Forkorus Yaboisembut

Forkorus Yaboisembut, born in 1955, is the chairman of the Papuan Customary Council (Dewan Adat Papua). On 7 July 2011, Mr Yaboisembut participated in the drafting of the Papuan Peace Declaration, as part of the ‘Dialog Jakarta-Papua’ process advocated by Dr Muridan Widjojo and Dr Neles Tebay. He then participated in the organisation of the October 2011 Third Papuan People’s Congress and played a key role in the Congress, which lead to his arrest under treason charges.

From 17 to 19 October 2011, the Third Papuan People’s Congress was attended by more than 4,000 Papuan participants, and took place at the Zacheus football field of the Catholic Mission in Padang Bulan, near the provincial capital of Jayapura. The ‘Morning Star’ flag was raised at the event. According to the Asian Human Rights Commission (AHRC), around 2,200 members of the Indonesian military (Tentara Nasional Indonesia, TNI) and the police Mobile Brigades (Brigade Mobil, known locally as ‘Brimob’) were present. At least 100 members of the security forces reportedly surrounded the area with police cars, armoured vehicles and heavy firearms, whereas the participants were unarmed.

On 19 October 2011, according to the AHRC and the Jakarta Globe, Mr Yaboisembut was elected as the president of the newly-declared West Papuan Federal State. Around 14:00 local time, he read out a political declaration about the self-determination of the Papuan people. He reportedly said that the objective of the Congress was not to destroy the Republic of Indonesia, but to discuss the basic rights of the indigenous Papuan people.

Following the declaration, the Congress ended and participants began to disperse to return to their homes. Security forces began to fire shots into the air and reportedly used tear gas on the retreating crowd whilst beating participants, resulting in dozens injured. Around 300 persons were arrested and taken into custody in trucks, most of whom were later released. Video footage of the event, obtained by Down to Earth and TAPOL, has confirmed that a large number of shots were fired, and that unarmed Congress participants were beaten.

Mr Yaboisembut was arrested along with four of the other Congress organisers; Edison Waromi, August Makbrawen Sananay Kraar, Dominikus Sorabut, and Gat Wenda. On 20 October, Selpius Bobii, Chairman of the Congress, surrendered to the police. Gat Wenda was charged with Emergency Law 12 of 1951 for possession of a sharp weapon. The remaining five men were charged with treason (article 106 of the Indonesian Penal Code), conspiracy (article 110), and public incitement to violence against the authorities (article 160).

Gat Wenda was tried, sentenced to five months imprisonment and then released, as he had already served this time in detention. Mr Yaboisembut and the other four defendants were tried at the State Court in Abepura over 13 sessions, starting on 30 January 2012. On 16 March 2012, the four men were found guilty and sentenced to three years’ imprisonment – two years less than the five years requested by the Public Prosecutor. The defendants’ legal team and the Public prosecutor both appealed the decision on 4 April and the case was referred to the High Court. On 11 May 2012, the appeal was rejected by the High Court, which decision was again appealed by the defendants’ legal team, who took the case to the Supreme Court. On 24 July 2012, the Supreme Court issued Decision MA No.1029K/PD/2012 rejecting the appeal which had been made on behalf of the five defendants.

Mr Yaboisembut’s activities as chairman of the Papuan Indigenous Council have frequently brought him to the attention of local police in the past. According to Human Rights Watch (August 2011), Mr Yaboisembut was already under tight surveillance by Indonesia’s Special Forces (Komando Pasukan Khusus, known locally as Kopassus) before the events for which he was arrested took place. In August 2008, he was questioned by the police over the raising of the ‘Morning Star’ flag, a symbol of Papuan identity, in a demonstration. He subsequently received death threats and hate messages from unidentified sources.

Sources

Amnesty International, “Indonesia: release participants of peaceful gathering in Papua,” 20 October 2011,
http://www.amnesty.org/en/library/asset/ASA21/033/2011/en/5eb8e86b-1945-4f87-8ef2-d9c7022e7985/asa210332011en.pdf

Asian Human Rights Commission, “Papuan Peace Declaration,” 12 July 2011,
http://www.humanrights.asia/news/forwarded-news/AHRC-FST-041-2011/?searchterm=

Asian Human Rights Commission, “Security forces open fire at the Third Papuan People’s Congress,” 19 October 2011,
http://www.humanrights.asia/news/press-releases/AHRC-PRL-042-2011

Asian Human Rights Commission, “Troops open fire on Papuan gathering,” 20 October 2011,
http://www.humanrights.asia/news/forwarded-news/AHRC-FAT-055-2011/?searchterm=

Asian Human Rights Commission, “Indonesia: one person killed, hundreds arrested, and five persons charged with rebellion at the Third Papuan People’s Congress,” 20 October 2011,
http://www.humanrights.asia/news/urgent-appeals/AHRC-UAC-213-2011

East Timor and Indonesia Action Network, “Congressman Faleomavaega calls upon government of Indonesia to ensure safe and humane treatment for West Papuans in custody and to work for their release,” 21 October 2011,
http://www.etan.org/news/2011/10faleo.htm

Human Rights Watch, “Indonesia: military documents reveal unlawful spying in Papua,” 14 August 2011,
http://www.hrw.org/news/2011/08/14/indonesia-military-documents-reveal-unlawful-spying-papua

Human Rights Watch, “Indonesia: independent investigation needed into Papua violence,” 27 October 2011,
http://www.hrw.org/news/2011/10/28/indonesia-independent-investigation-needed-papua-violence

Jakarta Globe, “Dozens injured as Papua group declares independence from Indonesia,” 19 October 2011,
http://www.thejakartaglobe.com/home/dozens-injured-as-papua-group-declares-independence-from-indonesia/472697

Jakarta Globe, “At Papuan Congress, a brutal show of force,” 22 October 2011,
http://www.thejakartaglobe.com/editorschoice/at-papuan-congress-a-brutal-show-of-force/473327

TAPOL, East Timor and Indonesia Action Network, West Papua Advocacy Team, “Indonesian crackdown on Papuan Congress sparks outrage,” 20 October 2011,
http://www.etan.org/etanpdf/2011-13/TAPOL%20WPAT%20ETAN%20Crackdown%20sparks%20outrage.pdf

Video : Metro TV, “Polisi Buru Peserta Kongres Pendirian Negara Papua,» 19 October 2011, http://www.youtube.com/watch?v=9eB_lHvxGdg

Last updated : 4 January 2013

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Papuans Behind Bars: April 2013

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 50th 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 YaboisembutEdison 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

Prisoner Arrested Charges Sentence Case Accused of violence? Concerns reported re legal process? Prison
Yahya Bonay 27 April 2013 Unknown Unknown Yapen police death Yes Pending Serui police custody
Yosia Karoba 1 April 2013 Unknown Unknown Paniai civilian arrests No Pending Tolikara police station
Nonggop Tabuni 9 March 2013 Unknown Unknown Paniai civilian arrests No Pending Unknown
Delemu Enumby 9 March 2013 Unknown Unknown Paniai civilian arrests No Pending Unknown
Jelek Enembe 9 March 2013 Unknown Unknown Paniai civilian arrests No Pending Unknown
Boas Gombo 28 February 2013 Unknown Unknown Indonesian flag at PNG border No Pending Abepura
Matan Klembiap 15 February 2013 110; Article 2, Emergency Law 12/1951 Trial ongoing Terianus Satto and Sebby Sambom affiliation No Yes Police detention, Jayapura
Daniel Gobay 15 February 2013 110; Article 2, Emergency Law 12/1951 Trial ongoing Terianus Satto and Sebby Sambom affiliation No Yes Police detention, Jayapura
Alfret Marsyom 19 October 2012 106, Emergency Law 12/1951 Trial ongoing Timika explosives case Possession of weapons Yes Timika
Jack Wansior 19 October 2012 106, Emergency Law 12/1951 Trial ongoing Timika explosives case Possession of weapons Yes Timika
Yantho Awerkion 19 October 2012 106, Emergency Law 12/1951 Trial ongoing Timika explosives case Possession of weapons Yes Timika
Paulus Marsyom 19 October 2012 106, Emergency Law 12/1951 Trial ongoing Timika explosives case Possession of weapons Yes Timika
Romario Yatipai 19 October 2012 106, Emergency Law 12/1951 Trial ongoing Timika explosives case Possession of weapons Yes Timika
Stephen Itlay 19 October 2012 106, Emergency Law 12/1951 Trial ongoing Timika explosives case Possession of weapons Yes Timika
Yan Piet Maniamboy 9 August 2012 106 Trial ongoing Indigenous people’s day celebrations, Yapen No Yes Serui
Edison Kendi 9 August 2012 106 Trial ongoing Indigenous people’s day celebrations, Yapen No Yes Serui
Timur Wakerkwa 1 May 2012 106 3 years 1 May demo and flag-raising No No Abepura
Darius Kogoya 1 May 2012 106 3 years 1 May demo and flag-raising No No Abepura
Paulus Alua 21 October 2012 Emergency Law 12/1951 Trial ongoing Biak explosives case Possession of explosives Yes Biak
Bastian Mansoben 21 October 2012 Emergency Law 12/1951 Trial ongoing Biak explosives case Possession of explosives No Biak
Forkorus Yaboisembut 19 October 2011 106 3 years Third Papua Congress No Yes Abepura
Edison Waromi 19 October 2011 106 3 years Third Papua Congress No Yes Abepura
Dominikus Surabut 19 October 2011 106 3 years Third Papua Congress No Yes Abepura
August Kraar 19 October 2011 106 3 years Third Papua Congress No Yes Abepura
Selphius Bobii 20 October 2011 106 3 years Third Papua Congress No Yes Abepura
Wiki Meaga 20 November 2010 106 8 years Yalengga flag-raising No Yes Wamena
Oskar Hilago 20 November 2010 106 8 years Yalengga flag-raising No Yes Wamena
Meki Elosak 20 November 2010 106 8 years Yalengga flag-raising No Yes Wamena
Obed Kosay 20 November 2010 106 8 years Yalengga flag-raising No Yes Wamena
Yusanur Wenda 30 April 2004 106 17 years Wunin arrests Yes No Wamena
Dipenus Wenda 28 March 2004 106 14 years Bokondini election boycott Unclear No Wamena
George Ariks 13 March 2009 106 5 years Unknown Unknown No Manokwari
Filep Karma 1 December 2004 106 15 years Abepura flag-raising 2004 No Yes Abepura
Ferdinand Pakage 16 March 2006 214 15 years Abepura case 2006 Yes Yes Abepura
Luis Gede 16 March 2006 214 15 years Abepura case 2006 Yes Yes Abepura
Jefrai Murib 12 April 2003 106 Life Wamena ammunition store raid Yes Yes Abepura
Linus Hiel Hiluka 27 May 2003 106 20 years Wamena ammunition store raid Yes Yes Nabire
Kimanus Wenda 12 April 2003 106 20 years Wamena ammunition store raid Yes Yes Nabire
Numbungga Telenggen 11 April 2003 106 Life Wamena ammunition store raid Yes Yes Biak
Apotnalogolik Lokobal 10 April 2003 106 20 years Wamena ammunition store raid Yes Yes Biak

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

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

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

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August Kraar

August Makbrawen Sananay Kraar is a member of the West Papua National Authority (Otoritas Nasional Papua Barat), an organisation which campaigns for Papuan independence. Mr Kraar also participated in the organisation of the October 2011 Third Papuan People’s Congress, which lead to his arrest under treason charges.

From 17 to 19 October 2011, the Third Papuan People’s Congress was attended by more than 4,000 Papuan participants, and took place at the Zacheus football field of the Catholic Mission in Padang Bulan, near the provincial capital of Jayapura. The ‘Morning Star’ flag was raised at the event. According to the Asian Human Rights Commission (AHRC), around 2,200 members of the Indonesian military (Tentara Nasional Indonesia, TNI) and the police Mobile Brigades (Brigade Mobil, known locally as ‘Brimob’) were present. At least 100 members of the security forces reportedly surrounded the area with police cars, armoured vehicles and heavy firearms, whereas the participants were unarmed.

On 19 October 2011 at around 14:00 local time, a political declaration about the self-determination of Papuan people was read out by Mr Forkorus Yaboisembut and Mr Edison Waromi, who had just been elected as political leaders of what was declared to be the West Papuan Federal State.

Following the declaration, the Congress ended and participants began to disperse to return to their homes. Security forces began to fire shots into the air and reportedly used tear gas on the retreating crowd whilst beating participants, resulting in dozens injured. Around 300 persons were arrested and taken into custody in trucks, most of whom were later released. Video footage of the event, obtained by Down to Earth and TAPOL, has confirmed that a large number of shots were fired, and that unarmed Congress participants were beaten.

Mr Kraar was arrested along with four of the other Congress organisers; Forkorus Yaboisembut, Edison Waromi, Dominikus Sorabut, and Gat Wenda. On 20 October, Selpius Bobii, Chairman of the Congress, surrendered to the police. Gat Wenda was charged with Emergency Law 12 of 1951 for possession of a sharp weapon. The remaining five men were charged with treason (article 106 of the Indonesian Penal Code), conspiracy (article 110), and public incitement to violence against the authorities (article 160).

Gat Wenda was tried, sentenced to five months imprisonment and then released, as he had already served this time in detenion. Mr Kraar and the other four defendants were tried at the State Court in Abepura over 13 sessions, starting on 30 January 2012. On 16 March 2012, Forkorus and friends were found guilty and sentenced to three years’ imprisonment – two years less than the five years requested by the Public Prosecutor. The defendants’ legal team and the Public prosecutor both appealed the decision on 4 April and the case was referred to the High Court. On 11 May 2012, the appeal was rejected by the High Court, which decision was again appealed by the defendants’ legal team, who took the case to the Supreme Court. On 24 July 2012, the Supreme Court issued Decision MA No.1029K/PD/2012 rejecting the appeal which had been made on behalf of the five defendants.

Sources

Amnesty International, “Indonesia: release participants of peaceful gathering in Papua,” 20 October 2011,
http://www.amnesty.org/en/library/asset/ASA21/033/2011/en/5eb8e86b-1945-4f87-8ef2-d9c7022e7985/asa210332011en.pdf

Asian Human Rights Commission, “Security forces open fire at the Third Papuan People’s Congress,”
19 October 2011, http://www.humanrights.asia/news/press-releases/AHRC-PRL-042-2011

Asian Human Rights Commission, “Troops open fire on Papuan gathering,” 20 October 2011,
http://www.humanrights.asia/news/forwarded-news/AHRC-FAT-055-2011/?searchterm=

Asian Human Rights Commission, “Indonesia: one person killed, hundreds arrested, and five persons charged with rebellion at the Third Papuan People’s Congress” 20 October 2011,
http://www.humanrights.asia/news/urgent-appeals/AHRC-UAC-213-2011

East Timor and Indonesia Action Network, West Papua Advocacy Team, and TAPOL, “Indonesian crackdown on Papuan Congress sparks outrage,” 20 October 2011,
http://www.etan.org/etanpdf/2011-13/TAPOL%20WPAT%20ETAN%20Crackdown%20sparks%20outrage.pdf

East Timor and Indonesia Action Network, “Congressman Faleomavaega calls upon government of Indonesia to ensure safe and humane treatment for West Papuans in custody and to work for their release,” 21 October 2011,
http://www.etan.org/news/2011/10faleo.htm

Human Rights Watch, “Indonesia: independent investigation needed into Papua violence,” 27 October 2011,
http://www.hrw.org/news/2011/10/28/indonesia-independent-investigation-needed-papua-violence

Jakarta Globe, “Dozens injured as Papua group declares independence from Indonesia,” 19 October 2011,
http://www.thejakartaglobe.com/home/dozens-injured-as-papua-group-declares-independence-from-indonesia/472697

Jakarta Globe, “At Papuan Congress, a brutal show of force,” 22 October 2011,
http://www.thejakartaglobe.com/editorschoice/at-papuan-congress-a-brutal-show-of-force/473327

Metro TV, “Polisi Buru Peserta Kongres Pendirian Negara Papua, » 19 October 2011, http://www.youtube.com/watch?v=9eB_lHvxGdg

Last updated: 4 January 2013

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Dominikus Surabut

Dominikus Surabut is the Secretary of the Papuan Customary Council (Dewan Adat Papua) in La Pago region, and is an activist, writer and documentary film maker. He participated in the organisation of the October 2011 Third Papuan People’s Congress, which lead to his arrest under treason charges.

From 17 to 19 October 2011, the Third Papuan People’s Congress was attended by more than 4,000 Papuan participants, and took place at the Zacheus football field of the Catholic Mission in Padang Bulan, near the provincial capital of Jayapura. The ‘Morning Star’ flag was raised at the event. According to the Asian Human Rights Commission (AHRC), around 2,200 members of the Indonesian military (Tentara Nasional Indonesia, TNI) and the police Mobile Brigades (Brigade Mobil, known locally as ‘Brimob’) were present. At least 100 members of the security forces reportedly surrounded the area with police cars, armoured vehicles and heavy firearms, whereas the participants were unarmed.

On 19 October 2011 at around 14:00 local time, a political declaration about the self-determination of Papuan people was read out by Mr Forkorus Yaboisembut and Mr Edison Waromi, who had just been elected as political leaders of what was declared to be the West Papuan Federal State.

Following the declaration, the Congress ended and participants began to disperse to return to their homes. Security forces began to fire shots into the air and reportedly used tear gas on the retreating crowd whilst beating participants, resulting in dozens injured. Around 300 persons were arrested and taken into custody in trucks, most of whom were later released. Video footage of the event, obtained by Down to Earth and TAPOL, has confirmed that a large number of shots were fired, and that unarmed Congress participants were beaten.

Mr Surabut was arrested along with four of the other Congress organisers; Forkorus Yaboisembut, Edison Waromi, August Makbrawen Sananay Kraar and Gat Wenda. On 20 October, Selpius Bobii, Chairman of the Congress, surrendered to the police. Gat Wenda was charged with Emergency Law 12 of 1951 for possession of a sharp weapon. The remaining five men were charged with treason (article 106 of the Indonesian Penal Code), conspiracy (article 110), and public incitement to violence against the authorities (article 160).

Gat Wenda was tried, sentenced to five months imprisonment and then released, as he had already served this time in detenion. Mr Surabut and the other four defendants were tried at the State Court in Abepura over 13 sessions, starting on 30 January 2012. On 16 March 2012, the five men were found guilty and sentenced to three years’ imprisonment – two years less than the five years requested by the Public Prosecutor. The defendants’ legal team and the Public prosecutor both appealed the decision on 4 April and the case was referred to the High Court. On 11 May 2012, the appeal was rejected by the High Court, which decision was again appealed by the defendants’ legal team, who took the case to the Supreme Court. On 24 July 2012, the Supreme Court issued Decision MA No.1029K/PD/2012 rejecting the appeal which had been made on behalf of the five defendants.

In December 2012, Mr Surabut was awarded the Hellman/Hammett award, administered by Human Rights Watch, for “commitment to free expression and the courage [shown] when facing political persecution.”

Sources

Amnesty International, “Indonesia: release participants of peaceful gathering in Papua,” 20 October 2011,
http://www.amnesty.org/en/library/asset/ASA21/033/2011/en/5eb8e86b-1945-4f87-8ef2-d9c7022e7985/asa210332011en.pdf

Asian Human Rights Commission, “Security forces open fire at the Third Papuan People’s Congress,” 19 October 2011,
http://www.humanrights.asia/news/press-releases/AHRC-PRL-042-2011

Asian Human Rights Commission, “Troops open fire on Papuan gathering,” 20 October 2011,
http://www.humanrights.asia/news/forwarded-news/AHRC-FAT-055-2011/?searchterm=

Asian Human Rights Commission, “Indonesia: one person killed, hundreds arrested, and five persons charged with rebellion at the Third Papuan People’s Congress,” 20 October 2011,
http://www.humanrights.asia/news/urgent-appeals/AHRC-UAC-213-2011

East Timor and Indonesia Action Network, “Congressman Faleomavaega calls upon government of Indonesia to ensure safe and humane treatment for West Papuans in custody and to work for their release,” 21 October 2011,
http://www.etan.org/news/2011/10faleo.htm

Human Rights Watch, “Biographies of 2012 Hellman/Hammet Awardees,” 4 December 2012, www.hrw.org/sites/default/files/Biographies-of-2012-HH-Awardees.doc

Human Rights Watch, “Indonesia: independent investigation needed into Papua violence,” 27 October 2011,
http://www.hrw.org/news/2011/10/28/indonesia-independent-investigation-needed-papua-violence

Jakarta Globe, “Dozens injured as Papua group declares independence from Indonesia,” 19 October 2011,
http://www.thejakartaglobe.com/home/dozens-injured-as-papua-group-declares-independence-from-indonesia/472697

Jakarta Globe, “At Papuan Congress, a brutal show of force,” 22 October 2011,
http://www.thejakartaglobe.com/editorschoice/at-papuan-congress-a-brutal-show-of-force/473327

TAPOL, East Timor and Indonesia Action Network, West Papua Advocacy Team, “Indonesian crackdown on Papuan Congress sparks outrage,” 20 October 2011,
http://www.etan.org/etanpdf/2011-13/TAPOL%20WPAT%20ETAN%20Crackdown%20sparks%20outrage.pdf

Video : Metro TV, “Polisi Buru Peserta Kongres Pendirian Negara Papua « , 19 October 2011, http://www.youtube.com/watch?v=9eB_lHvxGdg

Last updated: 4 January 2013

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Selpius Bobii

Selpius Bobii, born in 1979, is Chairman of the United Front of West Papuan People’s Struggle, Front Eknas Pepera PB. As a student, he was first arrested in 2006 following his involvement in protests against the US mining company Freeport-McMoRan (see below). On 7 July 2011, he was involved in drafting the Papuan Peace Declaration, as part of the ‘Dialog Jakarta-Papua’ process advocated by Dr Muridan Widjojo and Dr Neles Tebay. Mr Bobii was also the main organiser and Chairman of the October 2011 Third Papuan People’s Congress, leading to his arrest under treason charges.

According to local newspaper Bintang Papua, Mr Bobii said that the Congress was an opportunity for Papuans “to convey their opinions about what they feel.” He had officially requested the Indonesian government to participate and be represented in the Congress by Djoko Suyanto, Minister-Coordinator for Political, Legal and Security Affairs. However, in the event, the Minister-Coordinator declined to attend.

From 17 to 19 October 2011, the Third Papuan People’s Congress was attended by more than 4,000 Papuan participants, and took place at the Zacheus football field of the Catholic Mission in Padang Bulan, near the provincial capital of Jayapura. The ‘Morning Star’ flag was raised at the event. According to the Asian Human Rights Commission (AHRC), around 2,200 members of the Indonesian military (Tentara Nasional Indonesia, TNI) and the police Mobile Brigades (Brigade Mobil, known locally as ‘Brimob’) were present. At least 100 members of the security forces reportedly surrounded the area with police cars, armoured vehicles, and heavy firearms, whereas the participants were unarmed.

On 19 October 2011, around 14:00 local time, a political declaration about the self-determination of Papuan people was read out by Mr Forkorus Yaboisembut and Mr Edison Waromi, who had just been elected as political leaders of what was declared to be the West Papuan Federal State. At this point, according to a report by local NGO Justice, Peace and Integrity, (Keadilan, Perdamaian and Keutuhan Ciptaan, KPKC), Mr Bobii declared “we want to return to the sovereignty which once existed,” and appealed to the central government “to draw up a programme of development to ensure that the people experience improvements in their living conditions.”

Following the declaration, the Congress ended and participants began to disperse to return to their homes. Security forces began to fire shots into the air and reportedly used tear gas on the retreating crowd whilst beating participants, resulting in dozens injured. Around 300 persons were arrested and taken into custody in trucks, most of whom were later released. Video footage of the event, obtained by Down to Earth and TAPOL, has confirmed that a large number of shots were fired, and that unarmed Congress participants were beaten.

While Forkorus Yaboisembut, Edison Waromi, August Makbrawen Sananay Kraar, Dominikus Sorabut, and Gat Wenda were arrested on the spot, Human Rights Watch reported that Mr Bobii eluded the police but surrendered on 20 October 2011, accompanied by his lawyers and a Papuan journalist. All six were charged with treason (article 106 of the Indonesian Penal Code), conspiracy (article 110), and public incitement to violence against the authorities (article 160). They are currently detained in Jayapura Police Station, awaiting trial.

First arrest

Before the Congress Selpius Bobii had already completed one term in prison. He was arrested after the disturbances which broke out in Abepura on 16 March 2006, in which four police and military personnel were killed. The clashes had started after a demonstration demanding the closure of the Freeport mine, and as the General Secretary of Front Pepera which had called the demo Mr Bobii was arrested and charged under article 160 of the Indonesian Criminal Code, for incitement.

According to the Ecumenical Council of Churches in Papua (Persekutuan Gereja-gereja di Papua), Mr Bobii’s arrest triggered violent clashes between the police forces and protestors. He was held in isolation from his family and other detainees, and denied access to lawyers and journalists. Mr Bobii was reportedly subjected to torture, as were the other 23 prisoners held in relation to these incidents. The Indonesian Working Group on the Advocacy Against Torture has reported that Mr Bobii was kicked, punched, slapped and beaten with a chair, causing a torn lower lip and injuries and bruises all over his body.

Several organisations, including Amnesty International and an Advocacy Team set up to follow that case, have criticised the unfair and intimidatory nature of the trial. Among the complaints were that the judges based their evidence on the initial interrogation reports of the prisoners which were obtained under torture, that police and intelligence agents were present in the trial, that the indictees were threatened with death if they did not confess, and that they were also beaten shortly before appearing in court for one of the sessions. On 26 July 2006 Mr Bobii was sentenced to six years imprisonment.

Sources

Amnesty International, “Indonesia: release participants of peaceful gathering in Papua,” 20 October 2011,
http://www.amnesty.org/en/library/asset/ASA21/033/2011/en/5eb8e86b-1945-4f87-8ef2-d9c7022e7985/asa210332011en.pdf

Amnesty International, Urgent Alert 234/06, 31 August 2006, http://www.amnesty.org/en/library/asset/ASA21/013/2006/en/e25384c7-f9d4-11dd-b1b0-c961f7df9c35/asa210132006en.pdf

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

Asian Human Rights Commission, “Papuan Peace Declaration,” 12 July 2011,
http://www.humanrights.asia/news/forwarded-news/AHRC-FST-041-2011/?searchterm=

Asian Human Rights Commission, “Security forces open fire at the Third Papuan People’s Congress,” 19 October 2011, http://www.humanrights.asia/news/press-releases/AHRC-PRL-042-2011

Asian Human Rights Commission, “Troops open fire on Papuan gathering,” 20 October 2011,
http://www.humanrights.asia/news/forwarded-news/AHRC-FAT-055-2011/?searchterm=

Asian Human Rights Commission, “Indonesia: one person killed, hundreds arrested, and five persons charged with rebellion at the Third Papuan People’s Congress,” 20 October 2011,
http://www.humanrights.asia/news/urgent-appeals/AHRC-UAC-213-2011

Bintang Papua, “Third Papuan Congress opens in a field,” 17 October 2011, available in English translation at West Papua Media, http://westpapuamedia.info/tag/selpius-bobii/

Bintang Papua, “Indonesian senior minister will not be attending Papuan Congress,” 17 October 2011, available in English translation at http://westpapuamedia.info/tag/selpius-bobii/

East Timor and Indonesia Action Network, “Congressman Faleomavaega calls upon government of Indonesia to ensure safe and humane treatment for West Papuans in custody and to work for their release,” 21 October 2011,
http://www.etan.org/news/2011/10faleo.htm

Ecumenic Council of Churches in Papua (Persekutuan Gereja-gereja di Papua), “Executive summary of the preliminary report of the Abepura case 16 March 2006,” 29 September 2006, http://www.hampapua.org/skp/skp06/var-10e.pdf

Human Rights Watch, “Indonesia: independent investigation needed into Papua violence,” 27 October 2011,
http://www.hrw.org/news/2011/10/28/indonesia-independent-investigation-needed-papua-violence

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

Jakarta Globe, “Dozens injured as Papua group declares independence from Indonesia,” 19 October 2011,
http://www.thejakartaglobe.com/home/dozens-injured-as-papua-group-declares-independence-from-indonesia/472697

Jakarta Globe, “At Papuan Congress, a brutal show of force,” 22 October 2011,
http://www.thejakartaglobe.com/editorschoice/at-papuan-congress-a-brutal-show-of-force/473327

Jakarta Post, “Abepura trial begins in Papua,” 18 March 2006,
http://www.thejakartapost.com/news/2006/05/18/abepura-trial-begins-papua.html

Jerry Omona & Angga Haksoro, “Front Pepera: Violence in Abepura prison is unacceptable,” 13 July 2010, available in English translation at Human Rights Media, http://www.vhrmedia.com/Front-Pepera-Violence-in-Abepura-Prison-Is-Unacceptable-news4907.html

Jerry Omona & Angga Haksoro, “Violence against political prisoners,” 10 August 2010, available in English translation at Voice of Human rights Media, http://www.vhrmedia.com/Violence-against-Political-Prisoners-%281%29-story5266.html

Justice, Peace and the Integrity of Creation, (Keadilan, Perdamaian and Keutuhan Ciptaan,KPKC), Synod of GKI, the Indonesian Christian Church, “Third Papuan Congress,” 21 October 2011, available in English translation at West Papua Media, http://westpapuamedia.info/2011/10/22/report-by-gki-on-third-papuan-congress-and-declaration-of-independence/

Metro TV, 19 October 2011, “Polisi Buru Peserta Kongres Pendirian Negara Papua,” http://www.youtube.com/watch?v=9eB_lHvxGdg

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

TAPOL, East Timor and Indonesia Action Network, West Papua Advocacy Team, “Indonesian crackdown on Papuan Congress sparks outrage,” 20 October 2011,
http://www.etan.org/etanpdf/2011-13/TAPOL%20WPAT%20ETAN%20Crackdown%20sparks%20outrage.pdf

TAPOL, Bulletin 183, “Papuans tortured, policemen killed,” July 2006, http://lists.topica.com/lists/indonesia-act@igc.topica.com/read/message.html?sort=a&mid=812274158

TAPOL, “Urgent Action for victims of Abepura incident,” received from John Rumbiak, 17 March 2006, http://lists.topica.com/lists/WestPapua/read/message.html?sort=d&mid=1720030651

Last updated: 4 January 2013

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Papuans Behind Bars: August 2013

In brief

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

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

Arrests

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

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

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

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

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

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

Waena

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

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

Wamena

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

Fak-Fak

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

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

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

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

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

Timika and Nabire

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

Journalist severely beaten in Paniai

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

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

Witnesses to police murder detained in Wamena

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

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

Releases

Daniel Gobay and Matan Klembiap released

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

Six activists in Abepura ammunitions case released

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

Political trials and cases overview

Prosecution of six 1 May Biak detainees

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

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

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

Unreliable witnesses presented in Aimas 1 May case

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

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

Timika 1 May case transferred to Prosecutor

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

Appeal to be submitted for Yapen Indigenous Day Celebrations case

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

Yogor Telenggen accused of being involved in Pirime 2012 shootings

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

Verdict delivered for Atis Rambo Wenda

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

Appeal submitted for Bastian Mansoben

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

Sarmi arrests trial continues to be postponed

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

Cases of concern

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

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

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

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

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

Security forces raid Paniai church in search for weapons

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

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

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

News

Governor Enembe visits political prisoners in Abepura

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

August 2013 Papuan political prisoners

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

2013

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

2013

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

2013

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

2013

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

2013

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

2013

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

death

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

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

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

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

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June 2014: New Ormas Law used to back police repression in Papua

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 26th 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

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

 

 

 

1

 

 

 

 

Alapia Yalak

4 June 2014 Unknown Police investigation pending Yahukimo arrests Yes Yes Papua Police Headquarters
 

 

 

 

2

Ferdinandus Blagaize 24 May 2014 Unknown Police investigation pending Merauke KNPB arrests No Uncertain Okaba District police station
 

 

 

 

 

3

Selestinus Blagaize 24 May 2014 Unknown Police investigation pending Merauke KNPB arrests No Uncertain Okaba District police station
 

 

 

 

4

Lendeng Omu 21 May 2014 Unknown Police investigation pending Yahukimo arrests Uncertain Yes Yahukimo Regional police station
 

 

 

 

5

Otis Waropen 2 March 2014 Unknown Police investigation pending Nabire civilian accused of being OPM Uncertain Uncertain Nabire
 

 

 

6

Kristianus Delgion Madai 3 February 2014 Emergency Law 12/1951 6 months Sentani weapons smuggling arrests Yes No Jayapura police detention
 

 

 

 

 

 

7

Jemi Yermias Kapanai 1 February 2014 Articles 106, 108, 110 and Emergency Law 12/1951 Awaiting trial Sasawa military raid arrests Yes Yes Sorong
 

 

 

 

 

 

 

8

Septinus Wonawoai 1 February 2014 Articles 106, 108, 110 and Emergency Law 12/1951 Awaiting trial Sasawa military raid arrests Yes Yes Sorong
 

 

 

 

 

 

9

Rudi Otis Barangkea 1 February 2014 Articles 106, 108, 110 and Emergency Law 12/1951 Awaiting trial Sasawa military raid arrests Yes Yes Sorong
 

 

 

 

 

 

10

 

 

Kornelius Woniana

1 February 2014 Articles 106, 108, 110 and Emergency Law 12/1951 Awaiting trial Sasawa military raid arrests Yes Yes Sorong
 

 

 

 

 

 

11

Peneas Reri 1 February 2014 Articles 106, 108, 110 and Emergency Law 12/1951 Awaiting trial Sasawa military raid arrests Yes Yes Sorong
 

 

 

 

 

 

12

 

 

 

Salmon Windesi

1 February 2014 Articles 106, 108, 110 and Emergency Law 12/1951 Awaiting trial Sasawa military raid arrests Yes Yes Sorong
 

 

 

 

 

 

13

Obeth Kayoi 1 February 2014 Articles 106, 108, 110 and Emergency Law 12/1951 Awaiting trial Sasawa military raid arrests Yes Yes Sorong
 

 

 

14

Yenite Morib 26 January 2014 Unknown Police investigation pending Dondobaga church arrests Yes Yes Puncak Jaya regional police station
 

 

 

 

15

 

 

 

Tiragud Enumby

26 January 2014 Unknown Police investigation pending Dondobaga church arrests Yes Yes Puncak Jaya regional police station
 

 

 

16

Deber Enumby 4 January 2014 Emergency Law 12/1951 Police investigation pending Kurilik firearms arrests Yes Yes Papua Police Headquarters
 

 

17

Soleman Fonataba 17 December 2013 106, 110)1, 53, 55 Awaiting trial Sarmi 2013 Morning Star flag arrests No / not yet clear No Sarmi police detention
 

 

 

18

Edison Werimon 13 December 2013 106, 110)1, 53, 55 Awaiting trial Sarmi 2013 Morning Star flag arrests No / not yet clear No Sarmi police detention
 

 

 

19

Pendius Tabuni 26 November 2013 170)1,170)2 (3), 351)1 On trial Demonstration in support of FWPC PNG office arrests Yes Yes Abepura
 

 

 

 

20

Muli Hisage 26 November 2013 170)1,170)2 (3), 351)1 On trial Demonstration in support of FWPC PNG office arrests Yes Yes Abepura
 

 

 

21

Karmil Murib 26 November 2013 170)1,170)2 (3), 351)1 On trial Demonstration in support of FWPC PNG office arrests Yes Yes Abepura
 

 

 

 

22

Tomius Mul 26 November 2013 170)1,170)2 (3), 351)1 On trial Demonstration in support of FWPC PNG office arrests Yes Yes Abepura
 

 

 

23

Nius Lepi 26 November 2013 170)1,170)2 (3), 351)1 On trial Demonstration in support of FWPC PNG office arrests Yes Yes Abepura
 

 

 

 

24

Tinus Meage 26 November 2013 170)1,170)2 (3), 351)1 On trial Demonstration in support of FWPC PNG office arrests Yes Yes Abepura
 

 

 

25

Mathius Habel 26 November 2013 170)1,170)2 (3) On trial Demonstration in support of FWPC PNG office arrests Yes Yes Abepura
 

 

 

 

26

Agus Togoti 26 November 2013 170)1,170)2 (3) On trial Demonstration in support of FWPC PNG office arrests Yes Yes Abepura
 

 

 

27

Natan Kogoya 26 November 2013 170)1,170)2 (3), 351)1 On trial Demonstration in support of FWPC PNG office arrests Yes Yes Abepura
 

 

 

 

28

Nikolai Waisal 26 November 2013 170)1,170)2 (3), 351)1 On trial Demonstration in support of FWPC PNG office arrests Yes Yes Abepura
 

 

 

29

Penius Tabuni 26 November 2013 170)1,170)2 (3), 351)1 5 months Demonstration in support of FWPC PNG office arrests Yes Yes Abepura
 

 

 

30

Piethein Manggaprouw 19 October 2013 106, 110 2 years Third Papuan Congress demo in Biak No Yes Biak Regional police station
 

 

31

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

 

32

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

 

33

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

 

34

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

 

 

35

Stefanus Banal 19 May 2013 170 )1 1 year and 7 months Pegunungan Bintang police raid 2013 Yes Yes Abepura
 

 

 

 

36

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

 

 

37

Oktovianus Warnares 1 May 2013 106, 110, Emergency Law 12/1951 5 years Biak flag-raising, 1 May commemoration Yes Yes Biak
 

 

 

38

Yoseph Arwakon 1 May 2013 106, 110, Emergency Law 12/1951 2 years and 6 months Biak flag-raising, 1 May commemoration Yes Yes Biak
 

 

 

39

Markus Sawias 1 May 2013 106, 110, Emergency Law 12/1951 On trial Biak flag-raising, 1 May commemoration Yes Yes Biak
 

 

 

40

George Syors Simyapen 1 May 2013 106, 110, Emergency Law 12/1951 4.5 years Biak flag-raising, 1 May commemoration Yes Yes Biak
 

 

 

41

Jantje Wamaer 1 May 2013 106, 110, Emergency Law 12/1951 2.5 years Biak flag-raising, 1 May commemoration Yes Yes Biak
 

 

 

42

 

 

Domi Mom

1 May 2013 106, 110 8 months Timika flag-raising, 1 May commemoration No Yes Timika
 

 

 

43

Alfisu Wamang 1 May 2013 106, 110 8 months Timika flag-raising, 1 May commemoration No Yes Timika
 

 

44

Musa Elas 1 May 2013 106, 110 8 months Timika flag-raising, 1 May commemoration No Yes Timika
 

 

45

Eminus Waker 1 May 2013 106, 110 8 months Timika flag-raising, 1 May commemoration No Yes Timika
 

 

46

Yacob Onawame 1 May 2013 106, 110 8 months Timika flag-raising, 1 May commemoration No Yes Timika
 

 

47

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

 

48

Yordan Magablo 30 April

2013

106, 107, 108, 110, 160 and 164 1 year and 6 months Aimas 1 May commemoration No Yes Sorong
 

 

49

 

 

Obaja Kamesrar

30 April

2013

106, 107, 108, 110, 160 and 164 1 year and 6 months Aimas 1 May commemoration No Yes Sorong
 

 

50

Antonius Saruf 30 April

2013

106, 107, 108, 110, 160 and 164 1 year and 6 months Aimas 1 May commemoration No Yes Sorong
 

 

51

Obeth Kamesrar 30 April

2013

106, 107, 108, 110, 160 and 164 1 year and 6 months Aimas 1 May commemoration No Yes Sorong
 

 

 

 

52

Klemens Kodimko 30 April

2013

106, 107, 108, 110, 160 and 164 1 year and 6 months Aimas 1 May commemoration No Yes Sorong
 

 

53

Isak Klaibin 30 April

2013

106, 107, 108, 110, 160 and 164 3 years and 6 months Aimas 1 May commemoration No Yes Sorong
 

 

 

 

54

Yogor Telenggen 10 March 2013 340, 338, 170, 251, Emergency Law 12/1951 Awaiting trial Pirime shootings 2012 Yes Yes Wamena
 

 

 

 

55

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

 

 

 

56

 

 

 

 

Niko Sasomar

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

 

 

 

57

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

 

 

58

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

59

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

 

60

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

 

61

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

 

62

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

 

63

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

 

 

64

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

 

65

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

 

 

66

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

 

67

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

 

68

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

69

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

 

70

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

 

71

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

 

 

72

Linus Hiel Hiluka 27 May 2003 106 19 years and 10 months Wamena ammunition store raid Yes Yes Nabire
 

 

73

Kimanus Wenda 12 April 2003 106 19 years and 10 months Wamena ammunition store raid Yes Yes Nabire
 

 

 

 

74

 

Jefrai Murib

12 April 2003 106 Life Wamena ammunition store raid Yes Yes Abepura
 

 

75

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

 

76

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

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

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

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

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

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Papuans Behind Bars: October 2013

In brief

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

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

Arrests

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

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

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

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

Three activists arrested in Kaimana raid following prayer session commemorating IPWP

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

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

Releases

There were no reported releases in October 2013.

Political trials and cases overview

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

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

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

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

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

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

Deteriorating health and unfair trial procedures in Aimas 1 May case

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

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

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

Timika 1 May detainees charged with treason denied medical treatment

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

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

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

Parole application for Wamena ammunition store raid prisoners rejected

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

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

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

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

Public Prosecutor presents indictment in Sarmi treason trial

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

Cases of concern

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

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

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

News

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

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

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

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

October 2013 Papuan political prisoners

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

2013

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

2013

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

2013

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

2013

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

2013

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

2013

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

death

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

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

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

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

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

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Edison Waromi

Edison Waromi, born in 1964, is a lawyer and the Executive President of the West Papua National Authority (Otoritas Nasional Papua Barat), an organisation which campaigns for Papuan independence. Mr Waromi was first arrested in October 2003, in connection with his leadership role in the commemoration of the West Melanesia State’s fourteenth anniversary (see below). On 7 July 2011, he participated in the drafting of the Papuan Peace Declaration, as part of the “Dialog Jakarta-Papua” process advocated by Dr Muridan Widjojo and Dr Neles Tebay.

From 17 to 19 October 2011, the Third Papuan People’s Congress was attended by more than 4,000 Papuan participants, and took place at the Zacheus football field of the Catholic Mission in Padang Bulan, near the provincial capital of Jayapura. The ‘Morning Star’ flag was raised at the event. According to the Asian Human Rights Commission (AHRC), around 2,200 members of the Indonesian military (Tentara Nasional Indonesia, TNI) and the police Mobile Brigades (Brigade Mobil, known locally as ‘Brimob’) were present. At least 100 members of the security forces reportedly surrounded the area with police cars, armoured vehicles, and heavy firearms, whereas the participants were unarmed.

On 19 October 2011, according to the AHRC and the Jakarta Globe, Mr Waromi was elected as the Prime Minister of the newly-declared West Papuan Federal State. At 14:00 local time, Mr Yaboisembut, elected president of the West Papuan Federal State, read out a political declaration about the self-determination of Papuan people. He reportedly said that the objective of the Congress was not to destroy the Republic of Indonesia, but to discuss the basic rights of the indigenous Papuan people.

Following the declaration, the Congress ended and participants began to disperse to return to their homes. Security forces began to fire shots into the air and reportedly used tear gas on the retreating crowd whilst beating participants, resulting in dozens injured. Around 300 persons were arrested and taken into custody in trucks, most of whom were later released. Video footage of the event, obtained by Down to Earth and TAPOL, has confirmed that a large number of shots were fired, and that unarmed Congress participants were beaten.

According to AHRC and the Jakarta Globe, Mr Waromi was arrested with his wife and child, along with four of the other Congress organisers; Forkorus Yaboisembut, August Makbrawen Sananay Kraar, Dominikus Sorabut, and Gat Wenda. On 20 October, Selpius Bobii, Chairman of the Congress, surrendered to the police. Gat Wenda was charged with Emergency Law 12 of 1951 for possession of a sharp weapon. The remaining five men were charged with treason (article 106 of the Indonesian Penal Code), conspiracy (article 110), and public incitement to violence against the authorities (article 160).

Gat Wenda was tried, sentenced to five months imprisonment and then released, as he had already served this time in detenion. Mr Waromi and the other four defendants were tried at the State Court in Abepura over 13 sessions, starting on 30 January 2012. On 16 March 2012, the four men were found guilty and sentenced to three years’ imprisonment – two years less than the five years requested by the Public Prosecutor. The defendants’ legal team and the Public prosecutor both appealed the decision on 4 April and the case was referred to the High Court. On 11 May 2012, the appeal was rejected by the High Court, which decision was again appealed by the defendants’ legal team, who took the case to the Supreme Court. On 24 July 2012, the Supreme Court issued Decision MA No.1029K/PD/2012 rejecting the appeal which had been made on behalf of the five defendants.

2002 Arrest

Before his arrest in 2011, Edison Waromi had already spent much of the last two decades in jail for his political beliefs. As his friend Herman Wanggai has recounted in an internet blog, Mr Waromi was first jailed in 1989 for twelve years, then in 2001 for six months, then again for two years in 2002, before being arrested once again at the Third Papuan Congress.

The 2002 arrest was due to an action to raise the 14-star flag of the West Melanesian State. Edison Waromi was arrested together with Herman Wanggai and Yordan Ick. An article in the Jakarta Post newspaper explains that the event, which took place on 14 December 2002 at the Cenderawasih University Compound, was in commemoration of the fourteenth anniversary of the day when Thom Wanggai (Herman Wanggai’s uncle) proclaimed West Melanesia as an independent state. Edison Waromi and Yordan Ick had both been present that day in 1988; it was the occasion of their first arrest and subsequent imprisonment.

Edison Waromi was charged with treason under articles 106 and 110 of the Indonesian Criminal Code. Articles in the local Cenderawasih Pos newspaper followed the progress of their trial. One article explains that the three defendants presented demurrers in which they affirmed their belief in the West Melanesian State and presented the whole process of their arrests, detention and trial as a violation of their human rights. Edison Waromi‘s demurrer bore the title “Melanesians in a Malay court.”

On 9 October 2003, Edison Waromi and Herman Wanggai were both sentenced to two years in prison, the full amount that the prosecution had demanded. A Cenderawasih Pos article quotes Edison Waromi as he received his sentence as saying “It is not the first time I received a sentence like this, and it proves that the Papuan problem cannot be resolved only by means of law and justice. Just as Nelson Mandela struggled for his country, and as with East Timor, we will keep resisting whatever the risks.”

Sometime after their sentencing, the three men went missing from the Abepura jail. The Cenderawasih Pos reports that Edison Waromi was re-arrested in Abepura on 1 December 2003 and served the rest of his sentence. Herman Wanggai at that time had travelled to Sorong, but it is not clear whether he then returned to prison. Yordan Ick had already served all ofhis 10 month sentence.

Sources

Amnesty International, “Indonesia: release participants of peaceful gathering in Papua,” 20 October 2011,
http://www.amnesty.org/en/library/asset/ASA21/033/2011/en/5eb8e86b-1945-4f87-8ef2-d9c7022e7985/asa210332011en.pdf

Asian Human Rights Commission, “Papuan Peace Declaration,” 12 July 2007,
http://www.humanrights.asia/news/forwarded-news/AHRC-FST-041-2011/?searchterm=

Asian Human Rights Commission, “Security forces open fire at the Third Papuan People’s Congress,” 19 October 2011,
http://www.humanrights.asia/news/press-releases/AHRC-PRL-042-2011

Asian Human Rights Commission, “Troops open fire on Papuan gathering,” 20 October 2011,
http://www.humanrights.asia/news/forwarded-news/AHRC-FAT-055-2011/?searchterm=

Asian Human Rights Commission, “Indonesia: one person killed, hundreds arrested, and five persons charged with rebellion at the Third Papuan People’s Congress,” 20 October 2011,
http://www.humanrights.asia/news/urgent-appeals/AHRC-UAC-213-2011

East Timor and Indonesia Action Network, “Congressman Faleomavaega calls upon government of Indonesia to ensure safe and humane treatment for West Papuans in custody and to work for their release,” 21 October 2011,
http://www.etan.org/news/2011/10faleo.htm

Harian Cenderawasih Pos, “Satu Terpidana “Bintang 14” Ditangkap – Yang Lainnya Sudah Diidentivikasi Keberadaannya,” 2 Desember 2003, http://dir.groups.yahoo.com/group/Komunitas_Papua/message/1232

Harian Cenderawasih Pos, “Terdakwa ‘Bintang 14’ Dinyatakan terbukti bersalah Dinilai Memenuhi Unsur Dakwaan,” 10 Oktober 2003, http://groups.yahoo.com/group/Komunitas_Papua/message/1068

Harian Cenderawasih Pos, “EKSEPSI KASUS MAKAR “BINTANG 14” DOBEL -Para Terdakwa Tolak Isi Dakwaan Jaksa,” 17 Juni 2003, http://groups.yahoo.com/group/Komunitas_Papua/message/684

Herman Wanggai, “West Papua. Trial on Monday 30th of January 2012. Where is our Freedom and Justice?,” January 2012 http://hermanwainggai.blogspot.com/2012/01/west-papua-where-is-our-freedom-and.html

Jakarta Globe, “Dozens injured as Papua group declares independence from Indonesia,” 19 October 2011,
http://www.thejakartaglobe.com/home/dozens-injured-as-papua-group-declares-independence-from-indonesia/472697

Jakarta Globe, “At Papuan Congress, a brutal show of force,” 22 October 2011,
http://www.thejakartaglobe.com/editorschoice/at-papuan-congress-a-brutal-show-of-force/473327

Jakarta Post, “Two Papuans sentenced to jail for state treason,” 10 October 2003,
http://www.thejakartapost.com/news/2003/10/10/two-papuans-sentenced-jail-state-treason.html

Jakarta Post, “Police arrest three over seperatist street parade,” 16 December 2002, http://www.thejakartapost.com/news/2002/12/16/police-arrest-three-over-separatist-street-parade.html
Nethy Dharma Somba, “Papuan people warned against celebrating independence,” Jakarta Post, 14 December 2004,
http://www.thejakartapost.com/news/2004/12/14/papuan-people-warned-against-celebrating-independence.html

TAPOL, East Timor and Indonesia Action Network, West Papua Advocacy Team, “Indonesian crackdown on Papuan Congress sparks outrage,” 20 October 2011,
http://www.etan.org/etanpdf/2011-13/TAPOL%20WPAT%20ETAN%20Crackdown%20sparks%20outrage.pdf

Video : Metro TV, Polisi Buru Peserta Kongres Pendirian Negara Papua,» 19 October 2011, http://www.youtube.com/watch?v=9eB_lHvxGdg

Video: West Papua Media, “Edison Waromi during long march to Papuan People’s Congress,” 18 October 2011,
http://vimeo.com/30762338

Last updated: 4 January 2013

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Gat Wenda

Gat Wenda is a member of the Guardians of the Land of Papua (Penjaga Tanah Papua, PETAPA), an indigenous community security organisation. He also participated in the organisation of the October 2011 Third Papuan People’s Congress, which lead to his arrest under treason charges.

From 17 to 19 October 2011, the Third Papuan People’s Congress was attended by more than 4,000 Papuan participants, and took place at the Zacheus football field of the Catholic Mission in Padang Bulan, near the provincial capital of Jayapura. The ‘Morning Star’ flag was raised at the event. According to the Asian Human Rights Commission (AHRC), around 2,200 members of the Indonesian military (Tentara Nasional Indonesia, TNI) and the police Mobile Brigades (Brigade Mobil, known locally as ‘Brimob’) were present. At least 100 members of the security forces reportedly surrounded the area with police cars, armoured vehicles and heavy firearms, whereas the participants were unarmed.

On 19 October 2011 at around 14:00 local time, a political declaration about the self-determination of Papuan people was read out by Mr Forkorus Yaboisembut and Mr Edison Waromi, who had just been elected as political leaders of what was declared to be the West Papuan Federal State.

Following the declaration, the Congress ended and participants began to disperse to return to their homes. Security forces began to fire shots into the air and reportedly used tear gas on the retreating crowd whilst beating participants, resulting in dozens injured. Around 300 persons were arrested and taken into custody in trucks, most of whom were later released. Video footage of the event, obtained by Down to Earth and TAPOL, has confirmed that a large number of shots were fired, and that unarmed Congress participants were beaten.

Mr Wenda was arrested along with four of the other Congress organisers; Forkorus Yaboisembut, Edison Waromi, Dominikus Sorabut, and August Makbrawen Sananay Kraar. On 20 October, Selpius Bobii, Chairman of the Congress, surrendered to the police. While the other five men were charged with treason, Mr Wenda was charged under the 1951 Emergency Law on possession of a sharp weapon, and sentenced to five months in prison. He was released on 15 March 2012, having already spent four months in detention. The other five men were each sentenced to three years imprisonment.

Sources

Amnesty International, “Indonesia: release participants of peaceful gathering in Papua,” 20 October 2011,
http://www.amnesty.org/en/library/asset/ASA21/033/2011/en/5eb8e86b-1945-4f87-8ef2-d9c7022e7985/asa210332011en.pdf

Asian Human Rights Commission, “Security forces open fire at the Third Papuan People’s Congress,” 19 October 2011,
http://www.humanrights.asia/news/press-releases/AHRC-PRL-042-2011

Asian Human Rights Commission, “Troops open fire on Papuan gathering,” 20 October 2011,
http://www.humanrights.asia/news/forwarded-news/AHRC-FAT-055-2011/?searchterm=

Asian Human Rights Commission, “Indonesia: one person killed, hundreds arrested, and five persons charged with rebellion at the Third Papuan People’s Congress,” 20 October 2011,
http://www.humanrights.asia/news/urgent-appeals/AHRC-UAC-213-2011

East Timor and Indonesia Action Network, “Congressman Faleomavaega calls upon government of Indonesia to ensure safe and humane treatment for West Papuans in custody and to work for their release,” 21 October 2011,
http://www.etan.org/news/2011/10faleo.htm

Human Rights Watch, “Indonesia: independent investigation needed into Papua violence,” 27 October 2011,
http://www.hrw.org/news/2011/10/28/indonesia-independent-investigation-needed-papua-violence

Jakarta Globe, “Dozens injured as Papua group declares independence from Indonesia,” 19 October 2011,
http://www.thejakartaglobe.com/home/dozens-injured-as-papua-group-declares-independence-from-indonesia/472697

Jakarta Globe, “At Papuan Congress, a brutal show of force,” 22 October 2011,
http://www.thejakartaglobe.com/editorschoice/at-papuan-congress-a-brutal-show-of-force/473327

TAPOL, East Timor and Indonesia Action Network, West Papua Advocacy Team, “Indonesian crackdown on Papuan Congress sparks outrage,” 20 October 2011,
http://www.etan.org/etanpdf/2011-13/TAPOL%20WPAT%20ETAN%20Crackdown%20sparks%20outrage.pdf

Video : Metro TV, “Polisi Buru Peserta Kongres Pendirian Negara Papua,» 19 October 2011, http://www.youtube.com/watch?v=9eB_lHvxGdg

Last updated : 4 Januari 2013

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