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| ILLUSTRATIONS OF POLITICAL PRISONERS IN WEST PAPUA |
Statement by ALDP, Alliance for Democracy in Papua
The Indonesian people recently celebrated the 68th anniversary of
their independence on 17 August 2013. What lessons can we draw from this
anniversary in order to resolve problems faced by our people who
experience so many problems in various parts of the country, especially
in regions where there is conflict such as Aceh and Papua?
Especially with regard to Papua, it is not acceptable for the
articles about treason to be used any more. This is because for a
country that is now based on democratic principles, it clearly violates
these principles. Furthermore, the law on treason which is still
included in Indonesia’s Criminal Code is no longer used in the country
where it originated [The
Netherlands]. The continued use of these articles will only widen the gap between Papua and Indonesia and lead to acts of violence because of feelings of revenge about history or may cause friction between different groups of people.
These articles on treason are always held ready for use against
activists or anyone who demands justice and the right to express their
views in public, in accordance with the right to freedom of expression.
The treason articles were first included in the Criminal Code in the
19th century. The Dutch Minister of Justice adamantly refused a move to
include an article on treason which could be applicable to anyone. He
said: ‘These articles should be enacted to meet the needs of a colonial
territory and should not be applicable to European countries.’
The articles on treason were adopted by the Dutch colonial government
and were based on Article 124 of the British Indian Penal Code in 1915.
The Indian Supreme Court and the East Punjab High Court declared that
they were invalid because they contradicted the Indian Constitution
which upheld the principle of freedom of expression. In The Netherlands,
these articles were regarded as being undemocratic. However, the Dutch
East Indies government made use of the articles in their colonial
territories.
In this day and age, several decades after Indonesia declared its
independence, these articles should no longer be applicable to citizens
of the country, including Papuans, bearing in mind that Papua is not a
colony of Indonesia.
Treason is an act committed by someone who takes action against the
state authorities in order to ensure that part of the territory of that
country is ceded to another country.
The articles on treason were adopted by the Dutch colonial government
based on Article 124 of the British Penal Code in 1915. Although they
were declared to be inapplicable by the Indian Supreme court and the
East Punjab High Court because they were in violation of the Indian
Constitution which guarantees the right to freedom of expression and to
state one’s opinion. This is why the Dutch Colonial Government made use
of the articles in their colonial territories. Decades after Indonesia
declared its independence from The Netherlands, the articles should now
be repealed because it is unacceptable to use them against citizens of
Indonesia , and this applies also to Papua which is not a colony of
Indonesia.
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In judicial terms, treason is a unilateral act against the
authorities, for the purpose of ensuring that part of its territory
falls into enemy hands or should be ceded in order to become part of
another state.
The crime of treason is regulated under Articles 104 to 129 of the
Criminal Code – KUHP. Treason is also classified as a crime against the
president and vice-president [the head of state and/or the head of a
rival
state] against the legitimate government or against government agencies, being involved in espionage on behalf of the enemy, resistance to government officials, rebellion and other activities that are directed against state interests. Treason is also committed against the government (the head of state and his/her deputy), the main purpose being to render an individual incapable of governing, to annihilate the country’s independence, to overthrow the government, to change the system of governance by unlawful means, to undermine state sovereignty by separating part of the country on behalf of another country or to create an independent state.
The crimes of spreading hatred or incitement are dealt with in
Articles 154, 155 and 156 of the Criminal Code. These articles state
that ‘public statements which express feelings of hostility or are
offensive to the government’ are regarded as crimes as well as public
statements which support such sentiments. These articles are punishable
for up seven years.
During the era of the late President Soeharto, these articles were
frequently used to restrict freedom of expression. They were also used
against political opponents, critics, students and human rights
defenders in order to silence them. The people in power used these
articles like rubber, something which can be pulled in any direction as a
way of restricting the right to freedom of expression.
Nowadays, in the era of ‘reformasi’, the articles are frequently used
to bring charges against pro-democracy activists. In Papua. They are
used in every way possible against pro-democracy activists on occasions
when it has not been possible to charge them for involvement in
treasonous activities.
In a report published by Human Rights Watch (HRW) in 2007, ‘Protest
and the Punishment of Political Prisoners in Papua’ , Indonesia was
mentioned as one of the countries where exceptions and restrictions
apply that are in conflict with the basic principle of freedom of
opinion. HRW drew attention to the many cases of people being arrested
and imprisoned simply because they took part in peaceful protest or for
peacefully raising flags. This is in violation of international law on
basic human rights. Indonesian courts frequently apply the law on
‘spreading hatred’ or ‘incitement’ towards people who are exercising
their right to with freedom of expression. These clauses also violate
the spirit of the Indonesian Constitution which was adopted when the
country became independent in 1945..jpg)
There is a tendency in Papua for a court, having been unable to prove
that treason was committed, to use the crime of incitement. The
articles about treason were used when Indonesia was a Dutch colony to
charge individuals or groups of people with rebellion. But these days,
‘the articles on treason are used against the civilian population when
they publicly express their aspirations,’ said Harry Maturbongs, the
former co-ordinator of KontraS.
A lawyer in Papua, Gustaf Kawer, said that the tendency of courts and
prosecutors to use the charge of incitement when they are unable to
prove that treason has been committed is a sign that the court is
apprehensive and wants to avoid the possibility of people who have been
charged making counter-charges against the state, where the case against
them had not be proven.
It is often the case that pro-peace Papuan activists who are brought
before the courts are charged on several counts for a variety of
demeanours. In the trial of Buchtar in 2010, he was charged under five
articles. Article 106 and Article 110, as well as Article 160, Article
212 and Article 218, for treason, for incitement and for disobeying an
order by an official. Another group of people were sentenced and
convicted for treason. Forkorus Yaboisembut and his colleagues were
arrested by the police for organising the Third Papuan People’s Congress
on 19 October, 2011. [Afterformally declaring the establishment of an independent Federated State of
Papua] ‘President’ Forkorus along with his Prime Minister Edison G.
Waromi were arrested with others who were involved in organising the
Congress, Dominikus Surabut, Agus M. Sananay Kraar and Selfius Bobii.
They were charged by a team of prosecutors headed by Yulius D.
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Even today In 2013, the treason article continues to be used. A group
of men were recently charged. They are Klemens Kodimko (71 years old),
Obeth Kamesrar (68 years old), Antonius Saruf (62 years old), Obaja
Kamesrar (52 years old), Yordan Magablo (42 years old), Hengki Mangamis
(39 years ) and Isak Klebin (52 years old) . They were charged at the
first hearing of their trial in a court in Sorong on Monday, 19 August
2013.
A spokesman for the police in Papua, I Gede Sumerta Jaya, said that
the men were charged with treason because they are leaders of the OPM
(Organisasi Papua Merdeka) or of radical groups that are active planning
or speaking out in favour of resistance to the legitimate government.
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Earlier this year, on 30 April, hundreds of people gathered at a
posko [a small construction] which they had just set up. They sang
together as they gathered there on 30 April to make preparations to
celebrate 1 May on the following day. While they were singing, shooting
was heard aimed in the direction of the posko. The shots came from some
people aboard an avanza vehicle with darkened windows, accompanied by a
police patrol vehicle.
[Translated by TAPOL]
Sumber : http://networkedblogs.com/ON7NY
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