2) The Flag Not the Issue: Papua Needs Development
3) Court hears gun pointed at students during Papuan treason suspects’ arrest
4) Witness describes police violence, racist slurs during arrest of Papua students
5) Pretrial hearing finds Papua treason suspects shown warrants day after arrest
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1) Police officers accused of sexually harassing prisoner in Papua
Victor Mambor The Jakarta Post
Jayapura / Thu, December 5, 2019 / 06:25 pm
Papua Police chief Insp. Gen. Paulus Waterpauw has confirmed that two police officers are under investigation for alleged sexual harassment of a woman prisoner at the Papua Police headquarters in Jayapura.
“[The officers] are being dealt with by internal affairs,” Paulus told The Jakarta Post in a WhatsApp message on Thursday. “We will process these deplorable human beings.”
The allegations came to light after the prisoner told her lawyer that she had been sexually harassed by two policemen, identified only by the initials RO and W.
“The sexual abuse occurred twice. Once on the morning of Nov. 14 and then on Dec. 2,” the woman’s lawyer Yohanis Mambrasar said.
Yohanis said that the first incident occurred in the Papua Police’s visitation room at around 10:00 a.m. on Nov. 14, when the prisoner was sweeping the room. RO entered the room and asked her to have sex with him.
“According to the victim, RO asked her to have sex four times, but she ignored him,” Yohanis said, adding that the incident scared her and left her unable to sleep.
The prisoner reported the incident to a female police officer named Welly, who told her to tell any other officers who tried to harass her that she would report them to Welly.
Yohanis said the second incident occurred when another officer, W, came to her cell during the early hours of Dec. 2.
The prisoner awoke when she felt someone sitting on her bed. Once she was awake, W started asking her questions, starting from questions about her family to more personal questions, ending with W asking her to have sex with him.
At this point, she screamed, causing other detainees to wake up.
The prisoner, a university student, was detained on Oct. 11 for suspected involvement in demonstrations that turned violent in Wamena on Sept. 31
She was initially held in custody at the Jayawijaya Police station in Wamena before being moved to Jayapura.
Yohanis said that the woman had also received verbal intimidation from police officers when she was at the Jayawijaya Police station.
“For example, in the middle of the night a police officer came to the victim and accused her of setting fire to a university building in Wamena and pointed a weapon at her feet,” he said.
The woman’s father also said that her parents had not been informed about her being moved to Jayapura and said that the sexual abuse incidents had made want to return to Wamena.
“We ask that Komnas Perempuan [National Commission on Violence Against Women] and Komnas HAM [National Commission on Human Rights] take action according to their authority to protect victims of violence against women such as [the prisoner],” Yohanis said. (kmt)
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2) The Flag Not the Issue: Papua Needs Development
5 December 2019 21:17 WIB
By: Leanne Nebe | Translation by Melinda Chang. Leanne Nebe traveled to Indonesia with the support of the Australian Government’s New Colombo Plan Mobility Scheme.
Marani, a strategiccommunications student from Wamena, has a MorningStar (Bintang Kejora) flag t-shirt, but his parents won’t let him wear it in public.
“Be careful when wearing that shirt there. Wear it at home only, not outside,” Marani says while imitating his mother’s voice. “She’s afraid there is some kind of government device that will see and capture you for wearing it.”
Marani wants to bring clothes like this to Tangerang, where he studies but is constrained by fear.
“On the one hand I do have this fear of being caught wearing this shirt, but on the other hand, why? It’s just a shirt. But on the first of December, I will still post on Instagram ‘Happy Independence Day,’ because for me the Morning Star Flag is a Papuan people’s flag.”
According to the Free Papua Movement, West Papuans continue to be persecuted for raising the flag in public, which is seen as a separatist symbol. More than 300 people were reportedly arrested in Surabaya in flag-raising demonstrations on December 1, 2018.
While the Morning Star Flag has become a controversial symbol and source of conflict between Papua and the Indonesian government, activists and experts agree that the flag is a minor issue compared to concerns about development and a Papuan voice in political decision-making.
Amnesty International’s (AI) national campaign manager, Puri Kencana Putri, says the real problems and root causes of tensions are the need for intimate infrastructures such as clean water supplies, education facilities, and transportation.
“What we have is a tricky and problematic situation,” she says.“The government should first of all try to understand what the actual underlying problem is.”
A scathing 2018 AI report highlighted human rights violations and the need for systems to ensure police accountability and impartiality in the courts.
Putri proposes that the Indonesian government needs to have a clear approach to address human rights issues in West Papua within the next five years, and suggested the President invitePapuan students and citizens meet at the Presidential Palace.
“If the government is still using draconian laws, the unrest and protests will still be there. We need to put hope into West Papua instead of more problems.”
Marani has hope in the re-elected President Widodo and thinks he has a kind heart when it comes to West Papua.
“I feel that Jokowi really cares about us genuinely, unlike previous leaders, and he’s really trying to make a difference,” he says.
Marani, recognizes that West Papua may have short-term teething problems with the government, but like Putri, believes dialogue can lead to a solution.
“I just don’t think West Papua and the rest of Indonesia can collaborate in the long term. We have autonomy. We just need the government to listen to our problems first. Infrastructure and development are what we need.”
Prof Dr. Bambang Laksmono, head of the Papua Research Centre at the University of Indonesia, similarly identifies development is a key issue for the people of West Papua.
“Everyone needs development,” Laksmono said.
“West Papuans are angry because certain generations feel marginalized, they felt like they didn’t benefit from government reform during the Suharto era. We now have youngsters who are confused and upset, fuelled by what they see is a continual disappointment.”
When it comes to the issue of raising the Morning Star flag, its use still puts the government in a difficult position, Laksmono says.
“The problem I see is that if the government allows this kind of ‘flexible identity’ to occur, then this could ultimately permit space for other identity flags, and the promotion of other religious ideas.
“Freedom is a politically powerful tool, but in this context, back in 1969, West Papua did hold a referendum for Independence, and they ultimately chose Indonesia.”
Minister for Home Affairs Prof Muhammad Tito Karnavian, who spent two years as Head of Police in Papua, is concerned by the secession movement. He says Papua is important to Indonesia’s history, and should the Papuans separate from Indonesia, this would have a domino effect, with other provinces possibly also wanting to secede.
Some Papuans describe the 1969 referendum as a sham, due to the participation of only 1,026 leaders picked by the military to vote on behalf of the whole population.
Tito, however, notes that the referendum was conducted during the years in which the government of President Suharto was consolidating the Indonesian nation and sees it as a significant symbol of integration.
“After the Cold War was over, in the case of Papua, they had a strong, legal international platform for integration, which is why in 1969 they voted to stay with Indonesia.”
However, he does not outright reject the voicing of independence, holding of demonstrations or use of the Morning Star flag.
“As long as it is respectful, as long as you are peaceful in your demonstrations, the police, are not really strict, he says.
“Basically, it is simple. Do not close the road system, do not create a public disturbance, have respect for ethics and morale, and respect other people’s rights and keep the unity of the country. As long as there is no threat to National Security, there is no problem.”
“I love Papua. I love the people there. There are so many nice, sincere people there, and I want to help them,” he says. “If there was ever any conflict or tribal warfare, I’d try to get there as quickly as possible, to help mediate or reconcile any issues, and doing this gave me a great feeling of happiness.”
Considering the issue of development, Tito is critical of Papuan bureaucrats’ handling of money.
The Jokowi Government continues to invest money into West Papuan development projects too, but where that money goes is another cause for concern, with speculation that high levels of corruption from local Papuan bureaucrats are to blame for misappropriation of financial resources.
“There is gross mismanagement from the committee of Human Resources based in Papua,” Tito says, "but the Indonesian Government is working on helping Papuans manage this money appropriately, so we know exactly where it is going."
Ultimately, when it comes to development issues, internal bureaucratic problems can be blamed in the short-term, however, it is the poorer communities in Papua who are suffering and are unaware of the administrative problems affecting their province.
The internal governments may continue to blame each other, but when it comes to Papuan people such as Marani, who is relatively unaware of local administrative processes, minimal change can be seen.
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3) Court hears gun pointed at students during Papuan treason suspects’ arrest
KBR – December 4, 2019
Lea Citra, Jakarta – A witness has testified that police pointed a pistol at residents during the arrest of two Papuan students, Charles Kossay and Dano Tabuni, during a raid on the Lani Jaya student dormitory in Depok, West Java, on August 30.
The two Papuan students were arrested in relation to a protest action in front of the State Palace on August 28 in which the Morning Star independence flag was flown.
The testimony was given by Yumilda Kaciana at the South Jakarta District Court on Wednesday December 4. The court was holding a hearing into a pretrial suit challenging the arrest of Indonesian People’s Front for West Papua (FRI-WP) spokesperson Surya Anta, Kossay, Tabuni and three other Papuan students on charges of makar (treason, subversion, rebellion).
Kaciana said that police pointed a pistol at one of the students named Issay Wonda. The residents of the student dormitory tried to defend themselves when police forced their way in and threatened them with a pistol.
Kaciana also revealed that during the arrest of Kossay and Tabuni the police committed violence, theft and coercion.
“When the dormitory was being raided (by police) they took two megaphones. Then there were banners [belonging to] the Lani Jaya Korwil [regional coordinating] organisation. There were two white T-shirts, one with the motive of the Morning Star [flag], and one which was painted in red, blue and white. It was painted using wall paint. Minutes from an organisational meeting [were taken]. There was one scarf with the Morning Star motive, as well as a noken [traditional woven bag] with the Morning Star motive”, said Kaciana during her testimony on Wednesday.
Kaciana revealed that the police also took two cell phones belonging to dormitory residents. During the raid police briefly showed them an arrest warrant but they were not able to read it.
Kaciana asked to be given a chance to take a photograph of the warrant but police refused. Her mobile phone was also taken. According to Kaciana, there were around 50 police officers, 15 of which entered the dormitory while 35 others remained outside. At the time there were around 24 residents in the dormitory.
Kaciana related how during the arrests the police brought a witness who they did not recognise. She was sure that the witness brought by police was not from local neighbourhood association (RT) or the community unit (RW). Meanwhile an official from the RT who later arrived at the dormitory did so because there was an uproar but they knew nothing whatsoever about the arrests.
Another witness, Vonny Kogoya, give a similar testimony. Kogoya said that the police forced their way in by climbing over the wall next to the kitchen. At the time the front gate to the dormitory was locked. Police did not ask permission to enter, identify themselves or explain why they had come to the dormitory.
“There are three rooms there. First they went into the middle room. Then they asked for a key to a cupboard, but I said I didn’t know where it was because I was not the person who owned the cupboard. They then tried to open the cupboard but were unable to do so, eventually they left the room. Then they entered another room and took things”, said Kogoya.
[Translated by James Balowski. The original title of the article was “Saksi: Polisi Todongkan Pistol Saat Tangkap Aktivis Papua”.]
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4) Witness describes police violence, racist slurs during arrest of Papua students
CNN Indonesia – December 4, 2019
Jakarta – A Papuan activists has testified that the police acted violently and made racist remarks during a raid on a Papuan student dormitory in Jakarta. This was revealed by Naliana Gwijangge during a pretrial hearing in a case of alleged treason against six students and Papuan activists.
Gwijangge said that she personally suffered this treatment when police were carrying out the arrests at a Papua student dormitory in the Tebet area of South Jakarta.
“A polwan [female police officer] at the front gate said ‘They’re all orangutans’, but from there I didn’t know they wore uniforms. I got up slowly”, said Gwijangge during her testimony at the South Jakarta District Court on Wednesday December 4.
She related that initially she was at a minimarket near the dormitory along with Norince Kogoya and Arina Lokbere, one of the six suspects charged with treason.
Gwijangge said that they were arrested in front of the minimarket. Because she was afraid, she decided to run towards the dormitory while her two companions were arrested by the police.
Gwijangge claimed that she did not know the reason for the arrests. When she arrived at the dormitory, police attempted to take her to the Metro Jaya regional police headquarters in a car.
At the time she was only wearing a singlet and asked to be able to change her cloths first, but she was not given the opportunity to do this because the police then dragged her into the car.
“I wanted to change my cloths, but was ordered to get into [the car]”, she testified. “So when I was pulled out, I was still struggling”, she added.
The allegations of makar (treason, subversion, rebellion) were made following a rally in front of the State Palace on August 28 in which the Morning Star independence flag was flown.
Police then arrested six people one after the other on August 30 and 31. They were then declared suspects on charges of makar. (mjo/eks)
Notes
According to a report by Kompas.com on the same day, Gwijangge also testified that police make racist remarks inside the dormitory as she was pleading with them to change her cloths.
[Translated by James Balowski. The original title of the article was “Sidang Dugaaan Makar, Saksi Sebut Dikatai Orang Hutan”.]
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5) Pretrial hearing finds Papua treason suspects shown warrants day after arrest
Tirto.id – December 4, 2019
Adi Briantika – A pretrial hearing in a case of alleged treason by six Papuan political prisoners heard testimony from the plaintiffs on Wednesday December 4. The lawyers for the plaintiffs took the opportunity to present an expert witness.
Trisakti University Criminal Law lecturer Abdul Fickar Hadjar, who appeared as the expert witness, responded in general terms to questions from the plaintiffs’ lawyer, the defendant (the Metro Jaya regional police criminal detective directorate) and the presiding judge at the South Jakarta District Court, Agus Widodo.
A number of issues were highlighted such as alleged irregularities during the arrests, the raid and searches and the indictment of the suspects. The plaintiffs argued that these were illegal. The lawyer representing the six suspects, Oky Wiratama Siagian, asked whether the arrests were carried out in accordance with the Criminal Procedural Code (KUHAP).
Hadjar testified that arrests are part of coercive measures – an authority afforded to investigators, prosecutors and courts. He said that the arrests fall under the jurisdiction of procedural law, meaning that there are procedures which must be followed.
“When the investigators or police investigators made the arrests, were they furnished with warrants? Were the subjects of the arrests based on sufficient evidence? That’s a legality issue”, said Hadjar during his testimony at the court.
According to Hadjar, it is required by law, in this case the police, that they must have an arrest warrant.
If they do not have an arrest warrant, there are exceptions in the case of the arrest of people caught in the act. “But if they’re not caught in the act, in the case of an arrest because of a report, then criminal investigators must be furnished with a warrant”, said Hadjar.
Siagian emphasised the issue of the arrest process because they allege that it was illegal. They alleged that the six suspects were presented with arrest warrants the day after they were arrested.
The suspects charged with alleged makar (treason, subversion, rebellion) are Paulus Suryanta Ginting (39), Anes Tabuni alias Dano Anes Tabuni (31), Charles Kossay (26), Ambrosius Mulait (25), Isay Wenda (25) and Arina Elopere alias Wenebita Gwijangge (20).
Indonesian People’s Front for West Papua (FRI-WP) spokesperson Ginting who was arrested on August 30 was provided with an arrest warrant on August 31. The warrant, which was designated Number: SP.Kap/1720/VIII/2019/ditreskrimum, was dated August 30, 2019.
Kossay and Tabuni also received arrest warrants on Augusts 31, but were likewise arrested on August 30. Kossay’s warrant which was designated Number: SP.Kap/1721/VIII/2019/ditreskrimum, was dated August 30. Tabuni’s warrant, which was designated Number: SP.Kap/1722/VIII/2019/ditreskrimum, was also dated August 30.
Mulait and Wenda received arrest warrants on September 1 but were arrested on August 31. Mulait’s warrant designated Number: SP.Kap/1719/VIII/2019/ditreskrimum was dated August 30 and Wenda’s warrant designated Number: SP.Kap/1739/VIII/2019/ditreskrimum was also dated August 30.
Elopere and Gwijangge were never provided with arrest warrants.
In addition to this, according to Siagian, arrest warrants must be based on sufficient preliminary evidence as regulated under Article 17 of the KUHAP. Then, a person can only be declared a suspect (charged) after they have been legally and appropriately summoned as a witness twice in succession, in accordance with Article 19 Paragraph (2) of the KUHAP.
Meanwhile the lawyer for the defendant, Assistant Superintendent Nova Irone Surentu, asked about the authority of criminal investigators in arresting suspects. Hadjar explained that there are two different situations, namely arrests made with an arrest warrant or arrests when a crime is in process. “These two situations provide authority to criminal investigators to make an arrest, but still the essence is the legal basis”, replied Hadjar.
The suspects are alleged to have committed makar because they flew the Morning Star independence flag in front of the State Palace on August 28 during a rally opposing racism against indigenous Papuans. (tirto.id – Hukum)
[Translated by James Balowski. The original title of the article was “Sidang Tapol Papua, Ahli Jelaskan Soal Legalitas Penangkapan – Tirto.ID”.]
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