An Indonesian court has held a hearing to consider whether the ailing suspended Papua Governor, Lukas Enembe, is well enough to go on trial for the allegations of bribery and gratification that he is facing.

The hearing was held in the Central Jakarta District Court yesterday to consider a second medical opinion provided by the Indonesian Medical Association (IDI).

Corruption Eradication Commission (KPK) public prosecutors read out the IDI medical report, which stated that the defendant Enembe was fit to face trial.

Former Governor Enembe was not present at the hearing and his lawyers and family protested against the second opinion of IDI’s decision, arguing that the judgment was not based on a proper medical report but rather a view formed and collected by KPK’s doctors through interviews.

The family refused to accept this result because they believe it did not accurately represent the medical issues facing the governor.

The governor’s lawyers contend that their client is seriously ill, and they have now received an accurate medical report from the army hospital’s specialist, who has been treating  Enembe for the past two weeks, since he was moved from KPK’s detention cell to Gatot Soebroto Army Central Hospital (RSPAD) in Jakarta on July 16 due to serious health concerns.

“As a result of the explanation given by the RSPAD doctor’s team who visited Mr Enembe’s in-patient room on Monday (24/7), it was determined that Mr Enembe’s kidney function had decreased dramatically. According to Bala Pattyona, Mr Enembe’s chronic kidney has deterorated rapidly,” reports ODIYAIWUU.com.

From army hospital to cell — emotional for family
Despite serious health concerns, on July 31 the KPK came to the Army hospital and picked up Enembe, taking him to KPK’s detention cell.

Enembe’s lawyer, Petrus Bala Pattyona, revealed an emotional atmosphere when Enembe was removed from the hospital.

His wife, siblings and other relatives who were at the RSPAD were reportedly crying.

“The governor was taken by wheelchair from his room to the ambulance,” Petrus told Kompas.com on Monday night.

Petrus said that before being picked up by the KPK prosecutors, the family had refused to sign administrative documents for Enembe’s departure from RSPAD.

“Because the person who brought Mr Enembe to the hospital was a KPK prosecutor, then they are the ones who are responsible for Mr Enembe’s discharge from the hospital,” said Pattyona.

The KPK officials signed the hospital discharge papers.

Health priority request
The governor’s lawyers asked for the unwell governor to remain in the city to prioritise his medical treatment.

In response to his deteriorating health, the governor’s legal advisory team sent a letter on Thursday, July 20, to the Jakarta District Court judges.

They requested that Lukas Enembe be granted city arrest status because of his serious life-threatening illness.

The letter was signed by the governor’s legal team, including Professor Dr OC Kaligis, Petrus Bala Pattyona, Cyprus A Tatali, Dr Purwaning M Yanuar, Cosmas E Refra, Antonius Eko Nugroho, Anny Andriani and Fernandes Ratu.

According to the governor’s senior lawyer, Professor Kaligis, the application was submitted on the grounds that Enembe’s health had not improved since he had been detained in KPK’s detention cell.

Professor Kaligis said: “Our client is suffering from many complicated, serious illnesses. His kidney disease has reached stage five, he has diabetes, and he has suffered from four strokes. He is suffering from low oxygen saturation, swelling in his legs, and other internal diseases.”

In a written statement, Kaligis said Enembe’s legal counsel requested the judges to consider bail for the governor. He pleaded with the legal authorities to empathise with Enembe’s suffering.

Suharto’s case a valuable lesson
Kaligis said that while defending the late Indonesian President Suharto, his party went to Geneva on 13 June 2000 and met with the Centre for Human Rights and specifically the Human Rights Officer, Mrs Eleanor Solo.

“During that time, I was accompanied by Dr Indriyanto Seno Adji and two members of the TVRI crew because a seriously ill individual would not be suitable to [be examined] at the trial. Regardless of accusations a person might be facing, no one should be subjected to inhumane or degrading conduct,” Kaligis said.

During Kaligis’s visit to Geneva, a human rights delegation visited the residence of Suharto, ensuring that the judge who tried Suharto, the late Chief Justice of South Jakarta State, Judge Lalu Mariun, stopped the examination after receiving a fatwa from the Supreme Court.

Because Lukas Enembe is incarcerated under the authority of a panel of judges — not the KPK — Profewsaor Kaligis said they were hopeful that the request would be granted.

According to Elius Enembe, the governor’s brother and spokesman for the governor’s family, the governor was in a critical condition.

Nothing good will come from returning him to KPK’s prison cells. This is bad news for us and given the governor requires full support in terms of care needs, KPK should be held responsible should something grave occur while under their council. The Papuan people and the world are watching. There is nothing more torturous than this.

On Wednesday, 26 July 2023, the governor had his birthday, turning 56.

What should have been a happy celebration with family and the people of his homeland was abandoned for a hospital bed.

The trial is due to resume next week.

Yamin Kogoya is a West Papuan academic who has a Master of Applied Anthropology and Participatory Development from the Australian National University and who contributes to Asia Pacific Report. From the Lani tribe in the Papuan Highlands, he is currently living in Brisbane, Queensland, Australia.

Article by AsiaPacificReport.nz

An Indonesian court has held a hearing to consider whether the ailing former Papua Governor, Lukas Enembe, is well enough to go on trial for the allegations of bribery and gratification that he is facing.

The hearing was held in the Central Jakarta District Court yesterday to consider a second medical opinion provided by the Indonesian Medical Association (IDI).

Corruption Eradication Commission (KPK) public prosecutors read out the IDI medical report, which stated that the defendant Enembe was fit to face trial.

Former Governor Enembe was not present at the hearing and his lawyers and family protested against the second opinion of IDI’s decision, arguing that the judgment was not based on a proper medical report but rather a view formed and collected by KPK’s doctors through interviews.

The family refused to accept this result because they believe it did not accurately represent the medical issues facing the governor.

The governor’s lawyers contend that their client is seriously ill, and they have now received an accurate medical report from the army hospital’s specialist, who has been treating  Enembe for the past two weeks, since he was moved from KPK’s detention cell to Gatot Soebroto Army Central Hospital (RSPAD) in Jakarta on July 16 due to serious health concerns.

“As a result of the explanation given by the RSPAD doctor’s team who visited Mr Enembe’s in-patient room on Monday (24/7), it was determined that Mr Enembe’s kidney function had decreased dramatically. According to Bala Pattyona, Mr Enembe’s chronic kidney has deterorated rapidly,” reports ODIYAIWUU.com.

From army hospital to cell — emotional for family
Despite serious health concerns, on July 31 the KPK came to the Army hospital and picked up Enembe, taking him to KPK’s detention cell.

Enembe’s lawyer, Petrus Bala Pattyona, revealed an emotional atmosphere when Enembe was removed from the hospital.

His wife, siblings and other relatives who were at the RSPAD were reportedly crying.

“The governor was taken by wheelchair from his room to the ambulance,” Petrus told Kompas.com on Monday night.

Petrus said that before being picked up by the KPK prosecutors, the family had refused to sign administrative documents for Enembe’s departure from RSPAD.

“Because the person who brought Mr Enembe to the hospital was a KPK prosecutor, then they are the ones who are responsible for Mr Enembe’s discharge from the hospital,” said Pattyona.

The KPK officials signed the hospital discharge papers.

Health priority request
The governor’s lawyers asked for the unwell governor to remain in the city to prioritise his medical treatment.

In response to his deteriorating health, the governor’s legal advisory team sent a letter on Thursday, July 20, to the Jakarta District Court judges.

They requested that Lukas Enembe be granted city arrest status because of his serious life-threatening illness.

The letter was signed by the governor’s legal team, including Professor Dr OC Kaligis, Petrus Bala Pattyona, Cyprus A Tatali, Dr Purwaning M Yanuar, Cosmas E Refra, Antonius Eko Nugroho, Anny Andriani and Fernandes Ratu.

According to the governor’s senior lawyer, Professor Kaligis, the application was submitted on the grounds that Enembe’s health had not improved since he had been detained in KPK’s detention cell.

Professor Kaligis said: “Our client is suffering from many complicated, serious illnesses. His kidney disease has reached stage five, he has diabetes, and he has suffered from four strokes. He is suffering from low oxygen saturation, swelling in his legs, and other internal diseases.”

In a written statement, Kaligis said Enembe’s legal counsel requested the judges to consider bail for the governor. He pleaded with the legal authorities to empathise with Enembe’s suffering.

Suharto’s case a valuable lesson
Kaligis said that while defending the late Indonesian President Suharto, his party went to Geneva on 13 June 2000 and met with the Centre for Human Rights and specifically the Human Rights Officer, Mrs Eleanor Solo.

“During that time, I was accompanied by Dr Indriyanto Seno Adji and two members of the TVRI crew because a seriously ill individual would not be suitable to [be examined] at the trial. Regardless of accusations a person might be facing, no one should be subjected to inhumane or degrading conduct,” Kaligis said.

During Kaligis’s visit to Geneva, a human rights delegation visited the residence of Suharto, ensuring that the judge who tried Suharto, the late Chief Justice of South Jakarta State, Judge Lalu Mariun, stopped the examination after receiving a fatwa from the Supreme Court.

Because Lukas Enembe is incarcerated under the authority of a panel of judges — not the KPK — Profewsaor Kaligis said they were hopeful that the request would be granted.

According to Elius Enembe, the governor’s brother and spokesman for the governor’s family, the governor was in a critical condition.

Nothing good will come from returning him to KPK’s prison cells. This is bad news for us and given the governor requires full support in terms of care needs, KPK should be held responsible should something grave occur while under their council. The Papuan people and the world are watching. There is nothing more torturous than this.

On Wednesday, 26 July 2023, the governor had his birthday, turning 56.

What should have been a happy celebration with family and the people of his homeland was abandoned for a hospital bed.

The trial is due to resume next week.

Yamin Kogoya is a West Papuan academic who has a Master of Applied Anthropology and Participatory Development from the Australian National University and who contributes to Asia Pacific Report. From the Lani tribe in the Papuan Highlands, he is currently living in Brisbane, Queensland, Australia.

Article by AsiaPacificReport.nz

“My Fiji
I offer a vision which sees this beloved land of ours united in its diversity, forged out of its adversity, and built on trust. I offer you a vision of Fiji which historians will say that, in the midst of tragedy, we found courage and wisdom, and foresight and determination to lead the nation away from the precipice into a prosperous future. I can only hope that my vision for this most wonderful of nations will fulfil its promise. I can only pray that we who have the moment at hand will find the courage, the strength and the determination to let the past be the past and build a nation that will stand not just to 20/20, but down through the centuries.”
— Jai Ram Reddy, 1993

This moment asks a lot of me and all of us. I write these words with a heavy heart but also a sense of great pride and privilege which is only afforded to me because I happen to be the daughter of the lawyer, judge, and Indo-Fijian statesman, Jai Ram Reddy, who died in Auckland last night aged 85.

Historians, political commentators, and analysts will define their narratives about my father. I am a daughter who simply seeks to celebrate and mark his life and legacy with a personal perspective about him, his legal and political career.

I am conscious that many of those who will read this piece are, like me, the descendants of indentured labourers “Girmitiyas”, who were brought from India to Fiji during colonial rule.

Like many of their generation, my grandparents, Pethi and Yenkatamma Reddy were farming folk who wanted a better future for their children. They worked the field and saved with a view to sending their eldest son, Jai Ram, to study law in New Zealand.

Their dreams were realised, and my father was admitted as a barrister and solicitor in 1960.

Further to his admission to the New Zealand bar, Dad returned to Fiji and enjoyed a long and illustrious career as a lawyer. He was the Minister of Justice and Attorney-General of Fiji (during the short-lived Bavadra Labour government of 1987) and President of Fiji’s Court of Appeal in the early 2000s.

I never did have the opportunity to observe my father in the courtroom, but I have heard and read much about his formidable advocacy skills and forensic legal mind. His areas of practice were broad, but he was particularly invested in criminal law and practice.

Unwavering commitment
I understand he could be a pit-bull in the courtroom and had an unwavering commitment to his clients.

In 2003, the United Nations General Assembly elected Dad as a member of the International Criminal Tribunal for Rwanda (ICTR). He was based in Arusha, Tanzania, and my son and I visited him in 2007.

He was sitting on a bench comprised of two other international jurists, one of whom was the President of the Tribunal, Judge Eric Mose. The four defendants were military men accused of genocide against the Tutsi population in Rwanda during the early 1990s.

On the day we attended his court room, I distinctly recall Dad challenging one of the Canadian advocates on a technical point to which the advocate responded, “Judge Reddy always asks the difficult questions”. He was considered one of the finest judges there.

As a lawyer, I found the proceedings fascinating and as a daughter, I felt very proud.

Of course, none of us are defined solely by our professional life or public profile and it would feel incomplete not to mention some of my father’s other interests. He loved the odd gamble on the horses and as a young child, I recall being dragged to the Ellerslie races on more than a few occasions.

Dad also loved literature, philosophy, and comedy. Those who knew him intimately will recall his reverence for the prose of William Shakespeare and his uncanny ability to recite Shakespearean sonnets and soliloquies — even when his Alzheimer’s was quite advanced.

Interest in philosophy
As a young, idealistic student, he developed an interest in philosophy and his outlook and perspectives were shaped by both Eastern and Western writers and intellectuals. Possessing a dry, acerbic wit, he enjoyed satire and comedy — particularly the British variety — and was an ardent fan of all things involving Monty Python and other comics of that tradition.

He also liked old Hindi songs but loved ghazals the most. He wasn’t the greatest singer but after a couple glasses of red wine, he would sing along to those old melodies with much gusto at dinner parties. It made him happy.

Like all of us, my father’s life was punctuated by both highs and deep sadness. My dear brother Sanjai’s untimely death was devastating for Dad, as it was for all of us. Despite his own grief, he remained a devoted and supportive father and grandfather to his three surviving children and five grandchildren whilse continuing a demanding role as a jurist at the ICTR.

It cannot have been easy in the circumstances. Dad undoubtedly had an intellectual disposition and for much of his life, his interests and preoccupations were principally cerebral in nature. However, with age, he became less preoccupied with such matters and his renowned social reticence, and “short fuse” receded and was replaced by a person who was more relaxed, emotionally accessible and at ease with communicating on a more personal level.

I will treasure the memory of some of conversations we shared in his later years.

As to his political life, Dad was initially a senator in the early 1970s before his election as Leader of the Opposition in 1977. Politically he was a social democrat with liberal instincts. Throughout his long political career, he argued for equity, social justice, and racial equality.

Vehemently opposed to the death penalty on the grounds it offends the inalienable right to life, he, among others, advocated for its abolition in Fiji. He also supported the legitimatisation of same-sex unions and led the parliamentary debate against French nuclear testing in the Pacific.

Committed to multi-culturalism
I suspect; however, my father will ultimately be remembered for his commitment to the values of multi-culturalism and pluralism.

When reflecting on his political legacy, I am cognisant of how urgent and prescient my father’s brand of politics might feel given the rise and global reach of ethnic nationalism and identity politics. Dad firmly believed that leadership in the Fijian context required moral courage, an empathy for “the other” and an acute appreciation of how history and context shaped the political and social fabric of the country.

It is through him; I developed an understanding of the importance of adopting a pluralist approach and working across the political aisle for the greater good of all communities in Fiji.

Similarly, I developed an appreciation of how the colonial legacy of divide and rule cultivated and fostered the deep racial divide, mistrust and communalism which have featured so tragically in Fiji’s political landscape. An appreciation of context is obviously so important, but Dad’s message was that we all share a collective responsibility to reflect, critique and overcome the historical legacies, structures and values which impede the art of empathy and compromise.

Following the military coup of 1987, my father had the singular honour of being the first Indo-Fijian to be invited to speak to the Great Council of Chiefs. It was a seminal moment as Fiji was on the precipice of ratifying a progressive new constitution. In that speech, he talked about the respective fears and interests of both the indigenous Fijian and Indo-Fijian communities.

He also spoke of the importance of power-sharing in the context of a politically and socially fractured Fiji following the military coups in 1987. I quote Dad’s final words from that speech:

“In one of his nation’s darkest hours, that courageous and visionary leader, Franklin Roosevelt, said, and I quote: ‘to some generations much is given; of other generations much is asked. This generation has a rendezvous with destiny.’

“Much was asked of Ratu Cakobau’s generation of Chiefs. Much is asked of this generation of Chiefs. Much is asked of us all.

“Let us therefore gather our courage and set ourselves united to the finishing of the noble task to which our history, our heritage and our motherland now call us. This generation must keep its rendezvous with destiny. And to future generations, much will be given.”

Defining moment squandered
From the perspective of many, that defining moment was squandered and the tragic events which have taken place in Fiji over the past two decades speak volumes. I know how profoundly disappointed my father was that his vision of an inclusive society was mercilessly rebuked by what he described as “narrow-minded partisanship”.

Of course, another military coup then took place, and the rest is history. Notwithstanding those events, may the arc of history bend towards that rendezvous he spoke of on that hopeful occasion.

May his dream of a fully democratised Fiji be realised and let it be a Fiji with fair and accessible rights to political representation, education, and economic parity for all its people.

On this saddest of occasions, it feels fitting to conclude with a quote from that great, visionary civil rights leader Dr Martin Luther King Jr:

“There comes a time when one must take a position that is neither safe, nor politic, nor popular, but he must take it because conscience tells him it is right”.

Rest in Peace my dear father.
Om Shanti
Gole ena vakacegu

Helen Nalina Reddy
London

Article by AsiaPacificReport.nz