Friday, April 11, 2014

Papuans Behind Bars: March 2014

http://www.papuansbehindbars.org
Papuans Behind Bars: March 2014

In brief

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

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

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

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

Since June 2013, students from the Papuan Student Youth Movement (Gerakan Mahasiswa Pemuda Rakyat Papua, Gempar-P) have been holding demonstrations condemning the secretive drafting of the Special Autonomy Plus (Otsus Plus) bill. Security forces have continued to react repressively by dispersing these demonstrations and ill-treating protestors. A demonstration organised by Gempar-P on 11 March was dispersed by Jayapura police on the grounds that, among other reasons, the group was not registered with the Department of National Unity and Politics (Kesatuan Bangsa dan Politik, Kesbangpol). This is a recurrent technique used by police to de-legitimise and control indigenous civil society groups, who generally find that if they do attempt to register with the Kesbangpol, their applications are ignored.

Indonesia’s top-down approach to development in Papua, as well as its unwillingness to consider a range of Papuan views, appears to be causing increasing unrest. When criticisms are expressed through peaceful protest, these actions are met with heavy-handed tactics leading to further unrest. Intransigent government approaches to development are in this way becoming a significant factor in fuelling instability Papua.

Arrests

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

Releases

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

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

Political trials and cases overview

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

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

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

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

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

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

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

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

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

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

News

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

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


March 2014 Papuan political prisoners



Prisoner
Arrested
Charges
Sentence
Case
Accused of violence?
Concerns reported re legal process?
Prison / Place of detention




1
Otis Waropen
2 March 2014
Unknown
Police investigation pending
Nabire civilian accused of being OPM
Uncertain
Uncertain
Nabire


2
Kristianus Delgion Madai
3 February 2014
Emergency Law 12/1951
Awaiting trial
Sentani weapons smuggling arrests
Yes
No
Jayapura police detention



3
Yenite Morib
26 January 2014
Unknown
Police investigation pending
Dondobaga church arrests
Yes
Yes
Mulia regional police station





4


Tiragud Enumby
26 January 2014
Unknown
Police investigation pending
Dondobaga church arrests
Yes
Yes
Mulia regional police station




5
Deber Enumby
4 January 2014
Emergency Law 12/1951
Police investigation pending
Kurilik firearms arrests
Yes
Yes
Papua Provincial police station


6
Soleman Fonataba
17 December 2013
106, 110)1, 53, 55
Awaiting trial
Sarmi 2013 Morning Star flag arrests
No / not yet clear
No
Sarmi police detention



7
Edison Werimon
13 December 2013
106, 110)1, 53, 55
Awaiting trial
Sarmi 2013 Morning Star flag arrests
No / not yet clear
No
Sarmi police detention



8
Yulianus Borotian
13 December 2013
170
Awaiting trial
Kerom civilian arrests
Yes
No
Abepura


9
Petrus Yohanes Tafor
13 December 2013
170
Awaiting trial
Kerom civilian arrests
Yes
No
Abepura


10
Wilem Tafor
13 December 2013
170
Awaiting trial
Kerom civilian arrests
Yes
No
Abepura



11
Pendius Tabuni
26 November 2013
170)1,170)2 (3), 351)1
On trial
Demonstration in support of FWPC PNG office arrests
Yes
Yes
Abepura



12
Muli Hisage
26 November 2013
170)1,170)2 (3), 351)1
On trial
Demonstration in support of FWPC PNG office arrests
Yes
Yes
Abepura



13
Karmil Murib
26 November 2013
170)1,170)2 (3), 351)1
On trial
Demonstration in support of FWPC PNG office arrests
Yes
Yes
Abepura




14
Tomius Mul
26 November 2013
170)1,170)2 (3), 351)1
On trial
Demonstration in support of FWPC PNG office arrests
Yes
Yes
Abepura



15
Nius Lepi
26 November 2013
170)1,170)2 (3), 351)1
On trial
Demonstration in support of FWPC PNG office arrests
Yes
Yes
Abepura




16
Tinus Meage
26 November 2013
170)1,170)2 (3), 351)1
On trial
Demonstration in support of FWPC PNG office arrests
Yes
Yes
Abepura



17
Mathius Habel
26 November 2013
170)1,170)2 (3)
On trial
Demonstration in support of FWPC PNG office arrests
Yes
Yes
Abepura




18
Agus Togoti
26 November 2013
170)1,170)2 (3)
On trial
Demonstration in support of FWPC PNG office arrests
Yes
Yes
Abepura



19
Natan Kogoya
26 November 2013
170)1,170)2 (3), 351)1
On trial
Demonstration in support of FWPC PNG office arrests
Yes
Yes
Abepura



20
Nikolai Waisal
26 November 2013
170)1,170)2 (3), 351)1
On trial
Demonstration in support of FWPC PNG office arrests
Yes
Yes
Abepura



21
Penius Tabuni
26 November 2013
170)1,170)2 (3), 351)1
On trial
Demonstration in support of FWPC PNG office arrests
Yes
Yes
Abepura



22
Piethein Manggaprouw
19 October 2013
106, 110
On trial
Third Papuan Congress demo in Biak
No
Yes
Biak Regional police station


23
Apolos Sewa*
28 August 2013
106, 110
Under investigation
Freedom Flotilla arrests in Sorong
No
Yes
On bail


24
Yohanis Goram Gaman*
28 August 2013
106, 110
Under investigation
Freedom Flotilla arrests in Sorong
No
Yes
On bail


25
Amandus Mirino*
28 August 2013
106, 110
Under investigation
Freedom Flotilla arrests in Sorong
No
Yes
On bail


26
Samuel Klasjok*
28 August 2013
106, 110
Under investigation
Freedom Flotilla arrests in Sorong
No
Yes
On bail



27
Stefanus Banal
19 May 2013
170 )1
1 year and 7 months
Pegunungan Bintang police raid 2013
Yes
Yes
Abepura



28
Victor Yeimo
13 May 2013
160
3 years  (handed down in 2009)
2009 demo; 13 May Jayapura demo
No
Yes
Abepura

29

Astro Kaaba
3 May 2013
Treason
Unknown
Yapen police death
Yes
Trial pending
Serui police station

30
Hans Arrongear
Unknown
Treason
Unknown
Yapen police death
Yes
Trial pending
Serui police station



31
Oktovianus Warnares
1 May 2013
106, 110, Emergency Law 12/1951
3 years
Biak flag-raising, 1 May commemoration
Yes
Yes
Biak



32
Yoseph Arwakon
1 May 2013
106, 110, Emergency Law 12/1951
1 year and 8 months
Biak flag-raising, 1 May commemoration
Yes
Yes
Biak



33
Markus Sawias
1 May 2013
106, 110, Emergency Law 12/1951
2 years
Biak flag-raising, 1 May commemoration
Yes
Yes
Biak



34
George Syors Simyapen
1 May 2013
106, 110, Emergency Law 12/1951
2.5 years
Biak flag-raising, 1 May commemoration
Yes
Yes
Biak



35
Jantje Wamaer
1 May 2013
106, 110, Emergency Law 12/1951
2 years
Biak flag-raising, 1 May commemoration
Yes
Yes
Biak


36


Domi Mom
1 May 2013
106, 110
8 months
Timika flag-raising, 1 May commemoration
No
Yes
Timika


37
Alfisu Wamang
1 May 2013
106, 110
8 months
Timika flag-raising, 1 May commemoration
No
Yes
Timika


38
Musa Elas
1 May 2013
106, 110
8 months
Timika flag-raising, 1 May commemoration
No
Yes
Timika


39
Eminus Waker
1 May 2013
106, 110
8 months
Timika flag-raising, 1 May commemoration
No
Yes
Timika


40
Yacob Onawame
1 May 2013
106, 110
8 months
Timika flag-raising, 1 May commemoration
No
Yes
Timika


41
Hengky Mangamis
30 April 2013
106, 107, 108, 110, 160 and 164
1 year and 6 months
Aimas 1 May commemoration
No
Yes
Sorong


42
Yordan Magablo
30 April
2013
106, 107, 108, 110, 160 and 164
1 year and 6 months
Aimas 1 May commemoration
No
Yes
Sorong


43


Obaja Kamesrar
30 April
2013
106, 107, 108, 110, 160 and 164
1 year and 6 months
Aimas 1 May commemoration
No
Yes
Sorong


44
Antonius Saruf
30 April
2013
106, 107, 108, 110, 160 and 164
1 year and 6 months
Aimas 1 May commemoration
No
Yes
Sorong


45
Obeth Kamesrar
30 April
2013
106, 107, 108, 110, 160 and 164
1 year and 6 months
Aimas 1 May commemoration
No
Yes
Sorong


46
Klemens Kodimko
30 April
2013
106, 107, 108, 110, 160 and 164
1 year and 6 months
Aimas 1 May commemoration
No
Yes
Sorong


47
Isak Klaibin
30 April
2013
106, 107, 108, 110, 160 and 164
3 years and 6 months
Aimas 1 May commemoration
No
Yes
Sorong

48
Yahya Bonay
27 April 2013
Unknown
Unknown
Yapen police
death
Yes
Trial pending
Serui police custody




49
Yogor Telenggen
10 March 2013
340, 338, 170, 251, Emergency Law 12/1951
Awaiting trial
Pirime shootings 2012
Yes
Yes
Wamena




50
Isak Demetouw (alias Alex Makabori)
3 March 2013
110; Article 2, Emergency Law 12/1951
2 years 2 months
Sarmi treason
No
Yes
Sarmi




51




Niko Sasomar
3 March 2013
110; Article 2, Emergency Law 12/1951
2 years 2 months
Sarmi treason
No
Yes
Sarmi




52
Sileman Teno
3 March 2013
110; Article 2, Emergency Law 12/1951
2 years 2 months
Sarmi treason
No
Yes
Sarmi


53
Jefri Wandikbo
7 June 2012
340, 56, Law 8/1981
8 years
KNPB activist tortured in Jayapura
Yes
Yes
Abepura

54
Timur Wakerkwa
1 May 2012
106
2.5 years
1 May demo and flag-raising
No
No
Abepura


55
Darius Kogoya
1 May 2012
106
3 years
1 May demo and flag-raising
No
No
Abepura


56
Selpius Bobii
20 October 2011
106
3 years
Third Papua Congress
No
Yes
Abepura


57
Forkorus Yaboisembut
19 October 2011
106
3 years
Third Papua Congress
No
Yes
Abepura


58
Edison Waromi
19 October 2011
106
3 years
Third Papua Congress
No
Yes
Abepura



59
Dominikus Surabut
19 October 2011
106
3 years
Third Papua Congress
No
Yes
Abepura


60
August Kraar
19 October 2011
106
3 years
Third Papua Congress
No
Yes
Abepura


61
Wiki Meaga
20 November 2010
106
8 years
Yalengga flag-raising
No
Yes
Wamena



62
Oskar Hilago
20 November 2010
106
8 years
Yalengga flag-raising
No
Yes
Wamena


63
Meki Elosak
20 November 2010
106
8 years
Yalengga flag-raising
No
Yes
Wamena


64
Obed Kosay
20 November 2010
106
8 years
Yalengga flag-raising
No
Yes
Wamena

65
George Ariks
13 March 2009
106
5 years
Unknown
Unknown
No
Manokwari

66

Ferdinand Pakage
16 March 2006
214
15 years
Abepura case 2006
Yes
Yes
Abepura


67
Filep Karma
1 December 2004
106
15 years
Abepura flag-raising 2004
No
Yes
Abepura


68
Yusanur Wenda
30 April 2004
106
17 years
Wunin arrests
Yes
No
Wamena



69
Linus Hiel Hiluka
27 May 2003
106
19 years and 10 months
Wamena ammunition store raid
Yes
Yes
Nabire


70
Kimanus Wenda
12 April 2003
106
19 years and 10 months
Wamena ammunition store raid
Yes
Yes
Nabire



71

Jefrai Murib
12 April 2003
106
Life
Wamena ammunition store raid
Yes
Yes
Abepura


72
Numbungga Telenggen
11 April 2003
106
Life
Wamena ammunition store raid
Yes
Yes
Biak


73
Apotnalogolik Lokobal
10 April 2003
106
20 years
Wamena ammunition store raid
Yes
Yes
Biak

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

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

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

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


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