Papuans Behind Bars: January 2014

In brief

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

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

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

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

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

Arrests

Seven arrested at Jayapura MSG protest, then swiftly released

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

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

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

Sarmi Morning Star flag arrests

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

Three arrested following Puncak Jaya weapons theft and shootings

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

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

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

Releases

There were no reported releases in January 2014.

Political trials and cases overview

Timika 1 May commemoration trial

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

Biak 1 May trial: prosecutor demands lengthy prison sentences

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

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

Pithein Manggaprouw trial imminent

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

Yason Ngelia trial begins

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

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

12 arrested in FWPC PNG office support demo were tortured

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

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

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

Yogor Telenggen moved to Wamena prison

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

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

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

News

Papuans demand that MSG delegation meet with political prisoners

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

Jayapura MSG protest arrests widely condemned

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

Amendment of repressive law undermines charges against Papuan activists

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

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

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

January 2014 Papuan political prisoners

 

  Prisoner Arrested Charges Sentence Case Accused of violence? Concerns reported re legal process? Prison / Place of detention
1 Yenite Morib 26 January 2014 Emergency Law 12/1951 Police investigation pending Dondobaga church arrests Yes Yes Puncak Jaya police detention
2 Tiragud Enumby 26 January 2014 Unknown Police investigation pending Dondobaga church arrests Yes Yes Puncak Jaya police detention
3 Edison Werimon 13 December 2013 106, 110)1, 53, 55 Police investigation pending Sarmi 2013 Morning Star flag arrests No / not yet clear No Sarmi police detention
4 Soleman Fonataba 17 December 2013 106, 110)1, 53, 55 Police investigation pending Sarmi 2013 Morning Star flag arrests No / not yet clear No Sarmi police detention
5 Pendius Tabuni 26 November 2013 170)1,170)2 (3), 351)1 Police investigation pending Demonstration in support of FWPC PNG office arrests Yes Yes Abepura
6 Muli Hisage 26 November 2013 170)1,170)2 (3), 351)1 Police investigation pending Demonstration in support of FWPC PNG office arrests Yes Yes Abepura
7 Karmil Murib 26 November 2013 170)1,170)2 (3), 351)1 Police investigation pending Demonstration in support of FWPC PNG office arrests Yes Yes Abepura
8 Tomius Mul 26 November 2013 170)1,170)2 (3), 351)1 Police investigation pending Demonstration in support of FWPC PNG office arrests Yes Yes Abepura
9 Nikson Mul 26 November 2013 170)1 Police investigation pending Demonstration in support of FWPC PNG office arrests Yes Yes Abepura
10 Nius Lepi 26 November 2013 170)1,170)2 (3), 351)1 Police investigation pending Demonstration in support of FWPC PNG office arrests Yes Yes Abepura
11 Tinus Meage 26 November 2013 170)1,170)2 (3), 351)1 Police investigation pending Demonstration in support of FWPC PNG office arrests Yes Yes Abepura
12 Mathius Habel 26 November 2013 170)1,170)2 (3) Police investigation pending Demonstration in support of FWPC PNG office arrests Yes Yes Abepura
13 Agus Togoti 26 November 2013 170)1,170)2 (3) Police investigation pending Demonstration in support of FWPC PNG office arrests Yes Yes Abepura
14 Natan Kogoya 26 November 2013 170)1,170)2 (3), 351)1 Police investigation pending Demonstration in support of FWPC PNG office arrests Yes Yes Abepura
15 Nikolai Waisal 26 November 2013 170)1,170)2 (3), 351)1 Police investigation pending Demonstration in support of FWPC PNG office arrests Yes Yes Abepura
16 Penius Tabuni 26 November 2013 170)1,170)2 (3), 351)1 Police investigation pending Demonstration in support of FWPC PNG office arrests Yes Yes Abepura
17 Yason Ngelia 7 November 2013 351 Police investigation pending Demonstration against Otsus Plus arrests Yes Yes Jayapura Regional police station
18 Piethein Manggaprouw 19 October 2013 106, 110 On trial Third Papuan Congress demo in Biak No Yes Biak Regional police station
19 Apolos Sewa* 28 August 2013 106, 110 Under investigation Freedom Flotilla arrests in Sorong No Yes On bail
20 Yohanis Goram Gaman* 28 August 2013 106, 110 Under investigation Freedom Flotilla arrests in Sorong No Yes On bail
21 Amandus Mirino* 28 August 2013 106, 110 Under investigation Freedom Flotilla arrests in Sorong No Yes On bail
22 Samuel Klasjok* 28 August 2013 106, 110 Under investigation Freedom Flotilla arrests in Sorong No Yes On bail
23 Victor Yeimo 13 May 2013 160 3 years  (handed down in 2009) 2009 demo; 13 May Jayapura demo No Yes Abepura
24 Astro Kaaba 3 May 2013 Treason Unknown Yapen police death Yes Trial pending Serui police station
25 Hans Arrongear Unknown Treason Unknown Yapen police death Yes Trial pending Serui police station
26 Oktovianus Warnares 1 May 2013 106, 110, Emergency Law 12/1951 Trial ongoing Biak flag-raising, 1 May commemoration Yes Yes Biak
27 Yoseph Arwakon 1 May 2013 106, 110, Emergency Law 12/1951 Trial ongoing Biak flag-raising, 1 May commemoration Yes Yes Biak
28 Yohanes Boseren 1 May 2013 106, 110, Emergency Law 12/1951 Trial ongoing Biak flag-raising, 1 May commemoration Yes Yes Biak
29 Markus Sawias 1 May 2013 106, 110, Emergency Law 12/1951 Trial ongoing Biak flag-raising, 1 May commemoration Yes Yes Biak
30 George Syors Simyapen 1 May 2013 106, 110, Emergency Law 12/1951 Trial ongoing Biak flag-raising, 1 May commemoration Yes Yes Biak
31 Jantje Wamaer 1 May 2013 106, 110, Emergency Law 12/1951 Trial ongoing Biak flag-raising, 1 May commemoration Yes Yes Biak
32 Domi Mom 1 May 2013 106, 110 Trial ongoing Timika flag-raising, 1 May commemoration No Yes Timika
33 Alfisu Wamang 1 May 2013 106, 110 Trial ongoing Timika flag-raising, 1 May commemoration No Yes Timika
34 Musa Elas 1 May 2013 106, 110 Trial ongoing Timika flag-raising, 1 May commemoration No Yes Timika
35 Eminus Waker 1 May 2013 106, 110 Trial ongoing Timika flag-raising, 1 May commemoration No Yes Timika
36 Yacob Onawame 1 May 2013 106, 110 Trial ongoing Timika flag-raising, 1 May commemoration No Yes Timika
37 Hengky Mangamis 30 April 2013 106, 107, 108, 110, 160 and 164 1 year and 6 months Aimas 1 May commemoration No Yes Sorong
38 Yordan Magablo 30 April

2013

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

2013

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

2013

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

2013

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

2013

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

2013

106, 107, 108, 110, 160 and 164 3 years and 6 months Aimas 1 May commemoration No Yes Sorong
44 Yahya Bonay 27 April 2013 Unknown Unknown Yapen police

death

Yes Trial pending Serui police custody
45 Yogor Telenggen 10 March 2013 340, 338, 170, 251, Emergency Law 12/1951 Awaiting trial Pirime shootings 2012 Yes Yes Wamena
46 Isak Demetouw (alias Alex Makabori) 3 March 2013 110; Article 2, Emergency Law 12/1951 2 years 2 months Sarmi treason No Yes Sarmi
47 Daniel Norotouw 3 March 2013 110; Article 2, Emergency Law 12/1951 1 year Sarmi treason No Yes Sarmi
48 Niko Sasomar 3 March 2013 110; Article 2, Emergency Law 12/1951 2 years 2 months Sarmi treason No Yes Sarmi
49 Sileman Teno 3 March 2013 110; Article 2, Emergency Law 12/1951 2 years 2 months Sarmi treason No Yes Sarmi
50 Bastian Mansoben 21 October 2012 Emergency Law 12/1951 3 years 6 months Biak explosives case Possession of explosives Yes Biak
51 Andinus Karoba 10 October 2012 365(2), Law 8/1981 1 year 10 months Jayapura Demmak activist Yes Yes Abepura
52 Yan Piet Maniamboi** 9 August 2012 106 18 months (verdict being appealed) Indigenous people’s day celebrations, Yapen No Yes On bail
53 Edison Kendi** 9 August 2012 106 2 years (verdict being appealed) Indigenous people’s day celebrations, Yapen No Yes On bail
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 2.5 years 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 Selpius Bobii 20 October 2011 106 3 years Third Papua Congress No Yes Abepura
58 Forkorus Yaboisembut 19 October 2011 106 3 years Third Papua Congress No Yes Abepura
59 Edison Waromi 19 October 2011 106 3 years Third Papua Congress No Yes Abepura
60 Dominikus Surabut 19 October 2011 106 3 years Third Papua Congress No Yes Abepura
61 August Kraar 19 October 2011 106 3 years Third Papua Congress No Yes Abepura
62 Wiki Meaga 20 November 2010 106 8 years Yalengga flag-raising No Yes Wamena
63 Oskar Hilago 20 November 2010 106 8 years Yalengga flag-raising No Yes Wamena
64 Meki Elosak 20 November 2010 106 8 years Yalengga flag-raising No Yes Wamena
65 Obed Kosay 20 November 2010 106 8 years Yalengga flag-raising No Yes Wamena
66 George Ariks 13 March 2009 106 5 years Unknown Unknown No Manokwari
67 Ferdinand Pakage 16 March 2006 214 15 years Abepura case 2006 Yes Yes Abepura
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 20 years Wamena ammunition store raid Yes Yes Nabire
71 Kimanus Wenda 12 April 2003 106 20 years 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.

**Even though Edison Kendi and Yan Piet Maniamboi have now been released from detention, they are still facing a prison sentence of 2 years’ and 18 months’ imprisonment respectively. The verdict is currently being appealed. As reported in our September update, Kendi was again detained and questioned in relation to peaceful demonstrations before being released.

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

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

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

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Papuans Behind Bars: October 2013

In brief

At the end of October 2013, there were at least 54 political prisoners in Papuan jails. The number of political arrests have increased significantly since August 2013 and this continued in October, with scores detained at peaceful demonstrations across Papua. Although the majority of detainees are released, there are reports of police intimidation – in Biak detainees were forced to sign statements of compliance. On 16 October, three activists were detained for several hours following a prayer session held in Kaimana to celebrate the anniversary of the formation of the International Parliamentarians for West Papua (IPWP).  On 19 October, the leader of a demonstration commemorating the second anniversary of the Third Papuan Congress, Piethein Manggaprouw, was arrested and charged with treason and incitement.

There are reported concerns regarding the health of detainees in the Biak, Timika and Aimas 1 May commemoration cases. The six detainees in the Biak 1 May case now face charges of treason, incitement and possession of explosions and firearms. In the Aimas 1 May case, the seven detainees are being made to testify against each other. The Prosecutor in the Sarmi treason case has demanded a four-year prison sentence for three of the detainees. Calls have been made for accountability and transparency in police investigations of the death of Alpius Mote, who was killed by police Mobile Brigade (Brimob) officers in a sweeping operation on 23 September.

Arrests

51 arrested in peaceful demonstrations commemorating anniversary of the Third Papuan Congress

Dozens of activists were arrested in peaceful demonstrations held across Papua commemorating the second anniversary of the Third Papuan Congress on 19 October 2013. According to a report by a local human rights investigator, security forces attempted to disperse demonstrations in Jayapura, Yapen and Sorong. According to the same report, 22 activists were arrested in Fak-Fak and detained for several hours before being released. Three of those detained were the organisers of the demonstration – Daniel Hegemur, Imbron Kutanggas and Yanto Hindom.

In Biak, a joint military and police task force arrested 29 demonstrators, including 6 women, and detained them for several hours in Biak Regional police station. Local activists reported that those arrested were forced to sign a statement declaring that they would not carry out any political activities.   The leader of the demonstration, Piethein Manggaprouw however remains in police custody in Biak Regional police station and has been charged with Articles 106 and 110 of the Indonesian Criminal Code for treason and incitement.

Five prominent Papuan activists remain behind bars for their peaceful involvement in the Third Papuan Congress on 19 October 2011. Forkorus Yaboisembut, Edison Waromi, Dominikus Surabut, August Kraar and Selpius Bobii are serving three-year prison sentences for treason. 

Three activists arrested in Kaimana raid following prayer session commemorating IPWP

On 16 September, civil society groups engaged in political actions in different cities across Papua to celebrate the anniversary of the formation of the International Parliamentarians for West Papua (IPWP), a cross-party group of politicians from around the world who support self-determination for the people of West Papua. In Kaimana, a prayer session was conducted at the Secretariat offices of the Kaimana Community Council (Parlemen Rakyat Daerah Kaimana, PRD Kaimana) from 9:00 to 13:00. According to reports by local activists, three men were arrested later that night around 21:30 under instructions from the Head of the Kaimana Regional police. The three activists from the KNPB (Komite Nasional Papua Barat, West Papua National Committee) arrested were Barias Bary, Luter Soba and Isay Irini. They were reportedly released the next morning.

Activists reported that a joint military and police task force raided the PRD Kaimana Secretariat offices to make the arrests, damaging the Secretariat gates. The security forces had also ransacked the residence of the Head of PRD Kaimana during the search to arrest the three men. They allegedly also confiscated a kitchen knife and machete, a bamboo spear used for fishing (tombak ikan) and a PRD Kaimana guestbook. KNPB activists reportedly stated in Papuan news site Tabloid Jubi that shots were also fired outside the residence of the Head of PRD Kaimana. According to local activists, Kaimana police stated that they were searching for a suspect in a murder case.

Releases

There were no reported releases in October 2013.

Political trials and cases overview

Six Biak 1 May detainees face charges of treason and possession of explosions and ammunition

The trial of six men in the Biak 1 May case began on 28 October with the indictment hearing. Oktovianus Warnares, Yoseph Arwakon, Yohanes Boseren, Markus Sawias, George Syors Simyapen and Jantje Wamaer face charges under Articles 106 and 110 of the Indonesian Criminal Code for treason and incitement and Emergency Law 12/1951 for possession of explosions and ammunition.

The prosecutor’s statement accused the six men of belonging to the armed TPN/OPM (Tentera Papua Nasional, Papuan National Army / Organisasi Papua Merdeka, Free Papua Organisation) group and stated that they had allegedly forced members of the community in Biak at gunpoint to participate in the flag-raising ceremony on 1 May 2013. Markus Sawias was accused of threatening Yonadap Rumbewas, an army officer with the Biak Regional Military Command Intelligence (Intel Korem Biak) with an airsoft gun. The Letter stated that Rumbewas fired warning shots in the air and reportedly asked for a dialogue with the men, but Jantje Wamaer had allegedly moved to attack him. Rumbewas reportedly reacted by shooting Wamaer in the leg. Oktovianus Warnares is also accused of being in possession of home-made bombs, an airsoft gun and a machete.

As reported in previous updates, human rights sources in Papua stated that the flag-raising ceremony was a peaceful political activity in commemoration of 1 May, a date marking the administrative transfer of Papua to Indonesia. Local investigators report that police opened fire into a crowd of 50 people, which led to the injury sustained by Wamaer. Local activists have also previously claimed that the items allegedly found on the six men had been fabricated by Biak Numfor police during the course of the two-month investigation period.

As reported in our September update, Yohanes Boseren who was severely beaten on arrest, receiving multiple blows to the head, is currently showing signs of mental illness. Human rights lawyers representing the six men have submitted a request to the Prosecution and prison authorities to release Boseren on humanitarian grounds and to obtain medical treatment, however as yet there has been no response.

Local human rights lawyers have also reported that the defence team for the six men has faced intimidation and harassment from officers of the Biak Regional Military Command Intelligence. They were reportedly pushed to provide the full names of all members of the defence team, which they refused to do. An assistant of one of the lawyers, Imanuel Rumayom, was reportedly followed by intelligence officers. There are also reports of a heavy army and police presence at the hearings.

Deteriorating health and unfair trial procedures in Aimas 1 May case

The trial of Hengky Mangamis, Yordan Magablo, Obaja Kamesrar, Antonius Saruf, Obeth Kamesrar, Klemens Kodimko and Isak Klaibin in the Aimas 1 May case continued in October with further witness hearings. Information received from human rights lawyers stated that the defendents were made to testify against each other. Lawyers expressed disappointment with judges when they moved to accuse Isak Klaibin when he was called to the stand as a witness on behalf of Obaja Kamesrar. During the witness examination, it was reportedly made clear that aside from Klaibin and Kamesrar who have family connections, the other detainees did not know each other before the commemorative ceremony on 30 April.

Human rights lawyers reported that at a hearing on 30 September, Antonius Saruf fainted after testifying, reportedly due to an existing heart condition which has been exacerbated by stress. The same thing happened in detention undergoing police investigations in May.  Klemens Kodimko is also reportedly suffering from acute gastric ulcers, but carried on with hearings on 11 October despite his condition. Lawyers have reported that Kodimko had fainted and hurt his head in Sorong prison, where the seven men are currently detained, due to the acute pain he is suffering from. Defence lawyers have asked judges to allow Kodimko access to medical healthcare. In response the judges have informed defence lawyers that they are allowed to visit him in prison with medicine but with the coordination of prison authorities. As reported in the September update, another Aimas 1 May detainee, Obeth Kamesrar, an elderly detainee of 68 years, has reportedly been silent since his arrest and appears to be suffering from trauma.

Defence lawyers have stated that they do not consider the witness testimony of officials from the Department for National Unity and Politics (Kesatuan Bangsa dan Politik, Kesbangpol) and the Sorong District Head to be factual. They also stated that testimony previously given by two police witnesses did not sufficiently explain in detail the alleged role of the detainees in the incident on 30 April.                                                    

Timika 1 May detainees charged with treason denied medical treatment

Information received from local human rights lawyers indicates that the five men detained in the Timika 1 May case have been charged with Articles 106 and 110 of the Indonesian Criminal Code for treason and incitement. Domi Mom, Alfisu Wamang, Musa Elas, Eminus Waker and Yacob Onawame have been detention since 1 May 2013. Although the trial has already begun, hearings for witness examination were postponed three times, reportedly due to witnesses not being able to attend. The five men were tortured in detention and three of them – Musa Elas, Yacob Onawame and Alfisu Wamang – have been suffering from deteriorating health. Requests from their families to Mimika Regional police officers to provide them with adequate medical treatment at a hospital have been ignored.

Four community leaders in Sorong charged with treason receiving legal support from ALDP

As reported in our August update, four community leaders – Apolos Sewa, Yohanis Goram Gaman, Amandus Mirino and Samuel Klasjok – were arrested after a prayer session and statement to the press in solidarity with the Freedom Flotilla and charged with treason and incitement. A coalition of human rights lawyers is providing legal support to the four activists who are currently undergoing police investigations in Sorong. It is not yet known when they will face trial for the charges against them.

Parole application for Wamena ammunition store raid prisoners rejected

The Democracy Alliance for Papua (Aliansi Demokrasi untuk Papua, ALDP) has reported that a parole application submitted by one of its lawyers on behalf the five detainees in the Wamena ammunition store raid case has been rejected. The authorities at the Directory General of Correctional Facilities (Direktor Jenderal Permasyarakatan, Dirjen Pas)stated that the parole application was not  received despite the lawyer’s insistence that it was submitted last year. When asked for clarification,  the authorities at Dirjen Pas explained that a complete application was necessary for  the matter to be considered. This meant that two documents had to be submitted – a Letter of Assurance and a Statement of Loyalty to the Republic of Indonesia –  as the five detainees were charged with treason. This is a requirement under government regulations for crimes against the state. The detainees  rejected signing a Statement of Loyalty, which therefore disqualified their application for parole. Applications for parole go through different stages of consideration, starting from prison authorites to the Regional Office for Law and Human Rights in Papua and finally to Dirjen Pas.

The five men – Apotnalogolik Lokobal, Kimanus Wenda, Linus Hiel Hiluka, Jefrai Murib and Numbungga Telenggen – were charged with treason under Article 106 of the Indonesian Criminal Code. They were arrested in April/May 2003, as part of sweeping operations by the military in which nine people were killed and 38 tortured and 11 arrested. Three of those arrested have died while serving their sentences. The five remaining detainees are serving either 20-year or life sentences.

Two detainees in Wamena ammunition store raid case seek commutation of life sentences

A report received from ALDP has stated that a request for Jefrai Murib’s life sentence be commuted to a fixed term sentence, has been submitted to the Ministry of Law and Human Rights. They are seeking to reduce Murib’s sentence to 20 years’ imprisonment. Due to an administrative error, a similar request for commutation of sentence for Numbungga Telenggen has been rejected by the Ministry of Law and Human Rights. Biak prison authorities are required to send complete documents to the Department of Law and Human Rights in Jayapura before the process of consideration can proceed. The two men were arrested in April 2003 as part of sweeping operations by the military in which nine people were killed and 38 tortured.

Public Prosecutor presents indictment in Sarmi treason trial

Human rights lawyers have reported that after four postponements of hearings for the Sarmi treason trial, the trial resumed on 9 October with the Prosecutor demanding a sentence of four years’ imprisonment for Alex Makabori (aka Isak Demetouw), Niko Sasomar and Sileman Teno, and one years’ imprisonment for Daniel Norotouw. On 23 October 2013, defence lawyers challenged the Prosecutors’ indictment. As reported in our May update, according to an interview with the four men by a local activist, they were arrested on 3 March 2013 following a socialisation event they conducted for residents in Sarmi, aimed at raising awareness regarding the forthcoming 1 May commemorative events. The four men allege that security forces planted evidence in order to charge them. They remain in detention in Abepura prison while awaiting their verdicts.

Cases of concern

Calls for accountability and transparency in police investigations of shooting in Waghete

As reported in the September update, on 23 September four civilians were arrested in Waghete in a sweeping operation when two police Mobile Brigades (Brimob) officers fatally shot civilian Alpius Mote. Information from local human rights activists has revealed that the four men have since been released. An article on the website of Papuan human rights group Elsham Papua reported that one of the four men, Yance Pekey, had been badly beaten by police officers while detained at Paniai Regional police station.

The families of the victims and civil society groups, including the Alliance of Papuan University Students (AMP, Aliansi Mahasiswa Papua) have called for Paniai police authorities to be held accountable following the incident.  The Papuan Legislative Council (DPRD, Dewan Perwakilan Rakyat Papua) released a statement urging police transparency in investigations into the incident and for the two perpetrators to be held to account. The Head of Paniai Regional Police, Semmy Ronny TH Abba has stated that he was ready to accept responsibility and be removed from his position if investigations conducted by PROPAM (Provos Pengamanan), the police internal complaints and investigations mechanism, proved police misconduct.

News

West Papua Solidarity Group Brisbane act in solidarity with Papuan political prisoners

In September 2013, the West Papua Solidarity Group Brisbane participated in several language and culture festivals around Australia, setting up information stalls campaigning and raising awareness for West Papua using leaflets, a petition and a photo exhibition. The activist group raised awareness regarding the issue of political prisoners, providing postcards that could be personalised and sent to detainees across Papua.

“An Evening With(out)  Filep Karma,” Amnesty ?

On 18 October 2013, an event was held at the Reading International Solidarity Centre campaigning for the release of Filep Karma, currently serving 15 years’ imprisonment for his participation in a peaceful flag-raising ceremony in 2004. Established human rights campaigner Peter Tatchell, International Lawyers for West Papua (ILWP) Co-Founder Melinda Janki, and former political prisoner and leader of the Free West Papua Campaign Benny Wenda spoke at the event, highlighting issues faced by Papuan political prisoners.

October 2013 Papuan political prisoners

  Prisoner Arrested Charges Sentence Case Accused of violence? Concerns reported re legal process? Prison
1 Piethein Manggaprouw 19 October 2013 106, 110 Unknown Third Papuan Congress demo in Biak No Trial pending Biak Regional police station
2 Victor Yeimo 13 May 2013 160 3 years  (handed down in 2009) 2009 demo; 13 May Jayapura demo No Yes Abepura
3 Astro Kaaba 3 May 2013 Treason Unknown Yapen police death Yes Trial pending Serui police station
4 Hans Arrongear Unknown Treason Unknown Yapen police death Yes Trial pending Serui police station
5 Oktovianus Warnares 1 May 2013 106, 110, Emergency Law 12/1951 Trial ongoing Biak flag-raising, 1 May commemoration Yes Yes Biak
6 Yoseph Arwakon 1 May 2013 106, 110, Emergency Law 12/1951 Trial ongoing Biak flag-raising, 1 May commemoration Yes Yes Biak
7 Yohanes Boseren 1 May 2013 106, 110, Emergency Law 12/1951 Trial ongoing Biak flag-raising, 1 May commemoration Yes Yes Biak
8 Markus Sawias 1 May 2013 106, 110, Emergency Law 12/1951 Trial ongoing Biak flag-raising, 1 May commemoration Yes Yes Biak
9 George Syors Simyapen 1 May 2013 106, 110, Emergency Law 12/1951 Trial ongoing Biak flag-raising, 1 May commemoration Yes Yes Biak
10 Jantje Wamaer 1 May 2013 106, 110, Emergency Law 12/1951 Trial ongoing Biak flag-raising, 1 May commemoration Yes Yes Biak
11 Domi Mom 1 May 2013 106, 110 Trial ongoing Timika flag-raising, 1 May commemoration No Trial pending Timika
12 Alfisu Wamang 1 May 2013 106, 110 Trial ongoing Timika flag-raising, 1 May commemoration No Trial pending Timika
13 Musa Elas 1 May 2013 106, 110 Trial ongoing Timika flag-raising, 1 May commemoration No Trial pending Timika
14 Eminus Waker 1 May 2013 106, 110 Trial ongoing Timika flag-raising, 1 May commemoration No Trial pending Timika
15 Yacob Onawame 1 May 2013 106, 110 Trial ongoing Timika flag-raising, 1 May commemoration No Trial pending Timika
16 Hengky Mangamis 30 April 2013 106, 107, 108, 110, 160 and 164 Trial ongoing Aimas 1 May commemoration No Yes Sorong
17 Yordan Magablo 30 April

2013

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

2013

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

2013

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

2013

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

2013

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

2013

106, 107, 108, 110, 160 and 164 Trial ongoing Aimas 1 May commemoration No Yes Sorong
23 Yahya Bonay 27 April 2013 Unknown Unknown Yapen police

death

Yes Trial pending Serui police custody
24 Atis Rambo Wenda 4 April 2013 170 10 months Activist tortured in Waena, accused of violent crime Yes Yes Abepura
25 Yogor Telenggen 10 March 2013 340, 338, 170, 251, Emergency Law 12/1951 Awaiting trial Pirime shootings 2012 Yes Yes Papua Provincial police station
26 Isak Demetouw (alias Alex Makabori) 3 March 2013 110; Article 2, Emergency Law 12/1951 Trial ongoing Sarmi treason No Yes Sarmi
27 Daniel Norotouw 3 March 2013 110; Article 2, Emergency Law 12/1951 Trial ongoing Sarmi treason No Yes Sarmi
28 Niko Sasomar 3 March 2013 110; Article 2, Emergency Law 12/1951 Trial ongoing Sarmi treason No Yes Sarmi
29 Sileman Teno 3 March 2013 110; Article 2, Emergency Law 12/1951 Trial ongoing Sarmi treason No Yes Sarmi
30 Andinus Karoba 10 October 2012 365(2), Law 8/1981 1 year 10 months Jayapura Demmak activist Yes Yes Abepura
31 Yan Piet Maniamboi* 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 KNPB activist tortured in Jayapura 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 Selpius 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 George Ariks 13 March 2009 106 5 years Unknown Unknown No Manokwari
48 Filep Karma 1 December 2004 106 15 years Abepura flag-raising 2004 No Yes Abepura
49 Ferdinand Pakage 16 March 2006 214 15 years Abepura case 2006 Yes Yes Abepura
50 Jefrai Murib 12 April 2003 106 Life Wamena ammunition store raid Yes Yes Abepura
51 Linus Hiel Hiluka 27 May 2003 106 20 years Wamena ammunition store raid Yes Yes Nabire
52 Kimanus Wenda 12 April 2003 106 20 years Wamena ammunition store raid Yes Yes Nabire
53 Numbungga Telenggen 11 April 2003 106 Life Wamena ammunition store raid Yes Yes Biak
54 Apotnalogolik Lokobal 10 April 2003 106 20 years Wamena ammunition store raid Yes Yes Biak

*Even though Edison Kendi and Yan Piet Maniamboi have now been released from detention, they are still currently facing a prison sentence of 2 years’ and 18 months’ respectively. The verdict is currently being appealed. As reported in our September update, Kendi was again detained and questioned in relation to peaceful demonstrations before being released.

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

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

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

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Papuans Behind Bars: December 2013

In brief

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

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

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

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

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

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

Arrests

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

Releases

Atis Rambo Wenda released

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

Political trials and cases overview

Three arrested during Port Moresby rally granted bail

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

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

Seven in Aimas 1 May case sentenced to prison

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

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

Trial of student leader to start in January

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

Demonstrators caught in clashes on 26 November to receive legal aid

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

News

Verdict delivered for Biak Massacre citizens’ tribunal in Sydney

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

Campaigning through art

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

‘Pedalling for Papua’ activist meets political prisoners in Abepura

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

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

December 2013 Papuan political prisoners

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

20

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

21

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

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

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

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

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

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

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

28

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

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

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

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

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

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

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

35

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

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

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

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

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

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

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

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

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

44

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

61 Obed Kosay 20 November 2010 106 8 years Yalengga flag-raising No Yes Wamena

62 George Ariks 13 March 2009 106 5 years Unknown Unknown No Manokwari

63
Ferdinand Pakage 16 March 2006 214 15 years Abepura case 2006 Yes Yes Abepura

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

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

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

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

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

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

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

* Apolos Sewa, Yohanis Goram Gaman, Amandus Mirino and Samuel Klasjok are currently facing charges of conspiracy to commit treason. Even though they were bailed a day after their arrest, they are currently undergoing investigation and are vulnerable to re-arrest. They are currently obliged to report to the police twice a week.
** Even though Edison Kendi and Yan Piet Maniamboi have now been released from detention, they are still facing a prison sentence of 2 years’ and 18 months’ imprisonment respectively. The verdict is currently being appealed. As reported in our September update, Kendi was again detained and questioned in relation to peaceful demonstrations before being released.

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

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

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

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Darius Kogoya

Darius Kogoya was arrested together with Timur Wakerkwa at a demonstration on 1 May 2012 to mark the 49th anniversary of the administrative transfer of West Papua to Indonesia. According to KontraS Papua, the West Papua National Committee (Komite Nasional Papua Barat, KNPB) had called an action, and another group, the Papuan Society Organisation (Organisasi Masyarakat Papua, OMP) was also present. Kogoya was reportedly the leader of the OMP’s action.

The KNPB demonstration had started with a march from Sentani to Abepura, followed by speeches outside the Papuan Arts Council Building (Gedung Dewan Kesenian). From there people started moving towards the grave of Theys Eluay, a Papuan leader who was assassinated by Indonesian security forces.

OMP members were also assembled at Theys Eluay’s grave, where they tried to unfurl the Morning Star flag. According to KontraS Papua, 14 people were arrested, including Kogoya and Wakerkwa, as organisers tried to negotiate with the police.

Later that evening, as a group of around 20 demonstrators were returning to Waena from Jayapura, riding in the back of a truck, an unknown assailant fired a shot, fatally injuring one man, Terjoli Weya, in the stomach.

In December 2012, Majalah Selangkah reported that Timur Wakerkwa had joined with other political prisoners in Abepura prison to call for a boycott of the Papuan Gubernatorial election, demanding a referendum instead.

According to KontraS Papua, Wakerkwa was sentenced to two and a half years’ imprisonment in January/February 2013, whereas Kogoya received a three-year sentence. Their lawyers submitted an appeal to the Jayapura High Court but it was rejected. They remain behind bars in Abepura prison.

Sources

Elsham Papua, “Peringatan 49 Tahun aneksasi Papua Barat”, 2nd May 2012, http://dokumentasi.elsam.or.id/reports/view/74?l=en_US

KontraS Papua, Kronologi Papua, May 2012, http://kontras.org/pers/teks/kronologi%20papua.pdf

Majalah Selangkah, “Tapol Filep Karma dkk Menyerukan Rakyat Papua Boikot Pilgub”, 21 December 2012,http://majalahselangkah.com/tapol-papua-filep-karma-dkk-menyerukan-rakyat-papua-boikot-pilgub/

Last updated: 8 January 2014

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Papuans Behind Bars: July 2013

In brief

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

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

Arrests

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

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

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

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

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

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

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

Human rights activist detained in relation to Biak massacre memorial

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

Releases

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

Political trials and cases overview

Verdict delivered for Yapen Indigenous Day Celebrations case

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

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

Prosecutor demands eight months imprisonment for Matan Klembiap

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

Sarmi arrests trial continues

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

Verdict delivered in Abepura ammunition case

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

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

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

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

Aimas 1 May trial to begin in August

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

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

Correction: Atis Rambo Wenda and Athys Wenda

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

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

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

Cases of concern

Three Timika 1 May detainees suffer from deteriorating health conditions

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

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

Jefrai Murib in need of immediate medical treatment

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

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

News

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

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

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

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

Big prison, little prison

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

July 2013 Papuan political prisoners

  Prisoner Arrested Charges Sentence Case Accused of violence? Concerns reported re legal process? Prison
1 Victor Yeimo 13 May 2013 160 3 years 2009 demo; Jayapura demo demanding accountability in relation to 1 May commemoration No Yes Abepura
2 Astro Kaaba 3 May 2013 Treason Unknown Yapen police death Yes Pending Serui police station
3 Hans Arrongear Unknown Treason Unknown Yapen police death Yes Pending Serui police station
4 Unknown 1 May 2013 Unknown Unknown Biak flag-raising, 1 May commemoration No Pending Biak police custody
5 Oktofianus Warnares 1 May 2013 Unknown Unknown Biak flag-raising, 1 May commemoration No Pending Biak police custody
6 Yosepus Arwakon 1 May 2013 Unknown Unknown Biak flag-raising, 1 May commemoration No Pending Biak police custody
7 George Syors Simyapen 1 May 2013 Unknown Unknown Biak flag-raising, 1 May commemoration No Pending Biak police custody
8 Yona Rumawak 1 May 2013 Unknown Unknown Biak flag-raising, 1 May commemoration No Pending Biak police custody
9 John Sauyas 1 May 2013 Unknown Unknown Biak flag-raising, 1 May commemoration No Pending Biak police custody
10 Domi Mom 1 May 2013 Treason Unknown Timika flag-raising, 1 May commemoration No Pending Mimika police station
11 Alfisu Wamang 1 May 2013 Treason Unknown Timika flag-raising, 1 May commemoration No Pending Mimika police station
12 Musa Elas 1 May 2013 Treason Unknown Timika flag-raising, 1 May commemoration No Pending Mimika police station
13 Eminus Waker 1 May 2013 Treason Unknown Timika flag-raising, 1 May commemoration No Pending Mimika police station
14 Yacob Onawame 1 May 2013 Treason Unknown Timika flag-raising, 1 May commemoration No Pending Mimika police station
15 Hengky Mangamis 30 April 2013 106, 108 and 110 Trial ongoing Aimas shootings, 1 May commemoration No Yes Sorong police station
16 Yordan Magablo 30 April

2013

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

2013

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

2013

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

2013

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

2013

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

2013

106, 108 and 110 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 Pending Serui police custody
23 Athys Wenda 4 April 2013 170 Awaiting trial Accused of violent crime Yes Yes Abepura
24 Yogor Telenggen 10 March 2013 340, 338, 170, 251, Emergency Law 12/1951 Trial not yet started Puncak Jaya 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 Accused of being TPN/OPM No Pending Sarmi
26 Daniel Norotouw 3 March 2013 110; Article 2, Emergency Law 12/1951 Trial ongoing Accused of being TPN/OPM No Pending Sarmi
27 Niko Sasomar 3 March 2013 110; Article 2, Emergency Law 12/1951 Trial ongoing Accused of being TPN/OPM No Pending Sarmi
28 Sileman Teno 3 March 2013 110; Article 2, Emergency Law 12/1951 Trial ongoing Accused of being TPN/OPM No Pending Sarmi
29 Boas Gombo 28 February 2013 Unknown Trial ongoing Indonesian flag at PNG border No Pending Abepura
30 Matan Klembiap 15 February 2013 110; Article 2, Emergency Law 12/1951 Trial ongoing Terianus Satto and Sebby Sambom affiliation No Yes Police detention, Jayapura
31 Daniel Gobay 15 February 2013 110; Article 2, Emergency Law 12/1951 Trial ongoing Terianus Satto and Sebby Sambom affiliation No Yes Police detention, Jayapura
32 Andinus Karoba 10 October 2012 365(2), law 81/81 1 year 10 months Demmak activist accused of theft Yes Yes Abepura
33 Yan Piet Maniamboy 9 August 2012 106 18 months Indigenous people’s day celebrations, Yapen No Yes Serui
34 Edison Kendi 9 August 2012 106 2 years Indigenous people’s day celebrations, Yapen No Yes Serui
35 Jufri Wandikbo 7 June 2012 340, 56, Law 81/81 8 years Murder of Wamena taxi driver Yes Yes Abepura
36 Timur Wakerkwa 1 May 2012 106 2.5 years 1 May demo and flag-raising No No Abepura
37 Darius Kogoya 1 May 2012 106 3 years 1 May demo and flag-raising No No Abepura
38 Bastian Mansoben 21 October 2012 Emergency Law 12/1951 3 years Biak explosives case Possession of explosives No Biak
39 Forkorus Yaboisembut 19 October 2011 106 3 years Third Papua Congress No Yes Abepura
40 Edison Waromi 19 October 2011 106 3 years Third Papua Congress No Yes Abepura
41 Dominikus Surabut 19 October 2011 106 3 years Third Papua Congress No Yes Abepura
42 August Kraar 19 October 2011 106 3 years Third Papua Congress No Yes Abepura
43 Selphius Bobii 20 October 2011 106 3 years Third Papua Congress No Yes Abepura
44 Wiki Meaga 20 November 2010 106 8 years Yalengga flag-raising No Yes Wamena
45 Oskar Hilago 20 November 2010 106 8 years Yalengga flag-raising No Yes Wamena
46 Meki Elosak 20 November 2010 106 8 years Yalengga flag-raising No Yes Wamena
47 Obed Kosay 20 November 2010 106 8 years Yalengga flag-raising No Yes Wamena
48 Yusanur Wenda 30 April 2004 106 17 years Wunin arrests Yes No Wamena
49 Dipenus Wenda 28 March 2004 106 14 years Bokondini election boycott Unclear No Wamena
50 George Ariks 13 March 2009 106 5 years Unknown Unknown No Manokwari
51 Filep Karma 1 December 2004 106 15 years Abepura flag-raising 2004 No Yes Abepura
52 Ferdinand Pakage 16 March 2006 214 15 years Abepura case 2006 Yes Yes Abepura
53 Jefrai Murib 12 April 2003 106 Life Wamena ammunition store raid Yes Yes Abepura
54 Linus Hiel Hiluka 27 May 2003 106 20 years Wamena ammunition store raid Yes Yes Nabire
55 Kimanus Wenda 12 April 2003 106 20 years Wamena ammunition store raid Yes Yes Nabire
56 Numbungga Telenggen 11 April 2003 106 Life Wamena ammunition store raid Yes Yes Biak
57 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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July 2015: Threats to human rights defenders in Papua on the rise

In brief

At the end of July 2015, there were at least 51 political prisoners in Papua.

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

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

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

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

Arrests

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

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

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

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

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

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

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

Releases

There were no reported releases in July 2015.

Political trials and cases overview

Narko Murib rearrested

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

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

Cases of concern

Teenager shot dead and 11 others injured in Tolikara clash

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

News

Clearing House Committee disbanded

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

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

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

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

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

July 2015 Papuan Political Prisoners

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

Place of detention

1 Apnel Hegemur 3 July 2015 Articles 108, 110 Awaiting trial Fak Fak ULMWP arrests Uncertain Uncertain Fakfak
2 Roy Marten Mury 3 July 2015 Articles 108, 110 Awaiting trial Fak Fak ULMWP arrests Uncertain Uncertain Fakfak
3 Daniel Hegemur 3 July 2015 Articles 108, 110 Awaiting trial Fak Fak ULMWP arrests Uncertain Uncertain Fakfak
4 Arnes Silak 15 June 2015 Uncertain Police investigation pending KNPB Sentani Airport arrest Uncertain Uncertain Papuan Police Headquarters
5 Yafet Keiya 28 May 2015 Uncertain Police investigation pending MSG demo in Nabire Uncertain Uncertain Nabire
6 Ottis Munipa 28 May 2015 Uncertain Police investigation pending MSG demo in Nabire Uncertain Uncertain Nabire
7 Wamoka Yudas Kossay 22 May 2015 Article 160 Awaiting trial MSG demo in Biak Uncertain Uncertain Biak
8 Apolos Sroyer 20 May 2015 Article 160 Awaiting trial MSG demo in Biak Uncertain Uncertain Biak
9 Dorteus Bonsapia 20 May 2015 Article 160 Awaiting trial MSG demo in Biak Uncertain Uncertain Biak
10 Narko Murib 20 May 2015 Article 160 Awaiting trial MSG demo in Manokwari Uncertain Yes Manokwari
11 Alexander Nekenem 20 May 2015 Article 160 Awaiting trial MSG demo in Manokwari Uncertain Yes Manokwari
12 Yoram Magai 20 May 2015 Article 160 Awaiting trial MSG demo in Manokwari Uncertain Yes Manokwari
13 Othen Gombo 20 May 2015 Article 160 Awaiting trial MSG demo in Manokwari Uncertain Yes Manokwari
14 Obed Korie 15 May 2015 Article 170 On trial Sorong demo against PT PPM Uncertain Uncertain Sorong
15 Odie Aitago 15 May 2015 Article 170 On trial Sorong demo against PT PPM Uncertain Uncertain Sorong
16 Ruben Furay 1 May 2015 Uncertain Police investigation pending Kaimana 1 May 2015 Uncertain Uncertain Kaimana
17 Sepi Surbay 1 May 2015 Uncertain Police investigation pending Kaimana 1 May 2015 Uncertain Uncertain Kaimana
18 Domingus Babika 1 May 2015 Unclear Police investigation pending Manokwari 1 May 2015 Uncertain Uncertain Manokwari Regional Police Station
19 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
20 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
21 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
22 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
23 Elias Ayakeding* 14 April 2015 Articles 106, 160 On bail KIP treason arrests Uncertain Uncertain Bailed, city arrest, cannot leave Jayapura
24 Kelpis Wenda 17 March 2015 Emergency Law 12/1951 On trial Lanny Jaya torture Yes Yes Wamena
25 Kamori Murib 9 December 2014 Emergency Law 12/1951 On trial Lanny Jaya torture Yes Yes Wamena
26 Yosep Siep 9 July 2014 Articles 187, 164 Supreme Court appeal being considered Pisugi Election Boycott Yes Yes Released pending appeal
27 Marthen Marian 9 July 2014 Articles 187, 164 Supreme Court appeal being considered Pisugi Election Boycott Yes Yes Released pending appeal
28 Jhoni Marian 9 July 2014 Articles 187, 164 Supreme Court appeal being considered Pisugi Election Boycott Yes Yes Released pending appeal
29 Alapia Yalak 4 June 2014 Uncertain Police investigation pending Yahukimo arrests Yes Yes Papua Police Headquarters
 30 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
31 Septinus Wonawoai 1 February 2014 Articles 106, 108, 110 and Emergency Law 12/1951 3.5 years Sasawa military raid arrests Yes Yes Sorong
32 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
33 Kornelius Woniana 1 February 2014 Articles 106, 108, 110 and Emergency Law 12/1951 3.5 years Sasawa military raid arrests Yes Yes Sorong
34 Peneas Reri 1 February 2014 Articles 106, 108, 110 and Emergency Law 12/1951 3.5 years Sasawa military raid arrests Yes Yes Sorong
35 Salmon Windesi 1 February 2014 Articles 106, 108, 110 and Emergency Law 12/1951 3.5 years Sasawa military raid arrests Yes Yes Sorong
36 Obeth Kayoi 1 February 2014 Articles 106, 108, 110 and Emergency Law 12/1951 3.5 years Sasawa military raid arrests Yes Yes Sorong
37 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
38 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
39 Piethein Manggaprouw 19 October 2013 Articles 106, 110 2 years Third Papuan Congress demo in Biak No Yes Biak
40 Oktovianus Warnares 1 May 2013 Articles 106, 110, Emergency Law 12/1951 7 years Biak flag-raising, 1 May commemoration Yes Yes Biak
41 Yoseph Arwakon 1 May 2013 Articles 106, 110, Emergency Law 12/1951 2 years and 6 months Biak flag-raising, 1 May commemoration Yes Yes Biak
42 Markus Sawias 1 May 2013 Articles 106, 110, Emergency Law 12/1951 2 years Biak flag-raising, 1 May commemoration Yes Yes Biak
43 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
44 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
45 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
46 Jefri Wandikbo 7 June 2012 Articles 340, 56,  Law 8/1981 8 years KNPB activist tortured in Jayapura Yes Yes Abepura
47 Darius Kogoya 1 May 2012 106 3 years 1 May demo and flag-raising No No Abepura
48 Wiki Meaga 20 November 2010 106 8 years Yalengga flag-raising No Yes Wamena
49 Meki Elosak 20 November 2010 106 8 years Yalengga flag-raising No Yes Wamena
50 Filep Karma 1 December 2004 106 15 years Abepura flag-raising 2004 No Yes Abepura
51 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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Apotnalogolik Lokobal

Apotnalogolik Enos Lokobal is a farmer from Pugima village near Wamena town in Jayawijaya district, and was 37 years old at the time of his arrest in 2003. Following an alleged raid on the Jayawijaya District Military Command weapons arsenal on 4 April 2003, Mr Lokobal was arrested and charged with treason.

According to a 2011 report by the Alliance of Democracy for Papua (Aliansi Demokrasi untuk Papua, ALDP), Mr Lokobal has stated that following the Second Papuan People’s Congress in 2000, he was appointed as Commander of the Wamena TPN/OPM unit, resulting in him being placed on the police ‘wanted’ list (Daftar Pencarian Orang, DPO). Mr Lokobal believes this is the reason why, following the incident on 4 April 2003, he was one of the first to be detained.

After the alleged raid on the weapons arsenal, Mr Lokobal was arrested by the military on 10 April 2003. A report by a local NGO coalition states that initially, Mr Lokobal, Kimanus Wenda, Kanius Murib, Jefrai Murib, and Numbungga Telenggen were detained in the Jayawijaya District Military Command for around five days, far exceeding the 24-hour limit for military detention. They were then handed over to the Jayawijaya Police Station on 15 April 2003. A report by the Office for Justice and Peace (Sekratariat untuk Keadilan dan Perdamaian, SKP) states that when Mr Lokobal and the other detainees arrived at the police station, the police sent them to the local hospital for a medical check. Doctor Berry Wopari reportedly found that they had all sustained severe wounds and were unwell, with the exception of Kanius Murib.

According to a report made to the Committee Against Torture, while in military detention Mr Lokobal was handcuffed and kicked until unconscious by ten members of Indonesia’s military Special Forces (Komando Pasukan Khusus, or ‘Kopassus’), who tried to force him to sign a confession. After he regained consciousness he was reportedly kicked again, this time in the head. He was also cut on his thumb and ankle and endured further torture. On 19 April 2003 while in police detention Mr Lokobal states he was tortured again, this time by the police Mobile Brigades (Brigade Mobil, or ‘Brimob’). Again he was kicked until he was unconscious, had a bottle rammed into his mouth and was burnt on the armpit, knee and genitals with cigarette butts.

A report by ALDP (undated) noted many accusations of irregularities in the trial. These included the lack of translators and the prosecution remaining almost silent throughout the trial as their role was being assumed by the judges themselves. The judges reportedly failed to respect the defendants’ rights to be assumed innocent until proven guilty, and pushed the prisoners to accept the state’s version of the story. They also repeated prejudices about the local people of Wamena, such as “people here are lazy and stupid.” According to a 2008 document signed by a government official based in Jayapura, Mr Lokobal was found guilty under the charges of treason (article 106 of the Indonesian criminal code) and conspiracy (article 110) and was sentenced to 20 years in prison.

There have been a number of concerns raised about the treatment of those incarcerated in connection with this case. In 2004 while imprisoned in Wamena prison, Mr Murib and the other people accused of the raid on the weapons store were reportedly “still being intimidated by the intelligence of the Military District Command and Police Mobile Brigade, even when in jail,” according to Ms Anum Sirigar, a member of their legal team. They were also allegedly being denied access to the prison hall, where they were supposed to be able to meet their families or take exercise, because the military were using it for their own purposes. When his co-accused were moved to Makassar prison in late 2004, Mr Murib was allowed to remain in Wamena, on account of his age.

A report by ALDP (2008) describes the forced removal of Mr Lokobal from Wamena prison, where he was initially held. On 15 December 2004 he, along with eight other prisoners, was reportedly woken in the middle of the night, beaten until bruised and bleeding and forced to get on a police vehicle. The prisoners were moved to Gunung Sari prison in Makassar on the island of Sulawesi, far from their families. The sudden nature of this move caused fears for their safety at the time. Following the death of fellow prisoner Michael Heselo in Makassar hospital in August 2007, and subsequent protests, the remaining eight prisoners were returned to Papua. Mr Lokobal requested to be near his family in Wamena or Jayapura, but was instead moved to Biak prison on 28 January 2008, along with Jefrai Murib and Numbungga Telenggen.

Local NGO United for Truth (Bersatu Untuk Kebenaran, BUK) reported that when political prisoner Filep Karma was permitted to receive a medical operation in 2010 following a long campaign, he pointed out the lack of medical attention being given to other political prisoners, and highlighted amongst others the case of Mr Lokobal in Biak prison. In February 2012, TAPOL received a handwritten letter from Mr Lokobal. In the letter he details ill health including a swollen back and knee, rheumatism, and being diagnosed with several types of malaria during November 2011, adding “I am still quite wobbly on my feet.”

Mr Lokobal writes in prison, and his letters and poems have been read out at several events focussed on human rights, such as an event campaigning against torture in 2008 organised by ALDP and other groups.

Sources
Aliansi Demokrasi untuk Papua, “Peristiwa Pembobolan Gudang Senjata KODIM 1702 Jayawijaya, Wamena, 4 April 2003,” [undated], http://www.aldepe.com/2011/04/peristiwa-pembobolan-gudang-senjata_04.html

Aliansi Demokrasi untuk Papua, “Mereka pulang mimpi,” 5 February 2008, http://andawat-papua.blogspot.com/2008/02/mereka-pulang-mimpi.html

Aliansi Demokrasi untuk Papua, “Tiga Napol (Narapidana Politik) Kasus Gudang Senjata Wamena Minta Pindah,” 23 June 2011, http://www.aldepe.com/2011/06/tiga-napol-narapidana-politik-kasus.html
Apotnalogolik Enos Lokobal, Letter, received via TAPOL
Bersatu untuk Kebenaran, “Filep Karma,” Papua Blog, 9 August 2010, http://bukpapua.org/?p=19
Muridan S. Widjojo, Kampanye Anti Penyiksaan di Papua, LIPI Pusat Penelitian Politik, [undated], http://www.politik.lipi.go.id/index.php/in/kolom/kolom-papua/78-kampanye-anti-penyiksaan-di-papua-

Nazarudin Bunas, Head of the Papuan Provincial Department of Justice and Human Rights, “Daftar Naripidana tahanan politik 2008,” [undated], received by TAPOL in November 2011

NGO coalition for the protection and upholding of Human Rights in Papua, Jayapura, “Initial report into the 4 April 2003 Wamena case,” 6 May 2003, http://hampapua.org/skp/skp06/var-04i.pdf

Office for Justice and Peace of Jayapura, Imparsial Jakarta, Progressio Timor Leste, the Synod of the Christian Evangelical Church in Papua, and Franciscans International, “The practice of torture in Aceh and Papua 1998–2007,”Jayapura and Jakarta, November 2007,  http://www2.ohchr.org/english/bodies/cat/docs/ngos/ShadowReportIndonesia40.pdf

Sekretariat untuk Keadilan dan Perdamaian, “They still intimidated, even in jail!” Jayapura, 5 June 2004, http://www.hampapua.org/skp/skp05/info04-2004e.pdf

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Timur Wakerkwa

Timur Wakerkwa was arrested together with Darius Kogoya at a demonstration on 1 May 2012 to mark the 49th anniversary of the administrative transfer of West Papua to Indonesia. According to KontraS Papua, the West Papua National Committee (Komite Nasional Papua Barat, KNPB) had called an action, and another group, the Papuan Society Organisation (Organisasi Masyarakat Papua, OMP) was also present. Kogoya was reportedly the leader of the OMP’s action.

The KNPB demonstration had started with a march from Sentani to Abepura, followed by speeches outside the Papuan Arts Council Building (Gedung Dewan Kesenian). From there people started moving towards the grave of Theys Eluay, a Papuan leader who was assassinated by Indonesian security forces.

OMP members were also assembled at Theys Eluay’s grave, where they tried to unfurl the Morning Star flag. According to KontraS Papua, 14 people were arrested, including Kogoya and Wakerkwa, as organisers tried to negotiate with the police.

Later that evening, as a group of around 20 demonstrators were returning to Waena from Jayapura, riding in the back of a truck, an unknown assailant fired a shot, fatally injuring one man, Terjoli Weya, in the stomach.

In December 2012, Majalah Selangkah reported that Timur Wakerkwa had joined with other political prisoners in Abepura prison to call for a boycott of the Papuan Gubernatorial election, demanding a referendum instead.

According to KontraS Papua, Wakerkwa was sentenced to two and a half years’ imprisonment in January/February 2013, whereas Kogoya received a three-year sentence. Their lawyers submitted an appeal to the Jayapura High Court but it was rejected.

In early November 2014, Timur Wakerkwa was released following the end of his 2.5 year prison sentence.

Sources

Elsham Papua, “Peringatan 49 Tahun aneksasi Papua BaratI”, 2nd May 2012, http://dokumentasi.elsam.or.id/reports/view/74?l=en_US

KontraS Papua, Kronologi Papua, May 2012, http://kontras.org/pers/teks/kronologi%20papua.pdf

Majalah Selangkah, “Tapol Filep Karma dkk Menyerukan Rakyat Papua Boikot Pilgu, 21 December 2012,http://majalahselangkah.com/tapol-papua-filep-karma-dkk-menyerukan-rakyat-papua-boikot-pilgub/

Last udpated: 8 January 2014

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Papuans Behind Bars: September 2013

In brief

At the end of September 2013, there were at least 53 political prisoners in Papuan jails. In Waghete, a civilian was killed and four were arrested in a sweeping operation by police Mobile Brigade special  forces. There were scores of arrests of civilians and activists in relation to demonstrations celebrating the International Day of Democracy. Well-known activists were targeted in Biak and Yapen islands where processions were held to welcome the sacred water and ashes delivered by a Freedom Flotilla from Australia. In Waena, a civilian was arbitrarily detained and tortured by police.

Boas Gombo and Dipenus Wenda have both been released. There have been reported concerns for the mental health of Yohanes Borseren and Obeth Kamesrar. A report by KontraS Papua revealed pressing concerns about the health of prisoners and living conditions in Abepura prison. The parole application  by the five detainees in the case of the Wamena ammunitions store raid has been rejected, while the four detainees in the Yalengga flag-raising case are seeking remission.

Arrests

Civilian fatally shot and four arrested by Brimob officers in sweeping operation in Waghete

An article by Tabloid Jubi reported the fatal shooting of civilian Alpius Mote in Waghete by  police Mobile Brigade (Brimob) officers who were conducting a sweeping operation on 23 September. The two  officers were reportedly involved in a stop and search operation in Waghete market when they stopped two elderly men in a search for weapons. This caused protests from people who had gathered, leading to stones being thrown at the two officers. In response, the two officers fired into the crowd, causing the death of Alpius Mote, a university student, and injuring three others – Aprida Dogopia, Alex Mote and Frans Dogopia.

There were also reports that the officers targeted men with dreadlocks and beards. A statement by political prisoner Selpius Bobii described this tactic as an attack on indigenous Papuan customs. It is allegedly used by officers  to single out those they claim are ‘separatists’. The statement by Bobii also reported the arrests of four civilians following the shooting, although it is unclear if they remain in detention. Human Rights Watch has called for Indonesia to investigate the possible use of unnecessary  lethal force by police officers.

Scores arrested across Papua for celebrating the International Day of Democracy

Several Papuan human rights sources and news sites  reported that on 16 September  at least 94 people were arrested and  then released without charge as police moved to disperse demonstrations across Papua celebrating the International Day of Democracy on 15 September. Thousands of Papuans took part in the demonstrations,  which also supported Vanuatu’s intention of raising the question of West Papua’s political status at the 68th session of the  United Nations General Assembly in September.

The Papuan National police had issued a ban on demonstrations on 11 September, rejecting a notice  by the West Papua National Committee (Komite Nasional Papua Barat, KNPB) of their intention to demonstrate in several cities on 16 September, reportedly because the KNPB logo used in the notice contained a symbol of the Papuan Morning Star flag.  Sources on the ground and news sites  reported that tear gas was used in the Jayapura suburb of Waena to disperse demonstrators.

Sentani

According to a comprehensive report  by a local human rights investigator, there were two separate incidents in the Jayapura suburb of Sentani which led to the arrests of 29 people. A KNPB activist quoted in the report stated that at 07.00 Papuan time, nine demonstrators consisting of four KNPB activists and five civilians were arrested in Sentani Sektor Toladan by the Sentani Sub-District police. Other local activists reported that police  used intimidatory tactics on the peaceful demonstrators and  blockaded the demonstration at several spots in efforts to disperse the demonstration. The nine arrested were detained in Sentani Sub-District police station before being released without charge several hours later.

In a separate arrest in Sentani Sektor Gunung Merah, Jayapura Regional police arrested 20 demonstrators at approximately 07.15. The demonstrators were led by KNPB leader Alen Halitopo, who was one of the 20 people arrested. An article on the KNPB website stated that demonstrators were kicked and ill-treated by the police who confiscated items used in the demonstration. They were detained in Jayapura Regional police station for  more than an hour before being released without charge.

The KNPB  source also stated that in Sektor Prodadi the police dispersed demonstrators  who were heading towards the Old Market in Sentani. They confiscated megaphones, KNPB flags and banners.

Waena

Reports were received of two separate arrests in Waena where a total of 10 people were detained before being released without charge. The  comprehensive report mentioned above detailed the arrest of three KNPB activists – Agus Kosay, Ucak Logo and Jon Komba – at around 07.00  in front of the campus of Cenderawasih University where orations were taking place as part of the demonstration. They were released from Papua Regional police station without charge five hours later.

The West Papua online news magazine, Majalah Selangkah reported a second round of arrests at 09.00,  when a joint army and police task force arrested seven KNPB activists – Warius Warpo Wetipo, Henny Rumkorem, Uum Himan, Anton Gobay, Yas Wenda, Yufri Wenda and Rinal Wenda. Police allegedly beat the activists on arrest and confiscated their brochures and banners. Demonstrators  allegedly tried to negotiate with the security forces, who had set up blockades, before they were forcibly dispersed. Sources on the ground and news reports  stated that police  used tear gas to disperse the demonstrators in Waena. The Head of the Jayapura Regional police, Kiki Kurnia, told Tabloid Jubi that before using teargas, the security forces  gave the demonstrators five minutes to disperse as the demonstration had not been given  “permission” to go ahead by the authorities.

Taman Imbi, Jayapura

According to the same article by Majalah Selangkah, 14 KNPB activists were detained in Taman Imbi, Jayapura, before they could deliver speeches at the demonstration planned there. They were released without charge at 11.40 after being detained at Jayapura Regional police station for four hours.

Sorong

The  report mentioned above also detailed two separate arrests in Sorong where a total of 27 people were detained before being released without charge. At around 9.00, Sorong Regional police arrested 20 people, most of them KNPB activists. KNPB Sorong leader Martinus Yohami led the march towards Toko Tio. Police allegedly stopped the demonstrators and made the arrest when they unfurled a banner which stated “Indonesia Open Democratic Space in Papua, Stop the Violence.” The 20 people arrested were detained for six hours in Sorong Regional police station before being released without charge. A separate arrest  took place in front of the King Mosque in Sorong city where seven people were arrested and also detained in Sorong Regional police station. They were released at the same time as the other 20.

Nabire

Local activists reported the arrests of 14 KNPB activists in Nabire by joint army and police forces at demonstrations held on 16 September. They were reportedly beaten on arrest, with five of the activists – Otto Kudiai, Yafet Keiya, Anipa Pigai, Agustina and Yulianus Nawipa – receiving particularly severe beatings which resulted in serious injuries. Items used in the demonstration were confiscated. Upon pressure from the Head of Parliament for the Meepago Region, Habel Nawipa, the 14 activists were released from Nabire Regional police station without charge.

In Timika,  local activists reported the Mimika Regional police using intimidatory  tactics against demonstrators.  Celebrations of the International Day of Democracy also took place in Dogiyai, Yahukimo, Merauke, Timika, Manokwari and Biak, though no arrests have been reported in these areas.

Dozens of Biak and Yapen islands activists arrested in connection with planned procession welcoming Aborginal sacred water and ashes delivered by Freedom Flotilla

According to reports from human rights sources in Papua, four activists were arrested and  released in Biak, while Edison Kendi and Demianus Burumi were arrested and subsequently released in Yapen in police attempts to hinder processions on both islands. The processions were planned – on 20 September in Biak and 26 September in Yapen – to welcome the sacred water and ashes which were delivered by the well-publicised Freedom Flotilla from Aboriginal leaders in Australia.

Biak island

A report received by  email and an article posted  on the Freedom Flotilla  website described the arrest of four community leaders in Biak on 18 September. The four men – Piet Hein Manggaprouw, Klemens Rumsarwir, Yoris Berotabui and Yan Piet Mandibodibo – had arrived at the Biak Numfor Regional police station  to request an acknowledgement of their  notice to demonstrate  submitted two days earlier on 16 September. Upon arrival at the police station, they were separated into different rooms and were interrogated for 17 hours.

During the interrogation, they were threatened with charges of treason reportedly because the  notice had used a letterhead containing the logo of the pro-independence movement of the Federal Republic State of West Papua (Negara Federal Republik Papua Barat, NFRPB). Throughout their interrogation, the four men were denied food and communication with their families. Their handphones were also confiscated. At around 02.00 on 19 September, they were driven back home by a police truck guarded by three fully-armed police officers and one plainclothes officer.  Later that morning at 11.00, they were again brought in to be interrogated at the Biak Numfor regional police before being released 12 hours later at 23.00. Police  allegedly instructed them to cancel all plans to carry out the procession, and  told them that they  had to report to the police once every 24 hours.

Despite a heavy police and military presence, the procession  went ahead as planned on 20 September. On this day, as Piet Hein Manggaprouw and Yoris Berotabui were on their way to report to the Biak Numfor Regional police, they were stopped by several intelligence officers and forced into a vehicle. While observing the procession from within the vehicle, the intelligence officers allegedly forced the two men to identify NFRPB activists  in the procession. They then drove to the airport where the two men were  forced to identify Dr Frans Kapisa, who had flown in to Biak to deliver the sacred water and ashes.

The intelligence officers  reportedly communicated with other police authorities via walkie talkie on possible plans to shoot Kapisa upon his arrival and to shoot other activist leaders involved in the processions welcoming the sacred water and ashes. Amongst the activists mentioned were Edison Kendi, Markus Yenu and Marthinus Wandamani. The officers  also allegedly discussed strategies to disperse demonstrators forcefully, including beating or shooting demonstrators who disobeyed orders.

We understand that the four community leaders have not been charged with any offence and are not currently reporting to the police.

Yapen island

On 25 September, at around 17.00, Yapen Regional police  reportedly aired an announcement via Indonesian national radio instructing civilians not to go ahead with their planned procession on 26 September. Later that evening, at around 20.30, 20 plainclothes police officers and 2 Kopassus army special forces officers, some armed with M-16s and pistols, arrived at the residence of Edison Kendi in Serui, Yapen island, to arrest him. He was  detained reportedly because of his involvement in  the procession  on 26 September. The police  allegedly stated that in accordance with the Law on Mass Organisations, consent to demonstrate would not be given to groups that were not registered with the Department for National Unity and Politics (Kesatuan Bangsa dan Politik, Kesbangpol), a government body within the Interior Ministry. The arrest was led by the Head of Criminal Investigation within the Yapen Regional police. Kendi is currently undergoing investigations in Yapan Regional police station. Following his arrest, at around 22.10, two police trucks arrived at Kendi’s house and reportedly ransacked the residence in search of documents related to pro-independence activity.

The following day, on 26 September, at around 07.25, Yapen Regional police arrested Demianus Burumi as he was on his way to Serui airport to welcome Dr. Frans Kapisa who had come from Biak island, carrying with him the sacred water and ashes.

The latest information indicates that Kendi and Burumi have been released from detention.

A report from a human rights investigator stated that the procession in Mantembu village on 26 September was forcefully dispersed at around 11.30 by a joint army and Yapen Regional police task force. The police attempted to arrest Kapisa and Markus Yenu but the crowd positioned themselves in a way that allowed the two men to escape arrest. According to the report, security forces are still on guard in Mantembu village.

Online Papuan sources report that police are also targeting other Yapen activists for arrest, including Tinus Wandamani, Yan Piet Maniambo, Hendrik Warmetan, Pieter Hiowati and Heppi Daimboa. As reported in the August update, police employed similar tactics in Sorong city, where four community leaders – Apolos Sewa, Yohanis Goram Gaman, Amandus Mirino and Samuel Klasjok – were arrested after a prayer session and statement to the press in solidarity with the Freedom Flotilla. The four men were also instructed to report to the police and have been charged with treason and incitement.

Releases

Boas Gombo released following mental health decline

Information  from a local human rights source  expressed concern about the declining  mental health of Boas Gombo, who was released on parole on 27 September. Boas Gombo was arrested on 28 February 2013 and  sentenced to nine months’ imprisonment in Abepura prison after being convicted under  Article 66 of Law 24/2009 on the Flag, Language, Symbols of the State and the National Anthem.  His mental health has declined rapidly since 11 September 2013, reportedly due to the severe beatings he  suffered, including multiple blows to the head, during his detention in Muara Tami District Police station. He did not reportedly receive adequate medical treatment whilst in Abepura prison, and was instead only given sedatives.  He will be required to report to authorities for two months.

Dipenus Wenda released after almost ten years in prison

Human rights lawyers have reported the release of Dipenus Wenda on 19 August. His release was part of the 17 August Independence Day remissions.  Wenda was arrested on 28 March 2004 while giving out leaflets campaigning for an election boycott. He spent nine years and seven months in detention in Wamena prison.

Political trials and cases overview

Parole application for case of Wamena ammunition store raid rejected

The Democracy Alliance for Papua (Aliansi Demokrasi untuk Papua, ALDP) has reported that a parole application submitted by one of its lawyers on behalf the five detainees in the Wamena ammunition store raid case has been rejected. The authorities at the Directory General of Correctional Facilities (Direktor Jenderal Permasyarakatan, Dirjen Pas) reportedly stated that the parole application was not  received despite the lawyer’s insistence that it was submitted last year. When asked for  clarification,  the authorities at Dirjen Pas explained that a complete application was necessary for  the matter to be considered. This meant that two documents had to be submitted – a Letter of Assurance and a Statement of Loyalty to the Republic of Indonesia –  as the five detainees were charged with treason. The detainees rejected signing a Statement of Loyalty, which therefore disqualified their application for parole. Applications for parole go through different stages of consideration, starting from prison authorities to the Regional Office for Law and Human Rights in Papua and finally to Dirjen Pas.

The five men – Apotnalogolik Lokobal, Kimanus Wenda, Linus Hiel Hiluka, Jefrai Murib and Numbungga Telenggen – were charged with treason under Article 106 of the Indonesian Criminal Code. They were arrested in April/May 2003, as part of sweeping operations by the military in which nine people were killed and 38 tortured.

Yalengga flag-raising detainees seek remission

ALDP has reported that the four men in the Yalengga flag-raising case – Meki Elosak, Wiki Meaga, Oskar Hilago and Obed Kosay –  sought remission as part of the 17 August Independence Day remission deal. When an inquiry was made into their situation, Wamena prison authorities reportedly stated that the four men will receive remission from Dirjen Pas. This arrangement was therefore not part of the 17 August remissions which are instead administered by the Regional Office for Law and Human Rights in Papua. Lawyers for the four men will also appeal for clemency. The four men continue to be detained in Wamena prison.

Concerns of mental health of 1 May detainees

Information received from human rights sources in Papua reported concerns for Yohanes Boseren in the Biak 1 May case and Obeth Kamesrar in the Aimas 1 May case. Both men were arrested this year in relation to the peaceful activities commemorating the 1 May 50th anniversary  of the administrative transfer of Papua to Indonesia. Borseren was severely beaten on arrest,  and received multiple blows to the head. Obeth Kamesrar, an elderly detainee at 68-years old, has reportedly been silent since his arrest and appears to be suffering from trauma.

Cases of concern

Civilian arbitrarily detained and tortured by Waena police

The Justice, Peace and Integrity of Creation (JPIC) Desk of the Protestant Church in Papua (GKI-TP) has reported the arbitrary arrest and torture of a civilian in Waena. On 26 September, Nahor Stefanus Yalak was arrested by Waena police allegedly because of complaints by residents  that he was making too much noise in the area. At 19.00, the police brought Yalak to a nearby police post where he was tortured. Yalak was reportedly made to lie on the floor with his hands tied as the police wearing heavy boots stamped on his hands, and kicked and beat him on the back of his hand, face, back, thighs and knees. He was also whipped on the back with a thick cable. An officer also reportedly ripped a crucifix necklace from Yalak’s neck.  An hour later,  he was taken to the Abepura District Police station where he was detained overnight before being released at 07.30 the following morning. Yalak sustained serious injuries and has difficulty walking.

KontraS Papua report reveals concerns of inadequate medical care and living conditions in Abepura prison

A report received from the human rights organisation, KontraS Papua, on their visit to Abepura prison in August has revealed pressing concerns about inadequate medical healthcare and living conditions in Abepura prison. Jefrai Murib,  reported in  the July update as requiring immediate treatment for his stroke, is making a slow recovery despite the inadequate medical care he is receiving. He is now able to move his hand and is regaining his sense of touch. Prison authorities still do not  comply with recommendations concerning the required number  of hospital appointments. The KontraS Papua report stated that prison authorities often cited reasons of lack of transport, staff or time to postpone sending Murib to  hospital.

The report also reveals other concerns, including the lack of nutrition in prison meals, inadequate bedding and clean water, and faulty toilet facilities. Prisoners often have to lift containers of water from tanks when the bathroom pipes stop working. Ferdinand Pakage, who suffers from severe headaches, is reportedly unable to carry heavy items due to this condition and often experiences harsh pains  if forced to do so. The report states that Pakage is given inadequate medicine to treat his headaches which do not heal him of his pain. According to one doctor at Abepura prison, Pakage’s headaches are caused by a clogged vein and further treatment should be sought. However when KontraS Papua staff asked for further details, other Abepura staff were not aware of any plans to seek further medical treatment for Pakage.  The condition of Filep Karma, who has been suffering from the effects of heart disease, has reportedly improved.

Police raid residence of ex-political prisoner Buchtar Tabuni

Majalah Selangkah reported a raid on the residence of Buchtar Tabuni in Jayapura by a joint army and police task force on 26 September. The raid was led by the Head of the Jayapura Regional police, Alfret Papare, the Head Police Commissioner, Kiki Kurnia, and the Head of Abepura District police,  assisted by  Infantry from the Regional Military Command. The security forces reportedly arrived in four vehicles and were fully armed. They searched the whole house,  looking for Buchtar Tabuni. A few KNPB members who came to the residence seeking answers to why the house was being raided, were  then threatened  by the security forces. They left at 16.00 and headed to Jayapura city. Apparently, no reason was given  why they were conducting the raid.

News

16 political prisoners in Abepura prison sign a letter of support in response to Vanuatu’s General Assembly statement on human rights in Papua

On 28 September 2013, the Prime Minister of the Republic of Vanuatu, Moana Kalosil Carcasses, called on the UN to investigate human rights abuses in West Papua and the territory’s political status. 16 political prisoners in Abepura prison signed a letter of support  for the statement and expressed their thanks to the Prime Minister and the Republic of Vanuatu for their commitment and consistency in supporting the West Papuan cause.

September 2013 Papuan political prisoners

  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 Andinus Karoba 10 October 2012 365(2), Law 8/1981 1 year 10 months Demak activist accused of theft Yes Yes Abepura
30 Yan Piet Maniamboy 9 August 2012 106 Trial ongoing Indigenous people’s day celebrations, Yapen No Yes Serui
31 Edison Kendi 9 August 2012 106 Trial ongoing Indigenous people’s day celebrations, Yapen No Yes Serui
32 Jefri Wandikbo 7 June 2012 340, 56, Law 8/1981 8 years Accused of violent crime in Wamena Yes Yes Abepura
33 Timur Wakerkwa 1 May 2012 106 2.5 years 1 May demo and flag-raising No No Abepura
34 Darius Kogoya 1 May 2012 106 3 years 1 May demo and flag-raising No No Abepura
35 Bastian Mansoben 21 October 2012 Emergency Law 12/1951 Trial ongoing Biak explosives case Possession of explosives No Biak
36 Forkorus Yaboisembut 19 October 2011 106 3 years Third Papua Congress No Yes Abepura
37 Edison Waromi 19 October 2011 106 3 years Third Papua Congress No Yes Abepura
38 Dominikus Surabut 19 October 2011 106 3 years Third Papua Congress No Yes Abepura
39 August Kraar 19 October 2011 106 3 years Third Papua Congress No Yes Abepura
40 Selphius Bobii 20 October 2011 106 3 years Third Papua Congress No Yes Abepura
41 Wiki Meaga 20 November 2010 106 8 years Yalengga flag-raising No Yes Wamena
42 Oskar Hilago 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 Obed Kosay 20 November 2010 106 8 years Yalengga flag-raising No Yes Wamena
45 Yusanur Wenda 30 April 2004 106 17 years Wunin arrests Yes No Wamena
46 George Ariks 13 March 2009 106 5 years Unknown Unknown No Manokwari
47 Filep Karma 1 December 2004 106 15 years Abepura flag-raising 2004 No Yes Abepura
48 Ferdinand Pakage 16 March 2006 214 15 years Abepura case 2006 Yes Yes Abepura
49 Jefrai Murib 12 April 2003 106 Life Wamena ammunition store raid Yes Yes Abepura
50 Linus Hiel Hiluka 27 May 2003 106 20 years Wamena ammunition store raid Yes Yes Nabire
51 Kimanus Wenda 12 April 2003 106 20 years Wamena ammunition store raid Yes Yes Nabire
52 Numbungga Telenggen 11 April 2003 106 Life Wamena ammunition store raid Yes Yes Biak
53 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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Luis Gedi

Luis Gedi made his living by working in a shop in Abepura before he was arrested and sentenced to 15 years’ imprisonment following the violence which occurred on 16 March 2006. A picket had started the day before, demanding the closure of the Freeport mine in Tembagapura and the withdrawal of security forces from the area. The Justice and Peace Secretariat (Sekretariat Keadilan dan Perdamaian, SKP) published a detailed daily chronology of the events as they unfolded in 2006, later compiled into a book entitled “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.

We were unable to find information which outlines the exact circumstances of Luis Gedi‘s arrest, but the Indonesian Working Group on Advocacy against Torture has detailed the torture he was subjected to on 16 and 17 April. Mr Gedi was reportedly punched on his left cheek, kicked with jackboots, slapped, struck with a rubber baton and wooden beams, and burned with cigarettes. The torture left him with bruises all over his body and serious damage to his eye. Some police officers identified as perpetrators include: First Sergeant Alex Suripati, Second Sergeant Irwan, Second Sergeant Taufik and First Sergeant Amir. No lawyers or legal counsel were permitted to be present during Mr Gedi’s interrogation, and his family were also barred from visiting him.

The SKP chronology relates that on 20 March Paulus Waterpauw, the director of the Papuan Criminal Investigation Bureau (Reskrim Polda Papua), said that two of the suspects, Luis Gedi and Ferdinand Pakage, had admitted to attacking the police on 16 March.

23 people were charged in total, but Mr Gedi and Mr Pakage were given the heaviest charges of all: Article 212 in conjunction with article 214, paragraph 2, which refers to resisting members of the security forces in the performance of their duties, resulting in loss of life of a security force member. This information comes from an update on the case published by the SKP on 12 June 2006.

Evidence documented by human rights lawyers and investigators strongly suggests that any confessions relating to this case were made under torture. When the Alliance of Democracy for Papua (Aliansi Demokrasi untuk Papua, ALDP) spoke to Luis Gedi in 2012, he reportedly maintained that he was not involved in the killings, as he had done from the beginning of the trial process. When journalist Andreas Harsono met Mr Pakage and Mr Gedi in prison, he was also told by Mr Gedi that he had been forced to admit to the murder of policeman Rahman Arizona, and to give the police another name. Under torture, he gave the name of his friend, Mr Ferdinand Pakage.

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 focussed 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 Luis Gedi was three years in excess of the 12-year sentence requested by the prosecutor.

When ALDP met Mr Gedi in late 2011, he was being allowed to leave the prison from time to time, to buy equipment for the cleaning work he was doing, to visit his family and to tend his parents’ graves. He was hopeful that he would be eligible for conditional discharge in 2013.

Luis Gedi was released on 21 May 2013, after 7 years, 2 months and 5 days in prison under the condition that he reports to the police until 2016.

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

Aliansi Demokrasi untuk Papua, “Luis Gedi: Saya Belajar Tidak Menyimpan Dendam,” 17 December 2011, http://www.aldepe.com/2011/12/luis-gedi-saya-belajar-tidak-menyimpan.html

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

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, “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

Majalah Selangkah, “Politik, Hukum & HAM Tapol Papua, Luis Gedi Bebas,” 21 May 2013, http://majalahselangkah.com/content/tapol-papua-luis-gedi-bebas

Tabloid Jubi, “Tahanan Politik Luis Gedi Bebas Bersyarat,” 21 May 2013, http://tabloidjubi.com/2013/05/21/tahanan-politik-luis-gedi-bebas-bersyarat/

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