Human Rights Report: West Papuan flag raising ‘political’ detainees and prisoners are tortured and receive inhuman treatment in custody
5 May 2008
The Institute for Papuan Advocacy & Human Rights (IPAHR) has received information detailing the mistreatment of West Papuan political detainees
& prisoners, who are held by the Indonesian police and prison service in Jayapura, Manokwari and Timika.
There are serious concerns for the safety and health of the prisoners. It has been reported that prisoners have been physically abused and tortured while in custody.
These concerns have been relayed to IPAHR by a number of different Church organisations and Human Rights workers in West Papua. This report is collated from Indonesian language reports and by information supplied by Church & Human Rights sources.
Prisoners & detainees, detailed in this report, have been arrested as a result ofinvolvement in flag-raising events or for displaying the symbols of the West Papuan flag, the Morning Star on their clothing.
Cultural symbols, like the Morning Star flag, were previously permitted under the Special Autonomy law, are now banned under Regulation 77 / 2008.
Two leading Human Rights organisations in West Papua have said the detention of nonviolent activists under Law 77 / 2008 is a regressive step for freedom of political expression in West Papua. This ban violates Indonesia’s constitutional commitment to freedom of expression according to these Human Rights advocates.
The Government of Indonesia has ratified the treaties of Civilian and Political Rights and also the Economic, Social and Cultural Rights, which contradicts the Indonesian law used to make these prosecutions.
Chris Warinussy, a respected Lawyer in Manokwari, reported that police in West Papua have intimidated journalists, who covered the Manokwari
demonstration, which called for reversal of regulation 77 / 2008.
One defendant in Timika who brought a video camera to a protest in December 2007, has been accused of intending to distribute footage of the flag-raising protest to the outside world.
There is real cause for concern about the safety of these groups of West Papuan Political prisoners. IPAHR urges organisations and individuals to contact their own Government and the Indonesian Government and Embassies to raise concerns about the wellbeing of West Papuan political prisoners and to call for their immediate release.
For further information contact:
Paula Makabory, Els-ham in Australia on +61 402547517;
Chris Warinussy, LP3BH Manokwari on +62 81527077564;
Matthew Jamieson, IPAHR in Australia on +61 418291998
Details of recent treatment of detainees & prisoners is outline below:
- Conditions of Detainees in Jayapura and Manokwari arrested during March 08;
- Report by LP3BH on condition of political prisoners in Manokwari;
- Detainees who face life imprisonment over flag-raising in Timika are tortured;
- Beating of Filip Karma in Prison.
1/ Prisoners in Jayapura and Manokwari detained during March 08
The following information is taken from an Indonesian language report of KPKC Synod GKI Papua on condition of detainees in Manokwari and Jayapura. This report is similar to the second report by LP3BH, which forms second part of this document.
There are seven political detainees arrested in March 2008 who were sick. The details of the detainees are shown as follows;
1. Six detainees, imprisoned by Police in Manokwari, Jack Wanggai, Elimelech Obet Kaiwai, George Richard Ayorbaba, Mathinus Luter Koromath, Eddy Ayorbaba and Frans Kareth; &
2. Zakarias Horota (27) who is from the student organisation FNMPP and is imprisoned in Jayapura police station.
Detainees in Manokwari
On Monday 21 April 2008, the Team from LP3BH, Manokwari, was assisted four students detainees who were very ill to go to Police Clinic in Manokwari.
These people were:
1. Yakubus (Jack) Wanggai* who suffered from painful chest and asthma.
2. Elimelech Obet Kaiwai whose suffered from symptoms of heart attack, headache and acid liquid was coming out of his mouth.
3. George Risyard Ayorbaba, who suffered from chest pain and coughing.
4. Marthinus Luter Koromath, who suffered from cough, diarrhoea and chest pain.
*SMS sent on 2 May 2008 said tha Yakubus (Jack) Wanggai sickness is getting worse. Mr Wanggai has reported that his right hand may be broken.
The prisoners are under the responsibility of Dr Andi Mappaodang. They were prescribed the same medication for stomach disorder (Antasit), and their blood pressure record was to be very low. The LP3BH team donated some extra food for the detainees.
It is report that Eddy Ayobaba was taken to hospital on 20 April with positive Malaria. Frans Karet reportedly suffers from sharply painful chest because he has to sleep on the floor without any blankets or matrass.
It is reported that the foods, which have been given to them by the police, in Manokwari, are already off (decomposing) or were not cooked properly, which has made them sick.
The prisoners also report that the General chief commander of police officers, Ipda. Pol. Edy Saputra, always interrogates and terrorizes them during meal times.
Eleven prisoners are currently in detention in Manokwari arrested in March 2008. This group are:
Yakobus Wanggai
Frans Kareth
Markus Solig Umpus
Edy Ayorbaba
Daniel Sakwatorey
Marthinus Luther
Noak AP
George Risyard Ayorbaba
Ariel Werimon
Leonardus Decky Bame
Elimelech Obat Kaiwai
This group is being supported by LP3BH, Manokwari.
Students in Jayapura
Zakarias Horota was reported to be complaining about his breathing and a sharply painful chest. The police officers, took him to the Polices hospital of Bhayangkara on Friday 19 April 2008.
The following day, the SKP Catholic Bishop and KPKC Synod GKI (Protestant Church) recommended Mr Horota to go to the Catholics hospital of Dian Harapan. The report says the results taken at the Catholics Hospital did not support diagnosis of lungs pleurisy or Malaria. Zakarias Horota was still reported to be in painful condition.
On Thursday 24th of April 2008, the KPKC GKI synod visited Mr Horota and others in prison in Jayapura. The conditions in the jail were reported to be very poor and the air ventilation was not good which resulted the detainees suffering from breathing problems. Also it was reported that the prisoners had only been given a main meal twice a day and that there was not enough water sometimes not given any at all. At times the group reported hade no water to drink and were forced to drink dirty water from flash toilet tank. They were also reported to be locked up in a very tiny room, where they had to are take turns sleeping in the night and day time as there was not room for all to lie down.
The detainees had raised this issue to their lawyer, Gustaf Kawer, who taken the matter to the Police headquarters. The police reportedly answered that they have not enough budget from Government so they could not do little to change these conditions.
The following four West Papuans are reported in police custody in Jayapura arrested in March 2008:
Zakarias Horota
Elias Weah
Ester Doloros Tapnesa
Abu Muri
Kontras is providing legal support for this group.
2/ Report by LP3BH on condition of political prisoners in Manokwari
(This translation was posted by TAPOL and is similar to one above produced by GKI)
A report from the LP3BH dated 21 April 2008 lists the dates of questioning of the eleven detainees being held in connection with the events of 3 and 13 March 2008 over a period from 26 March till 9 April.
On 14 April the parents of the detainees were invited by the police to discuss the interrogation process and the preparations underway to hand the cases on to the prosecutors' office and the Manokwari district court.
On Monday 21 April, the defense team accompanied four of the detainees to the police clinic for examination because they were complaining of health problems:
1. Yakobus Wanggai was having breathing problems and his blood pressure was 90/70
2. Elimemech O.K. was having heart palpitations, headache and acidity in the mouth. Blood pressure 70/50
3. George Riayad Ayorbaba had chest pains and a heavy cold.
4. Marthinus Luther was coughing, had chest pains and was suffering from diarrhoea.
Yakobus Wanggai also told the team that on 20 April Eddy Ayorbaba fell ill and was taken to the police clinic. A blood test confirmed that he was suffering from Malaria.
On 22 April, Markus Solik Umpes, the father of one of the detainees who had arrived in Manokwari from Sorong was allowed to meet his son for the first time.
Report signed by: Yan Christian Warinussy and team members were Thresje Juliantty Gaspersz SH, Yohana Matini SH, Semuel H. Yensenem SH
3/ Detainees who facing life imprisonment over flag-raising in Timika are tortured
Six West Papuan non violent protestors face a minimum of twenty years for their alleged part in a flag raising event in Timika, on December 1st 2007.
The Catholic Office for Justice and Peace (SKP) in Timika report that while in detention the six detainees have been tortured. They reportedly have injuries to their chest and head in addition to suspected broken bones caused from being kicked and punched by the police while in custody.
Local human rights defenders advocating for the rights of the six political prisoners have also been harassed and intimidated by the police.
The six prisoners claim that they do not know who raised the flag. They all claim that on the morning of December 1st 2007 they were woken up and asked to gather outside the church.
Mr. Pigai who brought a video camera owned by LEMASA, the Amungme Indigenous Council, to the protest is one of those arrested. Police have accused Mr. Pigai of trying to distribute footage of the protest to the outside world[1].
The SKP report that the accused were part of a group of 35 of nonviolent demonstrators arrested in front of the St Petrus Paulus church last December 2007.
Within a week of the original arrests 29 those who were detained were released.
The trial of the Timika 6 is listed below is reported to have begun. The accused are:
- Jacobus Pigai (male / 35 years old). Occupation: Civil Servant Department of Tourism, Kabupaten Mimika. Mr. Pigai is also the Executive Secreatry of LEMASA – the Amungme Indigenous Council, Timika
- Melki Magai (male / 20 years old )
- Polce Magai (male / 20 years old)
- Sumien Magai (male / 20 something years old)
- Juli Gwijangge (male / 20 something years old)
- Kuniel Nurigi (male / 20 something years old)
At the demonstrations the Morning Star flag was raised as part of peaceful celebrations to mark what most West Papuans consider to be their national day.
SKP and Foker LSM are reported to be supporting the prisoners.
Police in Timika have accused the six of “intentionally wanting to separate from the United Republic of Indonesia”, charging them with rebellion and treason under sections 55, 106 and 107 of the Indonesian Criminal Code.
These controversial sections of law are a legacy of Indonesia’s authoritarian past. Under the rule of former dictator, General Soeharto, these sections prohibiting freedom of expression were used to crackdown on acts of political dissent.
Human Rights Watch has called for the sections on treason to be repelled and for West Papuans arrested for peaceful flag raisings to be released as part of Indonesia’s commitment to restoring democracy and protecting human rights.
Human Rights Watch has said that the arrest and detention of activists in Manokwari and Jayapura has no basis in law and called for the prisoners to be released.
Previously allowed under Special Autonomy and former President Abdurrahman Wahid’s rule as a symbol of Indigenous identity, in recent months Indonesian legislators have passed a new law (Law 77/2007) that bans displays of the Morning Star flag and other symbols deemed associated with "separatism".
4/ Beating of Filip Karma 28 April 2008
Rev Sofian Yoman and others report that Filip Karma has bean beaten in prison. Rev Yoman reports that the incident occurred on 28 April 10.45 pm and Fillip Karma was violently beaten by a prison officer, named Eli Awi in Abepura prison.
Eli Awi, who is a Papuan man was said to be drunk at the time. Rev. Yoman is reported that Eli Awi hit Karma 5 times in head 2 times in body in the incident after repeatedly asking for money for alcohol.
Also note: Alo Runwarin, legal advocate from Els-ham, reports that Filip Karma’s detention conditions allow him to go out of the prison during day but must return to prison at night. Mr Karma does use this provision.
Filep Karma and Yusak Pakage, two nonviolent activists were charged in relation to raising the Morning Star flag in December 2004. Karma and Pakage were sentenced to 15 and 10 years respectively.
Last year Filip Karma is reported to have produced documentation about being mistreated while in custody.
End
--------------------------------------------------------------------------------
[1] Free access for overseas journalists remain is restricted in West Papua.
The Institute for Papuan Advocacy & Human Rights (IPAHR) has received information detailing the mistreatment of West Papuan political detainees
& prisoners, who are held by the Indonesian police and prison service in Jayapura, Manokwari and Timika.
There are serious concerns for the safety and health of the prisoners. It has been reported that prisoners have been physically abused and tortured while in custody.
These concerns have been relayed to IPAHR by a number of different Church organisations and Human Rights workers in West Papua. This report is collated from Indonesian language reports and by information supplied by Church & Human Rights sources.
Prisoners & detainees, detailed in this report, have been arrested as a result ofinvolvement in flag-raising events or for displaying the symbols of the West Papuan flag, the Morning Star on their clothing.
Cultural symbols, like the Morning Star flag, were previously permitted under the Special Autonomy law, are now banned under Regulation 77 / 2008.
Two leading Human Rights organisations in West Papua have said the detention of nonviolent activists under Law 77 / 2008 is a regressive step for freedom of political expression in West Papua. This ban violates Indonesia’s constitutional commitment to freedom of expression according to these Human Rights advocates.
The Government of Indonesia has ratified the treaties of Civilian and Political Rights and also the Economic, Social and Cultural Rights, which contradicts the Indonesian law used to make these prosecutions.
Chris Warinussy, a respected Lawyer in Manokwari, reported that police in West Papua have intimidated journalists, who covered the Manokwari
demonstration, which called for reversal of regulation 77 / 2008.
One defendant in Timika who brought a video camera to a protest in December 2007, has been accused of intending to distribute footage of the flag-raising protest to the outside world.
There is real cause for concern about the safety of these groups of West Papuan Political prisoners. IPAHR urges organisations and individuals to contact their own Government and the Indonesian Government and Embassies to raise concerns about the wellbeing of West Papuan political prisoners and to call for their immediate release.
For further information contact:
Paula Makabory, Els-ham in Australia on +61 402547517;
Chris Warinussy, LP3BH Manokwari on +62 81527077564;
Matthew Jamieson, IPAHR in Australia on +61 418291998
Details of recent treatment of detainees & prisoners is outline below:
- Conditions of Detainees in Jayapura and Manokwari arrested during March 08;
- Report by LP3BH on condition of political prisoners in Manokwari;
- Detainees who face life imprisonment over flag-raising in Timika are tortured;
- Beating of Filip Karma in Prison.
1/ Prisoners in Jayapura and Manokwari detained during March 08
The following information is taken from an Indonesian language report of KPKC Synod GKI Papua on condition of detainees in Manokwari and Jayapura. This report is similar to the second report by LP3BH, which forms second part of this document.
There are seven political detainees arrested in March 2008 who were sick. The details of the detainees are shown as follows;
1. Six detainees, imprisoned by Police in Manokwari, Jack Wanggai, Elimelech Obet Kaiwai, George Richard Ayorbaba, Mathinus Luter Koromath, Eddy Ayorbaba and Frans Kareth; &
2. Zakarias Horota (27) who is from the student organisation FNMPP and is imprisoned in Jayapura police station.
Detainees in Manokwari
On Monday 21 April 2008, the Team from LP3BH, Manokwari, was assisted four students detainees who were very ill to go to Police Clinic in Manokwari.
These people were:
1. Yakubus (Jack) Wanggai* who suffered from painful chest and asthma.
2. Elimelech Obet Kaiwai whose suffered from symptoms of heart attack, headache and acid liquid was coming out of his mouth.
3. George Risyard Ayorbaba, who suffered from chest pain and coughing.
4. Marthinus Luter Koromath, who suffered from cough, diarrhoea and chest pain.
*SMS sent on 2 May 2008 said tha Yakubus (Jack) Wanggai sickness is getting worse. Mr Wanggai has reported that his right hand may be broken.
The prisoners are under the responsibility of Dr Andi Mappaodang. They were prescribed the same medication for stomach disorder (Antasit), and their blood pressure record was to be very low. The LP3BH team donated some extra food for the detainees.
It is report that Eddy Ayobaba was taken to hospital on 20 April with positive Malaria. Frans Karet reportedly suffers from sharply painful chest because he has to sleep on the floor without any blankets or matrass.
It is reported that the foods, which have been given to them by the police, in Manokwari, are already off (decomposing) or were not cooked properly, which has made them sick.
The prisoners also report that the General chief commander of police officers, Ipda. Pol. Edy Saputra, always interrogates and terrorizes them during meal times.
Eleven prisoners are currently in detention in Manokwari arrested in March 2008. This group are:
Yakobus Wanggai
Frans Kareth
Markus Solig Umpus
Edy Ayorbaba
Daniel Sakwatorey
Marthinus Luther
Noak AP
George Risyard Ayorbaba
Ariel Werimon
Leonardus Decky Bame
Elimelech Obat Kaiwai
This group is being supported by LP3BH, Manokwari.
Students in Jayapura
Zakarias Horota was reported to be complaining about his breathing and a sharply painful chest. The police officers, took him to the Polices hospital of Bhayangkara on Friday 19 April 2008.
The following day, the SKP Catholic Bishop and KPKC Synod GKI (Protestant Church) recommended Mr Horota to go to the Catholics hospital of Dian Harapan. The report says the results taken at the Catholics Hospital did not support diagnosis of lungs pleurisy or Malaria. Zakarias Horota was still reported to be in painful condition.
On Thursday 24th of April 2008, the KPKC GKI synod visited Mr Horota and others in prison in Jayapura. The conditions in the jail were reported to be very poor and the air ventilation was not good which resulted the detainees suffering from breathing problems. Also it was reported that the prisoners had only been given a main meal twice a day and that there was not enough water sometimes not given any at all. At times the group reported hade no water to drink and were forced to drink dirty water from flash toilet tank. They were also reported to be locked up in a very tiny room, where they had to are take turns sleeping in the night and day time as there was not room for all to lie down.
The detainees had raised this issue to their lawyer, Gustaf Kawer, who taken the matter to the Police headquarters. The police reportedly answered that they have not enough budget from Government so they could not do little to change these conditions.
The following four West Papuans are reported in police custody in Jayapura arrested in March 2008:
Zakarias Horota
Elias Weah
Ester Doloros Tapnesa
Abu Muri
Kontras is providing legal support for this group.
2/ Report by LP3BH on condition of political prisoners in Manokwari
(This translation was posted by TAPOL and is similar to one above produced by GKI)
A report from the LP3BH dated 21 April 2008 lists the dates of questioning of the eleven detainees being held in connection with the events of 3 and 13 March 2008 over a period from 26 March till 9 April.
On 14 April the parents of the detainees were invited by the police to discuss the interrogation process and the preparations underway to hand the cases on to the prosecutors' office and the Manokwari district court.
On Monday 21 April, the defense team accompanied four of the detainees to the police clinic for examination because they were complaining of health problems:
1. Yakobus Wanggai was having breathing problems and his blood pressure was 90/70
2. Elimemech O.K. was having heart palpitations, headache and acidity in the mouth. Blood pressure 70/50
3. George Riayad Ayorbaba had chest pains and a heavy cold.
4. Marthinus Luther was coughing, had chest pains and was suffering from diarrhoea.
Yakobus Wanggai also told the team that on 20 April Eddy Ayorbaba fell ill and was taken to the police clinic. A blood test confirmed that he was suffering from Malaria.
On 22 April, Markus Solik Umpes, the father of one of the detainees who had arrived in Manokwari from Sorong was allowed to meet his son for the first time.
Report signed by: Yan Christian Warinussy and team members were Thresje Juliantty Gaspersz SH, Yohana Matini SH, Semuel H. Yensenem SH
3/ Detainees who facing life imprisonment over flag-raising in Timika are tortured
Six West Papuan non violent protestors face a minimum of twenty years for their alleged part in a flag raising event in Timika, on December 1st 2007.
The Catholic Office for Justice and Peace (SKP) in Timika report that while in detention the six detainees have been tortured. They reportedly have injuries to their chest and head in addition to suspected broken bones caused from being kicked and punched by the police while in custody.
Local human rights defenders advocating for the rights of the six political prisoners have also been harassed and intimidated by the police.
The six prisoners claim that they do not know who raised the flag. They all claim that on the morning of December 1st 2007 they were woken up and asked to gather outside the church.
Mr. Pigai who brought a video camera owned by LEMASA, the Amungme Indigenous Council, to the protest is one of those arrested. Police have accused Mr. Pigai of trying to distribute footage of the protest to the outside world[1].
The SKP report that the accused were part of a group of 35 of nonviolent demonstrators arrested in front of the St Petrus Paulus church last December 2007.
Within a week of the original arrests 29 those who were detained were released.
The trial of the Timika 6 is listed below is reported to have begun. The accused are:
- Jacobus Pigai (male / 35 years old). Occupation: Civil Servant Department of Tourism, Kabupaten Mimika. Mr. Pigai is also the Executive Secreatry of LEMASA – the Amungme Indigenous Council, Timika
- Melki Magai (male / 20 years old )
- Polce Magai (male / 20 years old)
- Sumien Magai (male / 20 something years old)
- Juli Gwijangge (male / 20 something years old)
- Kuniel Nurigi (male / 20 something years old)
At the demonstrations the Morning Star flag was raised as part of peaceful celebrations to mark what most West Papuans consider to be their national day.
SKP and Foker LSM are reported to be supporting the prisoners.
Police in Timika have accused the six of “intentionally wanting to separate from the United Republic of Indonesia”, charging them with rebellion and treason under sections 55, 106 and 107 of the Indonesian Criminal Code.
These controversial sections of law are a legacy of Indonesia’s authoritarian past. Under the rule of former dictator, General Soeharto, these sections prohibiting freedom of expression were used to crackdown on acts of political dissent.
Human Rights Watch has called for the sections on treason to be repelled and for West Papuans arrested for peaceful flag raisings to be released as part of Indonesia’s commitment to restoring democracy and protecting human rights.
Human Rights Watch has said that the arrest and detention of activists in Manokwari and Jayapura has no basis in law and called for the prisoners to be released.
Previously allowed under Special Autonomy and former President Abdurrahman Wahid’s rule as a symbol of Indigenous identity, in recent months Indonesian legislators have passed a new law (Law 77/2007) that bans displays of the Morning Star flag and other symbols deemed associated with "separatism".
4/ Beating of Filip Karma 28 April 2008
Rev Sofian Yoman and others report that Filip Karma has bean beaten in prison. Rev Yoman reports that the incident occurred on 28 April 10.45 pm and Fillip Karma was violently beaten by a prison officer, named Eli Awi in Abepura prison.
Eli Awi, who is a Papuan man was said to be drunk at the time. Rev. Yoman is reported that Eli Awi hit Karma 5 times in head 2 times in body in the incident after repeatedly asking for money for alcohol.
Also note: Alo Runwarin, legal advocate from Els-ham, reports that Filip Karma’s detention conditions allow him to go out of the prison during day but must return to prison at night. Mr Karma does use this provision.
Filep Karma and Yusak Pakage, two nonviolent activists were charged in relation to raising the Morning Star flag in December 2004. Karma and Pakage were sentenced to 15 and 10 years respectively.
Last year Filip Karma is reported to have produced documentation about being mistreated while in custody.
End
--------------------------------------------------------------------------------
[1] Free access for overseas journalists remain is restricted in West Papua.
posted by Pax Christi @ Monday, May 05, 2008
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