1) PAPUA ACTIVISTS RISK YEARS IN JAIL
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- The Australian
- September 10, 2013
The six sailors who will take the final, perilous leg of the journey expect to reach Indonesian waters within two to five days, as reports emerge of increased troop movements and vessel interceptions at their destination port.
The venture looms as an early test for foreign minister designate Julie Bishop, who last night called for a "proportionate response" from Indonesia after accusations she had potentially put "Australian lives in danger" with earlier comments.
An Australian government official at a Thursday Island Customs office delivered a high-level government warning that the activists could face 20-year jail terms in Indonesia.
The official said the activists could be jailed for five years if charged for not having correct visas or permits or for the longer terms if prosecuted for "crimes against the security of the (Indonesian) state".
Greens senator Richard Di Natale has released a scathing letter to Ms Bishop in which he claimed comments by her that Indonesia was "entitled to use whatever means it wishes" in responding to the activists had potentially put their lives in danger.
Last night, Ms Bishop said while the protesters planned to "deliberately breach Indonesia's territorial sovereignty", she "would urge Indonesian authorities to respond proportionately".
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Posted at 03:45 on 09 September, 2013 UTC
The jailed leader of the self-proclaimed republic of West Papua Fokorus Yaboisembut has written to the Australian Prime Minister-elect Tony Abbott to congratulate him and seek support.
Mr Yaboisembut was named president of the two remote Indonesian provinces by separatist groups nearly two years ago.
Mr Yaboisembut asked Mr Abbott to help him address alleged human rights abuses in the provinces and to push Indonesia to allow foreign journalists and human rights defenders to visit.
He also asked Mr Abbott to help the Freedom Flotilla Peace and Justice’s activists who have sailed from
Australia to West Papua, and are due to arrive in Merauke this week.
The activists say 2500 troops arrived in Merauke late last month to bolster numbers at the Indonesian border.
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3) Papuans Behind Bars: August 2013
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................................
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4) Treason Charges against Aimas activists lack a proper legal foundation
COMMENT by Yan Christian Warinussy, Senior Lawyer and Executive-Director of LP3BH7 September, 2013
The questioning of the five witnesses that has taken place during the trial of seven civilians in Papua in the Sorong District Court who have been charged with Treason [makar] in accordance with Articles 106 and 108 of the Indonesian Criminal Code make it increasingly clear that the charges do not have a solid legal foundaton.
This is evident from the questioning of the five witnesses who were summoned by the Prosecutor on Tuesday, 2 September , namely Adjudant Commissioner [AKP] Krisistya Artanto Octoberna ( Chief of Narcotics Investigation at the police station in Sorong and three others, as well as and a policeman from the same police station named Basuki Rahman.
During their questioning it is clear that they were all involved in the assault operation against the group of civilians from Aimas and they were all in the vehicle which was on patrol at the location of the incident. Furthermore, also travelling in the same vehicle was the Head of the Operational Unit of Sorong Police Force.
Two of the witnesses also said that they saw a group of people who arrived to attack a mobile patrol who were armed with sharp implements but they had not seen the accused men [Isak Kaliaban and his colleaagues].
When they were asked by the legal counsel of the defendants from the Papuan Advocacy Coalition for Justice in the Aimas Case whether they possessed letters instructing them to appear, as is required by the Criminal Code, they said in reply that they did have the required documents.
This means that the five witnesses who were summoned by the Prosecutor on 26 August and on 2 September are all members of the Sorong Police Force and moreover, none of these witnesses produced any substantive legal facts which could be used as the basis for charging Isak Kalaiban and his colleagues.with Treason as stipulated in the indictments against the seven accused.
This means that the Investigation Report [BAP] which was drawn up by the Criminal Investigation Unit of the Sorong Police Force by the men being charged had not been correctly established as required by law which means that their testimony should not have been considered by the panel of judges.which is headed by R.M Christian Kolibu.
Therefore, we, the members of of the Papuan Advocacy Coalition for Justice in the Aimas Case, herewith state our determination to continue to defend the seven accused men in order to ensure that this case proceeds in strict accordance with the correct legal procedures and not in accordance with the manipulated charges being used to charge the seven accused in accordance with the 1945 Constitution and Law 39/1999 on Basic Human Rights as well as other human rights provisions to which they are entitled in accordance with international law which have been ratified and adopted by the Indonesian Government as a Member State of the United Nations.
In the forthcoming hearing which will take place on 9 September, the court will proceed to the stage of questioning each of the seven accused each as witnesses of the other defendants, which is not permitted according to the laws in force and the principles of jurisprudence.
We are of the opinion that the panel of judges should make it clear that the correct procedures will be adhered to in accordance with the Criminal Procedural Code, bearing in mind that this is what Papuan people would expect regarding the invstigation procedures as required by law in the case against Isak Kalaiban and his colleagues.
[Translated by TAPOL]
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5) LP3BH Urges the President so Resolve the Papua issue by means of Dialogue
COMMENT by Yan Christian Warinussy, Executive Director of LP3BH
8 September 2013
After carefully examining theoretic aspects of the question of dialogue as the way of resolving several conflicts in various parts of the world, I wish to present a concrete proposal to Dr Susilo Bambang Yudhoyono [SBY], the President of Indonesia, regarding the question of resolving the conflict in the Land of Papua by means of dialogue.
During a four-day visit to Geneva, I was able to become acquainted with efforts being made to resolve conflicts in other parts of the world such as South Philippines, Burma and Mali. It was clear to me that dialogue is an important method used in other conflicts in which Indonesia has been playing a positive role.
In my opinion, as we approach the end of the second term of he current presidency in 2014, it is very important for SBY to resolve the issue of Papua by involving all elements and components of the Papuan people.
As a defender of human rights in the Land of Papua, it is clear to me that as a consequence of resolving the issue of Papua, SBY would win acknowledgement as a world leader deserving widespread respect for having resolved the issue of Papua, which will resonate also on his whole administration as well as the various political parties which support him.
The image of his administration which is currently is rather lopsided could be changed completely if he shows that he has a clear vision regarding the issue of Papua by using his authority to enter into dialogue with Papua before the end of 2013.
Moreover, it could have a positive impact in several of the major countries across the world and strengthen Indonesia's position as a democratic country which is respected by all the countries that are currently in close alliance with Indonesia..
Translated by TAPOL]
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