In brief

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

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

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

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

Arrests

Twenty KNPB members arrested in Boven Digoel police raid

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

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

Two detained in Yahukimo due to dissenting political beliefs

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

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

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

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

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

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

Three KNPB Timika activists detained overnight

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

KNPB Merauke activist detained, Secretariat surrounded

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

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

Releases

Ferdinand Pakage released

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

August Kraar released

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

Samuel Womsiwor released

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

Political trials and cases overview

Student demonstrator sentenced to six months’ imprisonment

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

Deber Enumby still not given legal representation

A local human rights source reported that Deber Enumby, who was arrested in Kurilik village in Puncak Jaya on 4 January 2014 and is currently detained in Papua Police Headquarters, is still without legal representation. He was arrested following the theft of eight firearms from the Kurilik police post by suspected members of the National Liberation Army / Free Papua Movement (Tentara Pembebasan Nasional, TPN / Organisasi Papua Merdeka, OPM). He was charged with Emergency Law 12/1951 and potentially faces the death penalty, according to Papua police.

Trial for 11 men detained in 26 November arrests delayed

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

Cases of concern

Dutch Papuan arrested for carrying Morning Star flag in Netherlands

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

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

News

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

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

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

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

June 2014 Papuan political prisoners

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

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

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

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

In brief

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

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

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

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

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

Arrests

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

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

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

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

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

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

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

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

Nabire: Three men subjected to police brutality

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

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

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

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

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

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

Releases

There were no reported releases in April 2014.

Political trials and cases overview

Sasawa: Six detainees tortured on arrest

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

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

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

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

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

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

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

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

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

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

Concerns over accusations towards student demonstrator

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

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

High Court increases prison sentences for five Biak 1 May detainees

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

Ex-detainees forced to act as informants

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

Prosecutor demands lengthy prison sentence for peaceful demonstrator

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

Jefrai Murib experiences heavy stroke

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

Cases of concern

Nabire human rights defender faces intimidation by police

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

KNPB prayer session in Merauke monitored by intelligence and military

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

News

International solidarity groups demand release of political prisoners

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

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

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

April 2014 Papuan political prisoners

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

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

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

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

In brief

At the end of March 2014, there were at least 73 political prisoners in Papuan jails.

In two separate cases, six men arrested in Sasawa in February and two men arrested in Sarmi in December 2013 are facing trial for conspiracy to commit treason under Articles 106 and 110 of the Indonesian Criminal Code. While the Sasawa detainees are accused of possession of weapons  and being members of the West Papuan National Army (Tentara Nasional Papua Barat, TNPB), Edison Werimon and Soleman Fonataba in the Sarmi arrests were charged because they were found in possession of West Melanesian 14-Star flags and other allegedly treasonous documents.

The charge of conspiracy to commit treason continues to be applied to a wide range of alleged offences, including peaceful political activities such as the possession of flags. The arrests of Werimon and Fonataba, which took place just weeks ahead of the January visit of the Melanesian Spearhead Group delegation, suggests that Indonesia is working to suppress a developing Melanesian identity among indigenous Papuans.

Interviews conducted by local human rights workers revealed that in both the case of the Kerom civilians arrests and the 26 November Jayapura arrests, Jayapura police had fabricated the contents of the police investigation reports. Prison authorities continue to refuse urgent medical treatment needed for Stefanus Banal, who sustained serious injuries after being shot by police in a raid in Oksibil. Failure on the part of the authorities to meet their legal obligations to provide fair trials and adequate healthcare to political detainees continues to exacerbate tensions between indigenous Papuans and the state.

Since June 2013, human rights defenders, particularly from the Papuan Student Youth Movement (Gerakan Mahasiswa Pemuda Rakyat Papua, Gempar-P), have been holding demonstrations condemning the secretive drafting of the Special Autonomy (Otsus Plus) bill. Security forces have continued to react repressively by dispersing these demonstrations and ill-treating protestors. A demonstration organised by Gempar-P on 11 March was dispersed by Jayapura police on the grounds that, among other reasons, the group was not registered with the Department of National Unity and Politics (Kesatuan Bangsa dan Politik, Kesbangpol). This is a recurrent technique used by police to de-legitimise and control indigenous civil society groups, who tend to find that if they do attempt to register with the Kesbangpol, their applications are ignored. The lack of political will on the part of the government for broad engagement with civil society on pressing issues such as Special Autonomy reflects a staunch unwillingness to consider a range of Papuan views. Indonesia’s top-down approach to development in Papua is causing unrest. When criticisms are expressed through peaceful protest, such actions are met with heavy-handed tactics leading to further unrest. Intransigent government approaches to development in Papua are in this way becoming a significant factor in fuelling instability.

Arrests

Nabire farmer accused of being OPM arrested

On 2 March, Otis Waropen, a farmer from Sima village in Nabire was arrested by Nabire Regional police and Brimob (Mobiles Brigades) forces. He is accused of being a member of the Free Papua Movement (Organisasi Papua Merdeka, OPM), an armed pro-independence movement. Simon Petrus Hanebora, the chief of the local Yerisiam tribe told Majalah Selangkah that Waropen was a farmer with no political affiliations. He requested for Brimob forces to leave Yaur district in Nabire as they mistreat residents. The charges against Otis Waropen are still unclear.

Releases

Sarmi treason detainee released

On 1 February, Daniel Norotouw, one of four men arrested on 3 March 2013 and accused of treason, has been released after the completion of his one year prison sentence. The four men state that they were carrying out a socialisation event in Sarmi aimed at planning an event on 1May, the date marking the administrative transfer of Papua to Indonesia. Norotouw was sentenced to one year imprisonment while Isak Demetouw, Niko Sasomar and Sileman Teno were sentenced to two years and two months’ imprisonment for allegedly possessing weapons.

Three arrested in Kontiunai village military raid released

Information from human rights lawyers who visited detainees in Serui Regional police station revealed that the three men detained following a raid in Kontiunai village in Yapen island have been released. It is believed that Matias Merani was released in early March. Agus Wondiwoi and Piter Merani initially faced charges of possession of ammunition under the Emergency Law 12/1951 but have since been released. According to information obtained by human rights lawyers from Yapen police, the two men were released as they were not ‘primary targets’. Police continue to conduct search operations in Konti and Menawai for alleged West Papua National Army (Tentera Nasional Papua Barat, TNPB) leader Rudi Orarei. Local sources report that the situation in these areas is still unstable and that civilians have not been able to resume normal daily activity.

Political trials and cases overview

Six detained in Sasawa arrests charged with treason

Information received from human rights lawyers state that six out of the seven men who were arrested during a large-scale military raid in Sasawa village in Yapen island face charges of conspiracy to commit treason under Articles 106, 108 and 110 of the Indonesian Criminal Code and posession of weapons under the Emergency Law 12/1951. Septinus Wonawoai has been released but is required to report to the police, continues to be investigated and may face trial.

As reported in the February update, some among the men are civilians unassociated with the armed pro-independence movement the West Papua National Army (Tentara Nasional Papua Barat, TNPB). It is still uncertain which among the six men – Salmon Windesi, Peneas Reri, Kornelius Woniana, Obeth Kayoi, Rudi Otis Barangkea and Jimmi Yermias Kapanai – are civilians unaffiliated to the TNPB. Human rights lawyers are seeking to represent the six men but are hindered due to lack of operational funds. Flights to the area from Jayapura via Biak are expensive, and by ship the journey takes one week.

Abepura prison authorities refuse to pay for urgent operation for Stefanus Banal

Human rights workers reported the deteriorating physical condition of Stefanus Banal who is in need of an urgent medical procedure to remove metal rods that were inserted to fix his broken shin bone.  Banal was shot by police in a raid in Oksibil in the Pegunungan Bintang regency. A local human rights activist who interviewed Banal reports that he is experiencing pain in his leg which appears to show signs of infection. Abepura prison authorities have refused to meet the costs of the operation and are neglecting their responsibility to provide adequate healthcare. Instead they have passed the responsibility on to Banal’s family, who cannot afford the operation required.

Police fabricate investigation report in case of Kerom civilian arrests

As reported in the February update, three civilians were arrested in Kerom for an incident in which they had no involvement, where local villagers challenged security forces who had illegally logged wood. Yulianus Borotian, Petrus Yohanes Tafor and Wilem Tafor are on trial under charges of violence against property and persons under Article 170 of the Indonesian Criminal Code. The three men are accused of murdering a police officer who had died in the incident on 13 December 2013, when police had clashed with a group of men who protested their attempts to steal local resources. According to human rights investigators, Kerom police fabricated the contents of the police investigation report (Berita Acara Pemeriksaan, BAP) for their case.

10 detainees in November Jayapura arrests to face trial

On 26 November 2013, 12 men were detained following a demonstration in Jayapura in support of the opening of a Free West Papua Campaign (FWPC) office in Papua New Guinea. Even though they had no involvement in the demonstration, 11 of the 12 men detained were brought to trial. On 11 February, 16-year-old Nikson Mul was released pending appeal. In late February, Penius Tabuni was sentenced to five months’ imprisonment and is expected to be released in April 2014.

The remaining ten detainees– Pendius Tabuni, Muli Hisage, Karmil Murib, Tomius Mul, Nius Lepi, Tinus Meage, Mathius Habel, Agus Togoti, Natan Kogoya and Nikolai Waisal – are on trial for charges of violence against persons or property under Articles 170 and 351 of the Indonesian Criminal Code.

Human rights workers reported that testimony in court stated that witnesses were not aware of the involvement of the ten detainees in the demonstrations on 26 November 2013. Local sources also reported the alleged forging of the police investigation report (Berita Acara Pemeriksaan, BAP). As reported in the January update, the twelve detainees were forced to sign the fabricated police investigation report and were interrogated without the presence of a lawyer. They are currently receiving legal accompaniment from the Papuan Legal Aid Foundation (Lembaga Bantuan Hukum, LBH).

Prosecutor accuses two Sarmi detainees of conspiracy to commit treason

Information in the prosecution letter (surat dakwaan) for Edison Werimon and Soleman Fonataba states that the two men are accused of conspiracy to commit treason under Articles 106 and 110 of the Indonesian Criminal Code because West Melanesian 14 Star flags (not Morning Star flags, as reported in our January update) and allegedly treasonous documents were found in their homes.

The prosecution letter stated that on 13 December 2013, upon finding a West Melanesian 14 Star flag hung on the wall of Edison Werimon’s front room, Sarmi police arrested him and searched his home. Police reportedly found documents that detailed a meeting on 2 November 2013 hosted at Werimon’s home. The letter also stated that the purpose of the meeting was to form a pro-Melanesian body called the ‘Republic Regional Melanesian Sarmi Senate,’ with Soleman Fonataba as their leader. Sarmi police then searched Fonataba’s home even though they did not have a search warrant and reportedly found four West Melanesian 14 star flags and other pro-Melanesian documents. He was later arrested on 17 December.

Human rights lawyer Gustaf Kawer told Jubi that the police searches were unprocedural and condemned their actions as thuggish. Kawer reported that fully armed police entered Werimon’s home and threatened Werimon’s son at gunpoint, forcing him to lay on his stomach during the search. Fonataba’s wife expressed disappointment at the way police conducted the search, stating that before surrounding her home, police first entered by climbing through the window. When she asked the police why they were searching the home, they said they did not have a reason. Police confiscated a small suitcase, three machetes and a few small axes. They also seized her childrens’ diploma certificats and IDR 1,600,000, but these were later returned. The trial is expected to begin in April.

News

Demonstration protesting Otsus Plus blocked

On 11 March, the Papuan Student Youth Movement (Gerakan Mahasiswa Pemuda Rakyat Papua, Gempar-P) held another demonstration protesting the secretive drafting of the Special Automy Plus (Otsus Plus) bill. University students gathered outside the campus of Cenderawasih University (UNCEN) to head towards the office of the Governor where they intended to hold their demonstration. However, according to a report by local human rights workers, Jayapura Regional police blocked demonstrators from doing so, stating in a letter rejecting the peaceful demonstration that Gempar-P was not a registered organisation with the Department for National Unity and Politics (Kesatuan Bangsa dan Politik, Kesbangpol). Police also wrote that ex-political prisoner and Gempar-P leader Yason Ngelia had communicated anti-Indonesian sentiment in his previous speeches.

Demonstrators demanded that Indonesian authorities stop the drafting of the Special Autonomy bill and called on the local government to consult with Papuan society and hold a referendum on Special Autonomy. Due to the heavy presence of security forces blocking their way to the Governor’s office, the demonstrators were forced to disperse. Human rights workers criticised the police action as closing democratic space in Papua.

 March 2014 Papuan political prisoners 

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

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

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

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

In brief

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

Multiple reports this month highlighted large-scale military and police operations in Yapen island and Puncak Jaya, resulting in human rights abuses againsts the civilian populations in those areas. Civilians faced arbitrary arrest, enforced mass evacuations, death threats, indiscriminate shooting and torture by security forces. Homes, churches and schools were targeted and extensively damaged in the raids, allegedly on the pretext of uncovering hidden weapons. Two women and six children were among those detained during the raid in Yapen island.

Use of excessive force by police has resulted in three detainees requiring emergency medical treatment for gunshot wounds at Bhayangkara Jayapura Hospital. Authorities have subsequently made no effort to ensure that these men received sufficient treatment for their serious injuries. The family of one of the men, Stefanus Banal, was also forced to pay for the costs of transferring him from Wamena to Jayapura for an urgent operation. State negligence towards injuries sustained by political prisoners, often caused by the use of excessive force during arrest, is a continuing problem in Papua. The failure of police and prison authorities to meet their duty of care to political prisoners is a symptom of discriminatory attitudes which continue to fuel indigenous Papuan grievances towards the state.

Arrests

University student active in demonstrations arrested for allegedly smuggling weapons

On 3 February, Kristian Delgion Madai was arrested while in transit at Sentani Airport, for allegedly smuggling eight 8.4mm calibre bullets. Madai, a student with the Christian University of Indonesia (Universitas Kristen Indonesia, UKI) in Jakarta, stated his innocence. According to reports from Jubi, Madai was previously active in peaceful student demonstrations in response to visiting delegations of Melanesian Spearhead Group (MSG) leaders in January. He is receiving legal accompaniment from local human rights lawyers in Jayapura.

Arrests of women, children and civilians following large-scale military raid in Yapen island

According to a report from a human rights worker, on 1 February, 17 arrests were made following a large-scale military raid in Sasawa village in Yapen island, an area thought to have a heavy presence of TNPB (Tentera Nasional Papua Barat, West Papuan National Army). Women and children were among those arrested. The TNPB are a relatively new pro-independence armed movement whose associations with the National Liberation Army/Free Papua Movement (Tentara Pembebasan Nasional, TPN / Organisasi Papua Merdeka, OPM) are unclear. The raid was reportedly conducted by a joint military and police task force from the Papuan Provincial police, Sea Police, (Polisi Air, Polair), Siliwangi Military Unit and Serui Military Batallion.

Residents of the surrounding villages of Kamanap and Kanawa were reportedly beaten, tortured and given death threats by security forces who forced them to reveal TNPB active areas. Security forces surrounded Sasawa village and shot indiscriminately at residents, leading to forced mass evacuations. Widespread damage was caused to ransacked houses, a school and a church. Personal items belonging to residents such as machetes, arrows, bows and spears were also confiscated by security forces. One TNPB member died and three security force officials were injured during the raid.

Seven out of the 17 people arrested during the raid remain in detention in Yapen regional police station. The seven men – Jemi Yermias Kapanai, Septinus Wonawoai, Rudi Oti Barangkea, Kornelius Woniana, Peneas Reri, Salmon Windesi and Obeth Kayoi – are undergoing police investigation. They are not currently receiving legal accompaniment. According to a local source, a lawyer has expressed interest in providing legal support to the men but is hindered by lack of operational funds. Jubi reported that the security forces claimed to have seized 13 homemade firearms, 11 long firearm barrels, two short firearm barrels, two sickles, two fish bombs and two Morning Star flags among other items. According to credible information from a local investigator, four of the seven men detained are civilians unassociated with the TNPB.

On 27 February, in separate arrests relating to the Sasawa raid, police detained the wife and three children of alleged TNPB leader Rudi Orarei. Orarei’s wife was interrogated regarding his activities and she and her children were released the following day. On 28 February, a civilian named Piter Merani, his wife and three children were arrested in a raid in Kontiunai village in Yapen island. A report from a local human rights source described the raid as similar to the one in Sasawa. It is believed that Merani’s family has since been released, while he remains in detention. Two other civilians – Matias Merani and Agus Wondiwoi – were also arbitrarily arrested on the same day and remain in detention alongside Piter Merani. They were reportedly arrested by a roadside in Kontinuai village, beaten and dragged away by members of the police Mobile Brigades (Brigades Mobil, Brimob). All three men are awaiting trial but it is still unclear what charges they face.

Civilians arrested and shot in Pegunungan Bintang raid following arson attack on police post

A report received from a local human rights investigator has revealed information regarding the arrest of 11 men during a police raid on 19 May 2013 in Oksibil in the Pegunungan Bintang regency. Police raided houses in Oksibil two hours after an arson attack by local residents on the Pegunungan Bintang regional police station. Residents reportedly attacked the police station in response to an earlier incident on 15 May 2013 where civilian Leo Klasikmabin was arbitrarily detained and tortured by police.

Residents of the local area fled their homes as police forces raided the area, shooting indiscriminately. Several people were arrested during the raid, and 11 people remain in detention. The 11 men are Stefanus Banal, Isaias Taplo, Agus Yamsin, Nesius Kalaka, Wilem Alwolmabin, Yakob Alia, Ruben Sitokmabin, Kelly Sasaka, Manu Wambongko, Ery Kalakmabin and Manu Kalakmabin. Stefanus Banal, who reportedly had no involvement in the attack on the police station, was shot in the leg and sustained severe injuries during the police raid. He was taken by police to the Oksibil Pegunungan Bintang Hospital for an emergency operation and was later transferred to Bhayangkara Jayapura Hospital where he received further treatment for five weeks. The medical treatment he received at Bhayangkara Jayapura Hospital also appeared to be inadequate. An operation to remove metal rods that were inserted to fix his broken shin bone was postponed for six months by hospital doctors.  Following this, he was detained at the Papuan Provincial police station for another two months and one week. He was then sentenced to one year and seven months’ imprisonment to be served in Wamena prison.

During his detention in Wamena prison, police and local government authorities neglected to fulfill their responsibilities of providing adequate medical treatment for Banal. Instead, his family was expected to attend to his medical needs. On 6 February 2014, Banal was sent to Jayapura for an operation required to remove previously inserted metal rods.  According to an interview with a relative in Jubi, Banal’s family had to pay for the travel expenses incurred from his transfer from Wamena to Abepura – costs that should have been covered by the authorities. He is currently serving the rest of his sentence at Abepura prison. The livelihood of his wife and four children have been severely impacted since his detention.

Information from a local source states that while some of the ten other men arrested were involved in the arson attack on the police post, others like Banal had no involvement in the incident. Due to the difficulty obtaining information from Pegunungan Bintang, it is still unclear who among the ten detained were civilians that had no involvement in the attack. Following their arrest, the ten men were detained in Pegunungan Bintang regional police station for two months before being charged with Article 170 for violence against persons or property. They were sentenced to one year and seven months’ imprisonment and are currently serving their prison terms in Wamena prison.

Three civilians arbitrarily arrested in Kerom regency

According to information received from a human rights investigator, three civilians – Yulianus Borotian, Petrus Yohanes Tafor and Wilem Tafor –  were arrested on 13 December 2013 in Kerom for an incident they had no involvement in. At around 20:00 Papua time, a group of young men who had been drinking blocked a truck transporting wood that had been illegally logged, in protest at the theft of local resources by security forces. Several police officers who were travelling on the truck called for backup from the Kerom district police station. Two hours later, heavily armed police officers arrived in a police truck and two police patrol vehicles and started shooting directly at the group of young men blocking the truck. The group of men threw stones and sticks at the police officers before running away. The clash resulted in the death of one police officer, though reports indicate that the cause of death is unclear.

Police then proceeded to search the surrounding area, shooting indiscriminately into houses and causing extensive damage. Yulianus Borotian was shot in the neck and lost consciousness when upon hearing shots outside, he approached the entrance to his home. When police approached the home of Wilem Tafor to arrest him, his younger brother threw a stone at the police. Police reacted by shooting him in the hand and stomach. Both brothers were then arrested and brought to Kerom regional police station. According to a report from a local human rights source, all three men had no involvement in the earlier incident.

Yulianus Borotian and Petrus Tafor were later brought to Kerom Hospital to seek treatment for their gunshot wounds, but because of a lack of facilities were then transferred to Bhayangkara Jayapura Hospital. They received medical treatment for a month before they were returned to detention in Kerom Regional police station. According to the latest information received from human rights workers, the gunshot wounds sustained have not fully healed and both men still suffer from pains.

On 7 February, their case was transferred to the Prosecution. They are charged under Article 170 of the Indonesian Criminal Code for violence against persons or property and are currently detained in Abepura prison. The men are receiving legal accompaniment from lawyers with the Civil Society Coalition for the Upholding of Law and Human Rights in Papua.

Releases

Three political prisoners released from Abepura prison

Information received from a local human rights worker reported the release of three political prisoners from Abepura prison.

On 7 February, Yason Ngelia, student leader at Cenderawasih University (Universitas Cenderawasih, UNCEN), was released after completion of his three-month sentence. He was arrested on 7 November 2013 for leading a demonstration against the secretive drafting of the Special Autonomy Plus (Otsus Plus) bill but was instead charged with Article 351 for allegedly assaulting another UNCEN student. Commenting in Majalah Selangkah, Ngelia stated that police had tried to intimidate him and other detainees into not participating in further demonstrations by beating and threatening them in detention.

On 12 February, Andinus Karoba was released on parole and is required to report to the Jayapura Office of the Ministry of Law and Human Rights for the next three months. Karoba was sentened to one year and ten months’ imprisonment for theft under Article 365 of the Indonesian Criminal Code. Information received from local human rights sources suggests that Karoba was targeted due to his family history and work as an activist with the Koteka Council of Indigenous Peoples (Dewan Masyarakat Adat Koteka, Demmak).

On 11 February, 16-year-old Nikson Mul was released pending appeal when the Jayapura Public Prosecutor decided not to extend his detention. The minimum age to be detained in an adult prison in Indonesia is 18 years old. Mul was among the 12 detainees arrested on 26 November 2013 following clashes between demonstrators and police in Jayapura. The 12 men, who were reportedly not involved in the demonstrations, have been tortured while in detention in Jayapura Regional police station and have had no legal accompaniment since their arrest.

Bastian Mansoben released from Biak prison

On 17 February, Bastian Mansoben was released pending appeal on a technicality, when an extension for his detention was not issued by the Chairman of the Supreme Court of Indonesia. Mansoben, an activist with the West Papua National Committee (KNPB, Komite Nasional Papua Barat) was sentenced to three years and six months’ imprisonment in June 2013 for possession of explosives. His lawyer had argued against the sentence given the absence of any strong evidence.

Political trials and cases overview

Six in Biak 1 May trial sentenced

On 11 February, five of the six men in the Biak 1 May case were sentenced to prison. Oktovianus Warnares, the leader of the peaceful flag-raising ceremony on 1 May 2013, was sentenced to three years’ imprisonment. George Syors Simyapen received a sentence of two-and-a-half years, both Jantje Wamaer and Markus Sawias received two years and Yoseph Arwakon was sentenced to one year and eight months’ imprisonment. After campaigning by local groups, lawyers and international NGOs, Yohanes Boseren, who developed mental health issues brought on by heavy beatings at the time of his arrest, was released on the same day.

The Public Prosecutor has since submitted an appeal against the court decision, stating that the Biak 1 May case constituted “an extraordinary crime that undermined the existence of the Republic of Indonesia.” The appeal will be considered in the Biak High Court.

Human rights lawyers to air complaints against police during pre-trial hearing of Sarmi Morning Star flag arrests case

The pretrial hearing for the case of Soleman Fonetaba and Edison Werimon in the Sarmi 2013 Morning Star flag arrests will hear complaints filed by their lawyers against the Sarmi regional police for misconduct. They argue that police conduct during the arrest, detention and investigation of Soleman Fonetaba and Edison Werimon was against legal procedure. The men are accused of conspiracy to commit treason under Articles 106, 110, 53 and 55 of the Indonesian Criminal Code.

Trial begins for Pithein Manggaprouw

On 27 February, Biak District Court judges ruled against the demurrer submitted by the lawyers for Pithein Manggaprouw that called into question the Prosecution’s fulfilment of the formal and material conditions as established in the Indonesian Criminal Procedure Code. The next court session on 6 March will hear the testimonies of witnesses presented by the Prosecutor.

Information from human rights lawyers has also confirmed that Manggaprouw did not receive legal accompaniment during police investigations in detention. The Prosecutor has argued that the formal requirements of legal accompaniment had been fulfilled as police investigators had provided the name of a lawyer in the investigation file. Despite this, Manggaprouw did not receive any legal support during the investigation period.

Two prisoners in Wamena ammunition store raid receive remission

According to information from ALDP (Aliansi Demokrasi untuk Papua, Democracy Alliance for Papua), Linus Hiluka and Kimanus Wenda received a sentence reduction of two months to their 20-year prison sentences. The Provincial Office of Law and Human Rights informed ALDP representatives that the two men are now in a special category allowing them to obtain remission from authorities in Jakarta.

Appeal for Isak Klaibin rejected

Information received by email from ALDP stated that the appeal submitted on behalf of Isak Klaibin challenging his prison sentence of three-and-a-half years has been rejected by the Sorong High Court.

Klaibin is one of the seven in the Aimas 1 May case sentenced with conspiracy to commit treason under Articles 106 and 110. He received an additional charge of possession of weapons under Emergency Law 12/1951.

News

Papuan civil society react strongly to raids in Puncak Jaya and Yapen island

Large-scale security operations in Puncak Jaya and Yapen island have invoked a strong response from Papuan civil society. Following a raid in Karubate church in Puncak Jaya, President of the West Papuan Baptist Church Socratez Sofyan Yoman called on Indonesian President Susilo Bambang Yudhoyono to cease all search operations on churches. The raid echoes that of Dondobaga church last month, as reported in our January update. Ex-political prisoner Yusak Pakage commented in Majalah Selangkah that the ongoing conflict in Puncak Jaya was exacerbated by the destabilizing presence of security forces in Puncak Jaya.

The Alliance of Papuan University Students (Aliansi Mahasiswa Papua, AMP) held a demonstration in Yogyakarta, Java, in protest of the raids in Puncak Jaya and Yapen island. A spokesman for the group commented that security forces immediately resorted to repressive tactics and violence, instead of turning to more persuasive measures in dealing with the ongoing conflict. AMP also called on the National Commission of Human Rights (Komnas HAM) to take assertive action against cases of violence perpetrated by the Indonesian military in Papua.

February 2014 Papuan political prisoners

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

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

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

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

In brief

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

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

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

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

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

Arrests

Seven arrested at Jayapura MSG protest, then swiftly released

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

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

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

Sarmi Morning Star flag arrests

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

Three arrested following Puncak Jaya weapons theft and shootings

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

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

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

Releases

There were no reported releases in January 2014.

Political trials and cases overview

Timika 1 May commemoration trial

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

Biak 1 May trial: prosecutor demands lengthy prison sentences

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

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

Pithein Manggaprouw trial imminent

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

Yason Ngelia trial begins

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

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

12 arrested in FWPC PNG office support demo were tortured

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

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

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

Yogor Telenggen moved to Wamena prison

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

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

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

News

Papuans demand that MSG delegation meet with political prisoners

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

Jayapura MSG protest arrests widely condemned

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

Amendment of repressive law undermines charges against Papuan activists

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

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

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

January 2014 Papuan political prisoners

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

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

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

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

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

In brief

At the end of November 2013, there were at least 71 political prisoners in Papuan jails. 112 political arrests were made this month in three separate cases, bringing the total number of arrests so far this year to 537. This represents a 165% increase in the number of political arrests as compared with the same period in 2012, signalling a significant deterioration in the environment for free expression and assembly in Papua.

The police response to increasingly organised and coordinated demonstration activities across Papua is of concern this month, including several mass arbitrary arrests, repeated use of excessive force, blocking lawyers from accessing detainees, cruel and degrading treatment of detainees, and arrest and coercion of student activists to sign agreements to stop demonstrating.

Students of Cenderawasih University (UNCEN) have become locked in a bitter battle with university authorities over the involvement of lecturers in the drafting of a controversial revamp of the Special Autonomy bill. University authorities appear to be actively inviting police to suppress political activity on campus, leading to numerous arrests and beatings of students.  A number of Papuan leaders have expressed concern at what they perceive as police efforts to systematically close down political space, particularly ahead of significant dates such as 1 May and in this case 1 December.

On 26 November 80 people were arrested in four different cities during demonstrations in support of the opening of a Free West Papua Campaign office in Papua New Guinea and the Sorong to Samarai campaign. One demonstrator was killed and three others have disappeared.

The trial for the six 1 May Biak detainees continue and mentally ill prisoner Yohanes Boseren remains in detention despite his condition. Human rights lawyers and NGOs have called for his release. Investigations continue into the case of four community leaders in Sorong who face charges of conspiracy to commit treason.

Arrests

Otsus Plus demonstration arrests

On 7 and 8 November, Cenderawasih University (UNCEN) university students took part in demonstrations against the redrafting of the Special Autonomy law, known as Otsus Plus. As reported by Papuan news site Majalah Selangkah, hundreds of demonstrators had taken part in a long march from Abepura to the Governor’s office in Jayapura city, and returning to the UNCEN campus, calling on the 29 lecturers involved in drafting the Special Autonomy bill to present the draft publically.

During demonstrations on 7 November, Yason Ngelia, an UNCEN student active in leading demonstrations, and 14 other student demonstrators were arrested. They were detained in Jayapura Regional police station and were released the following day at 02:00 with the exception of Yason Ngelia, who remains in detention. Police reportedly stated that Ngelia was arrested on the basis of an alleged crime that had occurred on the UNCEN campus. The 14 students were released only after they were forced by police authorities to sign statements promising to cease demonstrations, particularly on the UNCEN campus. This demand was reportedly made at the request of the UNCEN Provost.

On 8 November, around 100 students from various universities in Jayapura gathered at an auditorium in UNCEN to demand that the Provost and vice-Provost of UNCEN force the 29 lecturers involved in drafting the Otsus Plus bill to present the draft publically. The student demonstrators also demanded accountability for the ill treatment of Yason Ngelia in detention. At around 12:00, Jayapura Regional police officers arrived in two trucks, arresting and severely beating 16 demonstrators.

The 16 demonstrators arrested were detained in Jayapura Regional police station overnight, with 12 of them being released the following day. Police had reportedly tried to coerce the 12 activists in signing a statement saying they were treated well in detention and that they would not demonstrate again, but intervention from human rights lawyers prevented this. Reports from human rights lawyers state that all 16 men were denied food in detention on 8 November. The following day on 9 November, the four remaining detainees – Alfares Kapisa, Benny Hisage, Abraham Demetouw and Danny Kosamah – were moved to Jayapura North district police station due to overcrowding. They were reportedly only given food at 17:00 on 10 November, around 53 hours after their arrest. Lawyers attempts to visit the four detainees have so far been blocked by the police. Authorities from both Jayapura Regional police station and Jayapura North district police station told lawyers that they needed permission from the criminal detective police handling the case to gain access to the four detainees. At the request of the vice-Provost of UNCEN, the four men were bailed on 24 November but are still under investigation and obliged to report to the police.

On 28 November, human rights lawyers managed to secure a five minute visit with Ngelia, after initially being blocked by police at Jayapura Regional police station and undergoing a long process of negotiation with one of the senior officers. Upon their visit, they found that police had forcibly shaved his head and ordered three other detainees to beat him, resulting in a black eye. This is not a new strategy in dealing with political prisoners. An account by an ex-political prisoner stated that police guards would force detainees to beat each other if they had done anything that displeased the guards. Lawyers have submitted a letter protesting this ill-treatment  to the Jayapural Regional police and have also demanded accountability and an evaluation into the incident.

Ex-political prisoner Yusak Pakage expressed disappointment at the arrests of Yason Ngelia and other university students, and called for a dialogue between civil society and the authorities, including the Cenderawasih University Provost, Papuan Peoples’ Assembly (Majelis Rakyat Papua, MRP), the Papuan Legislature (Dewan Perwakilan Rakyat Papua, DPRP) and the Governor.

KNPB fifth anniversary in Merauke

According to a report from local activists, at around 09:20 on 19 November, the Secretary of the Woyu Makleuw Clan Council, Yohakim Gebze was stopped by five police officers as he was on his way to the Merauke KNPB Secretariat for a prayer session to celebrate the fifth anniversary of the West Papua National Committee (Komite Nasional Papua Barat, KNPB). Officers reportedly told him that he could not attend the prayer session as he did not have a permit, searched his bag, and brought him to Merauke Regional police station on the basis of his carrying an ink stamp belonging to the Woyu Makleu clan council. Upon hearing of his arrest, 10 KNPB activists headed to the police station to secure his release. He was released from detention two hours after his arrest.

Demonstrations in support of Sorong to Samarai campaign and FWPC office in PNG

Demonstrations were held on 26 November across Papua in support of the opening of a Free West Papua Campaign (FWPC) office in Papua New Guinea, and the launch of the Sorong to Samarai campaign. The campaign is run by Powes Parkop, the Governor of Port Moresby, and aims to gather signatories from across Papua New Guinea in support of West Papua’s membership application to the Melanesian Spearhead Group (MSG). Police responded with excessive use of force followed by 80 arrests, the death of one demonstrator, the disappearance of four others and nine people hospitalised for injuries sustained in clashes.

Jayapura

According to information received by a local human rights source and various Papuan media reports, on 25 November, 16 KNPB members were arrested in front of UNCEN campus for giving out leaflets regarding demonstrations planned for the following day. They were beaten on arrest and items, including books and bags were confiscated by police. All 16 were held for four hours at the Jayapura Regional police station, threatened with charges of incitement and warned not to participate in demonstrations planned for the next day.

On 26 November, 28 demonstrators including 3 women were arrested in Waena during demonstrations that were heavily guarded by 500 security personnel. Demonstrators had planned to begin a long march at 13:00, but this was interrupted by police who moved in to confiscate the sound system set up for the march. Police informed KNPB leader Buchtar Tabuni who was leading the demonstration that the KNPB members could retrieve the confiscated items from Abepura Municipal police office. According to information received from a credible human rights source, as the demonstrators were on their way to the police office to retrieve the confiscated sound system equipment, several Baraccuda tanks and police trucks began charging at high speed towards the demonstrators. Demonstrators reportedly responded in panic by arming themselves with stones and wooden sticks. According to this report and similar information received from a source at the demonstration, police in the Baruccuda tanks started firing shots at the demonstrators at around 13:30. Demonstrators then reportedly responded by throwing sticks and stones at the tanks. Police continued firing at and chasing demonstrators, forcibly dispersing the crowd. Information from local human rights sources stated that nine people were hospitalised as a result of the clashes.

The 28 demonstrators detained were brought to Jayapura Regional police station. Human rights lawyers who visited the detainees discovered the 25 male detainees covered in bruises after being beaten. One detainee struggled to stand when called forward to identify himself, indicating that the beatings were severe. 16 of the detainees were released shortly after, while 12 have been charged with Article 170 and 135 of the Indonesian Criminal Code and the Emergency Law 12/1951 for possession of homemade weapons and ammunition. The 12 detainees are Pendius Tabuni, Muli Hisage, Karmil Murib, Tomius Mul, Nikson Mul, Nius Lepi, Tinus Meage, Mathius Habel, Agus Togoti, Natan Kogoya, Nikolai Waisal and Penius Tabuni.

On 28 November, human rights lawyers were denied access to the detainees at Jayapura Regional police station. When they confronted authorities and informed them of the need to obtain authorisation from the 12 detainees in order to legally represent them, the lawyers were informed of the charges but denied access. According to the latest information received, lawyers have not yet been able to gain access to the 12 detainees.

Information from local sources and several Papuan media outlets report the death of one demonstrator and the disappearance of four others. A report by a local human rights investigator detailed the eyewitness account of the death of Matius Tengget, who was reportedly beaten to death and then later dumped in Lake Sentani by police. Local activists report four other KNPB members missing, who are feared to have been killed and their bodies disposed of. Jayapura police have stated that they are looking into the whereabouts of KNPB leader Buchtar Tabuni and KNPB spokesman Wim Rocky Medlama who they regard as responsible for the demonstration. According to a report received by a human rights worker present at the demonstration and an article by local NGO Alliance for Democracy for Papua (Aliansi Demokrasi untuk Papua,ALDP),  there were instances of intimidation and beating of journalists and human rights workers who were reporting on the demonstration. One journalist from Suluh Papua was hit on the head by police, while two other journalists and one human rights worker were threatened and harassed.

Timika

According to a report by local sources, at 8:30 on 26 November 2013, 32 KNPB members were arrested during a gathering at the grave of Kelly Kwalik, an assassinated leader of theTPN (West Papua National Liberation Army, Tentera Papua Nasional) when TNI/Polri attempted to disperse the crowd that had attended the gathering. The 32 men were held in Mimika Regional police station until 17:00. When other KNPB members attempted to secure their release, police allegedly told them that the 32 men were arrested as they did not have permission to demonstrate.

Sorong

Papuan news site Radar Sorong reported the arrests of three KNPB members who participated in a demonstration on 26 November in support of the FWPC office in Papua New Guinea and the Sorong to Samarai campaign. They were detained for several hours in Sorong Regional police station. Police had allegedly told them that they did not have permission to demonstrate.

Fak-Fak

On 26 November, Arnoldus Kocu, Chairman of KNPB Fak-Fak, was arrested due to his involvement in a demonstration. KNPB activists faced intimidation from security forces who searched their handphones and searched them for sharp weapons. Kocu was detained for questioning by police but released on the same day. However, local activists report that the next day, Kocu was charged under Article 335 for offensive behaviour and has been warned that he will be charged with Article 216 for deliberate intent of disobeying official command if he does not cooperate with police investigations.

Releases

There were no reported releases in November 2013.

Political trials and cases overview

Biak 1 May case continues

The trial for Yohanes Boseren, one of the six detainees in the Biak 1 May case, has been temporarily suspended due to Boseren’s mental illness. Even though Boseren was sent to Abepura Mental Health Hospital on 14 November to receive treatment, he was returned to Biak prison two days later. During a hearing on 20 November, a letter issued by doctors at the Abepura Mental Hospital regarding Boseren’s condition was presented. The letter contained observations conducted during his treatment from 14 to 16 November, which concluded that Boseren had suffered traumatic head injury from beatings he had endured on arrest six months ago, causing him to now experience post-traumatic stress disorder, and a form of organic mental disorder.

The Public Prosecutor stated during the hearing that they would coordinate between the prison authorities and doctors at Abepura Mental Health Hospital to provide medical supplies for Boseren. Human rights lawyers have submitted an appeal for consideration, reasoning that Boseren should be released from prison and given treatment at Abepura mental health hospital due to  limited facilities in Biak prison. The judge replied that Boseren should be referred to Abepura Mental Hospital and returned to Biak prison once he is better. According to the latest information received, Boseren remains in detention in Biak prison.

When human rights lawyers visited the six detainees on 20 November, they found Boseren to be in a bad condition, appearing physically weak. He seemed confused, would sporadically laugh for no reason and was not able to answer questions posed to him. Human rights lawyers and NGOs are calling for his immediate and unconditional release. London-based NGO TAPOL has issued an urgent appeal urging authorities to drop all charges against the six Biak 1 May detainees.

Biak activist Piethein Manggaprouw to face trial in December

On 19 October, the Biak activist Piethein Manggaprouw was arrested for his involvement in a peaceful demonstration commemorating the second anniversary of the Third Papuan Congress. According to a local source, the trial for Piethein Manggaprouw will begin on 18 December. Information from the same source also reported that Manggaprouw is being denied food, with prison authorities giving him only one meal a day. This has reportedly severely affected his physical health.

Verdict delivered for four detainees in Sarmi arrests case

Information received from local human rights lawyers states that the verdicts for the four detainees in the Sarmi arrests case have been delivered. On 7 November, Alex Makabori, Sileman Teno and Niko Sasomar received a prison sentences of two years and two months, while Daniel Norotouw received a one-year prison sentence. The four men have decided not to submit an appeal against the sentences. The Public Prosecutor had previously demanded for a prison sentence of four years’ for Makabori, Teno and Sasomar, and a one-year prison sentence for Norotouw. They have been in detention since 3 March 2013, and were charged with possession of weapons and conspiracy to commit violence under Article 110 of the Criminal Code and Article 2 of the Emergency Law 12/1951.

While in detention, the four men allegedly faced intimidation and death threats from police officials and were denied access to lawyers. According to their version of events as recorded in an interview with a local human rights activist, the four men were arrested due to their plans to carry out a socialisation for residents in Sarmi, aimed at raising awareness of upcoming political activities planned to commemorate 1 May, a date marking the administrative transfer of Papua to Indonesia. The four men are currently serving their sentences in Abepura prison.

Investigations into four community leaders in Sorong continue

According to an article by ALDP, police investigations continue into the case of four community leaders in Sorong charged with conspiracy to commit treason. Apolos Sewa, Yohanis Goram Gaman, Amandus Mirino and Samuel Klaskok were arrested on 28 August 2013 after a prayer session and statement to the press in solidarity with the Freedom Flotilla, at Maranatha Church in Sorong.

Police investigators stated that they have collected witness testimony from eight people, including the wife of one of those suspected, Yohanis Goram Gaman. A police spokesman also stated that the wives of the other suspects will also be examined and that they will continue to examine more eyewitnesses, including participants of the prayer session on 28 August and those who accompanied the four detainees when they were detained for questioning. Investigators also reportedly received testimony from three people in Jakarta. The four men continue to report to the police every Tuesday and Thursday. They have expressed concern about the potential involvement of their wives as witnesses in the case.

News

Three PNG nationals arrested during Port Moresby rally

On 1 December, Fred Mambrasar, Tony Fofoe and Patrick Kaiku were arrested in Port Moresby, Papua New Guinea for their involvement in a flag-raising ceremony to mark 1 December 1961, when the Morning Star flag was raised for the first time and a date Papuans consider to be their national day. Governor Powes Parkop had told the Guardian Australia that the three men were targeted “due to undue pressure from the Indonesian government.” Parkop also leads the Sorong to Samarai campaign, which aims to gather signatories from across Papua New Guinea in support of West Papua’s membership application to the Melanesian Spearhead Group (MSG).

November 2013 Papuan political prisoners