In brief

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

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

Arrests

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

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

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

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

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

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

Waena

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

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

Wamena

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

Fak-Fak

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

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

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

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

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

Timika and Nabire

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

Journalist severely beaten in Paniai

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

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

Witnesses to police murder detained in Wamena

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

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

Releases

Daniel Gobay and Matan Klembiap released

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

Six activists in Abepura ammunitions case released

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

Political trials and cases overview

Prosecution of six 1 May Biak detainees

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

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

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

Unreliable witnesses presented in Aimas 1 May case

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

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

Timika 1 May case transferred to Prosecutor

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

Appeal to be submitted for Yapen Indigenous Day Celebrations case

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

Yogor Telenggen accused of being involved in Pirime 2012 shootings

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

Verdict delivered for Atis Rambo Wenda

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

Appeal submitted for Bastian Mansoben

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

Sarmi arrests trial continues to be postponed

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

Cases of concern

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

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

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

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

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

Security forces raid Paniai church in search for weapons

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

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

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

News

Governor Enembe visits political prisoners in Abepura

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

August 2013 Papuan political prisoners

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

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

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

In brief

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

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

Arrests

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

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

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

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

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

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

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

Human rights activist detained in relation to Biak massacre memorial

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

Releases

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

Political trials and cases overview

Verdict delivered for Yapen Indigenous Day Celebrations case

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

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

Prosecutor demands eight months imprisonment for Matan Klembiap

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

Sarmi arrests trial continues

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

Verdict delivered in Abepura ammunition case

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

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

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

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

Aimas 1 May trial to begin in August

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

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

Correction: Atis Rambo Wenda and Athys Wenda

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

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

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

Cases of concern

Three Timika 1 May detainees suffer from deteriorating health conditions

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

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

Jefrai Murib in need of immediate medical treatment

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

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

News

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

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

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

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

Big prison, little prison

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

July 2013 Papuan political prisoners

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

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

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

In brief

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

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

Arrests

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

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

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

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

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

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

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

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

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

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

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

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

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

More arrests in relation to Yapen police death

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

Radio host arrested in Manokwari

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

Releases

Luis Gedi released

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

Political trials and cases overview

Yapen Indigenous Day Celebrations case: Unfair trial

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

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

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

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

Trial begins for Boas Gombo, denied access to legal counsel

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

Trial continues for Sarmi arrests

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

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

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

Verdict scheduled for Biak explosives trial

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

Verdicts delivered for Timika Six

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

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

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

News

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

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

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

Papuan political prisoners reject SBY offer of clemency

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

OMCT issues urgent appeal on behalf of Matan Klembiap

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

NAPAS and Kontras march

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

May 2013 Papuan political prisoners

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

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

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

In brief

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

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

Arrests

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

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

Activists in Tambrauw detained for reporting civilian deaths

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

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

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

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

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

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

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

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

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

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

Releases

Markus Yenu released

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

Case of concern

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

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

Political trials and cases overview

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

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

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

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

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

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

Timika treason and explosives case

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

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

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

Abepura ammunition case trial resumes

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

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

1 May 2012 Demo and Flag-raising case

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

Trial of Depapre torture case begins for Matan Klembiap

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

Prosecutor to appeal verdict of Serui TPN camp case

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

News

1 May demonstration ban violates freedom of expression

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

Global push to address the situation of political prisoners in Papua

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Information on Sarmi arrests as reported in March 2013 update

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

April 2013 Papuan political prisoners

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

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

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

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

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

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

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

In brief

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

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

Arrests

Seven activists arrested in Mantembu

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

Releases

Buchtar Tabuni released, secures release of Simeon Dabi

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

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

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

Political trials and cases overview

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

Serui: Indigenous people’s day case

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

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

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

Wamena: explosives case

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

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

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

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

Timika: treason and explosives case

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

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

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

Jayapura: Dani Kogoya Case

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

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

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

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

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

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

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

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

Serui: TPN camp case

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

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

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

Jayapura: Flag-raising case

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

News

Clemency request for Wamena prisoners still ignored

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

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

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

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

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

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

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

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

January 2013 Papuan political prisoners