Filep Karma

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sources

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Ferdinand Pakage

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Yusak Pakage

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sources

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

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

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

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

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

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

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

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

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Papuans Behind Bars: August 2013

In brief

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

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

Arrests

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

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

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

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

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

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

Waena

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

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

Wamena

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

Fak-Fak

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

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

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

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

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

Timika and Nabire

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

Journalist severely beaten in Paniai

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

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

Witnesses to police murder detained in Wamena

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

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

Releases

Daniel Gobay and Matan Klembiap released

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

Six activists in Abepura ammunitions case released

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

Political trials and cases overview

Prosecution of six 1 May Biak detainees

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

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

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

Unreliable witnesses presented in Aimas 1 May case

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

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

Timika 1 May case transferred to Prosecutor

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

Appeal to be submitted for Yapen Indigenous Day Celebrations case

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

Yogor Telenggen accused of being involved in Pirime 2012 shootings

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

Verdict delivered for Atis Rambo Wenda

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

Appeal submitted for Bastian Mansoben

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

Sarmi arrests trial continues to be postponed

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

Cases of concern

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

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

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

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

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

Security forces raid Paniai church in search for weapons

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

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

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

News

Governor Enembe visits political prisoners in Abepura

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

August 2013 Papuan political prisoners

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

2013

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

2013

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

2013

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

2013

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

2013

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

2013

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

death

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

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

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

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

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

In brief

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

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

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

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

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

Arrests

13 students arrested in Sorong for demonstrating against poor education system

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

KNPB Merauke leader arrested during raid on secretariat

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

Two KNPB activists arrested and beaten for distributing flyers

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

Releases

Yoseph Arwakon released following sentence remission

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

Three activists in Fakfak released

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

UNIPA student leader released

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

Political trials and cases overview

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

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

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

Palm oil plantation protestors sentenced

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

MSG demo detainees in Manokwari still detained at Brimob HQ

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

ULMWP supporters detained in Biak to face trial in October

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

Piethein Manggaprouw sentence increased to three years

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

Markus Sawias sentence increased to four years

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

Cases of concern

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

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

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

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

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

Two Papuans shot dead by soldiers in Timika

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

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

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

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

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

Army officers shoot Papuan man over roadside accident

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

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

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

Three Papuans kidnapped and tortured in Jayapura

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

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

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

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

Roby Pekey shot then charged with theft

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

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

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

Tolikara incident detainees under town arrest

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

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

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

Intan Jaya Regent participates in brutal forced dispersal of student demonstration

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

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

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

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

News

Filep Karma rejects remission

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

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

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

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

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

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

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

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

September 2015 Papuan Political Prisoners

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

Place of detention

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

 

 

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

 

 

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

 

MSG demo in Biak

 

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

 

MSG demo in Biak

 

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

 

MSG demo in Biak

 

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

 

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

2013

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

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

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October/November 2015: State accountability for abuses remain exception rather than the rule

In brief

At the end of October 2015, there were at least 42 political prisoners in Papua. At the end of November, there were at least 41 political prisoners in Papua.

On 19 November 2015, Filep Karma was released after 11 years in prison. He had consistently rejected offers of release via remission or clemency from the Indonesian government, stating that this would mean an admission of guilt. However, on the day of his release, Karma was not given a choice to remain in prison but was simply removed. Karma has stated that he will continue to peacefully express his political aspirations of an independent Papua. However, it remains to be seen if this would be tolerated by Indonesian security forces. Just a few days before Karma’s release, on 16 November 2015, a demonstration calling for democracy and media freedom was forcibly dispersed by Wamena police. The demonstration was led by five ex-political prisoners who were released in May 2015.

The four detainees arrested for demonstrating their support for a bid by the United Liberation Movement for West Papua (ULMWP) for membership within the Melanesian Spearhead Group (MSG) in May 2015 have been sentenced to 1.5 years’ imprisonment each. There are concerns that Narko Murib, one of the detainees, is not receiving adequate medical care for serious health complications that he is currently experiencing. Human rights lawyers representing this case, as well as another case in Biak also involving ULMWP supporters, have noted that there appears to be a substitution of treason charges with other criminal charges. In particular, detainees are charged with incitement, under Article 160 of the Indonesian Criminal Code.

Three soldiers were sentenced to imprisonment, with another awaiting verdict, over the killing of two Papuan men by Military District Command 1710 soldiers in Koperapoka, Mimika on 28 August 2015. While the prosecution of military officials for abuses are encouraging, they remain the exception rather than the rule. In the ‘Bloody Paniai’ incident, another high profile case of state violence, securing convictions has not been so easy. In spite of investigations carried out by the National Commission of Human Rights (Komnas HAM) into the shootings that took place on 8 December 2014, there are no indications of progress in bringing perpetrators to account.

Arrests

Monks and human rights activists detained for demonstrating on Bloody Paniai; journalist beaten

On 8 October 2015, 18 people were detained for participating in a demonstration demanding accountability for the ‘Bloody Paniai’ shootings of December 2014. Amongst the detainees were five Franciscan monks, an Augustinian monk, and civil society members from local human rights organisations. Demonstrators were calling for President Jokowi to expedite the legal process for the Paniai case.

Reports from the Office for Justice, Peace and Integrity of Creation (Sekretariat Keadilan, Perdamaian dan Keutuhan Ciptaan, SKPKC Papua) stated that Jayapura City police forcibly dispersed the demonstration by beating protestors with rifle butts. Abeth You, a journalist with the Papuan news site Majalah Selangkah, was strangled and beaten by a police officer and had his photos erased from his camera when he attempted to report on the arrests.

The 18 detainees were forced onto two police trucks and were taken to the Abepura Police Station. They were held in the trucks for an hour and a half before being released without charge.

Three KNPB activists interrogated over French journalist visit

On 9 October 2015, three West Papua National Committee (Komite Nasional Papua Barat, KNPB) Sentani activists were detained and interrogated for several hours by Sentani police over a visit by Marie Dhumieres, a Jakarta-based French journalist to Pegunungan Bintang regency. On 1 October 2015, Dhumieres, who reportedly received a police permit to visit Papua, visited Ohika district in Pegungunan Bintang regency to cover the inauguration of the executive board of the local KNPB chapter. The three KNPB activists – Agus Kossay, Bano Kalaka and Nodi Hilka – were released without charge.

Suara Papua reported that four days later, on 13 October, the KNPB Sentani secretariat was raided by Jayapura Regional police and Mobile Brigades (Brigade Mobil, Brimbob) officers under the instructions of the Head of Jayapura Regional Police (Kapolres) AKBP Sondang Siagian. During the raid, police painted over a wall that had an image of the Morning Star on it. No arrests were made during the raid.

15-year-old boy detained for wearing Morning Star flag t-shirt

On 8 October, Matheus Louw, a 15-year-old high-school student, was arrested in Sorong for wearing a t-shirt that had an image of the Morning Star flag and a slogan stating “Free West Papua.” He was detained at around 16:15 Papua time by an army officer while watching a football match at the Military Regional Command 171 Headquarters (Markas Komando Resort Militer 171, Makorem 171). He was questioned briefly at the military headquarters before being taken by eight police officers to be further interrogated by Criminal Investigation Unit (Reskrim) at the Sorong City Regional Police Station. Louw was reportedly forced to sign a statement stating that he would not repeat his actions and was forced to surrender his t-shirt as ‘evidence’. While charges were not brought against him, reports from local human rights sources stated that police threatened to shoot and imprison him if he wore clothing with the Morning Star motif and such slogans again. He was released after an hour of interrogation at Sorong City Regional Police Station.

Releases

Filep Karma released

On 19 November 2015, Papua’s most well-known political prisoner, Filep Karma, was released via a special decade remission. He had consistently rejected offers of remission or clemency from the Indonesian government, due to the implicit admission of guilt to which he does not subscribe. However, on the day of his release, he was not given a choice to remain in prison but was simply removed. In 2004, Karma was arrested and charged with treason for raising the Morning Star flag.

End of prison terms for Obed Korie and Jantje Wamaer

Papuans Behind Bars has removed Obed Korie and Jantje Wamaer from the list of political prisoners as it is likely that they have been released following the end of their prison terms.

Obed Korie was sentenced to five months’ imprisonment and was scheduled to be released on 15 October 2015. He was arrested on 15 May 2015 for participating in a demonstration against palm oil plantation company PT Permata Putera Mandiri (PPM) in Sorong.

Jantje Wamaer is believed to have been released on 1 October 2015, following the end of his prison sentence of 2.5 years.  Like Obed Korie, his release is yet to be confirmed. He was arrested on 1 May 2013 for participating in an event in Biak commemorating the 50th anniversary of the administrative transfer of Papua to Indonesia. Three other men – Oktovianus Warnares, George Syors Simyapen and Markus Sawias – in this case are still behind bars in Biak prison.

Political trials and cases overview

MSG Manokwari demonstrators sentenced to 1.5 years’ imprisonment

Lawyers with LP3BH (Institute for Research, Investigation and Development of Legal Aid) reported that on 27 November 2015, Alexander NekenemNarko Murib, Maikel Aso (alias Othen Gombo) and Yoram Magai were sentenced to 1.5 years’ imprisonment each. The prosecution had previously demanded a prison sentence of two years each for the four detainees.

LP3BH lawyers have argued that the Public Prosecutor in this case, Syahrul, SH, committed contempt of court when he failed to provide sufficient medical care for Narko Murib, who is suffering from stomach complications arising from malaria and tuberculosis. During a court hearing on 9 November 2015, Head Judge Maryono, SH, ordered the Public Prosecutor to ensure that Murib received adequate medical attention after he was unable to attend the hearing due to his poor health. Instead of sending Murib to a hospital, the Public Prosecutor ordered a police officer to give him painkillers and to examine his blood pressure.

The four men were amongst 75 people arrested on 20 May 2015 for taking part in a demonstration in Manokwari in support of the bid by the United Liberation Movement for West Papua (ULMWP) for membership in the Melanesian Spearhead Group (MSG).

Public Prosecutor demands 1.5 years’ imprisonment for ULMWP supporters

Human rights lawyers accompanying Apolos Sroyer, Dorteus Bonsapia and Wamoka Yudas Kossay, reported that on 25 November 2015, the prosecution demanded prison sentences of 1.5 years each for the three detainees who face charges of incitement and spreading lies under Article 160 of the Indonesian Criminal Code and Article 14 of Law 1/1946 respectively. They were expected to receive a verdict in early December 2015. On 21 May 2015, the three detainees were arrested alongside 14 others in Biak for demonstrating their support for a bid by the ULMWP for membership of the Melanesian Spearhead Group (MSG).

Cases of concern

Three soldiers sentenced to imprisonment, one more awaiting verdict

In our last update we reported on the fatal shooting of two Papuan men by two soldiers from Military District Command 1710 (Komando Distrik Militer 1710, Kodim 1710) in Koperapoka, Mimika regency on 28 August 2015. Media reports stated that three soldiers have been sentenced to imprisonment for their involvement in the incident. First Private Makher Rehatta was sentenced to 12 years’ imprisonment, while First Sergeant Ashar was sentenced to nine years’ imprisonment. The two soldiers were found responsible for opening fire on 28 August 2015, which led to the deaths of two Papuan men. Chief Private Gregorius R. Geta was sentenced to three years’ imprisonment for his involvement in the shootings. Another soldier, First Private Imanuel Imbiri, is currently awaiting the verdict of his trial. The four soldiers were believed to have been under the influence of alcohol when the shootings occurred.

Demonstration led by five ex-political prisoners curbed by Wamena police

On 16 November 2015, a demonstration led by five ex-political prisoners was stopped from taking place by Jayawijaya Regional police. Domi Mecky Meaga, one of the coordinators of the demonstration, told Suara Papua that police dispersed the demonstration even though a Notice of Demonstration had previously been submitted to the police. Meaga stated that at the time of dispersal, police had beaten demonstrators and that at least one gunshot was heard. The demonstration called for the opening of democratic space in Papua, a guarantee of safety for Papuans, and to allow foreign journalists to enter and report on Papua.

Police disperse activists visiting Theys Eluay grave

On 10 November 2015, Jayapura Regional police dispersed a group of activists and university students who were visiting the tomb of Theys Eluay to mark the 14th anniversary of his assassination. KNPB leader Victor Yeimo told local media that armed police intimidated the activists and forbade them from cleaning the grave site or taking photographs. On 10 November 2001, Theys Eluay was murdered by Kopassus special forces officers. His driver, Aristoteles Masoka, disappeared the same night.

Kopassus officer opens fire and beats villagers while intoxicated

Reports from local human rights investigators stated that on 2 October 2015, a Kopassus officer with the initials ‘MK’ severely beat Kaspar Merom, a local villager in Merauke, after wrongly accusing him of theft. The officer, who was reportedly under the influence of alcohol, began beating Merom with a baton when he denied any wrongdoing. The youth sustained a deep cut on the mouth. When Merom and his friend, who was also present at the time, retaliated, the Kopassus officer retreated and ran away to a Kopassus post nearby. The officer then reportedly returned with a pistol, but failed to find the two youths. He then allegedly proceeded to fire shots in the local residential area. He also reportedly strangled another youth, Theo Torip, and threatened him at gunpoint to reveal the whereabouts of Merom and his friend. The following day, several Kopassus officers reportedly returned to the area and warned residents not to launch any reports on the incident.

News

Note regarding the removal of Kamori Murib from the political prisoner list

Information received from Wamena-based human rights groups reported that in early October 2015, Kamori Murib escaped Wamena prison. In light of this he has been removed from the list of political prisoners. On 9 December 2014, Kamori Murib was arrested and tortured in relation to the possession of a pistol. He had intended to handover to the authorities a pistol belonging to a deceased relative, but was instead detained and charged under Emergency Law 12/1951. On 20 August 2015, he was sentenced to three years’ imprisonment. We will continue to report on this case should any new developments come to light.

November 2015 Papuan Political Prisoners

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

Place of detention

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

 

 

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

 

 

4 Wamoka Yudas Kossay 22 May 2015 Article 160 Indonesian Criminal Code, Article 14 of Law 1/1946 Verdict in early December

 

MSG demo in Biak

 

Uncertain  Yes Biak
5 Apolos Sroyer 20 May 2015 Article 160 Indonesian Criminal Code, Article 14 of Law 1/1946 Verdict in early December MSG demo in Biak

 

Uncertain  Yes Biak
6 Dorteus Bonsapia 20 May 2015 Article 160 Indonesian Criminal Code, Article 14 of Law 1/1946 Verdict in early December MSG demo in Biak

 

Uncertain  Yes Biak
7 Narko Murib 20 May 2015 Article 160 1.5 years MSG demo in Manokwari Uncertain Yes Manokwari
8 Alexander Nekenem 20 May 2015 Article 160 1.5 years MSG demo in Manokwari Uncertain Yes Manokwari
9 Yoram Magai 20 May 2015 Article 160 1.5 years MSG demo in Manokwari Uncertain Yes Manokwari
10 Othen Gombo 20 May 2015 Article 160 1.5 years MSG demo in Manokwari Uncertain Yes Manokwari
11 Odie Aitago 15 May 2015 Article 170 7 months Sorong demo against PT PPM Yes Uncertain Sorong
12 Ruben Furay 1 May 2015 Uncertain Police investigation pending Kaimana 1 May 2015 Uncertain Uncertain Kaimana
13 Sepi Surbay 1 May 2015 Uncertain Police investigation pending Kaimana 1 May 2015 Uncertain Uncertain Kaimana
14 Dr Don Flassy* 14 April 2015 Articles 106, 55(1),53(1) On bail KIP treason arrests Uncertain Uncertain Bailed, city arrest, cannot leave Jayapura
15 Dr Lawrence Mehue* 14 April 2015 Articles 106, 55(1),53(1) On bail KIP treason arrests Uncertain Uncertain Bailed, city arrest, cannot leave Jayapura
16 Mas Jhon Ebied Suebu* 14 April 2015 Articles 106, 108(2), 55(1), 53(1) On bail KIP treason arrests Uncertain Uncertain Bailed, city arrest, cannot leave Jayapura
17 Onesimus Banundi* 14 April 2015 Articles 106, 108(2), 55(1), 53(1) On bail KIP treason arrests Uncertain Uncertain Bailed, city arrest, cannot leave Jayapura
18 Elias Ayakeding* 14 April 2015 Articles 106, 160 On bail KIP treason arrests Uncertain Uncertain Bailed, city arrest, cannot leave Jayapura
19 Yosep Siep 9 July 2014 Articles 187, 164 Supreme Court appeal being considered Pisugi Election Boycott Yes Yes Released pending appeal
20 Marthen Marian 9 July 2014 Articles 187, 164 Supreme Court appeal being considered Pisugi Election Boycott Yes Yes Released pending appeal
21 Jhoni Marian 9 July 2014 Articles 187, 164 Supreme Court appeal being considered Pisugi Election Boycott Yes Yes Released pending appeal
22 Alapia Yalak 4 June 2014 Uncertain Police investigation pending Yahukimo arrests Yes Yes Papua Police Headquarters
 23

 

 

Jemi Yermias Kapanai 1 February 2014 Articles 106, 108, 110 and Emergency Law 12/1951 3.5 years Sasawa military raid arrests Yes Yes Serui Prison
24 Septinus Wonawoai 1 February 2014 Articles 106, 108, 110 and Emergency Law 12/1951 3.5 years Sasawa military raid arrests Yes Yes Serui Prison
25 Rudi Otis Barangkea 1 February 2014 Articles 106, 108, 110 and Emergency Law 12/1951 3.5 years Sasawa military raid arrests Yes Yes Serui Prison
26 Kornelius Woniana 1 February 2014 Articles 106, 108, 110 and Emergency Law 12/1951 3.5 years Sasawa military raid arrests Yes Yes Serui Prison
27 Peneas Reri 1 February 2014 Articles 106, 108, 110 and Emergency Law 12/1951 3.5 years Sasawa military raid arrests Yes Yes Serui Prison
28

 

Salmon Windesi 1 February 2014 Articles 106, 108, 110 and Emergency Law 12/1951 3.5 years Sasawa military raid arrests Yes Yes Serui Prison
29 Obeth Kayoi 1 February 2014 Articles 106, 108, 110 and Emergency Law 12/1951 3.5 years Sasawa military raid arrests Yes Yes Serui Prison
30 Soleman Fonataba* 17 December 2013 Articles 106, 110)1, 53, 55 1.5 years city arrest, appeal pending Sarmi 2013 Melanesian flag arrests No / not yet clear No City arrest ends on 23 January 2016
31 Edison Werimon* 13 December 2013 Articles 106, 110)1, 53, 55 1.5 years city arrest, appeal pending Sarmi 2013 Melanesian flag arrests No / not yet clear No City arrest ends on 23 January 2016
32 Piethein Manggaprouw 19 October 2013 Articles 106, 110 3 years Third Papuan Congress demo in Biak No Yes Biak
33 Oktovianus Warnares 1 May 2013 Articles 106, 110, Emergency Law 12/1951 7 years Biak flag-raising, 1 May commemoration Yes Yes Biak
34 Markus Sawias 1 May 2013 Articles 106, 110, Emergency Law 12/1951 4 years Biak flag-raising, 1 May commemoration Yes Yes Biak
35 George Syors Simyapen 1 May 2013 Articles 106, 110, Emergency Law 12/1951 4.5 years Biak flag-raising, 1 May commemoration Yes Yes Biak
36 Isak Klaibin 30 April

2013

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

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

 

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August 2014: Widespread crackdown on civil society intensifies

In brief

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

The situation in Papua deteriorated this month, as Indonesian security forces intensified their crackdown on Papuan civil society. Lawyers, activists, human rights defenders, priests, tribal leaders and journalists were targeted for arrests, intimidation, beatings and murder. The arrest and continued detention of two French journalists in Papua and a Papuan tribal leader highlighted the ongoing restrictions on access to Papua.

While the West Papua National Committee (Komite Nasional Papua Barat, KNPB) has consistently been targeted since their formation in November 2008, there has been an observably increased crackdown on them since April 2014. In the past five months, a total of 81 KNPB members were arrested. Data collected by Papuans Behind Bars shows that in April, there were six KNPB-affiliated arrests and in May, there were three further arrests. The number of KNPB arrests in June rose to 24 as Indonesian authorities aimed to prevent peaceful events commemorating 1 July, a date Papuans consider to be their national day. In July, there were 36 KNPB arrests in relation to a planned boycott of the Indonesian Presidential elections, the highest recorded number of KNPB arrests in 2014. This pattern continues in August with the arrests of 12 further KNPB members. One of the 12 arrested was a 16-year-old boy, who faced ill-treatment by Navy officers in Manokwari. Martinus Yohame, leader of the KNPB Sorong branchs, was kidnapped, tortured and murdered. Human rights NGO Amnesty International issued a statement condemning the murder and called on Indonesian authorities to carry out a prompt, thorough, competent, and impartial investigation into the killing.

In June and July 2014, mass arrests were recorded in Boven Digoel, Wamena and Timika. The pattern of mass arrests continued this month with the arrests of 20 people including women and children, in Nimbokrang district on the basis of alleged affiliations with the Papuan National Army/Free Papua Organisation (Tentera Papua Nasional/Organisasi Papua Merdeka, TPN/OPM). They were detained without arrest warrants and were beaten on arrest. Human rights lawyers were continuously obstructed in their attempts to gain access to the detainees in this case who remain in detention.

The humanitarian situation in Lanny Jaya is of particular concern following the reported burning down of traditional honai houses by the Indonesian military and police forces. Information received from the Advocacy Network for Upholding Law and Human Rights (Jaringan Advokasi Penegakan Hukum dan HAM Pegunungan Tengah Papua, JAPH&HAM) and the Fellowship of Baptist Churches of Papua (Persekutuan Gereja-Gereja Baptis Papua), among others, described reprisal attacks on civilians in Pirime district in Lanny Jaya regency. An unconfirmed number of people remain internally displaced, as they are unable to return to their villages due to destabilising military activity in Pirime district.

Arrests

Five Papuans and two international journalists arrested in Wamena

On 6 August, five Papuans – Areki Wanimbo, Deni Douw, Enius Wanimbo, Jornus Wenda and Ahky Logo – and two French journalists; Thomas Charles Dandois and Valentine Bourrat, were arrested by Jayawijaya Regional police. Areki Wanimbo, Dandois and Bourrat remain in detention while the rest of those arrested have been released without charge.

On the day of their arrest, Dandois and Bourrat met with Areki Wanimbo, a tribal leader from Lanny Jaya, at his home in Wamena. Reports from human rights activists in Wamena stated that the two journalists intended to ask the tribal chief about the humanitarian situation following fighting which had broken out in Lanny Jaya between security forces and an armed movement headed by resistance leader Enden Wanimbo (See item below). After the meeting, the two journalists left to return to their hotel. Dandois travelled by motorcycle with Ahky Logo. The two men were followed by three intelligence officers from Jayapura Regional police, who moved to arrest them on their journey. Human rights activist Theo Hesegem, who drove Bourrat back to her hotel, was briefly stopped by intelligence officers who told them they would be in touch shortly. Hesegem returned home after sending Bourrat back to the hotel. Shortly afterwards, Bourrat was arrested at the hotel by Jayawijaya Regional police.

After the arrests of Dandois, Bourrat and Logo, police returned to the home of tribal chief Areki Wanimbo and searched his home. Police then arrested Areki Wanimbo, Deni Douw and Jornus Wenda who were also at his home. It is believed that another Papuan, Enius Wanimbo, was also arrested and later released without charge, but it is unclear exactly when and where. Information from lawyers with the Alliance for Democracy for Papua (Aliansi Demokrasi untuk Papua, ALDP), who are currently representing Areki Wanimbo, reported that the three men were verbally abused and received death threats from police officers on arrest.

According to information from Wamena-based human rights workers, the following day, Enius Wanimbo, Deni Douw, Jornus Wenda and Ahky Logo, the Head of the Foundation of Community Teaching, Education and Development (Yayasan Pendidikan Pengajaran dan Pembangunan Rakyat, Yayasan YP3R) were released without charge after being interrogated overnight without any legal accompaniment.

While initial accusations against Areki Wanimbo and the four other Papuan men were in relation to the breaching of immigration rules, given that the two journalists were working on tourist visas, the interrogation reportedly shifted to the situation in Lanny Jaya. Areki Wanimbo was then also accused of buying ammunition to give to the pro-independence armed movement the West Papua Nasional Liberation Army (Tentera Pembebasan Nasional Papua Barat, TPNPB). While he initially faced charges of possession of ammunition under Emergency Law 12/1951 and breaching immigration rules under Article 122 of Law 6/2011 on Immigration, he now faces charges of conspiracy to commit treason under Articles 106 and 110 of the Indonesian Penal Code. ALDP lawyers have criticised the unprofessional way Areki Wanimbo’s case had been handled, with the changing of charges and unsuitable evidence.

On 9 August, Dandois and Bourrat were transferred to Papua Provincial Police Headquarters (Kepolisian Daerah Papua, Polda Papua) for further interrogation. They are currently facing charges of breaching immigration rules under Article 122 of Law 6/2011 on Immigration, which carries a maximum sentence of five years’ imprisonment and a maximum fine of IDR. 500 million (around USD42,700). Police have also stated that the two are suspected of espionage and attempting to destabilise Papua, and that further investigations will continue. Reporters Without Borders have issued a statement appealing to the Indonesian authorities to release them without delay.

On 12 August, Wanimbo was transferred to Polda Papua, without the knowledge of his lawyers, to undergo further interrogation while awaiting trial. The four Papuan men who were released without charge, along with human rights activist Theo Hesegem, have now been called to act as witnesses during the trial of Wanimbo, Dandois and Bourrat. 

Pastor arrested during fighting between security forces and armed group in Lanny Jaya

Reports received from civil society organisations based in Papua, including ALDP, Advocacy Network for Upholding Law and Human Rights (Jaringan Advokasi Penegakan Hukum dan HAM Pegunungan Tengah Papua, JAPH&HAM) and the Fellowship of Baptist Churches of Papua (Persekutuan Gereja-Gereja Baptis Papua), among others, described events from 28 July to 5 August, highlighting serious human rights concerns including the arrest of Pastor Ruten Wakerkwa.

Information from JAPH&HAM and the Fellowship of Baptist Churches described a meeting on 28 July between a pro-independence armed movement led by Enden Wanimbo and Lanny Jaya police, reportedly so that an arms transaction could take place. However, fighting broke out between them, allegedly due to the unwanted presence of a separate police brigade who were not involved in the deal. Reports suggested that at least one police officer died and several others were injured. The armed group reportedly seized four weapons and thousands of bullets before escaping into the forest. Several Indonesian news sites however reported a different version of events, stating instead only that security forces were attacked by the armed movement. The following day, military and police forces reportedly burned down traditional honai houses in Yugumeya and Wenam villages in Pirime in retribution. On 30 and 31 July, the burning of honai houses reportedly continued in Indawa village in Awinayu district and Ekanom village in Pirime district. Abednego Wakerkwa, a 10-year-old boy, was reportedly found dead in a burned down honai. Two pigs were also reportedly shot by security forces in Indawa village.

On 1 August, fighting between security forces and the armed group led by Enden Wanimbo resumed in Ekanom village, resulting in injuries on both sides. Pastor Ruten Wakerkwa of the Baptist Church of Jerusalam in Tekun village, Pirime district, was arrested at this time. Wakerkwa is believed to be in detention in Lanny Jaya Regional police station. It is unclear what charges he faces but he was reportedly arrested when police found a photo of the Morning Star flag on his phone. Early reports indicate that he is likely to have faced torture in detention.

Local sources reported that villagers are still unable to return to their villages due to military activity in Lanny Jaya. An unconfirmed number of people are believed to have been displaced due to the violence.

KNPB activists arrested and ill-treated for graffiti act in Manokwari

On 8 August 2014, two KNPB members, 16-year-old Robert Yelemaken and 21-year-old Onni Weya were arrested in Manokwari by three military officers from the Navy (Tentera Nasional Indonesia Angkatan Laut, TNI Angkatan Laut) and one plainclothes police officer. Reports received from various independent local human rights activists stated that they were arrested because they were painting graffiti stating anti-Indonesian Independence Day messages.

According to video testimony from Yelemaken, who has since been released, they were forced to lie down on the ground upon arrest and then kicked and severely beaten by the security forces with rifle butts and rattan sticks. They were then forced into a police truck where they continued to be kicked and beaten until they arrived at Manokwari Regional police station. Police poured the paint on them that they had used for the grafiti, and reportedly forced them to drink the paint. The two activists suffered various injuries from the beatings. Yelemaken received a swollen eye and Weya suffered cuts to the chin.

Majalah Selangkah reported that on 18 August, student activists from the State University of Papua (Universitas Negeri Papua, UNIPA) and various members of the public held a demonstration in Manokwari demanding the release of the two KNPB activists. Yelemaken was released on the same day, reportedly without the knowledge of his lawyers from the Institute of Research, Analysis and Development for Legal Aid (Lembaga Penelitian, Pengkajian dan Pengembangan Bantuan Hukum, LP3BH). On 2 September, lawyers received information that Weya was similarly released without their knowledge. He previously faced charges of incitement under Article 160 of the Indonesian Penal Code.

12 detained and charged with treason in Nimbokrang district clampdown

As reported in the previous update, in July police Mobile Brigades (Brigade Mobil, Brimob) and Papua regional police (Kepolisian Daerah Papua, Polda Papua) conducted raids in Kampung Berab in Nimbokrang district, reportedly after receiving information about alleged armed pro-independence camps in the village. An updated report received from Jayapura-based human rights investigators confirmed further arrests and continued police surveillance in Nimbokrang district. On 10 August 2014, 20 people, including four women and one child, were arrested in Warambaim in Nimbokrang district under accusations of being members of the TPN/OPM.

Information received from local lawyers stated that during arrest, at least some of those arrested were beaten by Nimbokrang District police and Jayapura Regional police. The 20 people were brought to Doyo District police station. Eight people were released without charge the following day, including the four women and one child, and three other men – Paulus Logo, Wene Naftali Hisage and Albert Matuan. Even though they had technically been released without charge, several police investigators continued to interrogate them on their identities and instructed that they remain in the police station. On 13 August, lawyers from KontraS Papua were denied access to the remaining 12 detainees. Investigators refused to provide any information regarding the detainees and instead asked the lawyers to coordinate with the Head of the Criminal Investigation Unit (Kepala Satuan Reserse dan Kriminal, Kasat Reskrim) of Jayapura Regional police station. When they approached the Kasat Reskrim, he in turn allowed access only to the eight people who had technically been released but remained in detention three days after their arrest. Upon meeting the eight individuals and hearing their plight, lawyers demanded their release. They were then released an hour later.

Lawyers continued to be denied access to the 12 remaining detainees – Philemon Yarem, Loserek Loho, Sahayu Loho, Enos Hisage, Herman Siep, Nius Alom, Jhon Lakopa Pigai, Gad Mabel, Anton Gobay, Yos Watei, Matius Yaung and Alpi Pahabol. Investigators at Doyo District police station refused their request of a copy of the arrest warrant, stating instead that this was not possible without permission from the Head of the Regional police (Kepala Polisi Resort, Kapolres).  On 14 August, after hours of negotiation with the police, lawyers managed to obtain arrest warrants for only four of the detainees – Philemon Yare, Loserek Loho, Sahayu Loho and Enos Hisage. On 18 August, lawyers were permitted to meet these four detainees to get the Power of Attorney letters signed but were not allowed to hold discussions with them.

In the following days, after continued barriers to access, lawyers managed to negotiate with police to meet with the eight other detainees in order to get their Power of Attorney letters signed. According to lawyers, six of the detainees do not speak Indonesian, exposing them to greater vulnerability during their legal process. The 12 men face charges of treason under Article 106 of the Indonesian Penal Code. On 26 August, lawyers submitted a letter of complaint to the Head of Papua Provincial police outlining the barriers they faced to attaining free access to the 12 detainees and the ill-treatment faced by the detainees on arrest and in detention.

UNCEN authorities continue working with police to disperse demonstrations; journalist attacked

On 15 August, nine student activists belonging to the Papuan Student Youth Movement (Gerakan Mahasiswa Pemuda Rakyat Papua, GempaR) were arrested during a demonstration against the New York Agreement of 1962 at the Cenderawasih University (Universitas Cenderawasih, UNCEN) campus. Jubi reported the arrests of two of the nine students – Regina Wenda and Ribka Komba. It is believed they were released early on. The seven remaining students – Benny Hisage, Yason Ngelia, Klaos Pepuho, Gerson Rumrapuk, Bram Demetouw, Markus Dumupa and Yulianus Dumupa – were arrested by Abepura District police under the instruction of the Assistant Rector of UNCEN, Frederik Sokoy, echoing arrests made in July at the request of Paulina Watofa, the ex-Dean of the Medical School.

Papuan media sources Jubi and Suara Papua reported the intimidation and physical attack on Jubi journalist Aprila Wayar. While photographing the event, Wayar was approached by five police officers who attempted to seize her iPad. The Head of Regional police was reported to have told her that as the demonstration was illegal, journalists were not allowed to take photos of the event. She was then strangled by a police officer and dragged towards a police truck. Her protestations were ignored, even when she told police that she was a journalist. She was released only after several other people negotiated with the police.

On arrest, Ngelia, Rumrapuk and Hisage were beaten with rifle butts. Police seized IDR. 200,000 from Benny Hisage and handphones belonging to Dumupa and Pepuho. On 16 August, five of the seven students – Benny Hisage, Gerson Rumrapuk, Bram Demetouw, Markus Dumupa and Yulianus Dumupa – were released without charge. On 20August, Klaos Pepuho and Yason Ngelia were released upon the request of Assistant Rector Sokoy. The charges for Pepuho and Ngelia were suspended, putting them at risk of being rearrested and for charges against them to be resumed should they hold further demonstrations in the UNCEN campus.

KNPB activists detained over opening of KNPB office in Asmat

On 11 August, ten KNPB activists were arrested in Asmat by Asmat Regional police, reportedly under the instructions of the local regent. They were arrested and interrogated for four hours in relation to the opening of a KNPB office in Asmat. A human rights activist reported that around 300 people demonstrated for the release of the KNPB activists. All ten activists have since been released.

Head of Papuan cultural group arrested in Raja Ampat

On 22 August, at around 23:00, Abner Bastian Wanma, the Head of Sanggar Budaya SARAK-Sorong, a Papuan cultural group, was arrested in Waisai, Raja Ampat by 11 fully armed plainclothes officers from a joint task force composed of the Papuan National Police (Polisi Daerah Papua, Polda Papua) and Raja Ampat Regional police investigators (Reserse Polres Raja Ampat). LP3BH have issued a statement protesting the unprocedural manner of his arrest and calling for his unconditional release. It is uncertain whether Wanma faces any charges, and under what basis he was arrested.

Releases

Victor Yeimo released

On 5 August, Victor Yeimo, the General Secretary of KNPB, was released on parole from Abepura prison. Yeimo was first arrested on 21 October 2009 and initially sentenced to three years in jail for conspiracy to commit treason. His sentence was later decreased to one year’s imprisonment. He was then arrested for a second time on 13 May 2013 while leading a demonstration and was ordered to finish the rest of his three-year sentence given in 2009. This is despite the fact that the sentence had been decreased to a year.

Five detainees in Timika 1 May case released

Credible information received from a local source in Timika confirmed the release of the five detainees in the Timika 1 May case – Domi Mom, Alfisu Wamang, Musa Elas, Eminus Waker and Yacob Onawame. 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.

Kristianus Madai released

Human rights lawyers from KontraS Papua reported the release of Kristianus Delgion Madai from Abepura prison on 3 August 2014 following the end of his six-month prison sentence. He was charged for possession of ammunition under Emergency Law 12/1951 after being arrested for allegedly smuggling eight 8.4mm calibre bullets while in transit at Sentani Aiport. Lawyers reported that it is possible that Madai was sentenced due to his previous activity in peaceful student demonstrations in Jakarta, during the visit of the Melanesian Spearhead Group (MSG).

Political trials and cases overview

Sasawa detainees charged with rebellion

Information from defence lawyers from the Alliance for Democracy for Papua (Aliansi Demokrasi untuk Papua, ALDP) reported that the seven detainees in the Sasawa arrests case are charged with rebellion under Article 108 of the Indonesian Penal Code for allegedly being involved the armed pro-independence movement, the West Papua National Army (Tentara Nasional Papua Barat, TNPB). This charge is on top of their charges of treason under Article 106 and possession of sharp weapons under the Emergency Law 12/1951. The next court session on 1 September will hear the testimonies of the witnesses.

According to information from local human rights defenders, the defendants Salmon Windesi, Peneas Reri, Kornelius Woniana, Obeth Kayoi, Rudi Otis Barangkea, Jemi Yermias Kapanai and Septinus Wonawoai were arrested during a military raid on Sasawa village targeting TPN/OPM members. Information published on ALDP’s website reported that the seven men faced torture on arrest by police and military forces. Defence lawyers from ALDP have stated that the seven men are not members of any armed movements but are instead ordinary civilians of Sasawa village with regular professions.

Five detained in 9 July Boycott arrests face charges of conspiracy to endanger security of persons or property

ALDP lawyers reported that Yosep Siep, Ibrahim Marian, Marsel Marian, Yance Walilo and Yosasam Serabut, who were arrested on 9 July, are currently facing charges under Articles 187 and 164 for conspiracy to endanger security of persons or property, for reportedly making and using explosives. The five men were arrested alongside 13 others, who have since been released, for their involvement in the distribution of flyers calling for an election boycott. ALDP lawyers were informed by the five men and their family members that they faced torture on arrest.

Two in Yalengga flag-raising case no longer in detention

Reports received from ALDP lawyers stated that Obed Kosay and Oskar Hilago in the Yalengga flag-raising case are no longer in detention. It is believed that they have escaped from Wamena prison. Clemency for the case is currently being considered at the Indonesian State Secretariat (Sekretariat Negara Republik Indonesia, Setneg). Meki Elosak and Wiki Meaga remain behind bars in Wamena prison.

Report reveals new details in Pirime shootings 2012 case

Newly received reports from Jayapura-based human rights sources reveal more information regarding the case of Yogor Telenggen. Information regarding this case has been difficult to obtain, and early reports received indicated that Telenggen was likely to be a political prisoner, as according to Papuans Behind Bars guidelines. More detailed reports however suggest otherwise and he has therefore been taken off the list of political prisoners. However, these reports have revealed concerning details on the case, including the arrests of three other people.

On 10 March 2013, Yogor Telenggen was arrested by Jayapura police and brought to Papuan Provincial Police Headquarters under accusations of an attack on Pirime District police station on 27 November 2012. On the way to the police station, he was hit on the face and beaten six times on the back with a rifle butt. His family was reportedly not told of his arrest. On 5 July 2013, Usmin Telenggen, a student, was arrested by Jayapura police in connection with the same case. During their detention in Papuan Provinicial police station, both detainees were not allowed legal representation. On 2 October 2013, they were transferred to Wamena Regional police station while awaiting trial. They did not have any legal representation throughout the length of their trial. On 15 June 2014, they were both sentenced to 10 years imprisonment. Two days later, they were re-sentenced to life imprisonment after being found guilty of murder and violence against persons or property under Articles 340, 338, 170 and 251 of the Indonesian Penal Code and possession of weapons under the Emergency Law 1/1951. Upon sentencing, they were transferred to Abepura prison to serve their sentences.

Reports also described the arrests of two other men in Puncak Jaya. In connection with this case on 4 April 2014, Gision Wonda was arrested, while Dimion Telenggen was arrested two days later. They were initially detained in Papua Provincial Police Headquarters but were later transferred to Wamena Regional police station. They have both reportedly faced torture and intimidation in detention. Human rights workers reported that they were electrocuted, beaten with rifle butts and severely beaten in detention. Under torture, they have reportedly confessed to their involvement in the attack on Pirime District police station on 27 November 2012. They currently do not have legal representation.

Cases of concern

KNPB Sorong leader kidnapped and murdered

Reports received from KNPB activists described the kidnapping and murder of Martinus Yohame, the Head of KNPB Sorong. On 19 August, Yohame alongside other KNPB and People’s Local Parliament (Parlemen Rakyat Daerah, PRD) members held a press conference in Sorong addressing the visit of Indonesian president Susilo Bambang Yudhoyono aimed at promoting tourism to Raja Ampat. Yohame criticised the move as being harmful to the ecosystem and environment in Papua. After the press conference, he reportedly received a phone call from a woman who claimed to be from the National Committee on Human Rights (Komnas HAM) in Jakarta. The caller requested a meeting with Yohame, who obliged. They met in front of the Mayor’s office where the woman then offered to have a meal with Yohame. A man was also present, who was reportedly filming their actions. Before leaving, the woman told Yohame that they would stay in touch with him. Activists alleged that Yohame went missing on 20 August after leaving his home at around 12:00 to answer a phone call from the woman. He was allegedly told by the caller to cross the road from his home.

As reported in Tabloid Jubi, on 26 August, Martinus Yohame’s body was found by a fisherman close to the shore of Nana Island, in the Doom island area of Sorong. He was found in a sack, with his hands and feet tied. According to the hospital autopsy report, Yohame was shot in the left chest area and his face was smashed in due to heavy beatings.  A 1×1 cm hole was found in his left chest and a 2x3cm hole was found in the right side of his stomach, suggesting bullet wounds. The body’s height was 1.79 metres and had dreadlocks, fitting Yohame’s description. The KNPB have stated that they believe that Yohame was kidnapped and murdered by Special Forces Command (Komando Pasukan Khusus, Kopassus) officers.

Yohame had previously been arrested following his involvement in peaceful political activity. On 26 November 2013, Yohame and two other KNPB activists were arrested and detained for several hours because of their involvement in the demonstrations supporting the Sorong to Samarai campaign, which aimed to gather signatories from across Papua New Guinea in support of West Papua’s membership application to the Melanesian Spearhead Group (MSG).

Human rights lawyer summoned twice by Jayapura police

Prominent human rights lawyer Gustaf Kawer has received two summonses under accusations of coercion and rebelliousness under Articles 211 and 212 of the Indonesian Penal Code. On 22 August, a first summons was issued stating that Kawer had been called as a witness to a case against himself. On 25 August, he was sent a second summons that explained that he had been reported by an administrative court judge. It concerned a protest Kawer had made against Jayapura court judges during a hearing on an indigenous land dispute with the government held on 12 June 2014. He protested the judge’s decision to dismiss his request for adjournment and hold the hearing without his presence. In 2012, Kawer was threatened with prosecution when he represented the Jayapura Five who were accused of treason.

News 

Filep Karma rejects Indonesian Independence Day remission

On 17 August, Filep Karma rejected a six month remission offered to him as part of remissions given to prisoners annually on Indonesia’s Independence Day. Karma stated that accepting a remission was akin to admitting to being guilty of wrongdoing, which he rejects. Karma is serving 15 years in prison for organising a flag-raising ceremony in Abepura in 2004. This December will see the 10th anniversary of his imprisonment.

August 2014 Papuan political prisoners 

  Prisoner Arrested Charges Sentence Case Accused of violence? Concerns reported re legal process? Prison / Place of detention
1 Abner Bastian Wanma 22 August 2014 Unknown Police investigation pending Raja Ampat cultural group leader arrest Uncertain Uncertain Raja Ampat
2 Philemon Yarem 10 August 2014 Articles 106, 87, 53 Awaiting trial Nimbokran arrests Uncertain Yes Doyo Regional police station
3 Loserek Loho 10 August 2014 Articles 106, 87, 53 Awaiting trial Nimbokran arrests Uncertain Yes Doyo Regional police station
4 Sahayu Loho 10 August 2014 Articles 106, 87, 53 Awaiting trial Nimbokran arrests Uncertain Yes Doyo Regional police station
5 Enos Hisage 10 August 2014 Articles 106, 87, 53 Awaiting trial Nimbokran arrests Uncertain Yes Doyo Regional police station
6 Herman Siep 10 August 2014 Articles 106, 87, 53 Awaiting trial Nimbokran arrests Uncertain Yes Doyo Regional police station
7 Nius Alom 10 August 2014 Articles 106, 87, 53 Awaiting trial Nimbokran arrests Uncertain Yes Doyo Regional police station
8 Jhon Lakopa Pigai 10 August 2014 Articles 106, 87, 53 Awaiting trial Nimbokran arrests Uncertain Yes Doyo Regional police station
9 Gad Mabel 10 August 2014 Articles 106, 87, 53 Awaiting trial Nimbokran arrests Uncertain Yes Doyo Regional police station
10 Anton Gobay 10 August 2014 Articles 106, 87, 53 Awaiting trial Nimbokran arrests Uncertain Yes Doyo Regional police station
11 Yos Watei 10 August 2014 Articles 106, 87, 53 Awaiting trial Nimbokran arrests Uncertain Yes Doyo Regional police station
12 Matius Yaung 10 August 2014 Articles 106, 87, 53 Awaiting trial Nimbokran arrests Uncertain Yes Doyo Regional police station
13 Alpi Pahabol 10 August 2014 Articles 106, 87, 53 Awaiting trial Nimbokran arrests Uncertain Uncertain Doyo Regional police station
14 Areki Wanimbo 6 August 2014 Articles 106 and 110 Awaiting trial French journalists arrests in Wamena Uncertain Uncertain Papuan Police Headquarters
15 Pastor Ruten Wakerkwa 1 August 2014 Unknown Police investigation pending Lanny Jaya 2014 military raid arrests Uncertain Uncertain Lanny Jaya Regional police station
16 Sudi Wetipo 14 July 2014 Unknown Police investigation pending Boycott Pilpres 2014 in Wamena Uncertain Uncertain Jayawijaya Regional police station
17 Elius Elosak 14 July 2014 Unknown Police investigation pending Boycott Pilpres 2014 in Wamena Uncertain Uncertain Jayawijaya Regional police station
18 Domi Wetipo 14 July 2014 Unknown Police investigation pending Boycott Pilpres 2014 in Wamena Uncertain Uncertain Jayawijaya Regional police station
19 Agus Doga 14 July 2014 Unknown Police investigation pending Boycott Pilpres 2014 in Wamena Uncertain Uncertain Jayawijaya Regional police station
20 Yosep Siep 9 July 2014 Articles 187, 164 Awaiting trial Boycott Pilpres 2014 in Wamena Yes Uncertain Jayawijaya Regional police station
21 Ibrahim Marian 9 July 2014 Articles 187, 164 Awaiting trial Boycott Pilpres 2014 in Wamena Yes Uncertain Jayawijaya Regional police station
22 Marsel Marian 9 July 2014 Articles 187, 164 Awaiting trial Boycott Pilpres 2014 in Wamena Yes Uncertain Jayawijaya Regional police station
23 Yance Walilo 9 July 2014 Articles 187, 164 Awaiting trial Boycott Pilpres 2014 in Wamena Yes Uncertain Jayawijaya Regional police station
24 Yosasam Serabut 9 July 2014 Articles 187, 164 Awaiting trial Boycott Pilpres 2014 in Wamena Yes Uncertain Jayawijaya Regional police station
25 Alapia Yalak 4 June 2014 Unknown Police investigation pending Yahukimo arrests Yes Yes Papua Police Headquarters
26 Ferdinandus Blagaize 24 May 2014 Unknown Police investigation pending Merauke KNPB arrests No Uncertain Okaba District police station
27 Selestinus Blagaize 24 May 2014 Unknown Police investigation pending Merauke KNPB arrests No Uncertain Okaba District police station
28 Lendeng Omu 21 May 2014 Unknown Police investigation pending Yahukimo arrests Uncertain Yes Yahukimo Regional police station
29 Jemi Yermias Kapanai 1 February 2014 Articles 106, 108, 110 and Emergency Law 12/1951 On trial Sasawa military raid arrests Yes Yes Sorong
30 Septinus Wonawoai 1 February 2014 Articles 106, 108, 110 and Emergency Law 12/1951 On trial Sasawa military raid arrests Yes Yes Sorong
31 Rudi Otis Barangkea 1 February 2014 Articles 106, 108, 110 and Emergency Law 12/1951 On trial Sasawa military raid arrests Yes Yes Sorong
32 Kornelius Woniana 1 February 2014 Articles 106, 108, 110 and Emergency Law 12/1951 On trial Sasawa military raid arrests Yes Yes Sorong
33 Peneas Reri 1 February 2014 Articles 106, 108, 110 and Emergency Law 12/1951 On trial Sasawa military raid arrests Yes Yes Sorong
34 Salmon Windesi 1 February 2014 Articles 106, 108, 110 and Emergency Law 12/1951 On trial Sasawa military raid arrests Yes Yes Sorong
35 Obeth Kayoi 1 February 2014 Articles 106, 108, 110 and Emergency Law 12/1951 On trial Sasawa military raid arrests Yes Yes Sorong
36 Yenite Morib 26 January 2014 Unknown Police investigation pending Dondobaga church arrests Yes Yes Puncak Jaya regional police station
37 Tiragud Enumby 26 January 2014 Unknown Police investigation pending Dondobaga church arrests Yes Yes Puncak Jaya regional police station
38 Deber Enumby 4 January 2014 Emergency Law 12/1951 Police investigation pending Kurilik firearms arrests Yes Yes Papua Police Headquarters
39 Soleman Fonataba 17 December 2013 106, 110)1, 53, 55 Trial beginning on 6 August Sarmi 2013 Morning Star flag arrests No / not yet clear No On bail, cannot leave Sarmi
40 Edison Werimon 13 December 2013 106, 110)1, 53, 55 Trial beginning on 6 August Sarmi 2013 Morning Star flag arrests No / not yet clear No On bail, cannot leave Sarmi
41 Piethein Manggaprouw 19 October 2013 106, 110 2 years Third Papuan Congress demo in Biak No Yes Biak
42 Apolos Sewa* 28 August 2013 106, 110 Under investigation Freedom Flotilla arrests in Sorong No Yes On bail
43 Yohanis Goram Gaman* 28 August 2013 106, 110 Under investigation Freedom Flotilla arrests in Sorong No Yes On bail
44 Amandus Mirino* 28 August 2013 106, 110 Under investigation Freedom Flotilla arrests in Sorong No Yes On bail
45 Samuel Klasjok* 28 August 2013 106, 110 Under investigation Freedom Flotilla arrests in Sorong No Yes On bail
46 Stefanus Banal 19 May 2013 170 )1 1 year and 7 months Pegunungan Bintang police raid 2013 Yes Yes Abepura
47 Oktovianus Warnares 1 May 2013 106, 110, Emergency Law 12/1951 5 years Biak flag-raising, 1 May commemoration Yes Yes Biak
48 Yoseph Arwakon 1 May 2013 106, 110, Emergency Law 12/1951 2 years and 6 months Biak flag-raising, 1 May commemoration Yes Yes Biak
49 Markus Sawias 1 May 2013 106, 110, Emergency Law 12/1951 On trial Biak flag-raising, 1 May commemoration Yes Yes Biak
50 George Syors Simyapen 1 May 2013 106, 110, Emergency Law 12/1951 4.5 years Biak flag-raising, 1 May commemoration Yes Yes Biak
51 Jantje Wamaer 1 May 2013 106, 110, Emergency Law 12/1951 2.5 years Biak flag-raising, 1 May commemoration Yes Yes Biak
52 Hengky Mangamis 30 April 2013 106, 107, 108, 110, 160 and 164 1 year and 6 months Aimas 1 May commemoration No Yes Sorong
53 Yordan Magablo 30 April

2013

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

2013

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

2013

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

2013

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

2013

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

2013

106, 107, 108, 110, 160 and 164 3 years and 6 months Aimas 1 May commemoration No Yes Sorong
59 Isak Demetouw (alias Alex Makabori) 3 March 2013 110; Article 2, Emergency Law 12/1951 2 years 2 months Sarmi treason No Yes Sarmi
60 Niko Sasomar 3 March 2013 110; Article 2, Emergency Law 12/1951 2 years 2 months Sarmi treason No Yes Sarmi
61 Sileman Teno 3 March 2013 110; Article 2, Emergency Law 12/1951 2 years 2 months Sarmi treason No Yes Sarmi
62 Jefri Wandikbo 7 June 2012 340, 56, Law 8/1981 8 years KNPB activist tortured in Jayapura Yes Yes Abepura
63 Timur Wakerkwa 1 May 2012 106 2.5 years 1 May demo and flag-raising No No Abepura
64 Darius Kogoya 1 May 2012 106 3 years 1 May demo and flag-raising No No Abepura
65 Wiki Meaga 20 November 2010 106 8 years Yalengga flag-raising No Yes Wamena
66 Meki Elosak 20 November 2010 106 8 years Yalengga flag-raising No Yes Wamena
67 George Ariks 13 March 2009 106 5 years Unknown Unknown No Manokwari
68 Filep Karma 1 December 2004 106 15 years Abepura flag-raising 2004 No Yes Abepura
69 Yusanur Wenda 30 April 2004 106 17 years Wunin arrests Yes No Wamena
70 Linus Hiel Hiluka 27 May 2003 106 19 years and 10 months Wamena ammunition store raid Yes Yes Nabire
71 Kimanus Wenda 12 April 2003 106 19 years and 10 months Wamena ammunition store raid Yes Yes Nabire
72 Jefrai Murib 12 April 2003 106 Life Wamena ammunition store raid Yes Yes Abepura
73 Numbungga Telenggen 11 April 2003 106 Life Wamena ammunition store raid Yes Yes Biak
74 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.

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

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

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

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November 2014: KNPB remain most targeted Papuan civil society group

In brief

At the end of November 2014, there were at least 65 political prisoners in Papuan jails.

The West Papua National Committee (Komite Nasional Papua Barat, KNPB) remains the most heavily targeted civil society group in Papua. So far this year, there have been 101 arrests of KNPB activists or those suspected of being affiliated to the KNPB. The pattern of mass arrests of KNPB members continued this month with 28 KNPB members arrested for participating in peaceful commemorative activities celebrating the 6th anniversary of the formation of the KNPB in 2008. This July, 36 KNPB arrests were made in relation to a peaceful planned boycott of the Indonesian Presidential elections. There appears to be no end in sight for punitive and indiscriminate actions against the KNPB, including raids, mass arrests, arbitrary detention, ill-treatment and torture. Police attempts to delegitimise the KNPB as an ‘illegal’ organisation under the auspices of Law 17/2013 on Social Organisations (UU 17/2013 tentang Organisasi Kemasyarakatan) restricts peaceful expression and represents a shrinking of democratic space.

The 12 detainees in the Nimbokrang Elections Boycott case were released on bail but may yet be tried and are currently under city arrest. The four detainees in the Freedom Flotilla arrests case in Sorong in August 2013 and the two detainees in the Sarmi treason case in December 2013 likewise remain in legal limbo. In these cases, bail conditions included the possibility of re-arrest if found repeating the same ‘offence,’ such as demonstrating or boycotting an election. These stringent bail conditions together with police surveillance and restrictions on physical movement are aimed at deterring indigenous Papuan activists from exercising their right to peaceful protest. This clearly violates the rights to freedom of assembly and expression. Similarly, the inclusion of activists and leaders in police ‘wanted’ lists (Daftar Pencarian Orang, DPO) is another strategy used by police to criminalise and intimidate indigenous civil society groups.

Linus Hiel Hiluka and Kimanus Wenda, two political prisoners detained in Nabire who are serving sentences of 19 years and 10 months each, were subjected to inhumane treatment by police. The trial for Areki Wanimbo, who has been detained since 6 August, is expected to begin in December. Wanimbo was arrested alongside two French journalists who visited him as part of their investigations into the situation in Lanny Jaya. He faces charges of conspiracy to commit treason which carries a maximum six-year sentence.

Arrests

KNPB members in Nabire, Dogiyai and Kaimana face ill-treatment and arbitrary arrest for commemorating anniversary

28 West Papua National Committee (Komite Nasional Papua Barat, KNPB) members in Nabire, Dogiyai and Kaimana were subject to arrest and ill-treatment by Indonesian police during commemorative activities celebrating the 6th anniversary of the formation of the KNPB. 

Nabire

On 19 November, ten people were arrested in two separate gatherings in Nabire City district. According to testimony of one those arrested and later released, Agus Tebay, the organiser of one of the gatherings was beaten on arrest. All ten men were reported to have been detained in isolation overnight and were not given access to proper sanitation, food or water. On 23 November, it was reported that four of the men had been released. According to a report from Papuan news site Suara Papua, the six men who remain in detention, Sadrak Kudiai, the head of KNPB Nabire, Agus Tebay, Derius Goo, Yafet Keiya, Hans Edoway and Aleks Pigai were charged with incitement and treason under Articles 160, 106 and 55 of the Indonesian Criminal code.

Dogiyai

12 men were arrested in Dogiyai Regency when KNPB members gathered to commemorate the anniversary of the KNPB. They were stopped by Nabire police and Mobile Brigades (Brigade Mobil, Brimob) officers, some of whom were fully armed. When KNPB members attempted to negotiate with the security forces to allow them to conduct a prayer session, police reportedly responded by firing shots into the crowd and beating and arresting those who attempted to flee. Four of the 12 men arrested – David Pigai, Oktovianus Tebay, Markus Mote and Ansalmus Pigay – were reported to have suffered gunshot wounds.

According to an early report by Majalah Selangkah, David Pigai is reported to have been heavily beaten and stabbed in the back of the head with a bayonet blade in detention. It is believed that he is being denied access to medical attention. The detainees were also reportedly denied food and clean water. David Pigai, the head of KNPB Dogiyai, Enesa Anouw, Marsel Saul Edowai and Agus Waine were charged with incitement and treason under Articles 160, 106 and 55 of the Indonesian Criminal code.

Kaimana

According to a report by Jubi, on 24 November, police conducted a search operation in the KNPB secretariat in Kaimana regency and arrested six KNPB members. The arrests follow activities held on 19 November by KNPB Kaimana commemorating the 6th anniversary of the KNPB. Gofur Kurita, Nikolaus Busira, Demianus Waita, Marden Namsau, Kores Namsau and Dewi Kurita were released shortly afterwards.

Releases

Nimbokrang detainees bailed

On 13 and 14 November, the 12 detainees in the Nimbokrang case were released on bail and are currently under city arrest. Lawyers from KontraS Papua (Komisi untuk Orang Hilang dan Korban Tindak Kekerasan) reported that seven of the detainees, Philemon Yare, Loserek Loho, Sahayu Loho, Alpi Pahabol, Gad Mabel, Enos Hisage and Herman Siep, originally from Yalimo, were released and flown back to Yalimo. The remaining five detainees, Nius Alum, Yos Watei, Jhon Pigai and Anton Gobay, were released the following day. Police informed KontraS Papua lawyers that the decision to release the detainees was because some of the detainees were elderly and that a few of them were tribal leaders from Yalimo whose prolonged detention might destabilise the situation in that area. According to lawyers, during police investigations the 12 detainees were not treated as main suspects in the case. Despite this, they spent more than three months in detention, charged with treason and are now set to remain in a legal limbo.

On 10 August 2014, the 12 detainees were arrested alongside eight others under accusations of involvement with the National Papua Army/Free Papua Movement (Tentera Papua Nasional/Operasi Papua Merdeka) TPN/OPM. Their arrests followed repeated police raids in Berab village in Nimbokrang district, reportedly due to information received by security forces about alleged armed pro-independence camps in the village. Lawyers reported that while unlikely, the 12 men are still at risk of facing trial.

Stefanus Banal released

On 18 November, Stefanus Banal was released from Abepura prison. Information received from the Office for Justice, Peace and Integrity of Creation of Franciscans of Papua (Sekretariat Keadilan Perdamaian dan Keutuhan Ciptaan Fransiskan Papua, SKPKC Jayapura) stated that Banal has not yet received an operation needed for his leg as a result of being shot on arrest by police in Oksibil in Pegunungan Bintang regency. The operation required involves removing metal rods that were inserted in his leg to realign his broken shin bone. The medical treatment he initially received in Bhayangkara Police hospital shortly after his arrest in May 2013 was criticised by human rights investigators as being insufficient. Abepura prison authorities had refused to pay for his medical costs, which have so far been covered by civil society groups.

Political trials and cases overview

Sasawa detainees sentenced, appeal to be transferred to Serui prison

On 13 November, the seven detainees in the Sasawa case were sentenced to three-and-a-half years’ imprisonment each after being found guilty of conspiracy to commit treason, rebellion and possession of sharp weapons. The Public Prosecutor in the case had demanded for a four year prison sentence.

According to defence lawyers, the trial could not be considered to be fair as only two witnesses were called to submit their testimonies. More importantly, lawyers argued that the court did not take into account the fact that the witnesses faced intimidation in Sasawa, where all aspects of social life is heavily controlled by the criminal armed group headed by Fernando Worawoai. The 12 detainees were accused of being affiliated with this group.

Lawyers stated that the seven detainees have decided not to appeal their sentences for fear of potentially receiving longer sentences. However the seven detainees have requested a transfer to Serui prison to be closer to their families. The Regional Office for the Ministry of Law and Human Rights (Kantor Wilayah Kementerian Hukum dan HAM, Kanwil Hukum dan HAM), in Jayapura stated that this request may not be fulfilled as the local government lacks the funds for the transfer and that the associated costs may have to be met by the families themselves. Lawyers were told by Jayapura authorities that they would have to appeal to the Regional Office in Manokwari instead as Sorong is part of West Papua province and not Papua province.

Areki Wanimbo trial imminent

Defence lawyers reported that the trial for Areki Wanimbo will be held in Wamena. Wanimbo, who is currently held in Papuan Police Headquarters in Jayapura, is expected to be transferred to detention in Wamena in early December. Wanimbo was arrested alongside two French journalists who were released after 11 weeks in detention. He faces charges of conspiracy to commit treason under Articles 106 and 110 of the Indonesian Criminal Code. These charges carry a maximum six-year sentence.

Kimanus and Linus inhumanely treated in detention

A report from the Democracy Alliance for Papua (Aliansi Demokrasi untuk Papua, AlDP) described the inhumane treatment faced by Linus Hiel Hiluka and Kimanus Wenda in Nabire Regional police station. On 8 November, Hiluka and Wenda were moved from Nabire prison to the holding cell of Nabire Regional police station due to an earlier incident. Both men were given permission to do odd jobs outside Nabire prison where they could earn some money to send to their families. In reaction to being denied permission to leave Nabire prison to send money to his family, Wenda reportedly chased a prison guard with an axe as he was chopping wood in the kitchen. Shortly afterwards, they were moved to a special cell in Nabire Regional police station and refused permission to leave. They were reportedly refused access to a toilet and were only given plastic bottles to use.

Following the incident, the Head of the Correctional Division (Kepala Divisi Pemasyarakatan, Kadiv Pas) of the Regional Office of the Ministry of Law and Human Rights (Kementerian Hukum dan Hak Asasi Manusia, Kemenkumham) stated that the two men may be transferred to Abepura prison in light of security concerns. However, ALDP lawyers brokered an agreement with the authorities to allow both men to remain in Nabire prison so that they could remain close to their families.

Cases of concern

Police block access to lawyers in new ammunition case

Worrying details of police attempts to block access to legal representation have emerged with regard to the arrests of five people in Wamena. According to Jubi, on 26 October, Rambo Wenda was arrested alongside two male and two female counterparts on suspicion of buying of ammunition, among other accusations. Information received from local human rights investigators states that Jayawijaya Regional police fired dozens of shots at the time of arrest, resulting in all five detainees suffering gunshot wounds to the legs.

According to local human rights lawyers, Wamena police attempted to block the detainees’ access to lawyers by stating that the detainees were already receiving legal accompaniment from the Papua Legal Aid Institute (Lembaga Bantuan Hukum, LBH Papua), when in fact they were not. Human rights lawyers stated that this was a way for police to block access to lawyers until the very last stages of investigation before their case was transferred to the Public Prosecutor. The five detainees remain without legal representation. It is not yet clear what charges they face.

News

Filep Karma’s book marks 10 year imprisonment

On 1 December, ‘As if we were half beasts: Indonesian racism in the land of Papua (‘Seakan Kitorang Setengah Binatang: Rasialisme Indonesia di Tanah Papua’) was launched, marking Karma’s 10th year behind bars. The book tells the story of Karma’s childhood in Wamena and Jayapura, the tragedy of Bloody Biak on 6 July 1998 and the racist attitudes of Indonesians towards indigenous Papuans. Karma is currently carrying out a 15-year prison sentence for treason.

Note regarding removal of George Ariks from the list of political prisoners

In this month’s update, we have removed George Ariks from the list of political prisoners. Papuans Behind Bars has not received any new information regarding Ariks for more than a year and it is likely that he has been released as his five-year sentence passed in 2009, should now have been spent. However, we will continue to report on his case should any new information come to light.

November 2014 Papuan political prisoners

  Prisoner Arrested Charges Sentence Case Accused of violence? Concerns reported re legal process? Prison / Place of detention
1 Sadrak Kudiai 19 November 2014 Articles 160, 106 and 55 Awaiting trial KNPB anniversary arrests in Nabire Uncertain Yes Nabire Regional police station
2 Agus Tebay 19 November 2014 Articles 160, 106 and 55 Awaiting trial KNPB anniversary arrests in Nabire Uncertain Yes Nabire Regional police station
3 Derius Goo 19 November 2014 Articles 160, 106 and 55 Awaiting trial KNPB anniversary arrests in Nabire Uncertain Yes Nabire Regional police station
4 Yafet Keiya 19 November 2014 Articles 160, 106 and 55 Awaiting trial KNPB anniversary arrests in Nabire Uncertain Yes Nabire Regional police station
5 Hans Edoway 19 November 2014 Articles 160, 106 and 55 Awaiting trial KNPB anniversary arrests in Nabire Uncertain Yes Nabire Regional police station
6 Aleks Pigai 19 November 2014 Articles 160, 106 and 55 Awaiting trial KNPB anniversary arrests in Nabire Uncertain Yes Nabire Regional police station
7 David Pigai 19 November 2014 Articles 160, 106 and 55 Awaiting trial KNPB anniversary arrests in Dogiyai Uncertain Yes Nabire Regional police station
8 Aneas Anou 19 November 2014 Articles 160, 106 and 55 Awaiting trial KNPB anniversary arrests in Dogiyai Uncertain Yes Nabire Regional police station
9 Marsel Edowai 19 November 2014 Articles 160, 106 and 55 Awaiting trial KNPB anniversary arrests in Dogiyai Uncertain Yes Nabire Regional police station
10 Agus Waine 19 November 2014 Articles 160, 106 and 55 Awaiting trial KNPB anniversary arrests in Dogiyai Uncertain Yes Nabire Regional police station
11 Areki Wanimbo 6 August 2014 Articles 106 and 110 Awaiting trial French journalists arrests in Wamena Uncertain Uncertain Papuan Police Headquarters
12 Pastor Ruten Wakerkwa 1 August 2014 Unknown Police investigation pending Lanny Jaya 2014 military raid arrests Uncertain Uncertain Lanny Jaya Regional police station
13 Sudi Wetipo 14 July 2014 Unknown Police investigation pending Boycott Pilpres 2014 in Wamena Uncertain Uncertain Jayawijaya Regional police station
14 Elius Elosak 14 July 2014 Unknown Police investigation pending Boycott Pilpres 2014 in Wamena Uncertain Uncertain Jayawijaya Regional police station
15 Domi Wetipo 14 July 2014 Unknown Police investigation pending Boycott Pilpres 2014 in Wamena Uncertain Uncertain Jayawijaya Regional police station
16 Agus Doga 14 July 2014 Unknown Police investigation pending Boycott Pilpres 2014 in Wamena Uncertain Uncertain Jayawijaya Regional police station
17 Yosep Siep 9 July 2014 Articles 187, 164 Awaiting trial Boycott Pilpres 2014 in Wamena Yes Uncertain Jayawijaya Regional police station
18 Ibrahim Marian 9 July 2014 Articles 187, 164 Awaiting trial Boycott Pilpres 2014 in Wamena Yes Uncertain Jayawijaya Regional police station
19 Marsel Marian 9 July 2014 Articles 187, 164 Awaiting trial Boycott Pilpres 2014 in Wamena Yes Uncertain Jayawijaya Regional police station
20 Yance Walilo 9 July 2014 Articles 187, 164 Awaiting trial Boycott Pilpres 2014 in Wamena Yes Uncertain Jayawijaya Regional police station
21 Yosasam Serabut 9 July 2014 Articles 187, 164 Awaiting trial Boycott Pilpres 2014 in Wamena Yes Uncertain Jayawijaya Regional police station
22 Alapia Yalak 4 June 2014 Unknown Police investigation pending Yahukimo arrests Yes Yes Papua Police Headquarters
23 Ferdinandus Blagaize 24 May 2014 Unknown Police investigation pending Merauke KNPB arrests No Uncertain Okaba District police station
24 Selestinus Blagaize 24 May 2014 Unknown Police investigation pending Merauke KNPB arrests No Uncertain Okaba District police station
25 Lendeng Omu 21 May 2014 Unknown Police investigation pending Yahukimo arrests Uncertain Yes Yahukimo Regional police station
26 Jemi Yermias Kapanai 1 February 2014 Articles 106, 108, 110 and Emergency Law 12/1951 3.5 years Sasawa military raid arrests Yes Yes Sorong
27 Septinus Wonawoai 1 February 2014 Articles 106, 108, 110 and Emergency Law 12/1951 3.5 years Sasawa military raid arrests Yes Yes Sorong
28 Rudi Otis Barangkea 1 February 2014 Articles 106, 108, 110 and Emergency Law 12/1951 3.5 years Sasawa military raid arrests Yes Yes Sorong
29 Kornelius Woniana 1 February 2014 Articles 106, 108, 110 and Emergency Law 12/1951 3.5 years Sasawa military raid arrests Yes Yes Sorong
30 Peneas Reri 1 February 2014 Articles 106, 108, 110 and Emergency Law 12/1951 3.5 years Sasawa military raid arrests Yes Yes Sorong
31 Salmon Windesi 1 February 2014 Articles 106, 108, 110 and Emergency Law 12/1951 3.5 years Sasawa military raid arrests Yes Yes Sorong
32 Obeth Kayoi 1 February 2014 Articles 106, 108, 110 and Emergency Law 12/1951 3.5 years Sasawa military raid arrests Yes Yes Sorong
33 Yenite Morib 26 January 2014 Unknown Police investigation pending Dondobaga church arrests Yes Yes Puncak Jaya regional police station
34 Tiragud Enumby 26 January 2014 Unknown Police investigation pending Dondobaga church arrests Yes Yes Puncak Jaya regional police station
35 Deber Enumby 4 January 2014 Emergency Law 12/1951 Police investigation pending Kurilik firearms arrests Yes Yes Papua Police Headquarters
36 Soleman Fonataba 17 December 2013 106, 110)1, 53, 55 Trial beginning on 6 August Sarmi 2013 Morning Star flag arrests No / not yet clear No On bail, cannot leave Sarmi
37 Edison Werimon 13 December 2013 106, 110)1, 53, 55 Trial beginning on 6 August Sarmi 2013 Morning Star flag arrests No / not yet clear No On bail, cannot leave Sarmi
38 Piethein Manggaprouw 19 October 2013 106, 110 2 years Third Papuan Congress demo in Biak No Yes Biak
39 Oktovianus Warnares 1 May 2013 106, 110, Emergency Law 12/1951 7 years Biak flag-raising, 1 May commemoration Yes Yes Biak
40 Yoseph Arwakon 1 May 2013 106, 110, Emergency Law 12/1951 2 years and 6 months Biak flag-raising, 1 May commemoration Yes Yes Biak
41 Markus Sawias 1 May 2013 106, 110, Emergency Law 12/1951 2 years Biak flag-raising, 1 May commemoration Yes Yes Biak
42 George Syors Simyapen 1 May 2013 106, 110, Emergency Law 12/1951 4.5 years Biak flag-raising, 1 May commemoration Yes Yes Biak
43 Jantje Wamaer 1 May 2013 106, 110, Emergency Law 12/1951 2 years and 6 months Biak flag-raising, 1 May commemoration Yes Yes Biak
44 Hengky Mangamis 30 April 2013 106, 107, 108, 110, 160 and 164 1 year and 6 months Aimas 1 May commemoration No Yes Sorong
45 Yordan Magablo 30 April

2013

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

2013

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

2013

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

2013

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

2013

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

2013

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

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

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

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

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