With their plight largely ignored by the public, 63 Indonesians detained on treason charges have turned to the United Nations for help, hoping they could be saved from the threat posed by the COVID-19 disease in the country’s overcrowded prisons.

The prisoners made joint appeals to the UN Working Group on Arbitrary Detention and three UN special rapporteurs on Wednesday, helped along by Australian and Indonesian lawyers Jennifer Robinson and Veronica Koman. The human rights lawyers argued that the 56 indigenous Papuans, five indigenous Moluccans, one native Batak and one Polish national were arbitrarily and unlawfully detained in violation of the country’s international obligations.

“These urgent appeals have been made given the imminent threat to the prisoners’ lives from being detained in overcrowded prisons amid the COVID-19 pandemic […] Their detention is now not only unlawful, but life-threatening. All 63 prisoners should be immediately and unconditionally released,” Robinson said in a statement on Thursday.

The appeal was made following the government’s plan to grant early release or parole to 50,000 eligible prisoners and juvenile inmates as a means of preventing the spread of the infectious disease in correctional facilities. Law and Human Rights Minister Yasonna Laoly previously said that those eligible for release include 15,442 drug convicts who have already served five to 10 years, 300 graft inmates aged 60 years and above, 1,457 special crimes convicts with chronic diseases and 53 foreign prisoners who have served at least two-thirds of their sentences.

It remains unclear whether the 63 prisoners in question are eligible for early release, but one ministry official said on Thursday that only those who fulfilled the requirements set out in Law and Human Rights Ministery Regulation No. 10/2020 would be considered. The regulation stipulates that convicts are eligible for early release unless they have committed one of several types of crimes, including crimes against national security. Most of the petitioning prisoners were arrested for their involvement in a series of protests against racial abuse last year, which stoked tensions between Papuan rebels and the government. The country’s easternmost provinces of Papua and West Papua have long been dealing with a disorganized separatist movement, which the Indonesian government routinely blames as being the actor behind various cases of violent unrest in the restive region.

Indonesia’s permanent representative to the UN in Geneva, Switzerland, Hasan Kleib, said he had not received any information about the appeals the lawyers claimed to have submitted. “We have not seen the copy of the letters. We are trying to find out and ask the relevant parties at the UN Human Rights Council directly,” Hasan told The Jakarta Post in a short message on Thursday. Indonesia was elected to the Human Rights Council in October last year. The Working Group on Arbitrary Detention is mandated by the council to investigate alleged cases of arbitrary detention, but only with the consent of the states concerned.

On April 1, UN High Commissioner for Human Rights Michelle Bachelet urged countries to reduce the population of overcrowded prisons to avoid an explosive spread of the SARS-Cov-2 virus – which causes COVID-19 – in closed and choked settings. Indonesia currently houses 268,919 inmates in 524 prisons, roughly double its maximum capacity, according to Law and Human Rights Ministry data from February.

Bachelet urged states to “release all those detained without a lawful basis, including those held in violation of human rights obligations”. Her spokesman, Rupert Colville, later stressed that nations should also release “political prisoners and those detained for critical, dissenting views”. All 63 political prisoners in question have been charged with treason under Article 106 and/or Article 110 of Indonesia’s Criminal Code, which can carry a sentence of up to 20 years. Seven of them have been convicted while the others are still on trial. “The activities for which they have been detained range from simply carrying or displaying the West Papuan or Moluccan national [separatist] flags, to participation in peaceful protests and being members of political organizations that support self-determination: all internationally protected activities,” said the human rights lawyers who organized the appeal. According Article 6, Paragraph 4 of Government Regulation No. 77/2007, the design of a regional logo or banner must not have any resemblance to that of a banned organization or separatist movement. Veronika was previously involved in an attempt to hand over letters to President Joko “Jokowi” Widodo during his visit to Australia in February. The letters reportedly included details of 57 Papuan political prisoners as well as 243 civilians who have died in Nduga, Papua, since December 2018. The document was dismissed by Coordinating Legal, Political and Security Affairs Minister Mahfud MD. “So far, we have not received any response, except for the minister saying that the data was ‘probably just trash’. We urge the UN and the Indonesian government to take this matter very seriously now that lives are at stake,” Veronica said. The European Parliament has also called for the Polish man’s transfer back to his home country. Papua has restricted entry to the province by sea and air to stem the spread of COVID-19. As of Thursday, Papua has confirmed 80 cases and six fatalities, while West Papua has recorded five infections and one death. The country’s official tally is currently at 5,516 confirmed cases with 469 deaths.

This article was published in thejakartapost.com with the title “‘Political prisoners’ turn to UN amid COVID-19 threat”. Click to read: https://www.thejakartapost.com/news/2020/04/16/political-prisoners-turn-to-un-amid-covid-19-threat.html.

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1) Papuan activist, Victor Yeimo, to face multiple charges including treason

 News Desk May 11, 2021 3:24 pm

KNPB’s flag – Jubi

Jayapura, Jubi – Papua Police chief Insp. Gen. Mathius D Fakhiri said that Victor Yeimo, the international spokesperson of the National Committee of West Papua (KNPB) arrested by the police on Sunday, May 9, 2021, would face multiple charges including treason charges.

Other than charged with treason, Yeimo was also accused of violating articles on flags and state symbols, provoking to fight against the authorities, using common force to commit violence, arson, and theft

“I make sure [Victor Yeimo] is a suspect. We arrested Yeimo on Sunday based on a lot of reports. First, we detained him for allegedly provoking the 2019 riots,” Fakhiri said on Monday. In August 2019, riots broke out in Papua and West Papua as local people and students protested against the racial abuse of Papuan students in East Java.

“For that, we will charge him of crimes against national security,” said Fakhiri.

He said Yeimo violated Article 106 jo. 82 and Article 110 of Criminal Code (treason), articles in Law No.24/2009 on flags, languages, state symbols, and national anthem, Article 160 of Criminal Code (incitement to fight against the authorities), Article 187 of Criminal Code (arson), Article 365 of Criminal Code (theft), Article 170 Paragraph 1 of Criminal Code (use common force to commit violence), and Article 2 of Law No.12/1961 on the possession of batting or stabbing weapon.

Fakhiri said his party was investigating all police reports on Yeimo including the alleged violation against Law No. 19/2016 on electronic information and transaction. “Yeimo also [allegedly] distributed propaganda. We will probe the matter further,” he said.

On Sunday, Yeimo was transferred from the Papua Police headquarters to the Papua Mobile Brigade headquarters in Kotaraja. “The police will investigate him there. I have asked the investigators to treat the suspect well. We put forward the presumption of innocence,” he said.

Reporter: Yuliana Lantipo

Editor: Aryo Wisanggeni G

———————

https://en.antaranews.com/news/174418/police-need-time-to-crush-papuan-separatists-senior-official

2) Police need time to crush Papuan separatists: senior official 

 9 hours ago Jakarta (ANTARA) – Indonesian police will need time to hunt down Papuan separatist terrorists owing to their knowledge of the terrains where they operate and hide, a top official has said.

“At the moment, we need to be patient to follow what has become policies,” chief of the National Police’s Security Intelligence Agency, Coms.Gen. Paulus Waterpauw, told the press here on Tuesday.

The Indonesian government formally designated armed Papuan groups, also known as “KKB”, as “terrorists” on April 29, 2021 and attributed the decision to their acts of terror and crimes against civilians.

Labeling the groups as terrorists would help the government track those backing and funding them, Waterpauw explained.

The National Police’s counterterrorism detachment Densus 88 could be tasked with probing such links, he added.

It is rather strange that the armed terrorists are in possession of expensive firearms and ammunition, he pointed out.

They can also purchase other necessities though they are jobless, he said, adding that the authorities need to find out and break the chain of their financial sources.

Waterpauw also emphasized that the terrorism label is only meant for those committing crimes, and not for members of Papuan communities.

Over the past few years, armed Papuan groups have employed hit-and-run tactics against Indonesian security personnel and mounted acts of terror against civilians in the districts of Intan Jaya, Nduga, and Puncak to instill fear among the people.

The recent targets of such attacks have included construction workers, motorcycle taxi (ojek) drivers, teachers, students, street food vendors, and even, civilian aircraft.

On December 2, 2018, a group of armed Papuan rebels brutally killed 31 workers from PT Istaka Karya engaged in the construction of the Trans Papua project in Kali Yigi and Kali Aurak in Yigi sub-district, Nduga district.

The same day, armed attackers also killed a soldier, identified as Handoko, and injured two other security personnel, Sugeng and Wahyu.

Such acts of violence have continued this year. On January 6, 2021, at least 10 armed separatist terrorists vandalized and torched a Quest Kodiak aircraft belonging to Mission Aviation Fellowship (MAF) on the Pagamba village airstrip.

On February 8, 2021, a 32-year-old man was shot at close range in Bilogai village, Sugapa sub-district.

The victim, identified as RNR, sustained gunshot wounds on the face and right shoulder and was taken to the Timika Public Hospital in Mimika district on February 9, 2021.

In a separate incident on February 9, six armed Papuans fatally stabbed a motorcycle taxi (ojek) driver.

another motorcycle taxi driver was shot dead by an unknown gunman in Papua the same day.

On April 8, 2021, several armed Papuan rebels opened fire at a kiosk in Julukoma village, Beoga sub-district, Puncak district, killing a Beoga public elementary school teacher, identified as Oktovianus Rayo.

After killing Rayo, the armed attackers torched three classrooms at the Beoga public senior high school.

On April 9, 2021, armed separatists fatally shot another teacher, Yonatan Randen, on the chest.

Two days later, nine classrooms at the Beoga public junior high school were set ablaze by an armed group.

Barely four days later, Ali Mom, a student of the Ilaga public senior high school in Beoga sub-district, was brutally killed by armed attackers.

On April 25, 2021, Papuan separatists operating in Beoga ambushed State Intelligence Agency (Papua) Chief I Gusti Putu Danny Karya Nugraha and several security personnel during their visit to Dambet village. Nugraha died in the attack. (INE)

Don’t brand West Papuan resistance OPM ‘terrorist’, say ex-general, critics

By APR editor – 

May 8, 2021

General Gatot Nurmantyo, a former commander in the Indonesian National Armed Forces, giving his television interview – in Bahasa Indonesian. Video: TV-One Indonesia

Asia Pacific Report correspondent

A former Indonesian military commander has condemned the formal labelling of the West Papuan resistance TPN/OPN as “terrorists”, saying that the Papuan problem was complex and could not be solved by armed force alone.

Among other critics of the tagging are the Papua provincial Governor, Lukas Enembe and a Papuan legal researcher.

General Gatot Nurmantyo, former commander of the Indonesian National Armed Forces (TNI), said during a live interview on TV-One Indonesia that it was wrong to label the TPN/OPM (National Liberation Army/Free Papua Movement) as a terrorist group.

He said that Jakarta had tried to use a military solution since the former Dutch colony of Irian Jaya was “integrated” into Indonesia in 1969 without bringing about any change.

“Papua cannot be solved by military operations,” he said.

General Nurmantyo said military operations would not solve the root cause of the conflict in Papua.

He regretted the decision made by President Joko “Jokowi” Widodo’s administration on May 5.

“I am saddened to hear that troops are leaving for Papua to fight. It’s a picture that I think makes me sad,” said the general.

Sad for two reasons
He said he felt sad for two reasons:

• First, Papua was one of the Indonesian provinces and the youngest province of the Unitary State of the Republic.
• Second, based on Government Regulation in Lieu of Acts (PERPU) 59 of 1959, Papua was still under civilian rule. So, the military actions should be mainly territorial, which supported by intelligence and prepared combat operations.

The retired general said that Papuans “are our own people”, so the burden could not be imposed only on the military and police. Executive government and other government agencies should comprehend the real background of the movements and be involved to resolve the prolonged problem in Papua.

“Territorial operations are operations to win the hearts and minds of the people, because what we face is our own people. Do not expect to solve a condition in Papua only with military operations,” said General Nurmantyo.

“I remind you, it will not work, no matter how great it will be. Because the problem is not just that small,” he said.

General Nurmantyo, who has been a former military district commander in Jayapura and Merauke said that Indonesia already had experience in Aceh where the conflict had not been resolved by military operations.

As the PERPU 59 of 1959 was still valid, the governor was the single highest authority. The military was not allowed to carry out operations without coordinating with the local government.

Communication with government
General Nurmantyo said communication with the local government was carried out and measured operations launched.

“Lest the people become victims! How come, in a situation like this we are waging an open war? Seriously!

“Meanwhile, the situation is still very civil. The leader is the governor or local government.

“This is a state regulation. This is different from when Papua would be designated as a military operation,” said General Nurmantyo.

According to a media release received by Asia Pacific Report. Papua Governor Lukas Enembe and the provincial government also objected to the terrorist label given to the KKB (“armed criminal group”), as the Indonesian state refers to the TPNPB (West Papua National Liberation Army). 

Key points
Two of the seven points made in the media release said:

• “Terrorism is a concept that has always been debated in legal and political spheres, thus the designation of the KKB as a terrorist group needs to be reviewed carefully and ensure the objectivity of the state in granting this status, and
• “The Papua provincial government pleaded with the central government and the Indonesian Parliament to conduct a re-assessment of the observation of the labeling of KKB as terrorist. We are of the opinion that the assessment must be comprehensive by taking into account the social, economic and legal impacts on Papuans in general.”

Papua Governor Lukas Enembe … critical of the OPM tagging in a media statement. Image: APR screenshot

A West Papuan legal researcher, who declined to be named, said that the Indonesian government misused the term “terrorism” to undermine the basic human rights of indigenous West Papuans.

So far, the term terrorism had no precise definition and so has no legal definition, said the researcher.

Many of the United Nations member states did not support UN resolution 3034 (XXVII) because it contained a certain degree of disconnection to other international instruments, particularly human rights laws.

Disagreements among the states remained regarding the use of terrorism, especially the exclusion of different categories of terrorism.

Right to self-determination
In particular the exception of the liberation movement groups. Particularly contentious which was the affirmation in 1972 of “the inalienable right to self-determination and independence of all peoples under colonial and racist regimes and other forms of alien domination”.

“The legitimacy of their struggle, in particular, the struggle of national liberation movements by the principles and purposes is represented in the UN charter. Therefore, designating West Papua Liberation Army as a terrorist group by the Indonesian government considered outside the category of the terrorist act,” said the researcher.

“Any definition of terrorism must also, accommodate reasonable claims to political implications, particularly against repressive regimes such as Indonesia towards West Papuans.

“The act of self-determination by Papuans cannot be considered terrorism at all.”

The international community should condemn any regime that is repressive and terrorist acts by colonial, racist and alien regimes in denying peoples their legitimate right to self-determination, independence, and other human rights.

A coherent legal definition of terrorism might help “confine the unilateral misuse” of the term by the national government such as Indonesia against TPNPB/OPM, said the researcher.

The other side of the story was war crimes, crimes against humanity, genocide, oppression, torture and intimidation by the state.

These elements were present in West Papua and they qualified as the act of terrorists and were therefore universally recognised as crimes against humanity and criminals, the researcher said.

The researcher added: “The West Papua army or TPN/OPM are not terrorist groups. They are the victims of terrorism”

This report and the translations have been compiled by an Asia Pacific Report correspondent.