2) 18 Nduga displaced residents in Jayawijaya die after being denied healthcare access
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1) ’It’s illegal’: Merauke court hears expert witness for 14 KNPB arrest case
West Papua No. 1 News Portal
News Desk January 25, 2021 5:03 pm
Executive members of the West Papua National Committee (KNPB) at their second congress, Jayapura, October 2018. Photo: Supplied
Jayapura, Jubi – Merauke District Court in Papua held a pre-trial hearing to judge whether the arrest of 14 West Papua National Committee (KNPB) activists in Merauke last month was legal or not.
On Thursday, Jan. 21, 2021, the court had Dr. Nur Asmarani, a criminal law expert, on the stand. According to a release issued by Coalition of Human Rights Lawyers of Papua, Nur told the court the arrest was illegal.
A member of the coalition, Emanuel Gobay, said in the release, made available on Saturday, Jan. 23, 2021, that Nur, a scholar at Universitas Cenderawasih, said the arrest violated the Criminal Law Procedures Code (KUHAP).
“When an arrest, investigation, examination, search or confiscation of evidence is done not according to the Law No. 8/1981 on Criminal Law Procedures, the action is illegal,” she said as quoted by the press release.
Read also: Police arrest KNPB Chairman for treason
The pre-trial had begun since Jan. 19, 2021, presided by a sole judge, Gang Hariyudo Prakoso. The pre-trial was filed against Merauke Police as requested by the lawyer coalition, which represented 13 out of 14 arrested activists.
Nur also told the court that an arrest that involved beatings against the arrested could be categorized as torture.
“If an arrest is proven to be not according to the procedure, the judge has a mandate to free the arrested,” said Nur as quoted in the release.
The activists’ lawyers obtained testimonies from the activists’ family members who claimed they did not get any arrest warrant on Dec. 13, the day of the arrest. Gobay said the family received a warrant on Dec. 15 after they came to Merauke Police to ask for the warrant.
A lawyer from Cenderawasih Legal Aid Institute (PBHC), Weltermans Tahulending, said the witnesses presented by the plaintiff said the the arrest was done without the presence of nearby residents, the head of neighborhood unit, or the local leader. He said one witness from Merauke Police admitted that the warrant was made after the arrest.
On Dec. 13 last year, Merauke Police arrested 14 KNPB activists in their headquarters. Gobay claimed that the activists were beaten using rattan. “All the KNPB activists had their body beaten using rattan. Four of them were told to lie down on the ground, and then they were brought to Merauke Police precinct,” said Gobay on Dec. 21, 2020.
He said the police continued the beating in the Merauke Police precinct. One of them, identified as Kristian Yandun, had his head bleeding after the beating while Michael Bteop had his back bleeding.
The activists who were arrested and allegedly beaten were Charles Sraun (38), Petrus Paulus Kontremko (32), Kristian Yandun (38), Robertus Landa (23), Michael Beteop (24), Elias Kmur (38), Marianus Anyum (25), Kristian. M. Anggunop (24), Emanuel T. Omba (24), Petrus Kutey (27), Linus Pasim (26), Salerius Kamogou (24), Petrus Koweng (28), and Yohanes Yawon (23).
Gobay said all the activists’ back sustained injuries. The lawyer had called on Papua Police to investigate the Merauke Police officers involved in the alleged beating. He also had requested National Commission for Human Rights (Komnas HAM) to investigate the allegation.
Merauke Police chief Adj. Sr. Comr. Untung Sangaji said as quoted by Cenderawasih Pos daily in December that the activists were accused of treason. He claimed that the arrested had tried several times and he had an evidence called “yellow book”, containing, Untung claimed, a complete structure of a new state, complete with the name of the president “South Papua”.
Earlier, Catholic priest Pius Manu regretted Untung’s statement as quoted in local news outlets. Untung told journalists in Hotel Halogen in Merauke on Dec. 14 that next time he found activists planning a treason, he would “shoot their legs”. Father Pius criticized Untung’s statement, questioning his motive. Pius compared Untung with his predecessors who forged a friendly relationship with religious figures and residents.
In November 2020, Merauke Police arrested 54 participants of a meeting to evaluate special autonomy organized by Papuan People’s Council (MRP). The police released the 54 the next day, but they also claimed they had a “yellow book” among the evidence of treason.
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2) 18 Nduga displaced residents in Jayawijaya die after being denied healthcare access
News Desk January 25, 2021 12:05 pm
Jayapura, Jubi – Since Dec. 24 last year, 18 Nduga residents who had been taking refuge in Jayawijaya regency in Indonesia’s Papua had died after being denied access to healthcare, a volunteer reported.
The volunteer, Raga Kogeya, said that there were occasions when two to three people die in a day. “Those were residents who seek refuge in Jayawijaya alone. I don’t know about those who take shelters in other places. Today, there are two people in critical condition,” Raga Kogeya told Jubi on Jan. 20 in a phone interview.
He said most of the 18 died because of various illnesses. “Some had fever, some had nosebleed. Others experienced convulsion, red blotches on their skin, and other symptoms,” he said. Raga said some was ill for two to three months but they never received any medical treatment.
The 18 people were the latest death toll during the ordeal Nduga residents had to endure following a violent conflict in their regency. Since 2018 to late 2020, there were about 400 people died in various locations in Jayawijaya Regency alone. In ate 2019, the last time the volunteers took the displaced people data, they reported about 8,000 Nduga residents took shelter in Jayawijaya in Papua province.
Raga said the volunteers could not do much to treat the sick ones. The displaced people and the volunteers did not have enough money to pay for the medical bills while the hospital refused to give them free medical treatment because the patients did not have any documentation from the government like ID and family card.
Such technicalities could have been solved if Nduga Regency administration made an agreement with Jayawijaya Regency administration to let Nduga residents, who had been on the run for months due to violence in their regency, got treatment in Jayawijaya general hospitals without paying.
In response to the report, the head of Health Agency at Jayawijaya Regency, dr. Willy E. Mambieuw, suggested that Nduga administration make a memorandum of understanding with Jayawijaya to allow Nduga residents to get free treatment despite their documentation.
Mambieuw said Jayawijaya could not give free treatment without any legal basis because they would have to make their financial reports accountable.
He said one of the requirements to get free treatment at public hospitals in Jayawijaya was to have a Jayawijaya ID card. Those from outside Jayawijaya could get free treatment if they could show that they were recipients of the health care system benefits run by Healthcare and Social Security Agency (BPJS).
“I don’t want to overstep my counterparts in Nduga Regency. But I suggest they make an MoU with Jayawijaya, so we would have a legal basis,” he said on Jan. 21.
He said Jayawijaya made such an MoU with Lanny Jaya Regency so Lanny Jaya residents in Jayawijaya could access healthcare there. The regental administration funded the program, he said. “Maybe they used special autonomy fund or other allocations,” he went on.
He suggested that Nduga Regency administration to make sure all Nduga residents in Jayawijaya to get the universal healthcare from BPJS.
Tens of thousands Nduga residents fled their homes in 2018 following an armed conflict in the region. In August 2019 Nduga Solidarity Civil Society Coalition released a report on the condition of the displaced people, claiming that many people died while on the run due to hunger and the absence of healthcare.
Nduga Regent Yarius Gwijangge died in November last year after being treated in a Jakarta hospital. Earlier in December 2019, his deputy, Wentius Nemiangge, resigned from his post following the death of his aide and his private driver, Henrik Lobere. Wentius said in his resignation speech in Nduga that he was disappointed that the central government in Jakarta did not do enough to resolve armed conflicts in the regency.
Nduga Regency’s official website, however, posted on Jan. 20 that Nduga Legislative Council planned to hold a meeting to promote Wentius to become the regent. According to the posting, Wentius delivered a speech, saying that he was ready to continue the late regent’s vision for. the regency
Editor: Evi Mariani
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