Papuans Behind Bars: October 2013
In brief
At the end of October 2013, there were at least 54 political
prisoners in Papuan jails. The number of political arrests have
increased significantly since August 2013 and this continued in October,
with scores detained at peaceful demonstrations across Papua. Although
the majority of detainees are released, there are reports of police
intimidation – in Biak detainees were forced to sign statements of
compliance. On 16 October, three activists were detained for several
hours following a prayer session held in Kaimana to celebrate the
anniversary of the formation of the International Parliamentarians for
West Papua (IPWP). On 19 October, the leader of a demonstration
commemorating the second anniversary of the Third Papuan Congress,
Piethein Manggaprouw, was arrested and charged with treason and
incitement.
There are reported concerns regarding the health of detainees in the
Biak, Timika and Aimas 1 May commemoration cases. The six detainees in
the Biak 1 May case now face charges of treason, incitement and
possession of explosions and firearms. In the Aimas 1 May case, the
seven detainees are being made to testify against each other. The
Prosecutor in the Sarmi treason case has demanded a four-year prison
sentence for three of the detainees. Calls have been made for
accountability and transparency in police investigations of the death of
Alpius Mote, who was killed by police Mobile Brigade (Brimob) officers
in a sweeping operation on 23 September.
Arrests
51 arrested in peaceful demonstrations commemorating anniversary of the Third Papuan Congress
Dozens of activists were arrested in peaceful demonstrations held
across Papua commemorating the second anniversary of the Third Papuan
Congress on 19 October 2013. According to a report by a local human
rights investigator, security forces attempted to disperse
demonstrations in Jayapura, Yapen and Sorong. According to the same
report, 22 activists were arrested in Fak-Fak and detained for several
hours before being released. Three of those detained were the organisers
of the demonstration – Daniel Hegemur, Imbron Kutanggas and Yanto
Hindom.
In Biak, a joint military and police task force arrested 29
demonstrators, including 6 women, and detained them for several hours in
Biak Regional police station. Local activists reported
that those arrested were forced to sign a statement declaring that they
would not carry out any political activities. The leader of the
demonstration, Piethein Manggaprouw however remains in police custody in
Biak Regional police station and has been charged with Articles 106 and
110 of the Indonesian Criminal Code for treason and incitement.
Five prominent Papuan activists remain behind bars for their peaceful
involvement in the Third Papuan Congress on 19 October 2011. Forkorus Yaboisembut, Edison Waromi, Dominikus Surabut, August Kraar and Selpius Bobii are serving three-year prison sentences for treason.
Three activists arrested in Kaimana raid following prayer session commemorating IPWP
On 16 September, civil society groups engaged in political actions in
different cities across Papua to celebrate the anniversary of the
formation of the International Parliamentarians for West Papua (IPWP),
a cross-party group of politicians from around the world who support
self-determination for the people of West Papua. In Kaimana, a prayer
session was conducted at the Secretariat offices of the Kaimana
Community Council (Parlemen Rakyat Daerah Kaimana, PRD Kaimana) from 9:00 to 13:00. According to reports
by local activists, three men were arrested later that night around
21:30 under instructions from the Head of the Kaimana Regional police.
The three activists from the KNPB (Komite Nasional Papua Barat,
West Papua National Committee) arrested were Barias Bary, Luter Soba and
Isay Irini. They were reportedly released the next morning.
Activists reported that a joint military and police task force raided
the PRD Kaimana Secretariat offices to make the arrests, damaging the
Secretariat gates. The security forces had also ransacked the residence
of the Head of PRD Kaimana during the search to arrest the three men.
They allegedly also confiscated a kitchen knife and machete, a bamboo
spear used for fishing (tombak ikan) and a PRD Kaimana guestbook. KNPB activists reportedly stated
in Papuan news site Tabloid Jubi that shots were also fired outside the
residence of the Head of PRD Kaimana. According to local activists,
Kaimana police stated that they were searching for a suspect in a murder
case.
Releases
There were no reported releases in October 2013.
Political trials and cases overview
Six Biak 1 May detainees face charges of treason and possession of explosions and ammunition
The trial of six men in the Biak 1 May case began on 28 October with the indictment hearing. Oktovianus Warnares, Yoseph Arwakon, Yohanes Boseren, Markus Sawias, George Syors Simyapen and Jantje Wamaer
face charges under Articles 106 and 110 of the Indonesian Criminal Code
for treason and incitement and Emergency Law 12/1951 for possession of
explosions and ammunition.
The prosecutor’s statement accused the six men of belonging to the armed TPN/OPM (Tentera Papua Nasional, Papuan National Army / Organisasi Papua Merdeka,
Free Papua Organisation) group and stated that they had allegedly
forced members of the community in Biak at gunpoint to participate in
the flag-raising ceremony on 1 May 2013. Markus Sawias was accused of threatening Yonadap Rumbewas, an army officer with the Biak Regional Military Command Intelligence (Intel Korem Biak)
with an airsoft gun. The Letter stated that Rumbewas fired warning
shots in the air and reportedly asked for a dialogue with the men, but Jantje Wamaer had allegedly moved to attack him. Rumbewas reportedly reacted by shooting Wamaer in the leg. Oktovianus Warnares is also accused of being in possession of home-made bombs, an airsoft gun and a machete.
As reported in previous updates, human rights sources in Papua stated
that the flag-raising ceremony was a peaceful political activity in
commemoration of 1 May, a date marking the administrative transfer of
Papua to Indonesia. Local investigators report that police opened fire
into a crowd of 50 people, which led to the injury sustained by Wamaer.
Local activists have also previously claimed that the items allegedly
found on the six men had been fabricated by Biak Numfor police during
the course of the two-month investigation period.
As reported in our September update, Yohanes Boseren who was severely beaten on arrest, receiving multiple blows to the head, is currently showing signs of mental illness.
Human rights lawyers representing the six men have submitted a request
to the Prosecution and prison authorities to release Boseren on
humanitarian grounds and to obtain medical treatment, however as yet
there has been no response.
Local human rights lawyers have also reported that the defence team
for the six men has faced intimidation and harassment from officers of
the Biak Regional Military Command Intelligence. They were reportedly
pushed to provide the full names of all members of the defence team,
which they refused to do. An assistant of one of the lawyers, Imanuel
Rumayom, was reportedly followed by intelligence officers. There are
also reports of a heavy army and police presence at the hearings.
Deteriorating health and unfair trial procedures in Aimas 1 May case
The trial of Hengky Mangamis, Yordan Magablo, Obaja Kamesrar, Antonius Saruf, Obeth Kamesrar, Klemens Kodimko and Isak Klaibin
in the Aimas 1 May case continued in October with further witness
hearings. Information received from human rights lawyers stated that the
defendents were made to testify against each other. Lawyers expressed
disappointment with judges when they moved to accuse Isak Klaibin when he was called to the stand as a witness on behalf of Obaja Kamesrar.
During the witness examination, it was reportedly made clear that aside
from Klaibin and Kamesrar who have family connections, the other
detainees did not know each other before the commemorative ceremony on
30 April.
Human rights lawyers reported that at a hearing on 30 September, Antonius Saruf
fainted after testifying, reportedly due to an existing heart condition
which has been exacerbated by stress. The same thing happened in
detention undergoing police investigations in May. Klemens Kodimko
is also reportedly suffering from acute gastric ulcers, but carried on
with hearings on 11 October despite his condition. Lawyers have reported
that Kodimko had fainted and hurt his head in Sorong prison, where the
seven men are currently detained, due to the acute pain he is suffering
from. Defence lawyers have asked judges to allow Kodimko access to
medical healthcare. In response the judges have informed defence lawyers
that they are allowed to visit him in prison with medicine but with the
coordination of prison authorities. As reported in the September
update, another Aimas 1 May detainee, Obeth Kamesrar, an elderly detainee of 68 years, has reportedly been silent since his arrest and appears to be suffering from trauma.
Defence lawyers have stated that they do not consider the witness
testimony of officials from the Department for National Unity and
Politics (Kesatuan Bangsa dan Politik, Kesbangpol) and the Sorong
District Head to be factual. They also stated that testimony previously
given by two police witnesses did not sufficiently explain in detail
the alleged role of the detainees in the incident on 30 April.
Timika 1 May detainees charged with treason denied medical treatment
Information received from local human rights lawyers indicates that
the five men detained in the Timika 1 May case have been charged with
Articles 106 and 110 of the Indonesian Criminal Code for treason and
incitement. Domi Mom, Alfisu Wamang, Musa Elas, Eminus Waker and Yacob Onawame
have been detention since 1 May 2013. Although the trial has already
begun, hearings for witness examination were postponed three times,
reportedly due to witnesses not being able to attend. The five men were
tortured in detention and three of them – Musa Elas, Yacob Onawame and Alfisu Wamang
– have been suffering from deteriorating health. Requests from their
families to Mimika Regional police officers to provide them with
adequate medical treatment at a hospital have been ignored.
Four community leaders in Sorong charged with treason receiving legal support from ALDP
As reported in our August update, four community leaders – Apolos
Sewa, Yohanis Goram Gaman, Amandus Mirino and Samuel Klasjok – were
arrested after a prayer session and statement to the press in solidarity
with the Freedom Flotilla and charged with treason and incitement. A
coalition of human rights lawyers is providing legal support to the four
activists who are currently undergoing police investigations in Sorong.
It is not yet known when they will face trial for the charges against
them.
Parole application for Wamena ammunition store raid prisoners rejected
The Democracy Alliance for Papua (Aliansi Demokrasi untuk Papua, ALDP) has reported
that a parole application submitted by one of its lawyers on behalf the
five detainees in the Wamena ammunition store raid case has been
rejected. The authorities at the Directory General of Correctional
Facilities (Direktor Jenderal Permasyarakatan, Dirjen Pas)stated
that the parole application was not received despite the lawyer’s
insistence that it was submitted last year. When asked for
clarification, the authorities at Dirjen Pas explained that a complete
application was necessary for the matter to be considered. This meant
that two documents had to be submitted – a Letter of Assurance and a
Statement of Loyalty to the Republic of Indonesia – as the five
detainees were charged with treason. This is a requirement under
government regulations for crimes against the state. The detainees
rejected signing a Statement of Loyalty, which therefore disqualified
their application for parole. Applications for parole go through
different stages of consideration, starting from prison authorites to
the Regional Office for Law and Human Rights in Papua and finally to
Dirjen Pas.
The five men – Apotnalogolik Lokobal, Kimanus Wenda, Linus Hiel Hiluka, Jefrai Murib and Numbungga Telenggen
– were charged with treason under Article 106 of the Indonesian
Criminal Code. They were arrested in April/May 2003, as part of sweeping
operations by the military in which nine people were killed and 38
tortured and 11 arrested. Three of those arrested have died while
serving their sentences. The five remaining detainees are serving either
20-year or life sentences.
Two detainees in Wamena ammunition store raid case seek commutation of life sentences
A report received from ALDP has stated that a request for Jefrai Murib’s
life sentence be commuted to a fixed term sentence, has been submitted
to the Ministry of Law and Human Rights. They are seeking to reduce
Murib’s sentence to 20 years’ imprisonment. Due to an administrative
error, a similar request for commutation of sentence for Numbungga Telenggen
has been rejected by the Ministry of Law and Human Rights. Biak prison
authorities are required to send complete documents to the Department of
Law and Human Rights in Jayapura before the process of consideration
can proceed. The two men were arrested in April 2003 as part of sweeping
operations by the military in which nine people were killed and 38
tortured.
Public Prosecutor presents indictment in Sarmi treason trial
Human rights lawyers have reported that after four postponements of
hearings for the Sarmi treason trial, the trial resumed on 9 October
with the Prosecutor demanding a sentence of four years’ imprisonment for
Alex Makabori (aka Isak Demetouw), Niko Sasomar and Sileman Teno, and one years’ imprisonment for Daniel Norotouw.
On 23 October 2013, defence lawyers challenged the Prosecutors’
indictment. As reported in our May update, according to an interview
with the four men by a local activist, they were arrested on 3 March
2013 following a socialisation event they conducted for residents in
Sarmi, aimed at raising awareness regarding the forthcoming 1 May
commemorative events. The four men allege that security forces planted
evidence in order to charge them. They remain in detention in Abepura
prison while awaiting their verdicts.
Cases of concern
Calls for accountability and transparency in police investigations of shooting in Waghete
As reported in the September update, on 23 September four civilians
were arrested in Waghete in a sweeping operation when two police Mobile
Brigades (Brimob) officers fatally shot civilian Alpius Mote.
Information from local human rights activists has revealed that the four
men have since been released. An article on the website of Papuan human
rights group Elsham Papua reported
that one of the four men, Yance Pekey, had been badly beaten by police
officers while detained at Paniai Regional police station.
The families of the victims and civil society groups, including the Alliance of Papuan University Students (AMP, Aliansi Mahasiswa Papua) have called for Paniai police authorities to be held accountable following the incident. The Papuan Legislative Council (DPRD, Dewan Perwakilan Rakyat Papua) released a statement
urging police transparency in investigations into the incident and for
the two perpetrators to be held to account. The Head of Paniai Regional
Police, Semmy Ronny TH Abba has stated that he was ready to accept responsibility and be removed from his position if investigations conducted by PROPAM (Provos Pengamanan), the police internal complaints and investigations mechanism, proved police misconduct.
News
West Papua Solidarity Group Brisbane act in solidarity with Papuan political prisoners
In September 2013, the West Papua Solidarity Group Brisbane
participated in several language and culture festivals around Australia,
setting up information stalls campaigning and raising awareness for
West Papua using leaflets, a petition and a photo exhibition. The
activist group raised awareness regarding the issue of political
prisoners, providing postcards that could be personalised and sent to
detainees across Papua.
“An Evening With(out) Filep Karma,” Amnesty ?
On 18 October 2013, an event was held at the Reading International Solidarity Centre campaigning for the release of Filep Karma,
currently serving 15 years’ imprisonment for his participation in a
peaceful flag-raising ceremony in 2004. Established human rights
campaigner Peter Tatchell, International Lawyers for West Papua (ILWP)
Co-Founder Melinda Janki, and former political prisoner and leader of
the Free West Papua Campaign Benny Wenda spoke at the event,
highlighting issues faced by Papuan political prisoners.
October 2013 Papuan political prisoners
Prisoner | Arrested | Charges | Sentence | Case | Accused of violence? | Concerns reported re legal process? | Prison | |
1 | Piethein Manggaprouw | 19 October 2013 | 106, 110 | Unknown | Third Papuan Congress demo in Biak | No | Trial pending | Biak Regional police station |
2 | Victor Yeimo | 13 May 2013 | 160 | 3 years (handed down in 2009) | 2009 demo; 13 May Jayapura demo | No | Yes | Abepura |
3 | Astro Kaaba | 3 May 2013 | Treason | Unknown | Yapen police death | Yes | Trial pending | Serui police station |
4 | Hans Arrongear | Unknown | Treason | Unknown | Yapen police death | Yes | Trial pending | Serui police station |
5 | Oktovianus Warnares | 1 May 2013 | 106, 110, Emergency Law 12/1951 | Trial ongoing | Biak flag-raising, 1 May commemoration | Yes | Yes | Biak |
6 | Yoseph Arwakon | 1 May 2013 | 106, 110, Emergency Law 12/1951 | Trial ongoing | Biak flag-raising, 1 May commemoration | Yes | Yes | Biak |
7 | Yohanes Boseren | 1 May 2013 | 106, 110, Emergency Law 12/1951 | Trial ongoing | Biak flag-raising, 1 May commemoration | Yes | Yes | Biak |
8 | Markus Sawias | 1 May 2013 | 106, 110, Emergency Law 12/1951 | Trial ongoing | Biak flag-raising, 1 May commemoration | Yes | Yes | Biak |
9 | George Syors Simyapen | 1 May 2013 | 106, 110, Emergency Law 12/1951 | Trial ongoing | Biak flag-raising, 1 May commemoration | Yes | Yes | Biak |
10 | Jantje Wamaer | 1 May 2013 | 106, 110, Emergency Law 12/1951 | Trial ongoing | Biak flag-raising, 1 May commemoration | Yes | Yes | Biak |
11 | Domi Mom | 1 May 2013 | 106, 110 | Trial ongoing | Timika flag-raising, 1 May commemoration | No | Trial pending | Timika |
12 | Alfisu Wamang | 1 May 2013 | 106, 110 | Trial ongoing | Timika flag-raising, 1 May commemoration | No | Trial pending | Timika |
13 | Musa Elas | 1 May 2013 | 106, 110 | Trial ongoing | Timika flag-raising, 1 May commemoration | No | Trial pending | Timika |
14 | Eminus Waker | 1 May 2013 | 106, 110 | Trial ongoing | Timika flag-raising, 1 May commemoration | No | Trial pending | Timika |
15 | Yacob Onawame | 1 May 2013 | 106, 110 | Trial ongoing | Timika flag-raising, 1 May commemoration | No | Trial pending | Timika |
16 | Hengky Mangamis | 30 April 2013 | 106, 107, 108, 110, 160 and 164 | Trial ongoing | Aimas 1 May commemoration | No | Yes | Sorong |
17 | Yordan Magablo | 30 April 2013 | 106, 107, 108, 110, 160 and 164 | Trial ongoing | Aimas 1 May commemoration | No | Yes | Sorong |
18 | Obaja Kamesrar | 30 April 2013 | 106, 107, 108, 110, 160 and 164 | Trial ongoing | Aimas 1 May commemoration | No | Yes | Sorong |
19 | Antonius Safuf | 30 April 2013 | 106, 107, 108, 110, 160 and 164 | Trial ongoing | Aimas 1 May commemoration | No | Yes | Sorong |
20 | Obeth Kamesrar | 30 April 2013 | 106, 107, 108, 110, 160 and 164 | Trial ongoing | Aimas 1 May commemoration | No | Yes | Sorong |
21 | Klemens Kodimko | 30 April 2013 | 106, 107, 108, 110, 160 and 164 | Trial ongoing | Aimas 1 May commemoration | No | Yes | Sorong |
22 | Isak Klaibin | 30 April 2013 | 106, 107, 108, 110, 160 and 164 | Trial ongoing | Aimas 1 May commemoration | No | Yes | Sorong |
23 | Yahya Bonay | 27 April 2013 | Unknown | Unknown | Yapen police death | Yes | Trial pending | Serui police custody |
24 | Atis Rambo Wenda | 4 April 2013 | 170 | 10 months | Activist tortured in Waena, accused of violent crime | Yes | Yes | Abepura |
25 | Yogor Telenggen | 10 March 2013 | 340, 338, 170, 251, Emergency Law 12/1951 | Awaiting trial | Pirime shootings 2012 | Yes | Yes | Papua Provincial police station |
26 | Isak Demetouw (alias Alex Makabori) | 3 March 2013 | 110; Article 2, Emergency Law 12/1951 | Trial ongoing | Sarmi treason | No | Yes | Sarmi |
27 | Daniel Norotouw | 3 March 2013 | 110; Article 2, Emergency Law 12/1951 | Trial ongoing | Sarmi treason | No | Yes | Sarmi |
28 | Niko Sasomar | 3 March 2013 | 110; Article 2, Emergency Law 12/1951 | Trial ongoing | Sarmi treason | No | Yes | Sarmi |
29 | Sileman Teno | 3 March 2013 | 110; Article 2, Emergency Law 12/1951 | Trial ongoing | Sarmi treason | No | Yes | Sarmi |
30 | Andinus Karoba | 10 October 2012 | 365(2), Law 8/1981 | 1 year 10 months | Jayapura Demmak activist | Yes | Yes | Abepura |
31 | Yan Piet Maniamboi* | 9 August 2012 | 106 | Trial ongoing | Indigenous people’s day celebrations, Yapen | No | Yes | Serui |
32 | Edison Kendi* | 9 August 2012 | 106 | Trial ongoing | Indigenous people’s day celebrations, Yapen | No | Yes | Serui |
33 | Jefri Wandikbo | 7 June 2012 | 340, 56, Law 8/1981 | 8 years | KNPB activist tortured in Jayapura | Yes | Yes | Abepura |
34 | Timur Wakerkwa | 1 May 2012 | 106 | 2.5 years | 1 May demo and flag-raising | No | No | Abepura |
35 | Darius Kogoya | 1 May 2012 | 106 | 3 years | 1 May demo and flag-raising | No | No | Abepura |
36 | Bastian Mansoben | 21 October 2012 | Emergency Law 12/1951 | Trial ongoing | Biak explosives case | Possession of explosives | No | Biak |
37 | Forkorus Yaboisembut | 19 October 2011 | 106 | 3 years | Third Papua Congress | No | Yes | Abepura |
38 | Edison Waromi | 19 October 2011 | 106 | 3 years | Third Papua Congress | No | Yes | Abepura |
39 | Dominikus Surabut | 19 October 2011 | 106 | 3 years | Third Papua Congress | No | Yes | Abepura |
40 | August Kraar | 19 October 2011 | 106 | 3 years | Third Papua Congress | No | Yes | Abepura |
41 | Selpius Bobii | 20 October 2011 | 106 | 3 years | Third Papua Congress | No | Yes | Abepura |
42 | Wiki Meaga | 20 November 2010 | 106 | 8 years | Yalengga flag-raising | No | Yes | Wamena |
43 | Oskar Hilago | 20 November 2010 | 106 | 8 years | Yalengga flag-raising | No | Yes | Wamena |
44 | Meki Elosak | 20 November 2010 | 106 | 8 years | Yalengga flag-raising | No | Yes | Wamena |
45 | Obed Kosay | 20 November 2010 | 106 | 8 years | Yalengga flag-raising | No | Yes | Wamena |
46 | Yusanur Wenda | 30 April 2004 | 106 | 17 years | Wunin arrests | Yes | No | Wamena |
47 | George Ariks | 13 March 2009 | 106 | 5 years | Unknown | Unknown | No | Manokwari |
48 | Filep Karma | 1 December 2004 | 106 | 15 years | Abepura flag-raising 2004 | No | Yes | Abepura |
49 | Ferdinand Pakage | 16 March 2006 | 214 | 15 years | Abepura case 2006 | Yes | Yes | Abepura |
50 | Jefrai Murib | 12 April 2003 | 106 | Life | Wamena ammunition store raid | Yes | Yes | Abepura |
51 | Linus Hiel Hiluka | 27 May 2003 | 106 | 20 years | Wamena ammunition store raid | Yes | Yes | Nabire |
52 | Kimanus Wenda | 12 April 2003 | 106 | 20 years | Wamena ammunition store raid | Yes | Yes | Nabire |
53 | Numbungga Telenggen | 11 April 2003 | 106 | Life | Wamena ammunition store raid | Yes | Yes | Biak |
54 | Apotnalogolik Lokobal | 10 April 2003 | 106 | 20 years | Wamena ammunition store raid | Yes | Yes | Biak |
*Even though Edison Kendi and Yan Piet Maniamboi
have now been released from detention, they are still currently facing a
prison sentence of 2 years’ and 18 months’ respectively. The verdict is
currently being appealed. As reported in our September update, Kendi
was again detained and questioned in relation to peaceful demonstrations
before being released.
Papuans Behind Bars
aims to provide accurate and transparent data, published in English and
Indonesian, to facilitate direct support for prisoners and promote wider
debate and campaigning in support of free expression in West Papua.
Papuans Behind Bars is a collective effort initiated by Papuan civil
society groups working together as the Civil Society Coalition to Uphold
Law and Human Rights in Papua. It is a grassroots initiative and
represents a broad collaboration between lawyers, human rights groups,
adat groups, activists, journalists and individuals in West Papua, as
well as Jakarta-based NGOs and international solidarity groups.
Questions, comments and corrections are welcomed, and you can write to us at info@papuansbehindbars.org
Sumber : www.papuansbehindbars.org
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