Papuans Behind Bars: March 2014

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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