In brief

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

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

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

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

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

Arrests

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

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

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

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

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

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

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

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

Nabire: Three men subjected to police brutality

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

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

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

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

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

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

Releases

There were no reported releases in April 2014.

Political trials and cases overview

Sasawa: Six detainees tortured on arrest

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

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

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

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

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

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

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

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

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

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

Concerns over accusations towards student demonstrator

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

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

High Court increases prison sentences for five Biak 1 May detainees

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

Ex-detainees forced to act as informants

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

Prosecutor demands lengthy prison sentence for peaceful demonstrator

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

Jefrai Murib experiences heavy stroke

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

Cases of concern

Nabire human rights defender faces intimidation by police

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

KNPB prayer session in Merauke monitored by intelligence and military

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

News

International solidarity groups demand release of political prisoners

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

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

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

April 2014 Papuan political prisoners

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

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

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

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

In brief

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

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

Arrests

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

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

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

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

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

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

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

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

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

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

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

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

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

More arrests in relation to Yapen police death

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

Radio host arrested in Manokwari

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

Releases

Luis Gedi released

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

Political trials and cases overview

Yapen Indigenous Day Celebrations case: Unfair trial

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

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

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

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

Trial begins for Boas Gombo, denied access to legal counsel

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

Trial continues for Sarmi arrests

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

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

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

Verdict scheduled for Biak explosives trial

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

Verdicts delivered for Timika Six

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

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

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

News

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

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

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

Papuan political prisoners reject SBY offer of clemency

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

OMCT issues urgent appeal on behalf of Matan Klembiap

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

NAPAS and Kontras march

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

May 2013 Papuan political prisoners

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

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

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

In brief

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

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

Arrests

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

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

Activists in Tambrauw detained for reporting civilian deaths

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

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

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

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

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

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

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

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

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

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

Releases

Markus Yenu released

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

Case of concern

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

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

Political trials and cases overview

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

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

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

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

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

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

Timika treason and explosives case

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

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

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

Abepura ammunition case trial resumes

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

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

1 May 2012 Demo and Flag-raising case

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

Trial of Depapre torture case begins for Matan Klembiap

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

Prosecutor to appeal verdict of Serui TPN camp case

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

News

1 May demonstration ban violates freedom of expression

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

Global push to address the situation of political prisoners in Papua

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Information on Sarmi arrests as reported in March 2013 update

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

April 2013 Papuan political prisoners

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

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

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

Papuans Behind Bars is a new project about political prisoners in West Papua. Our aim is to provide accurate and transparent data, published in English and Indonesian, to facilitate direct support for prisoners and promote wider debate and campaigning in support of free expression in West Papua.

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

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

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

In brief

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

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

Arrests

Seven activists arrested in Mantembu

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

Releases

Buchtar Tabuni released, secures release of Simeon Dabi

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

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

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

Political trials and cases overview

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

Serui: Indigenous people’s day case

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

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

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

Wamena: explosives case

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

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

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

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

Timika: treason and explosives case

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

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

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

Jayapura: Dani Kogoya Case

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

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

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

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

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

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

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

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

Serui: TPN camp case

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

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

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

Jayapura: Flag-raising case

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

News

Clemency request for Wamena prisoners still ignored

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

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

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

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

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

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

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

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

January 2013 Papuan political prisoners

In brief

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

The West Papua National Committee (Komite Nasional Papua Barat, KNPB), a Papuan pro-independence activist organisation, was heavily targeted by Indonesian security forces this month. There were at least 24 arrests of KNPB members across Papua in Boven Digoel, Timika and Merauke. Police performed a mass arrest of 20 KNPB members in Boven Digoel under the auspices of the Social Organisations Law (RUU Organisasi Kemasyarakatan, RUU Ormas), claiming that the KNPB was an illegal organisation as it was not registered with the Department of National Unity and Politics (Kesatuan Bangsa dan Politik, Kesbangpol). The police also stated that any KNPB attributes such as flags and symbols were thus also considered illegal. The use of the Ormas Law to de-legitimise and control indigenous civil society groups, especially ahead of planned demonstrations or commemorative events, continues to place unacceptable limitations on freedom of assembly and expression in Papua.

The timing of crackdowns on KNPB members this month suggests that Indonesian authorities used arrests and raids to prevent activists holding events commemorating 1 July, a date Papuans consider to be their national day. There was also an election-related political arrest, following a common pattern during election periods in Papua, where pro-independence activists call for election boycotts, and are subsequently arrested. This month in Merauke, police arrested one activist and surrounded the KNPB Secretariat, claiming that the activists planned a socialisation event to boycott the 2014 Indonesian Presidential elections on 9 July 2014. Papuans Behind Bars has documented similar arrests in Bokondini in 2004 and in Nabire in 2009.

Meanwhile in the Netherlands, Iskandar Bwefar, a Dutch Papuan, was arrested in the Hague for peacefully waving a Morning Star flag during a procession celebrating Dutch Veterans Day. Dutch civil society groups reported that the flag, a symbol of Papuan identity, was banned from the parade procession by the Dutch House of Representatives following pressure from the Indonesian authorities. This arrest echoes that of three Papua New Guinea nationals in December 2013 when the Morning Star flag was raised during an event in Port Moresby. The willingness of foreign governments to legitimise the criminalisation of the Morning Star symbol, in contravention of international law and reports and opinions issued by the UN Working Group on Arbitrary Detention, is of particular concern. At a broad level, this development indicates that Indonesia is becoming increasingly pro-active in its efforts to quash support for Papuan independence among exile communities.

Arrests

Twenty KNPB members arrested in Boven Digoel police raid

According to local activists, on 28 June 2014, 20 activists from the West Papua National Committee (Komite Nasional Papua Barat, KNPB) were arrested at their Secretariat in Boven Digoel. Around 50 Boven Digoel Regional police reportedly searched the KNPB Secretariat and damaged items such as pro-independence posters and KNPB flags. Police also confiscated several items including five handphones, a digital camera, KNPB flags, banners and money from the Secretariat, all of which were not returned. The 20 activists have since been released.

On 30 June, Natalis Guyop, the Head of KNPB Boven Digoel, along with other KNPB members visited the Boven Digoel Regional police station to demand an explanation for the police raid. The Head of Boven Digoel Regional police, Iswan Tato, reportedly told the activists that police raided the Secretariat because of an incident when the KNPB flag was raised in front of the Secretariat. He further explained that this was in accordance with national regulations stating that any organisations not registered with the Department of National Unity and Politics (Kesatuan Bangsa dan Politik, Kesbangpol) were considered illegal and therefore any of their attributes such as flags were also banned. The regulation in question is set out in the Social Organisations Law (RUU Organisasi Kemasyarakatan, RUU Ormas). Tato allegedly went on to threaten the activists, stating that police would forcibly disperse any KNPB activities and shoot to kill or arrest any KNPB activists. The KNPB in Boven Digoel has stated that they expect continued police surveillance.

Two detained in Yahukimo due to dissenting political beliefs

A report received from a local human rights investigator detailed recent arbitrary arrests of three men in Yahukimo, two of whom remain behind bars. On 21 May 2014, a group of around 30 Yahukimo regional police stopped and questioned human rights activist Lendeng Omu regarding his affiliations with the KNPB. He was severely beaten, kicked and struck with rifle butts before being arrested and detained in Yahukimo Regional police station. Upon hearing of this incident, local villagers reacted by burning down a police post on Halabok Road in Yahukimo.

The report alleges that on 4 June, without any credible basis, the Head of the Yali tribe in Yahukimo, Alapia Yalak, was arrested for this act of arson. According to eyewitnesses who were present at the time of his arrest, Yalak and another unnamed young man were arrested at around 22:30 Papua time in Yalak’s home in Yahukimo. Yalak and a group of friends were playing cards when around 20 members of a joint military and police task force forcibly entered his home, while around 30 security personnel surrounded Yalak’s home. The security forces were reported to have arrived in 16 vehicles and had released seven warning shots to intimidate the men. Yalak was dragged outside his home while the rest of the people present were threatened at gunpoint and forced to raise their hands in surrender. One of his friends, a young man who was asleep in the kitchen, had heard the commotion in the front room where the security forces entered, and attempted to escape through the back door. He was caught by police who were guarding the back of the house and subsequently arrested. He was released a few hours later.

According to this young man’s account, Yalak and he suffered cruel and degrading treatment at the hands of the security forces on their way to Yahukimo Regional police station. The two men were severely beaten and intimidated. On reaching the police station, police then reportedly forced the two men to remove all their clothes, whereupon 30 police officers allegedly took turns beating them. They were then made to crawl naked into the holding cell.

The next day, a group of local villagers demonstrated in front of Yahukimo Regional police station, demanding for the immediate release of Yalak and Omu. Yalak was transferred to Papua Police Headquarters (Polisi Daerah Papua, Polda) in Jayapura to undergo further investigation.

Information provided in the report strongly suggests that Yalak was arrested due to his political beliefs and support for Papuan independence. In 2009, as the Head of the Yali tribe in Yahukimo, he was invited to attend a meeting organised by the Indigenous People’s Body (Lembaga Masyarakat Adat, LMA), at which tribal leaders from around Papua discussed the issue of Special Autonomy with government officials. According to an account by Yalak, as elaborated in the report, tribal leaders were allegedly offered bribes by government officials in exchange for convincing their respective tribes to support Special Autonomy. Yalak was allegedly offered a bribe of IDR 50,000,000 or USD 4,200 by Yahukimo Regent Ones Pahabol. Pahabol has faced repeated accusations of corruption, most recently for embezzling state funds meant for university students in 2013. The tribal leaders were reportedly told, “If you say you want independence, you will not receive any money. If you support Special Autonomy, you will receive money.” Yalak reportedly responded that he refused to be cheated and bribed like his ancestors were in the 60s, and that his community wanted independence instead.

It remains unclear what charges Yalak and Omu face and whether they have any legal representation.

Three KNPB Timika activists detained overnight

Local human rights sources reported the arrest of three KNPB activists on 30 June 2014 in Timika. The three activists – Elon Airabun, Leo Wusei and Joni Korwa – were arrested during their night shift guarding the KNPB Timika secretariat. Activists report that no reason was provided for their arrest, although local sources report that the likely purpose of the arrests was to intimidate KNPB members into not holding events the following day celebrating 1 July, a date widely considered by Papuans to be their national day. The three men were released without charge the following day.

KNPB Merauke activist detained, Secretariat surrounded

Local activists reported that on 18 June 2014, police and Brimob officers surrounded the KNPB Secretariat in Merauke, questioning and turning away activists who attempted to enter the building. Simon Apay, an activist with KNPB Merauke was arrested and interrogated in Merauke Regional police station for half an hour before being released. According to local sources, the Head of the Regional Police Intelligence in Merauke stated that police surrounded the Secretariat as they had received information regarding a socialisation event organised by the KNPB and the People’s Local Parliament (Parlemen Rakyat Daerah, PRD) regarding a boycott of the 2014 Indonesian Presidential Elections. Local activists denied the planning of such an event.

Last month two KNPB activists, Ferdinandus Blagaize and Selestinus Blagaize, were arrested for possession of a referendum-related document and books on Papuan history that were intended for a socialisation event in their home village of Okaba. The two men remain in detention in Okaba District police station and the charges they face are unknown.

Releases

Ferdinand Pakage released

Information received from local human rights sources reported the release of Ferdinand Pakage from Abepura prison on 16 June. On 16 March 2006, Pakage was arrested under accusations of involvement in an anti-Freeport demonstration that led to clashes with the police, resulting in the death of one police officer. A total of 23 people were charged in relation to this incident, with Pakage and Luis Gedi receiving the most serious charges. Pakage was forced to confess to involvement in the incident under torture in detention, even though he was not involved in the demonstration.  He was sentenced to 15 years’ imprisonment after an unfair trial where judges considered statements made under torture and defendants were forced to testify against one another. Defendants were threatened and beaten by Brimob members if they rejected indictments. As a result of severe beating by prison guards in Abepura prison in 2008, Pakage lost eyesight in his right eye, and continues to suffer pain and headaches. Repeated attempts by local NGOs to secure access for medical treatment have been unsuccessful throughout the last six years.

August Kraar released

According to information from a local human rights investigator, on 21 June 2014, August Kraar was released from Abepura prison. He was arrested alongside Dominikus Surabut, Forkorus Yaboisembut, Edison Waromi and Gat Wenda during the Third Papuan Peoples’ Congress on 19 October 2011. Selpius Bobii, the Chairman of the Congress, later surrendered to the police. Kraar was charged under Articles 106 and 110 for conspiracy to commit treason and Article 160 for public incitement to commit violence against the authorities. The Congress was attended by more than 4,000 Papuans and was a peaceful event at which the Morning Star flag was raised. It was heavily surrounded by 2,200 members of the Indonesian military and Brimob, on foot and in tanks. The remaining five detainees are expected to be released in late July.

Samuel Womsiwor released

Human rights lawyers have reported the release of Samuel Womsiwor three weeks after his detention on 15 May 2014. His release was secured by Cenderawasih University (Universitas Cenderawasih, UNCEN) authorities, who had pushed for his arrest in the first place. Womsiwor is part of a critical student collective who has been targeted for arrest, harassment and intimidation in the past several months.

Political trials and cases overview

Student demonstrator sentenced to six months’ imprisonment

On 11 June 2014, Kristianus Delgion Madai was sentenced to six months’ imprisonment by the Jayapura District Court under Emergency Law 12/1951 for reportedly smuggling eight 8.4mm calibre bullets from Jakarta to Nabire. Human rights lawyers have previously voiced their concern regarding his detention, stating that Madai had been targeted by the authorities as he was active in student demonstrations in Jakarta concerning Papuan issues. He is expected to be released at the end of July or in early August.

Deber Enumby still not given legal representation

A local human rights source reported that Deber Enumby, who was arrested in Kurilik village in Puncak Jaya on 4 January 2014 and is currently detained in Papua Police Headquarters, is still without legal representation. He was arrested 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 was charged with Emergency Law 12/1951 and potentially faces the death penalty, according to Papua police.

Trial for 11 men detained in 26 November arrests delayed

Information from human rights lawyers representing the 11 detainees arrested on 26 November 2013, reported that their trial has been fraught with delays. The men are charged with violence against property and persons under Article 170 of the Indonesian Criminal Code. They were accused of taking part in a demonstration on the day of their arrest which resulted in clashes with security forces. However, they state that they were in no way involved in the demonstrations. There have been no hearings for almost two months, and the legal limit of their detention ends on 30 July 2014.

Cases of concern

Dutch Papuan arrested for carrying Morning Star flag in Netherlands

On 28 June, Iskandar Bwefar, a Dutch Papuan, was arrested in the Hague, Netherlands, for waving a Morning Star flag during a parade commemorating Dutch Veterans Day. According to an interview with Bwefar on the Dutch news site Omroep West, he was pushed to the ground by five police officers within seconds of waving the Morning Star flag while observing the parade. When he tried to protest, a police officer stuffed his mouth with the flag. Bwefar was detained for several hours before being released. He was officially charged with breaching public order and fined €100.

A few days before Dutch Veterans Day, the Dutch House of Representatives agreed that Morning Star flags were not to be carried in the procession and could only be carried outside of the procession and on the Malieveld, the field where the procession took place. A Dutch NGO reported that there are strong indications that the ban was a result of Indonesian pressure. Similar arrests took place on 1 December 2013, where three Papua New Guineans were arrested in Port Moresby for their involvement in a Morning Star flag-raising ceremony. Governor Powes Parkop had told the Guardian Australia that the three men were targeted “due to undue pressure from the Indonesian government.”

News

Deterioration of freedom of expression in Papua highlighted at UN Human Rights Council

Franciscans International, the International Coalition for Papua (ICP), TAPOL, the Asian Legal Resource Centre, Pro Papua Foundation, Vivat International and the West Papua Netzwerk highlighted the deterioration of freedom of expression in Papua during the 26^th session of the UN Human Rights Council in Geneva. On 11 June 2014, the coalition delivered an oral statement at the Interactive Dialogue with the Special Rapporteur on Freedom of Expression and Special Rapporteur on Peaceful Assembly and Association, revealing data showing that political arrests had doubled and reported cases of torture and ill-treatment had quadrupled in 2013 compared to the previous year. On 12 June, a side event was held discussing freedom of expression in West Papua. Panellists spoke on media freedom, torture, political prisoners and the lack of free access to Papua.

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

In our last update, we removed three detainees – Yahya Bonay, Astro Kaaba and Hans Arrongear – from the list of political prisoners. Papuans Behind Bars has been unable to obtain any information regarding the three men for more than a year and it is possible that they have been released. However, we will continue to report on their case should any new information come to light.

June 2014 Papuan political prisoners

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

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

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

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

In brief

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

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

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

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

Arrests

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

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

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

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

Releases

Cultural group leader released

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

Political trials and cases overview

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

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

Jayapura Administrative Court drops summons against human rights lawyer

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

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

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

Stefanus Banal receives bone graft surgery

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

Cases of concern

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

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

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

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

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

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

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

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

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

News

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

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

October 2014 Papuan political prisoners

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

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

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