximately the next three years. Gedi was serving a 15-year sentence after being charged under Articles 212 and 214 in relation to violence which occurred on 16 March 2006. Clashes between demonstrators demanding the closure of the Freeport mine and security forces erupted leaving three policemen and one Air Force intelligence officer dead. Gedi was amongst the 23 people charged in relation to this incident. The torture he was subjected to on 16 and 17 April 2006 has been documented by the Indonesian Working Group on Advocacy against Torture. It included being burnt with cigarettes and beaten with wooden beams. Human rights investigators have reported how Gedi, under torture, confessed to the killing of policeman Rahman Arizona and gave the name of his friend, Ferdinand Pakage. Pakage is still currently serving a 15-year sentence in Abepura prison.

Political trials and cases overview

Yapen Indigenous Day Celebrations case: Unfair trial

On 8 May 2013, the trial of Edison Kendi and Yan Piet Maniamboi in the Yapen Indigenous Day Celebrations case resumed, with the court hearing witness statements. Local activists have reported that during the court session, the Prosecutor asked police who were present to confiscate all cameras and mobile phones belonging to observers, resulting in tension in the courtroom. Local investigators stated that the situation returned to normal when the police guaranteed to return the items later.

As previously reported in the April Update, Prosecutor Matius Matulesi called on ex political-prisoner Jon Nuntian, and Jamal Omrik Manitori, to testify against Edison Kendi and Yan Piet Maniamboi. Local human rights sources report that Manitori was forced by Matulesi to sign a letter agreeing to be a witness to the case. Manitori refused to accede to this and did not testify against Kendi and Maniamboi. However, local sources report that statements allegedly made by Jon Nuntian against Kendi and Maniamboi as recorded in police minutes of the case were read out by the Prosecutor. The Prosecutor reportedly declared that the examination of witnesses was complete though there were four other witnesses who were not present as they were out of town. On 16 May, the agenda was set for the hearing of the testimony of Edison Kendi and Yan Piet Maniamboi, but the hearing was postponed reportedly due to the absence of members of the prosecution team.

Local activists reported that the next hearing on 20 May, which proceeded with the testimony of the two defendants, revealed that the police investigation report was flawed and it was thus rejected by the defendants. It also became clear that Kendi and Maniamboi did not receive legal accompaniment during the investigation and that despite this, they were not informed by the police that the legal investigation report was signed by their lawyer. The hearing also reportedly saw the Prosecutor putting forth photographic and video evidence of a demonstration led by the two accused in Jayapura while claiming that the material showed evidence of their participation in a  demonstration in Serui. This was rejected by the lawyers of the two activists. They stated that the so-called evidence had no relation to the case at hand which involved the demonstrations held on 1 May 2012 and 9 August 2012 in Serui, Yapen island.

The next hearing, scheduled for 28 May, to proceed with the Prosecutor’s indictment  against the two activists, was postponed to 4 June 2013, reportedly because the indictment had not been received by the Serui District Court from the Jayapura High Court.

Trial begins for Boas Gombo, denied access to legal counsel

The trial of Boas Gombo, who was arrested on 28 February 2013 at the border between Indonesia and Papua New Guinea, has reportedly begun despite the lack of a defence counsel for Gombo. Local human rights lawyers have reported that they have requested for Gombo to be accompanied by legal counsel, but that the trial had reportedly gone ahead nonetheless.

Trial continues for Sarmi arrests

In the April Update, Papuans Behind Bars had not yet received enough information to confirm if Isak Demetouw (Alex Makabori), Daniel Norotouw, Niko Sasomar and Sileman Teno can be considered as political prisoners. New information received from local human rights sources indicate that this can now be confirmed, in light of reports that the four men, who were arrested on 3 March 2013, have allegedly been charged under fabricated charges by a joint military and police task force in Sarmi.

According to their version of events, given in an interview with a local activist, the four men headed to Sarmi from Jayapura on 1 March with the intention of carrying out a socialisation event for residents in Sarmi, aimed at raising awareness regarding political developments in Papua and violations that have occurred during the ongoing conflict. A local source has reported that this event took place on 2 March, from 19:00 to 20:30 local time, during which the four men received information that the Indonesian military were aware of their whereabouts and activity. The four men state that on 3 March the army task force pursued them in Yanma village, where they were allegedly arrested without a search warrant and handled in a brutal manner. They also allege that the military and police authorities planted evidence in order to charge them, including bottles of medicine, weapons and TPN/OPM documents. During interrogation, the four men allegedly faced intimidation and death threats from security officials and were denied access to lawyers.

Human rights lawyers reported that the men were charged with treason and conspiracy to commit violence under Articles 106 and 110 of the Criminal Code. Local sources state that from the date of their arrest, the four men were detained in Sarmi police station for 21 days, after which an extension of detention until 3 May was issued. On 28 April they were transferred to the Regional Papua police station for further detention. On 3 May, their case was referred to the Public Prosecutor and they were then transferred to Abepura prison, where they are currently detained, awaiting their trial which will be heard at the Jayapura District Court.

Verdict scheduled for Biak explosives trial

As reported in the March Update, an appeal submitted by the defence lawyers for KNPB activists Paulus Alua and Bastian Mansoben, who were charged under Emergency Law 12/1951 for possession of explosives, was rejected by the court. Human rights lawyers have reported that the verdict for this case will be delivered by the Biak District Court on 11 June 2013.

Verdicts delivered for Timika Six

On 14 May 2013, the verdict was delivered for the six KNPB Timika activists – Stephen Itlay, Romario Yatipai, Paulus Marsyom, Alfret Marsyom, Jack Wansior and Yantho Awerkion – who were charged with treason. They were sentenced to 8 months in prison, less time already spent in detention and are expected to be released in June 2013. Human rights lawyers stated that Yantho Awerkion, who faced an additional primary charge of possession of explosives, would not be given an additional prison sentence on top of the initial 8-month sentence. This decision comes despite the court reportedly finding him guilty of possession of explosives.

Period of detention for Jamal Omrik Manitori extended until 22 June 2013

Local human rights investigators have reported that in the Serui TPN case, the Public Prosecutor has submitted an appeal demanding a longer sentence for Jamal Omrik Manitori than the one-year prison sentence decided by the court. Manitori, who has been detained since 3 July 2012, is currently undergoing a second period of detention lasting 60 days, from 1 May to 22 June 2013, during the appeals process.

News

National civil society and international community respond to brutal events of 1 May

On 2 May 2013, following commemorative events of 1 May (see ‘Arrests’), the UN High Commissioner for Human Rights, Navi Pillay, voiced concern over the suppression of freedom of expression and excessive use of force on demonstrators in Papua, calling on the Indonesian government to allow peaceful protests and hold accountable those responsible for the violence. She called on the government to implement the recommendations put forward by the National Commission of Human Rights (Komnas HAM) and the National Commission on Violence against Women (Komnas Perempuan) regarding freedom of expression and underlined the lack of transparency in addressing serious human rights violations in Papua.

On 4 May, a joint statement issued by NAPAS, KontraS, Sekretariat Bersama (SEKBER Buruh), Politik Rakyat, Perempuan Mahardhika, Forum Mahasiswa Demokrasi (FORMAD), KPO-Perjuangan Rakyat Pekerja (KPO-PRP) and Yayasan Pusaka, urged the Indonesian government to conduct a thorough investigation into the incident in Aimas district, Sorong (see ‘Arrests’), to immediately release all activists and to repeal Regulation 77/2007, which has been used to stigmatise Papuans as separatists. A coalition of 11 international organisations consisting of TAPOL, the International Coalition for Papua, Survival International, Franciscans International, West Papua Advocacy Team, East Timor and Indonesia Action Network, West Papua Action Auckland, Australia West Papua Association (Sydney), Peace Movement Aorearoa, Pacific Media Centre and Pacific Scoop submitted an appeal to the UN Special Rapporteur on Freedom of Expression, Frank La Rue, to take action by raising the issue with the Indonesian government. The appeal highlighted the killing, arbitrary arrests and excessive use of force against peaceful protestors in Papua between 30 April and 13 May.

Papuan political prisoners reject SBY offer of clemency

Yunus Wonda, a deputy speaker of the Papuan provincial legislature has stated that Indonesian President Susilo Bambang Yudhoyono  will reportedly offer all political prisoners in Papua clemency under the government’s ‘special autonomy plus’ program. This offer came about during a meeting at Wonda’s private residence which was attended by Papuan figures including Papua Governor Lukas Enembe. In reaction to this offer, 25 political prisoners in Abepura prison put forth a statement strongly rejecting clemency. The statement, which amongst others included signatures from Victor Yeimo, Dominikus Surabut, Daniel Gobay, Timus Wakerkwa and Boas Gombo, called for political rights and stated that any offer of amnesty or clemency offered by the Indonesian president would be rejected. An explanatory statement signed by Selpius Bobii, stated that their position as political prisoners informed the international community of the situation in Papua and called for “real steps to bring an end to the status of the Papuan political and legal dispute.” Filep Karma has also reportedly rejected the term ‘Narapidana Politik (napol)’or convicted political prisoners, as it suggests that acts of violence were committed, when the vast majority of political prisoners are being held because of their political beliefs.

OMCT issues urgent appeal on behalf of Matan Klembiap

On 27 May 2013, the International Secretariat of the World Organisation Against Torture (OMCT) issued an urgent appeal on behalf of Matan Klembiap, who is currently detained in Abepura prison where he is awaiting trial. The appeal highlighted the extensive torture Klembiap was subjected to and urges competent authorities, amongst other things, to guarantee the physical and psychological integrity of Klembiap and to carry out prompt, effective, thorough, independent and impartial investigations into these allegations. Newly received information from local human rights sources indicates that Klembiap is at risk of physical and mental disability after enduring severe torture during his detention at Jayapura police station from 15 to 18 February 2013.

NAPAS and Kontras march

On 16 May, activists from National Papua Solidarity (NAPAS) and the Commission for the Disappeared and Victims of Violence (Komisi Untuk Orang Hilang dan Korban Tindak Kekerasan, KontraS), held a public discussion on political prisoners, marking the launch of Papuans Behind Bars in Jakarta. The discussion, which was held in the Jakarta offices of KontraS, challenged statements previously made by the authorities, including the Coordinating Minister for Legal, Political and Security Affairs, Djoko Suyanto that there are no political prisoners in Papua. It also addressed the use of Articles 106 to 110 of the Criminal Code to target activists and political prisoners’ inadequate access to healthcare. The event featured interactive discussions with the Deputy Minister of Justice and Human Rights, Denny Indrayana, and Albert Hasibuan, the chief legal advisor to the President on Law and Human Rights. Following the public discussion, activists from KontraS and NAPAS marched to the Coordinating Ministry of Legal, Political and Security Affairs and to the Presidential Palace to demand the release of Papuan political prisoners.

May 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 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 July 2015, there were at least 51 political prisoners in Papua.

Information received from the Central Papuan Highlands Coalition for Peace, Law and Human Rights (Koalisi untuk Kedamaian, Hukum dan HAM Pegunungan Tengah Papua) reported an increasing climate of intimidation and harassment against human rights defenders and lawyers in Wamena. Coalition members providing accompaniment to Roby Erik Pekey, a victim of arbitrary police violence in Wamena, have been subject to harassment due to their role in addressing impunity. An increased number of reports of intimidation faced by human rights defenders underscores the need for the state to take urgent measures to ensure their protection.

Reports from the Coalition describing how Jayawijaya police were able to freely mistreat Roby Pekey while he sought medical treatment in Wamena Hospital is yet another example of open police brutality in public spaces. In our April 2015 update, we recorded two other cases of victims who were arbitrarily detained, tortured and cruelly treated in hospitals.

In Tolikara on 17 July, a 16-year-old teenager was shot dead and at least 11 others injured when security forces shot into a crowd that were protesting the use of loudspeakers during an Eid al-Fitr prayer session. The shootings provoked the burning of several kiosks, which spread quickly to amusholla (a prayer room) where the prayers were taking place. While police were quick to secure the arrests of two men who were allegedly involved in the arson, perpetrators of the shootings from the security forces have so far not yet been identified or brought to account. Investigations into the incident are currently ongoing.

At least 40 members of the United Liberation Movement of West Papua (ULMWP) were arrested for participating in a prayer session giving thanks to the outcome of the June summit of the Melanesian Spearhead Group (MSG). Since May this year, 264 people have been arrested for expressing their support or being involved with the ULMWP. The targeting of ULMWP members and its supporters for arbitrary arrest demonstrates Indonesia’s zero-tolerance policy towards peaceful aspirations of West Papuan independence.

Arrests

40 arrested in Fakfak for organising prayer session; three charged with public order offences 

On 3 July 2015, at least 40 people were arrested for organising a prayer session in Fakfak. A group of people had gathered at the regional secretariat office of the ULMWP to give a prayer of thanks for the ULMWP being granted Observer status by the Melanesian Spearhead Group (MSG) during its June summit in Honiara, Solomon Islands.

Three men remain in detention and face charges of public order offences under Article 510 of the Indonesian Criminal Code that punishes the staging of a public event without police permission. According to lawyers from the Institute for Research, Investigation and Development of Legal Aid, (LP3BH, Lembaga Penelitian, Pengkajian dan Pengembangan Bantuan Hukum), Apnel Hegemur, Roy Marten Mury and Daniel Hegemur were initially charged with conspiracy to commit rebellion under Articles 108 and 110, but these charges were later changed.

The three men are believed to be in detention at Fakfak Regional Police Station while awaiting trial.

Two men arrested for participating in demonstration against palm oil plantation company PT Permata Putera Mandiri

Human rights organization Pusaka reported that on 15 May 2015, two men were detained for their involvement in a demonstration against palm oil plantation company PT Permata Putera Mandiri (PPM). Obed Korie and Odie Aitago were arrested alongside several other demonstrators who were eventually released. The demonstrators, consisting of students and community members from the Iwaro tribe in South Sorong Regency, blocked PPM offices in protest against land grabbing, illegal logging and unfair compensation, amongst other concerns, by PT PPM.

Korie and Aitago were charged with violence towards persons or property under Article 170 of the Indonesian Criminal Code. On 14 July, they attended their first court hearing. Their trial is expected to continue in August.

Releases

There were no reported releases in July 2015.

Political trials and cases overview

Narko Murib rearrested

Information received from LP3BH lawyers reported that on 3 July, Narko Murib, one of four men detained in May for participating in a demonstration, was rearrested more than two weeks after his escape from police Mobile Brigade (Brigade Mobil, Brimob) headquarters in Manokwari.

A detention warrant issued by Manokwari police states that Murib will be held at the Brimob headquarters in Manokwari until 6 August 2015. The case files for the three other detainees have been transferred to the Prosecution. LP3BH lawyers have also reported further instances of denied access to the four detainees. On 24 July, Simon Banundi, a lawyer with LP3BH, was told by Brimob officers that he could not meet with the four detainees due to instructions from Papua Police Chief Inspector General Paulus Warterpauw denying the detainees any visitors.

Cases of concern

Teenager shot dead and 11 others injured in Tolikara clash

On 17 July, a clash broke out between security forces and dozens of members of a congregation of the Evangelical Church in Indonesia (Gereja Injili di Indonesia, GIDI) in Karubaga, Tolikara Regency. Endy Wanimbo, a 16-year-old teenager was shot dead while 11 others were injured.

At around 07:00 Papuan time, a group of GIDI members gathered outside the compound of a Military Command (Komando Rayon Militer, Koramil) post where Eid al-Fitr prayers were taking place in a prayer room (musholla). According to Papuan newspaper Jubi, they were protesting the use of loudspeakers during the prayer session, claiming that it was interrupting a GIDI Youth Conference that was taking place nearby. According to eyewitness accounts as reported in several media reports, some protestors started throwing stones at security forces and worshippers in the compound in retaliation to the use of loudspeakers during the prayer session.

At 07:05, Brimob officers, Tolikara Regional Police and military officers from Infantry Battalion 756 (Batalyon Infanteri 756, Yonif 756) started shooting at the crowd of people gathered outside the Koramil compound. A 16-year-old teenager named Endy Wanimbo was shot dead and at least 11 people suffered gunshot injuries. It is understood that this provoked the burning of several kiosks in the vicinity of the Military Compound and that the fire then spread to the musholla. Reports stated that along with the musholla, around 60 shops were destroyed in the fire and 211 people were left homeless.

According to Jubi, two victims of the shootings, Amaten Wenda and Yetimbula Yikwa, were physically manhandled into giving their thumbprints and forced to sign a letter, of which the contents are unknown, while receiving treatment at Jayapura General Hospital.

Early statements from Papuan civil society organisations criticised various statements made in the media which squarely placed blame for the clash on the Papuan community in Tolikara. A statement released by church leaders in Papua urged security forces to cease the use of weapons and violence in dealing with conflict. On 18 July, the National Commission on Human Rights (Komisi Nasional Hak Asasi Manusia, Komnas HAM) reported its early findings, stating that “the conflict was triggered by police shootings.”

On 23 July, two men were arrested in connection with the arson. Jubi reported that police identified the two men, currently known by their initials as ‘AK’ and ‘JW’, from video footage and eyewitness accounts. The two men will be charged with incitement and violence against persons or property under Articles 160 and 170 of the Indonesian Criminal Code.

Suara Papua reported that Reverend Enden Wanimbo, the President of GIDI, criticised the arrests, highlighting that, by contrast, the perpetrators of the shootings have so far not been identified or brought to account. On 27 July, Reverend Wanimbo, along with Reverend Benny Giay, the leader of the Tabernacle Church in Papua (Kingmi Papua), met with the Papuan branch of the Nahdatul Ulama (NU), agreeing to come to a resolution.

Investigations by government institutions and Papuan civil society groups into the incident are currently ongoing.

Nursing student arbitrarily shot by Wamena police; human rights defenders and lawyers from Coalition threatened

A report received by the Central Papuan Highlands Coalition for Peace, Law and Human Rights (Koalisi untuk Kedamaian, Hukum dan HAM Pegunungan Tengah Papua) stated that on 21 June, Roby Erik Pekey, a 21-year-old nursing school student was arbitrarily shot and detained by Jayawijaya Regional police in Wamena. Police chased and shot Pekey reportedly because he was suspected of stealing a motorcycle a couple days before the incident.

Information received from the Coalition stated that on 21 June, Pekey was chased on motorcycle by a group of 14 plainclothes police officers. During the chase, police proceeded to fire shots at him, causing him to fall off his motorcycle. He was then shot in the right ankle and left thigh and was left unable to walk. Plainclothes officers then reportedly picked him up and threw him into a compound of a nearby house. Police then threatened to shoot him in the head when he started to plead innocence. One of the officers shot him a third time in his left leg.

Shortly after, Pekey was sent to Wamena General Hospital under tight police supervision. On the way to the hospital, Pekey continued to plead innocence by explaining that he had bought his motorcycle from someone who had decided to pawn it. Police officers responded by kicking him in the mouth and eyes. Upon arrival to the hospital, Pekey was thrown onto the asphalt ground, resulting in blisters on his back.

According to the report by the Coalition, upon seeing Pekey’s dire condition, the families of other patients requested medical staff to attend to him first. In response, police officers stopped doctors from doing so and proceeded to taunt and humiliate Pekey by lifting and swinging his injured legs.

Later that evening, Pekey’s family were stopped from visiting him in hospital, reportedly under instructions from Semmy Ronny Thaba, the Head of Jayawijaya Regional Police. The next day, on 22 June, four police officers paid Pekey a visit in hospital, threatening him and his family with guns and forcing him to sign a letter accepting his arrest warrant.

According to the Coalition, police did not conform to the proper procedures in their arrest of Pekey and did not conduct thorough investigations before arresting him. In early July, Jayawijaya police were quoted in several Papuan newspapers, insisting that police officers had acted according to standard procedure during Pekey’s arrest. Thaba stated that police had first fired warning shots but were forced to shoot Pekey when he attempted to escape.

Human rights defenders from the Coalition reported that Pekey was not guilty of stealing the motorcycle, but had acquired it from someone else who had decided to pawn it. Police investigators stated that they would conduct further investigations into these allegations but that they would continue to detain and interrogate Pekey once his injuries have healed.

On 28 July, Hesegem and other human rights defenders from the Coalition accompanied Pekey during a pre-trial hearing in Wamena District Court challenging his arrest. Information received from the Coalition stated that the pre-trial hearing was attended by dozens of police officers, reportedly set up to intimidate them. According to witness accounts as described in a report by the Coalition, police investigators were overheard stating that they “had to kill” AlDP lawyer Anum Siregar, one of the human rights lawyers accompanying Pekey.

Information from the Coalition also detailed other incidents of intimidation and harassment towards their members from Wamena police in connection with this case. On 22 July, police officers blocked the office of human rights organisation Papua Lotus Heart Foundation (Yayaysan Teratai Hati Papua, YTHP), and reportedly threatened Father John Jonjonga, the organisation’s Director. According to the Coalition, Hesegem has also faced threats from Wamena police in connection with his work as a human rights defender in other cases.

News

Clearing House Committee disbanded

Indonesian magazine Tempo reported that on 14 July 2015, the Ministry of Foreign Affairs confirmed that the Clearing House Committee has been disbanded. Siti Sofia Sudarma, the Director of Information and Media at the Ministry of Foreign Affairs, told Tempo that opening Papua to foreign journalists would bring about “positive change to Indonesia”. In May, during a visit to Papua, President Joko Widodo had announced that foreign journalists would no longer be restricted from entering Papua. Prior to this, foreign journalists were required to undergo a stringent visa application process involving the unanimous approval of the Clearing House Committee, which consisted of 18 separate government agencies.

However, contradictory statements from Coordinating Minister for Political, Legal and Security Affairs Tedjo Edhy Purdijatno and Papua National Police Spokesman Sr. Comr. Agus Rianto issued shortly after the President’s announcement in May suggested that foreign journalists would still be subject to screening when applying for visas to report in Papua. A newly established ‘Foreign Affairs Monitoring Team’ is expected to play a similar role to the Clearing House Committee in vetting visa applications from journalists.

Papuan civil society groups commemorate 17^th anniversary of the Biak massacre

On 2 July 1998, in the wake of the fall of the New Order regime, political prisoner Filep Karma led a demonstration in Biak where the Morning Star independence flag was raised on a water tower near the harbour. Over the following four days, demonstrators occupied the area and defended the flag from police who attempted to take it down. On 6 July, the Indonesian military took control of the harbour by brutal force. At least 32 people were killed by being dumped in the sea, three people were disappeared, 150 people were tortured, and 33 people were arbitrarily arrested during the massacre.

In commemoration of the 17^th anniversary of the Biak massacre, on 6 July this year, a number of Papuan civil society groups gathered for a press conference. Amongst them were KontraS Papua (Komisi untuk Orang Hilang dan Korban Tindak Kekerasan), Solidarity for Victims of Human Rights Violations (Solidaritas untuk Korban Pelanggaran Hak Asasi Manusia, SKP-HAM), United for Truth (Bersatu Untuk Kebenaran, BUK), Garda Papua and the Independent Student Forum (Forum Independen Mahasiswa, FIM).

July 2015 Papuan Political Prisoners

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