“the current situation is a human tragedy”
1) Free Victor Yeimo and Other Imprisoned Papuan Activists Unconditionally 2) Constitutional Court already revoked article used to convict Viktor Yeimo 3) OPM Responds to Susi Pudjiastuti's Rage concerning Susi Air Pilot 4) Position Statement from the Church Leaders in the Land of Papua 5) Indonesian military cracks down on soldiers selling weapons to Papuan rebels 6) Papua's Cartenz Task Force Arrest Weapons Supplier of Local Separatist Group 7) Church leaders in Papua: “the current situation is a human tragedy”
1) Free Victor Yeimo and Other Imprisoned Papuan Activists Unconditionally
Amnesty International May 7, 2023
Indonesian authorities must immediately and unconditionally release Papuans and those detained solely for their peaceful expressions, said Amnesty International Indonesia and Amnesty International USA following the guilty verdict and prison sentence against West Papua National Committee (KNPB) spokesperson, Victor Yeimo, in Jayapura.
On Friday 5 May, Yeimo was sentenced to eight months imprisonment due to his involvement in anti-racism protest in Papua on August 2019.
“The fact that he and many Papuans have been arrested and detained for peacefully expressing their political opinion represents the state’s neglect on human rights protection,” said the Amnesty International Indonesia Executive Director Usman Hamid.
“At the same time, unfair trials are underway. In 2007, the Constitutional Court had revoked Article 155 of the Penal Code and today, the same article is being used against peaceful activists such as Viktor Yeimo. Is the law enforcement moving backward?”
The Jayapura District Court’s Panel of Judges convicted Yeimo of violating Article 155 of the Penal Code related to broadcasting or showing letters or pictures that contain expressions of feelings of hostility, hatred, contempt or humiliation against the government.
Previously, the Public Prosecutor charged Yeimo with Article 106 concerning treason, Article 110 Paragraph 1 concerning conspiracy to treason, Article 110 Paragraph 2 on preparing for treason, and Article 160 on sedition.
“What’s been happening to Yeimo and other Papuan activists who spoke up is a form of arbitrariness, misdirection and discrimination,” added Usman.
“It will also send a message to other activists and protesters that dissent and peaceful expression of their views are not welcome.”
According to Amnesty International Indonesia’s monitoring data from 2019 to 2022, at least 78 people in Papua were facing criminal allegation and prosecution for allegedly violating treason articles under the Penal Code.
“These escalating efforts to silence and intimidate Papuan activists should alarm the US government, which has repeatedly looked to Indonesia as a regional example of democratic norms commitment to human rights principles,” said Carolyn Nash, Asia Advocacy Director at Amnesty USA. “But the reality is clear: these human rights principles are under attack. The treatment of Papuan activists is the measure by which the US can assess the Indonesian government’s commitment to protect free expression — and the Indonesian government is demonstrating how weak that commitment truly is.”
“As part of Indonesia’s Universal Periodic Review earlier this year, the US raised specific concern with laws that unduly restrict freedom of association, peaceful assembly and expression,” Nash said. “With Yeimo’s conviction, we are seeing the human rights harms of these laws in action. It is not enough for the US government to object in theory to abusive laws. The US must demonstrate the seriousness of their UPR recommendations by making specific calls for Yeimo’s and other activists’ immediate, unconditional release and for the protection of civil society across Indonesia.”
Amnesty International does not take on any position regarding political status within Indonesia, including calls for independence. However, the organization believes that the right to freedom of expression includes the right to peacefully advocate for independence referenda, or other political positions.
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2) Constitutional Court already revoked article used to convict Viktor Yeimo
Yogyakarta, Jubi – The Constitutional Court has, in fact, revoked in 2007 the article used by the panel of judges of the Jayapura District Court to sentence Viktor Yeimo, the international spokesperson of the West Papua National Committe (KPNB), to 8 months in prison. Viktor Yeimo’s lawyer Latifah Anum Siregar revealed this on Saturday, May 6, 2023, a day after the conviction.
“The panel of judges, in their ruling on Friday, found Viktor Yeimo to have violated Article 155 of paragraph (1) of the Criminal Code. However, the Constitutional Court has declared Article 155 to no longer have any legal force,” said Siregar.
According to Siregar, the Constitutional Court’s Decision No. 6/PUU-V/2007, which was read during the Plenary Session on July 17, 2007, clearly states that Article 154 and Article 155 of the Criminal Code are inconsistent with the 1945 Constitution. The decision also declares that these articles have no legal force. “The decision explicitly declares that Article 154 and Article 155 of the Criminal Code are unconstitutional,” Siregar said.
After reading the verdict, the panel of judges led by chief judge Mathius and consisting of member judges Andi Asmuruf and Linn Carol Hamadi, ordered Viktor Yeimo to remain in detention. However, Siregar stated that this order was null and void.
“The detention was founded upon the verdict that found Viktor Yeimo guilty. Nonetheless, he was convicted based on an article that has been invalidated by the Constitutional Court. Hence, we argue that Viktor Yeimo’s confinement, which started after the verdict was read, is not legitimate,” she said.
She further urged the judges of the Jayapura District Court to abide by the Constitutional Court’s decision that invalidated Article 155 of the Criminal Code. She stressed that Article 155 should no longer be included in any indictments, prosecutions, or court decisions.
Siregar pointed out that the Constitutional Court’s Decision has explicitly stated that Articles 154 and 155 of the Criminal Code were abolished due to their excessive restriction on freedom of expression, which contradicts Articles 28 and 28E Paragraph (2) and Paragraph (3) of the 1945 Constitution. These articles were revoked because they were too often used to criminalize the articulation of one’s views.
In the treason case, Viktor Yeimo was alleged for his involvement in the anti-racism protest in Jayapura on August 19 and 29, 2019, which condemned the racist remarks directed at Papuan students at the Kamasan III Student Dormitory in Surabaya on August 16, 2019.
Viktor Yeimo faced two indictments in his case. The first indictment accused him of committing treason, instructing others to commit, and participating in it as outlined in Article 106 in conjunction with Article 55 paragraph (1) of the Criminal Code. The second indictment accused Yeimo of conspiring to commit treason, as stipulated in Article 110 paragraph (1) of the Criminal Code.
Yeimo faces two more charges in addition to the previous two indictments. In the third indictment, he is accused of the offense of inciting, ordering, or participating in treason by providing assistance or opportunities, according to Article 110 paragraph (2) of the Criminal Code. The fourth indictment alleges that Yeimo incited others through oral or written means to commit a criminal act, engage in violence against public officials, or disobey the law or official orders, which violates Article 160 of the Criminal Code in conjunction with Article 55 paragraph (1) of the Criminal Code.
On April 27, 2023, the public prosecutor found Viktor Yeimo guilty for the offense charged in the first count of Article 106 in conjunction with Article 55 paragraph (1) of the Criminal Code. The prosecutor sought a 3-year imprisonment sentence for Viktor Yeimo.
In the verdict read out on Friday, the judges declared the first, second, third, and fourth charges against Viktor Yeimo could not be proven. However, they found Yeimo guilty of breaking Article 155 paragraph (1) of the Criminal Code, and sentenced Yeimo to 8 months of imprisonment.
According to Siregar, the Panel of Judges’ decision went beyond the Public Prosecutor’s request, which is called Ultra Petita. Siregar argued that even if the judges wanted to sentence Yeimo based on an article not mentioned in the prosecutor’s charges, the article used to convict the defendant should still refer to the one in the prosecutor’s indictment. However, in Yeimo’s case, the judges sentenced him based on an article not included in the prosecutor’s indictment, which is now revoked by the Constitutional Court. Siregar pointed out that this verdict punished Yeimo with an article that has been declared invalid by the Constitutional Court.
According to her, the judges’ decision went beyond what was requested by the public prosecutor, which is known as “Ultra Petita.” Siregar argued that even if the judges wanted to sentence Yeimo based on an article not mentioned in the prosecutor’s charges, the article used to convict the defendant should at least correspond to the article in the prosecutor’s indictment.
Siregar said the Coalition for Law Enforcement and Human Rights for Papua is currently exploring different options and legal actions that can be taken in response to the decision made by the judges of the Jayapura District Court. (*)
News Desk - Viktor Yeimo's Treason Trial. 8 May 2023
https://en.jubi.id/constitutional-court-already-revoked-article-used-to-convict-viktor-yeimo/
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3) OPM Responds to Susi Pudjiastuti's Rage concerning Susi Air Pilot
TEMPO.CO, Jakarta - The West Papua Liberation Army of the Free Papua Movement (TPNPB-OPM) rejected a protest by the owner of Susi Air, Susi Pudjiastuti, regarding the detaining of Susi Air pilot Philips Mark Mehrtens. According to OPM, Susi is part of the colonialist.
“Susi is part of the colonial government that colonized Papua,” said TPNPB-OPM spokesman Sebby Sambom on Monday, May 8, 2023.
Previously, Susi expressed her anger at the hostage-taking of the Susi Air pilot during a phone call with a Papuan figure Pastor Karel Phil Erari. In the circulating call recordings, Susi was angry because the armed criminal group (KKB) opened fire on the Indonesian Military (TNI) troops who were trying to evacuate Philip.
Susi said she had never done anything bad to the people of Papua and considered the KKB's actions against the pilot unfair.
Susi said that she often helped the people of Papua by providing food, education, and medicine. Susi Air’s flights often helped serve transportation for the people. “[Susi Air] has been flying in Papua for almost 20 years, I have helped the community,” Susi argued.
Sebby considered Susi Pudjiastuti's statement and anger to be fabricated. He believed that Susi was part of the Indonesian government since she had served as Minister of Maritime Affairs and Fisheries.
In addition, he asserted that the flights carried out by Susi Air were not aimed at helping the people of Papua but were part of a business to earn money in the region.
“So Susi thought that what she did was not colonialism? That's weird,” Sebby said.
Sebby also said that the pilot was also part of the occupiers and the TNI for pocketing a flight permit issued by the TNI Commander. “They are part of the Indonesian security force,” he added.
Sebby emphasized that Papua does not need Susi Air's help, as well as infrastructure or school development. According to him, Papuans can build their own infrastructure and schools when they are independent.
“We don't need your airplane, we don't need development. If we are independent, we will build it ourselves with our money and natural wealth,” Sebby concluded.
M ROSSENO AJI
Editor's Choice: New Zealand Hostage Urges Indonesia to Stop Airstrikes in Ndug
Translator Dewi Elvia Muthiariny. Editor Mahinda Arkyasa. 8 May 2023 18:00 WIB
https://en.tempo.co/read/1723315/opm-responds-to-susi-pudjiastutis-rage-concerning-susi-air-pilot?fbclid=IwAR3GhfBmPfw0FoR8NpMXL2eOrc1wSYKlDJre_bukOynb9o5fT1Pdryb03og
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4) Position Statement from the Church Leaders in the Land of Papua
To Mr. President, and all government officials of good will.
Allow us, the leaders of the largest churches in Papua, to express our concern regarding the current situation in Papua. We as leaders of the religious community in Papua want to share our hearts with all of you, because the current situation is a human tragedy that has kept us all away from seeing the image of every human being as the 'face of God on earth'.
To illustrate the situation in Papua, let us start by quoting a portion from a recent Kompas article: "Amnesty International Indonesia noted that from 2018 to 2022 there were at least 91 cases of extrajudicial killings involving the Army, Police, corrections officers, and Papuan pro-independence groups that killed at least 177 civilians. Meanwhile, the number of army and police members who became victims in the same period was 44 people, and members of the pro-independence group were 21 people.
The Institute for Policy Analysis and Conflict Studies (IPAC) data also shows that the number of incidents of insurgency-related violence from 2010 to 2021 continues to increase, exceeding 80 cases in 2021. These incidents killed at least 320 people, mostly civilians (178 people), members of the security forces (92 people), and armed groups (50 people). As many as 98 percent of deaths (316 people) occurred in Papua Province. Research from the Center for Strategic and International Studies (CSIS) also reveals that violence in Papua is four times greater than the national average. This is very ironic considering that Papua has one of the highest ratios of security forces per population compared to other provinces.”
The escalation described in the general data above is compounded by a number of other recent events. There was a killing by army members in Timika [4 people died], there was shooting incident by the security forces at the mob in Wamena [9 people died], there was the killing of a number of soldiers by TPNPB-OPM in Nduga [5 people died]. Meanwhile, at the grassroots level, a number of residents became victims – some died – in a sweeping operation by the security forces, their homes were destroyed, their security was removed, and in the end………….
https://awpasydneynews.blogspot.com/2023/05/position-statement-from-church-leaders.html
https://www.benarnews.org/english/news/indonesian/weapons-sold-05042023143418.html
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5) Indonesian military cracks down on soldiers selling weapons to Papuan rebels
The illegal sale of government-issued weapons and ammunition by Indonesian soldiers to separatist rebels in the Papua region surged in 2022, military officials said, warning that service members caught aiding the separatists could face execution.
Twenty-seven cases of such illicit sales by army personnel were reported last year, compared with 10 in 2021 in six Papua provinces, Adm. Yudo Margono, commander of the Indonesian military (TNI), said this week.
The military will harshly punish any personnel involved in such transactions, including buying and selling illegal weapons, TNI spokesman Rear Adm. Julius Widjojono said. Headquarters will continue monitoring to prevent illegal weapons trading, especially in the far-eastern Papua region, he said.
“In the future, Adm. Yudo will impose maximum punishment, the death penalty, if military personnel are found to have committed wrongdoing,” Julius told BenarNews on Thursday.
Indonesia as a whole is notorious for corruption across the government and public sector.
“Apart from buying and selling, the abuse includes carrying weapons in inappropriate places, threatening people with arms,” Julius said.
‘An old practice’
Meanwhile, a spokesman for the rebel side and experts on the long-running Papuan conflict confirmed that such sales were occurring but did not comment on the volume or types of weapons sold.
The West Papua National Liberation Army (TPNPB), the military wing of the Free Papua Organization, said such sales have been going on for a long time in Papua.
TPNPB spokesman Sebby Sambom said he bought three automatic weapons from Indonesian troops in Wamena, Papua Pegunungan province, for 300 million rupiah (U.S. $20,435) in 2007 and 2008.
“So, it’s an old practice. It’s not something new. Besides, not all TNI members hate Papuans,” he said.
Sambom said rebels obtained firearms by purchasing them from soldiers or seizing them from the Indonesia army and police.
Yones Douw, a human rights activist in Papua, confirmed that rebels had been purchasing and selling illegal weapons in Papua for years, both individually and in groups.
“Selling weapons in groups is difficult to detect because those who sell and buy protect each other. This is what causes a prolonged conflict that never ends,” Douw told BenarNews.
Supply and demand
Adriana Elisabeth, a researcher at the Papua Peace Network (Jaringan Damai Papua), an NGO focusing on conflict resolution, said the sources of firearms in Papua could come from anywhere, including from members of Indonesian military and police. She said the marketing of such firearms was related to the principle of supply and demand.
“The illegal arms trading involves many parties, including security forces and ordinary people,” Adriana told BenarNews. “That’s financially beneficial as well as a source of prolonged conflict. This condition also ‘commonly’ occurs in many armed conflicts in other countries.”
House member Yan Mandenas urged Yudo to take action against soldiers involved in selling weapons to armed separatist groups and prepare a strategy to prevent this from happening in the future.
“This is a serious violation, so it must be a strict penalty against those who sell weapons,” Yan told BenarNews.
The growing strength and expansion of the TPNPB coincided with an increasing number of factory-made firearms, according to a report published in July 2022 by the Institute for Policy Analysis of Conflict (IPAC), a Jakarta think-tank.
In May 2021, the report said, police claimed that six-armed groups operating in Papua possessed 70 firearms – most were government-issued that were stolen or purchased from rogue military or police officers. The firearms included assault weapons manufactured by PT Pindad, the national munitions company.
Some independent estimates put the number of firearms possessed by rebel troops across Papua to be as high as 400 to 450, according to IPAC.
Reports of illegal arms purchases by the TPNPB have been making headlines since 2020. One high-profile case occurred in February 2021 when a soldier and two police in Ambon were arrested after allegedly attempting to sell weapons, according to IPAC.
Weapons and ammunition are either delivered by personnel who use their counterinsurgency assignment in Papua as an opportunity to carry them or hand them over to buyers who can transport them to Papua via sea routes, IPAC reported.
Victor Mambor in Jayapura, Indonesia, contributed to this report.
Tria Dianti and Arie Firdaus. 2023.05.04. Jakarta
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6) Papua's Cartenz Task Force Arrest Weapons Supplier of Local Separatist Group
TEMPO.CO, Jakarta - Indonesian law enforcement claims to have arrested the supplier of firearms and ammunition for the armed criminal groups in the Papua highlands. The team tasked with handling security issues in the region – the Cartenz peace taskforce – revealed that the perpetrator was the head of the Kenyam District in the Nduga Regency.
Cartenz task force commander Faizal Rahmadani revealed that the arrest initially took place in early April. “The arrest was made in April and [the suspect] is being investigated deeper,” said Faizal on Thursday, May 4, 2023, as reported by state news agency Antara.
The district head in question is identified as MM (37), who was also investigated for indications of funding the armed criminal group in the region of Nduga.
Law enforcers also arrested 31 people allegedly involved in the armed criminal group which is believed to pose dangers to locals in the highlands. This specific area is suspected to be the main headquarters for the West Papua National Liberation Army (TPNPB), which is the military wing of the Free Papua Movement (OPM).
The Cartenz peace task force in Papua confiscated 13 various types of firearms and 710 ammunition from various calibers. Authorities also confiscated non-firearm weapons, cellular phones, radios, walkie-talkies, and the separatist flag.
ANTARA
Translator Ricky Mohammad Nugraha. Editor Mahinda Arkyasa. 4 May 2023 22:39 WIB
https://en.tempo.co/read/1721947/papuas-cartenz-task-force-arrest-weapons-supplier-of-local-separatist-group
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7) Church leaders in Papua: “the current situation is a human tragedy”
World Council of Churches
Church leaders in Papua, in a position statement directed toward government officials, said “the current situation is a human tragedy,” expressed grave concern about extrajudicial killings and other violence, and called for immediate measures for a sustainable peace.
“The current situation is not the result of one particular incident, such as the case of a pilot being taken hostage,” reads the statement. “It is the result of a long history.”
The statement notes that, during the last four years, the situation has deteriorated drastically.
“According to our observations as religious leaders, after the racist incident in August 2019, developments were dominated by the application of a scenario that no longer intended to find a solution to the conflict or intended to find out the roots of the conflict (roots of racism, roots of discrimination, roots of marginalization, roots of increased political protest),” reads the statement. “The intention turned out to be to control the entire territory of Papua and paralyse all political resistance.”
The church leaders note that the role of the civil government in Papua has been reduced to the point that it is now disappearing.
“Moreover, more and more innocent people, civilians, have become victims,” notes the statement. “It turns out that Papuans can be arrested, beaten, accused of treason without any proper investigation.”
The church leaders urge recognizing the dignity of everyone involved.
“Of course news from the people on the ground is one of the true benchmarks for us, as leaders of the religious community, because they simply talk about their experiences, not about fantasies,” reads the statement. “The truth is very important to establish together, because it is the key to peace.”
The statement also urges a policy that is based on the root causes of the conflict.
“A number of constitutional rights have been removed and the atmosphere of democracy has declined significantly,” reads the statement. “These two elements are deeply felt in Papua.”
The church leaders call for restoring all basic constitutional rights. “An important part to restore the situation should be a focus on those who are internally displaced so that they receive the necessary services they need until they can return to their villages,” continues the statement. “It is impossible for a negotiation to be carried out where the threat of the authorities is at the door.”
The statement ends will a call for the dignity of every human being to be placed above anything else. “This is a top priority!” the statement concludes.
Statement of the Church leaders in Papua
World Council of Churches. 04 May 2023
https://www.oikoumene.org/news/church-leaders-in-papua-the-current-situation-is-a-human-tragedy