Jayapura, Tuesday 16 April 2013

Today the Civil Society Coalition for the Upholding of Law and Human Rights in the Land of Papua, working together with a number of human rights NGOs in Jakarta and internationally will formally launch the Papuans Behind Bars website www.papuansbehindbars.org, or in Indonesian, ‘Orang Papua Dibalik Jeruji.’ The website is intended to support advocacy for the rights of the political prisoners who are currently languishing in jails across Papua. Based on the data collected by the Civil Society Coalition for the Upholding of Law and Human Rights in the Land of Papua, at the end of March 2013 there were at least 40 political detainees being held in Papuan jails.

This website shows the existence of political prisoners today and the history of Papuan political prisoners who have been subjected to torture, denied access to lawyers, forced to confess and suffered all manner of other human rights violations. The existence of political prisoners cannot be denied despite statements to the contrary by Indonesia’s Coordinating Minister for Legal, Political and Security Affairs, Djoko Suyanto., that those incustody in Papua are criminals who are undergoing rehabilitation. The website will also provide updates on the situation in the prisons.

It’s important to respect the rights of detainees in police detention when they are being detained or interrogated on suspicion of treason, as well as those who are serving sentences having been found guilty of treason. This is because there have been a number of stories of human rights violations such as torture which begin from the moment of arrest and interrogation and continue while people are serving sentences.

Despite the fact that Indonesia has already ratified the International Covenant On Civil and Political Rights via Law 12/2005 and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment of Punishment via Law 5/1998, treason cases tried in the Papua state courts continue to be tried under politically-motivated charges of Article 106 of the Indonesian Criminal Code and Emergency Law 12/1951. Treason suspects and convicts are treated like any other criminals such as thieves and rapists. So it’s unsurprising that with the brutal attitude of the security forces at the moment of arrest, detention and even while serving their sentences, they experience human rights violations which should not be allowed to take place.

With the www.papuansbehindbars.org website, the Civil Society Coalition for the Upholding of Law and Human Rights in the Land of Papua will work together with various other human rights groups in monitoring those political prisoners who continue to languish behind bars, both those under interrogation and those who are serving sentences in Papuan jails, in order to ensure that their human rights are protected.

Taking into account Indonesia’s ratification of the International Covenant on Civil and Political Rights by Law Number 12 of 2005, and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment through Law 5 of 1998, we make following recommendations to the Government of Indonesia:

1. Release all political prisoners in Papuan prisons in Papua and immediately begin a peace dialogue with the Papuan people.

2. Guarantee the rights of political prisoners, including access to health care and legal services.

3. Especially the Coordinating Minister for Legal, Political and Security Affairs, to meet with political prisoners who are languishing in various Papuan jails to get fact for their situation and existence.
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The Civil Society Coalition for the Upholding of Law and Human Rights in the Land of Papua consists of the following organisations: Foker LSM, KontraS, ALDP, ElsHAM Papua, LBH Papua, KPKC Sinode GKI, TIKI, AJI Papua, Baptis Voices, Sinode Kingmi Papua, Sinode Baptis Papua, BUK, SKPKC FP, Sinode GIDI, Septer Manufandu, Gustaf Kawer, Cs, Yan Christian Warinussy.

Jakarta: KontraS dan Nasional Papua Solidarity (Napas)
International: Tapol, Asian Human Rights Commission, East Timor and Indonesia Action Network, West Papua Network, Faith-based Network on West Papua

Coordinator: Septer Manufandu (Mobile: +62 (0) 8124876321/email: [email protected])

1) Six KNPB activists (Timika Region) sentenced to one year in prison
2) Six Timika Region KNPB Activists Sentenced to 1 Year Jail

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1) Six KNPB activists (Timika Region) sentenced to one year in prison
This afternoon Timika’s City Court in Papua sentenced the six KNPB activists who had been arrested on 24 October 2012, for allegedly possessing dangerous weapons.
In one case, the defendant had been arrested, but did not even have any weapon on him. Once at the Police station in Mimika, some explosives turned up by miracle, and the accused was forced to confess to owning the material !
On 23 April, Legal Counsel will appeal against this decision, as the guilt of the six was not proven during the trials. According to the lawyer Kawer, there was an exaggeration of the political activities of the defendants; legal aspects and legal facts were not handled sufficiently during their trials. There was a lack of due process.

A Google translate of article in SuaraPapua.com. Be-aware google translate can be a bit erratic. Original bahasa at
http://suarapapua.com/2013/04/enam-aktivis-knpb-wilayah-timika-divonis-1-tahun-penjara/

2) Six Timika Region KNPB Activists Sentenced to 1 Year Jail
Tuesday, April 16, 2013, 10:56 News, Featured Editor67 viewsAdd a comment

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GUSTAF KAWER, SH, M. Hum, ONE OF SIX ATTORNEYS AREAS ACTIVIST KNPB Timika (PHOTO: PERSONAL DOK)

PAPUAN, Timika – Council of State Court Judges Timika, Papua, this afternoon, Tuesday (16/04/2013) sentenced 1 year in prison for six activists West Papua National Committee (KNPB) Timika region, who was arrested on October 24, 2013 ago.

Information gathered suarapapua.com, the sixth case KNPB activists are divided into two files, first, recorded with registerasi case number: PDM-2/TMK/Ep.2/01/2013, for Yakonias Womsiwor (30), Paul Maryom ( 24), Alfret Marsyom (34), Steven Itlay (26) and Romario Yatipai (29).

They were arrested on charges of first, violated Article 2 paragraph 1 of the Emergency Law No. 12 Year 1951, Jo 55 Paragraph (1) of the Criminal Code together have a sharp weapon without a permit, and the second charge, Article 106 of the Criminal Code jo 55 paragraph 1 of the joint- same act of treason.

While the second file, recorded with a number registerasi case: PDM-03/TMK/Ep.2/01/2013, for defendant Awerkion Yanto (19). According to public prosecutors (PP), Awerkion arrested on charges of violating Article 1, paragraph (1) of Act 12 of 1951 Jo Emergency Article 55 paragraph (1) of the Criminal Code on the 1st possession of explosives.

After the reading of the verdict, one of the defendant’s legal advisor, Gustaf Kawer, SH, M. Hum, claiming objection to the verdict read by the judges, the article, for the first case, since the five defendants examined in court, treason clause had never touched the panel judges.

“The decision of the judges strongly correlated with the examination. For the first case, the fifth terdawa not shown to have an edge, treason related article, also had never been mentioned during the course of the trial, but the judge decided one year in prison by saying prove treason, we will appeal, “said Kawer, when contacted suarapapua. com, via cell phone.

While the second case, the ownership of explosives, Gustaf continue, in the trial none of the witnesses who saw the defendant carrying explosives, but officials forced the defendant to claim possession of explosives.

“Since the defendant was arrested along with five colleagues, there is absolutely no explosives he had, when he reached the Mimika police station, the officers bring explosives and used as evidence, and compel the accused to confess to having an explosive. It’s very strange, “added Kawer.

Kawer also saw the first trial case, which led the Chief Justice, A. Putune Rajenda, SH, M. Hum, and the two judges, Moralam Purba SH, Carolina Awi, SH more attention to the political aspects, and do not see the legal aspects and legal facts in the trial process.

Meanwhile, further Kawer, the second case, which is handled by the Chairman of the panel of judges, Benjamin Nuboba, SH, and two judges, Willem Depondoye, SH, and SH Musawir Shamsuddin, also do not pay attention to the facts of the trial, because none of the witnesses who saw defendant was going to take or possession of explosives such as prosecutor’s indictment.

“Our legal counsel will conduct plea on April 23, 2013. The sixth defendant must be released immediately because not proven guilty, “added Kawer.

Oktovianus POGAU
Anne Noonan, Australia West Papua Association (Sydney)