INDONESIA: Indigenous Papuans charged with treason

Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding five indigenous Papuans charged with treason.  They were arrested and detained after attending a meeting at the invitation of the Minister of Defense, Retired General Ryamizard Ryacudu. It was sponsored by the military of the province [Kodam Cenderawasih], the Papuan Regional Intelligence Office [KABINDA], and the office of National and Political Unity. 

CASE NARRATIVE:

On April 8, 2015, a delegation from the Papuan Independent Committee [KIP], chaired by Mr. Drs. Lawrence Mehue, and other members namely: Mr. Drs. Don A. L. Flassy, MA,  Mr. Mas Jhon Ebied Suebu,  Mr. Onesimus Banundi, flew to Jakarta. They met with the Minister of Defense, Retired General Ryamizard Ryacudu. The meeting was facilitated by the Minister of Defense, and supported by Kodam Cendrawasih Papua, Kesbangpol and KABINDA. 

This invitation had been coordinated by Mrs. Heny Tan Fere, a government official of Kesbangpol, plus, Mr. Guntur from Kodam Cendrawasih Papua, and Mr. Roberth from KABINDA. Mrs. Heny had been the communicator between Papua and the Government, including the Minister of Defense.

On April 9, 2015, the delegation arriving in Jakarta, were not able to meet, as the minister was attending the National Congress of the Indonesian Democratic Party of Struggle [PDIP], with President Joko Widodo in attendance. 

Subsequently, on April 10 at 2.00 pm, the delegates met with Minister Ryamizard at Wisma Menteri Pertahananat, the Guest House of the Minister of Defense.  The Minister welcomed them and requested Heny to introduce all the delegates. She introduced the Papuan Independent Committee as an initiator not as a facilitator of the Federal State of the Republic of West Papua [NFRPB]. Knowing the workings of the NFRPB, the Minister, despite clarification, was offended. 

Then, some documents concerning basic considerations of the NFRPB were handed over. Similar documents had previously been given to former President Susilo Bambang Yudhoyono, and the current President Joko Widodo. Therefore, there was nothing new in the documents.

Previously, the main duty of the Minister of Defense was to manage war.  But, the Minister said they currently deal with issues of humanity and peace, inside and outside the country. He cited his experience during his visit to Russia, where he introduced problems which occurred in Indonesia and Papua. Summing up, the Minister said that Indonesia and Papua should continue constructive communication through Mrs. Heni Tan Fere. He requested a photo session with the delegates after the meeting.

On April 13, 2015, the delegates flew back, arriving in Jayapura at the Sentani Papua Airport on April 14, 2015, at 07.00 am.  A press conference was rescheduled to Theis Hall where many journalists were gathered, invited and mobilized by the military. Once the delegates entered the Hall, the police arrested Lawrence Mehue, Don Flassy, Mas Jhon SUebu, Ones Banundi and Heni Tan Fere. 

Elias Ayakeding who was to pick up the delegates was not allowed to enter the airport. He was ordered by the chief of the Sentani police to leave. On his way home, at the street called Sentani post seven, the police arrested and transferred him to the Jayapura police station. 

After the police questioned the five, they were ordered back home. Three, Don Flassy, Lawrence Mehue and Heni Tan Fere were to come back the next morning at 09.00 am. for further questioning. The other two were detained in POLDA Papua.

On April 15, 2015, a team of lawyers contacted Mr. Darma Suwandito, SIK the head of the security unit [Kasubdit Keamanan] of POLDA Papua, in regard to the legal status of the delegates. Darma explained that the police questioning will continue, and they will be charged with treason. Article 106 of the Indonesian Penal Code [KUHP] states: “The attempt undertaken with intent to bring the territory of the state wholly or partially under foreign domination or to separate part thereof, shall be punished by life imprisonment or a maximum of twenty years.” They were also charged with article 55 of KUHP on participation in a punishable act. 

Here are the detailed charges: 

1. Mr. Drs. Don. A.L. Flassy, MA (68), charged with article 106 of KUHP and article 55, paragraph 1 and article 53, paragraph 1 of KUHP.
2. Mr. Drs. Lawrence Mehue (68), charged with article 106 of KUHP, article 55, paragraph 1 and article 53, paragraph 1 of KUHP.
3. Mr. Mas Jhon Ebied Suebu (42), charged with article 106 of KUHP and article 108 point 2 of KUHP and article 55, paragraph 1 point 1 and article 53, paragraph 1 of KUHP.
4. Mr. Onesimus Banundi (60), charged with article 106 of KUHP and article 108 point 2 of KUHP and article 55, paragraph 1, point 1 and article 53, paragraph 1 of KUHP.
5. Mr. Elias Ayakeding (41) charged with article 106 of KUHP and 160 of KUHP

At 17.30 pm on the same day, Darma informed all the delegates that they were suspects. Without any clear reasons, the police released Heni Tan Fere, but officially detained the other five Papuan’s in POLDA Papua. The lawyers protested the release of Heni, arguing that she must be held accountable.  This is due to her role as communicator and facilitator for the meeting of the delegates and their dialogue with the Minister. The police did not take their protest into account. 

The AHRC notes that in total, five Papuans had been detained from 15-30 April 2015, released on bail, but with the questioning continuing. 

ADDITIONAL INFORMATION:

Since the Indonesian Government enacted Government Regulation No. 77 of 2007, on Regional Symbols, the number of Papuans charged with treason has increased. Article 6 paragraph 4 stipulates that “The designs of a regional symbol and flag must not be in part, or as a whole, the same as the symbol and flag of any banned organizations or separatist movements within the Republic.” Papuans are usually charged under the penal code and under Regulation No. 77 of 2007.

According to Papuan Human Rights Organizations, approximately sixty-seven Papuans have been charged with treason and other criminal acts due to their activities and expressions on Papuan independence. Between 2012 and 2013 the trends in charges changed. Police tended to charge activists under the criminal article of KUHP, rather than the treason article, although all their activities were political motivated

From 2004-2014, under the former President, the Government did not acknowledge that the Papuan detainees fell within the definition of political prisoners. The Government preferred to call them criminal detainees. However, he initiated a discourse on the release of detainees, but it was never executed. 

Under President Joko Widodo, the Government is leaning toward the possibility of releasing all  political prisoners. The AHRC appreciates the Government’s initiative and the guarantee that the same charges will not re-occur in the future. This initiative can move the Papuan human rights situation forward. 

Indonesia is a state party of the International Covenant on Civil and Political Rights ICCPR, with the promulgation of Law No 12 in 2005. Article 19 paragraph 2 states “Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.”

The Constitution of the Republic of Indonesia [UUD 1945] also guarantees such rights. Article 28 E paragraph 3 states “Every person shall have the right to the freedom to associate, to assemble and to express opinions.” Indonesia also has a national law No 39 of 1999 on Human Rights, article 4 which guarantees the right to freedom of thought and conscience.”

SUGGESTED ACTION:

Please write to the authorities listed below, asking them to ensure that the treason law charging Papuans be rescinded. The Government of Indonesia should release all political prisoners, repeal treason articles 106-110 of the Indonesian Penal Code [KUHP], and demonstrate that it is capable of solving Papua’s problems peacefully. 

The five indigenous Papuan’s recently charged with treason, should be unconditionally released and all questioning stopped. The Police must be aware that their coming to Jakarta for a meeting was by invitation from the Minister of Defense. Therefore, they cannot be charged with treason because they only expressed their opinions during discussions with the Minister. Freedom of opinion, thought, and expression is guaranteed under the Indonesian Constitution UUD 1945.

The AHRC has written a separate letter to the UN Special Rapporteur on the promotion and protection of the rights to freedom of opinion and expression, and the Special Rapporteur on the rights of indigenous peoples. 

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