Monday, February 17, 2014

1) Papua Police Officer Charged With $129 Million Laundering Escapes with Two-Year Sentence



1) Papua Police Officer Charged With $129 Million Laundering Escapes with Two-Year Sentence
2) W. Papua councilors to  appeal verdict 
3) West Papua - Indonesia dialogue is essential
4) Blasius Sumaghai beaten by Indonesian Navy Officers in Bade, Mappi


-----------------------------------------------------------------------------------------------------------------



1) Papua Police Officer Charged With $129 Million Laundering Escapes with Two-Year Sentence

  
Jakarta. A court in Papua was unable to convict a low-ranking police officer of money laundering on Monday despite evidence of wire transfers totalling Rp 1.5 trillion ($129 million) from his bank accounts and the confiscation of 400,000 liters of fuel and tons of illegal lumber on a boat registered in his name.
Adj. First. Insp. Labora Sitorus was instead sentenced to two years in prison for illegal-logging activities.
“The defendant, L.S., has been proven convincingly guilty of a crime by buying forest products which were taken illegally,” the judge said, reading out the verdict on Monday. “So, L.S. is sentenced to two years in prison and a fine of Rp 50 million [$4,000].”
Prosecutors had demanded a 15-year prison term for Labora on charges of fuel smuggling, money laundering and illegal logging. The prosecution was not, however, able to prove the money-laundering and fuel-smuggling charges.
Labora was arrested in Jakarta in May, 2013, after authorities found 400,000 liters of fuel on a boat registered in his name. A total of 1 million liters have been seized by officials since Labora was first arrested. Some 2,264 cubic meters of illegal merbau lumber were also seized from the boat, and it is for this offense that Labora has been convicted.
The head of the Papua Prosecutors Office E.S. Maruli Hutagalung said that he would file an appeal to the West Papua High Court.
“A two-year sentence is far below the prosecutors’ request of 15 years, clearly it’s not commensurate with our demand, therefore we will file appeal,” Maruli said.
Maruli was at a loss to explain how a poorly paid member of the local police force could have been sentenced to just two years, when his office had, he said, produced evidence indicating that Labora had built up an extraordinary level of personal wealth from ciminal activity.
“We indicted L.S. with cumulative charges of oil-and-gas [smuggling], illegal logging] and money laundering,” Maruli said. “But only the illegal logging was proved. Money laundering was not proved despite the money being transferred to his bank account.”
The National Police is frequently rated as the most, or one of the most, corrupt institutions in Indonesia in perceptions surveys. The recently inaugurated chief of the National Police, Comr. Gen. Sutarman, has said that sanitizing the image of the police is a priority during his tenure.
------------------------------------------------------------------------------------------------

2) W. Papua councilors to  appeal verdict  

Up to 44 West Papua councilors, who were sentenced by the Jayapura Corruption Court to 12-15 months in jail and fined Rp 50 million (US$ 4,277) each for graft will file appeals with the High Court.
“All of my clients agreed to appeal,” Piet Ell, a lawyer for the 44 councilors, told The Jakarta Post Monday, adding that the appeal would be registered on Feb. 24.
In a court trial on Feb. 10, 2014, presiding judge Khairil Fuad sentenced West Papua Legislative Council speaker Yohan Yosep Auri and first deputy speaker Robert Melianus Nauw to 15 months in prison and a fine of Rp 50 million (US$ 4,277), respectively. Second deputy speaker Jimmy Demianus Idjie and 41 other councilors received 12 months in prison with the same fine, each.
The 44 councilors were found guilty of borrowing Rp 22 billion from private company PT Padoma in September 2010. The money was taken from a fund allocated to PT Padoma by the provincial administration for programs involving natural resources management, development, trade, industry and services.
According to Piet Ell, his clients said the judges did not take into consideration testimonies by Philipus H John from Airlangga University, Surabaya, who indicated the councilors were executives of the fund.
Piet also mentioned that the case was not criminal fraud: It was a civilized borrowing and re-borrowing of money. However, West Papua law practitioner Yan Christian Warinussy said otherwise.
“The money they used belonged to the Papua administration. If the money was borrowed by members of the legislative council, isn’t that an act of corruption?” Yan told the Post.
In a related development, prosecutor Yos Salvador said that the team of prosecutors would also appeal against the verdict.
"The team of prosecutors will also appeal due to the absence of order for arrests against the councilors," Yos added. (bcw)
----------------------------------------------------------------------------------------------------------
3) West Papua - Indonesia dialogue is essential

Comment by Yan Christian Warinussy, Executive Director of the LP3BH on 11 February 2014


It is clearly apparent that President Susilo Bambang Yudhoyono is no longer able to take any initiatives either personally or in his role as the head of state to resolve the problem of West Papua, either by means of dialogue or in other ways.

I speak as the executive director of the LP3BH. after seeing how the Papuan people as well various groups in Indonesia and abroad have stressed  the need for a peaceful solution of the social and political conflict in west Papua.

This unresolved conflict continues to involve armed operations by the TNI/Polri  [Indonesian Army and Police Force] as well as the TPN/OPM [National People's Army and the OPM]  It is crucial for this conflict to be resolved by peaceful dialogue facilitated by a neutral third party.

As a human rights defender working in West Papua,  I wish to make it clear that this conflict dates back to the presidency of Sukarno  who promulgated  his Trikora Command - the Triple People's Demand - on 19 December 1961 in Yogyakarta.

Since 1969, military activities have resulted in many deaths. According to some sources, that there have been as many as 100,000 deaths in West Papua.

According to the stipulations in articles 8 and 9 of Law No. 26, 1969 regarding human rights courts, as well as articles 45 and 46 of Law No 21, 2001 on special autonomy  for the province of West Papua as amended by Law No 35, 2008, the conflict should be resolved by peaceful means.

However, the Indonesian Government does not have the political will to push for and support the resolution of all the grave human rights violations that have been perpetrated in West Papua.

The military units which are believed to be involved in these operations appear to be functioning without any clear command and some of those involved are even putting themselves forward as candidates in the forthcoming presidential election which is due to take place in 2014.

The numerous human rights violations which have been occurring in West Papua since 1961 have been going on for more than fifty years. This is according to a report issued by the Papuan Peace Network [Jaringan Damai Papua] which states that this should be used to draw up an agenda for a peaceful dialogue between the Papuan people and Indonesia.

In my role as the executive director of LP3BH, I would like to submit my proposals to the government of President Susilo Bambang Yudhoyono for its consideration for a peaceful dialogue with the Papuan people.

The decision taken by the central government, as proposed through the intermediary of the governor of Papua, Lukas Enembe and the governor of West Papua, Abraham Atururi along with the Provincial legislative assembly [DPRP] and the Papuan Peoples Council (MRP) in the form of a special law known as OTSUS Plus [an amended version of the Special Autonomy Law of 2001] is clearly unconstitutional  and is in violation of the basic rights of the Papuan people as  citizens of Republic of Indonesia in accordance with the 1945 Constitution and Law No 24, of 2003 regarding the Supreme Court [Mahkamah Konstitusi] and Law No. 10 of 2004.

The Indonesian Government should be reminded of the fact that the idea of holding a peaceful dialogue is based on historical facts and the customary and cultural life style of the Papuan people.

Their aspirations should be welcomed by the Indonesian Government which has stated in the past that it is willing to hold dialogue with all those living in the Land of Papua.

However, it is clearly evident that the President has never adopted any legal measures which would provide the basis for holding a peaceful dialogue with the Papuan people.

[Translated by Carmel Budiardjo]
--------------------------------------------------------------------------------------------
via regwestpapua list
4) Blasius Sumaghai beaten by Indonesian Navy Officers in Bade, Mappi

https://awasmifee.potager.org/?p=764

Source:
http://majalahselangkah.com/content/blasius-sumaghai-dianiaya-oknum-tni-al-di-bade

plus trusted sources from Mappi

Mappi, Majalah Selangah – Blasius Sumaghai (23 years old), a resident of
Bade village, Edera District, Mappi, Papua has been beaten by members of
the Indonesian Navy. The reasons for the beating were not clear.

According to information compiled by majalahselangkah.com, Blasius
Sumaghai, the son of the late Abraham Sumaghai who was an Awyu community
leader, was beaten by several Navy officers on the 26th January 2014.
The beating meant that Blasius Sumaghai was unable to walk for four
days. He is still in a fairly serious state of trauma.

The incident reportedly started as Blasius Sumaghai was seated outside a
kiosk on Jalan Duyumu in Bade Village. Suddenly two Navy officers who
were stationed at the Bade Navy outpost showed up. They showed no
initial courtesy, just directly started striking the victim on his back
and chest using the butts of their rifles

After the beating, our source said that the victim was brought to the
Navy outpost on a motorbike. On arrival at the outpost, he was beaten
over his whole body using rifle butts and hosepipes. He suffered serious
injuries.

It is reported that Blasius Sumaghai is not the only person to have
suffered violent harrassment at the hands of the Navy. Yustinus
Akabagaimu, the 27-year-old son of local teacher Xaverius Akabagaimu,
has also been beaten up without any clear reason.

Yustinus is currently unable to walk as a result of the beating he
received. Several victims of harassment are unable to bring a case
against the perpetrators either because of fear or because they don’t
know to whom they should bring their complaint.

Majalah Selangkah‘s credible informant has said that that members of the
security forces have often carried out beatings of young men in Bade
when residents have reported that the men have done something wrong.

“But that’s what the police are for. What is Bade Police station doing?
The police are clearly tasked with maintaining law and order. The Navy’s
role is to fight wars against other countries. Why should the navy take
over the Police’s job right in front of their face? It’s very strange”,
said the aforementioned source, sounding surprised.

The police in the Bade Police Station reportedly cannot be counted upon
to maintain law and order in the area. As the community were celebrating
Christmas 2009, the festive season which should be full of happiness was
tainted by the murder of a young local man, Stefanus Silooy (38). He was
killed by three police officers. This incident ended up with the
community destroying the local police station.

In fact, a naval outpost in Bade is not strategic for national defence,
because Bade is located on the shore of the Digoel River, and not on the
coast. The town should really be guarded by a water-borne police unit.
So why is the Indonesian Navy present in Bade? Actually they are there
to demand tribute from plywood and palm oil companies: the Korindo group
in Asiki which has been operating since the nineties and PT MAM which
has recently commenced operations near Bade.

Bade is a strategic port town, because all the plywood and Crude Palm
Oil produced by PT Korindo in Asiki can only be transported by one
route, the Digoel River. Bade represents the entrance and exit to this
river system.

Source: Majalah Selangkah
http://majalahselangkah.com/content/blasius-sumaghai-dianiaya-oknum-tni-al-di-bade

[awasMIFEE note: a source in Mappi has interviewed the victim and passed
on these photos of his injuries, and also a letter from Blasius Sumaghai
and his family addresses to the Governor of Papua Province, reproduced
below in Indonesian. We haven't translated it because the content is
very similar to the Majalah Selangkah article above, but it is worth
mentioning that the family request action be taken against the
perpetrator and to close down the Navy Outpost.

We don't have any further information about the new company mentioned,
PT MAM, but hope to find out more about its operations in the future.
Bade is on the Mappi side of the Digoel river, but lies close to the
border with Merauke Regency - Korindo's Dongin Prabhawa plantation is
also just a few kilometres away.]


   Kepada

   Yth. Bapak Gubernur Provinsi Papua

   Di –

   Jayapura.

   Dengan Hormat.

   Bersama ini Kami warga masyarakat Bade – Distrik Edera Kabupaten
Mappi, datang kehadapan Bapak Menyampaikan kepada bahwa telah terjadi
beberapa kasus penganiayaan, sejak keberadan Pos TNI Angkatan Laut di
Bade distrik Edera yang di lakukan oleh Oknum – oknum anggota TNI AL.

   KORBAN

   Nama, Blasius Sumaghai umur 23 Tahun agama Katholik, alamat Bade
Kampung Distrik Edera. Kabupaten Mappi.

   PELAKU.

   ANGGOTA TNI ANGKATAN LAUT MERAUKE, POS PAM BADE DISTRIK EDERA.

   KRONOLOGIS KEJADIAN

   Pada tanggal 26 januari 2014,jam19: 45, korban sedang duduk di depan
kios di jln duyumu RT VI Bade Kampung distrik Edera Kabupaten Mappi,
datang 2 anggota POS TNI AL, dan langsung memukul korban denga
menggunakan Popor Senjata dari Punggung dan dada Korban, lalu di bawa ke
POS TNI AL. dengan menggunakan Kendaraan Roda dua. Sesampai di pos
korban di pukul dengan menggunakan popor senjata, dan slang air. Yang
menggakibatkan korbang luka – luka, sehingga korban tidak dapat berjalan
selama 4 hari, saat ini korban masih trauma dengan kejadian tersebut.

   Adapun korban lain yang perna di aniaya oleh Oknum anggota TNI AL
POS PAM BADE.

   1. YUSTINUS KABAGAIMU, umur 27 tahun Bade. Di pukul yang
mengakibatkan tidak dapat berjalan.

   Masih banyak korban lain tetapi masyarakat takut melapor.

   POS TNI AL di Bade ada karena ada bebera Perusahaan PLAY WOOD
KORINDO dan Perusahan KELAPA SAWIT

   Permohonan Masyarakat.

   1. Oknum Pelaku harus di tindak

   2. POS TNI AL BADE Di DISTRIK EDERA KABUPATEN MAPPI harus di
Tutup/cabut, karena tidak sesuai dengan Aturan Perundang – undangan,

   3. Dimohon ada penyelidikan tentang keberada ANGKATAN LAUT DI SUNGAI
DIGUL BADE.

   4. Bade distrik Edera terdapat POLSEK, KORAMIL, POS YONIF TNI AD 755
YALET dan POS TNI ANGKATAN LAUT.

   Kami lampirkan photo – photo korban Blasius Sumaghai.

   Demikian surat kami Atas perhatian dan Bantuan Bapak kami haturkan
terima kasih.

   Bade, 01 February 2014

   Korban

   BLASIUS SUMAGHAI.

No comments:

Post a Comment