The Jayapura High Court has found West Papuan human rights and social justice activist Victor Yeimo guilty of treason and sentenced him to one year in prison in an appeal judgement this week.

The verdict was delivered during a public session held by the panel of judges headed by Paluko Hutagalung, with Adrianus Agung Putrantono and Sigit Pangudianto, serving as member judges.

The charges against Yeimo, the international spokesperson of the West Papua National Committee, stem from his alleged involvement in the Papuan anti-racism protest condemning racial slurs targeting Papuan students at the Kamasan III Student Dormitory in Surabaya on August 16, 2019.

Yeimo was accused of leading the demonstrations that occurred in Jayapura City on August 19 and 29, 2019.

The Jayapura High Court imposed a harsher criminal sentence than the previous verdict on May 5, 2023.

In the previous ruling, the court found Victor Yeimo guilty of violating Article 155 paragraph (1) of the Criminal Code, which pertains to the public display of writings or images containing expressions of hostility, hatred, or contempt towards the Indonesian government.

Yeimo was then sentenced to 8 months’ imprisonment.

Stirred controversy
The earlier verdict stirred controversy because the charge of Article 155 paragraph (1) of the Criminal Code was not initially brought against Victor Yeimo. Also, the legal article used to sentence him had already been invalidated by the Constitutional Court.

On May 12, 2023, both the public prosecutor and the Coalition of Law Enforcement and Human Rights for Papua, representing Yeimo as his legal counsel, appealed against the court ruling.

In the appeal decision, the Jayapura High Court overturned the previous decision, found Yeimo guilty of treason, and upheld the initial one-year prison sentence requested by the public prosecutor.

The panel of judges at the Jayapura High Court stated that the time Yeimo had already spent in arrest and detention would be fully deducted from the imposed sentence and ordered him to remain in detention.

Republished with permission.

Article by AsiaPacificReport.nz

The trial of three Papuan “free speech” students accused of treason has resumed at the Jayapura District Court this week.

The defendants — Yoseph Ernesto Matuan, Devio Tekege, and Ambrosius Fransiskus Elopere — have been charged with treason for organising a free speech rally where they were accused of raising the banned Morning Star flags of West Papuan independence at the Jayapura University of Science and Technology (USTJ) on November 10, 2022.

During the hearing on Thursday, linguist Dr Robert Masreng testified as an expert witness presented by the public prosecutor.

He said the Morning Star flags displayed in the event were “merely an expression”.

The students organised a protest to voice opposition against the Papua dialogue plan initiated by the National Commission on Human Rights (Komnas HAM).

However, the event was broken up by police and several participants were arrested.

Dr Masreng, a faculty member at Cenderawasih University’s Faculty of Teacher Training and Education, clarified the definitions of treason, independence, Morning Star, conspiracy, and the meanings of writings displayed during the free speech rally.

Treason ‘definitions’
He said that according to the Indonesian Thesaurus dictionary, “treason” referred to engaging in deceitful actions or manipulating others to achieve personal objectives.

It could also denote rebellion, expressing a desire to prevent something from happening.

Additionally, Dr Masreng noted that treason could signify an intention to commit murder.

In court, Dr Masreng explained that treason involved deceptive actions, rebellion, and an intention to commit murder.

He emphasised that the Morning Star flag was a symbol that gained meaning when it was used for a specific purpose. Without a clear intention behind its use, the flag lost its importance.

Dr Masreng said that the Morning Star flag was often used as a symbol to express ideas.

He said that the meaning of the flag could be understood based on how it was used in different situations, and different people might interpret it in their own unique ways.

‘Independence’ clarified
Dr Masreng clarified the term “independence” by explaining that it represented a perspective of freedom that had a wide-ranging and abstract significance when it was used.

The understanding of the word relied on the specific situation and how different people perceived it, especially in relation to the core concept of freedom.

Dr Masreng said this meant that when someone expressed themself, it implied being free from criticism and oppression.

He also provided an interpretation of the chant “referendum yes, dialogue no.”

He said the chant conveyed a decision to the general public without involving Parliament.

Rejecting dialogue was an expression of the speaker’s unwillingness to engage in a dialogue.

Regarding the statement requesting intervention of the United Nations Human Rights Council in Papua, Dr Masreng said this signified that the problems in Papua were not limited to domestic concerns, but were matters that should be acknowledged by the international community.

“It means an expression of asking the government to be open to the international community, allowing them to enter Papua and observe the dire human rights situations in the region,” he said.

Republished from Jubi with permission.

Article by AsiaPacificReport.nz

A West Papuan leader, defending himself against treason charges, has denounced “systemic racism” by Indonesian authorities in the Melanesian region in a court hearing.

Viktor Yeimo, the international spokesperson of the West Papua National Committee (KNPB), presented his defence statement — pledoi — in a hearing at the Jayapura Class 1A District Court in Papua Province last Thursday.

He claimed that the treason charge against him was discriminatory and had political undertones.

Yeimo also argued that the trial conducted at the Jayapura District Court had failed to provide evidence of any wrongdoing or violation of the law — let alone treason — on his part.

The accusation of treason against Yeimo was linked to his alleged involvement in the anti-racism protests in Jayapura City on August 19 and 29, 2019.

These protests were made to condemn derogatory remarks made towards Papuan students at the Kamasan III Student Dormitory in Surabaya on August 16, 2019.

On August 12, 2021, the Jayapura District Court registered the alleged treason case under the case number 376/Pid.Sus/2021/PN Jap. The trial was presided over by chief judge Mathius and member judges Andi Asmuruf and Linn Carol Hamadi.

Witnesses ‘proved innocence’
When reading his defence statement, Yeimo said that all witnesses presented by the prosecutor had actually proven the fact that he did not plan or coordinate the demonstrations against Papuan racism that took place in Jayapura City.

Video of Viktor Yeimo’s defence presentation.  Video: Jubi TV

“At the August 19, 2019 action, I participated as a participant in the action against racism, and took part in securing the peaceful action at the request of students until it was over,” Yeimo said.

During the hearing, Yeimo argued that the witnesses produced by the prosecutor had actually corroborated his innocence. Their testimony had shown that he did not organise the protests in question.

Yeimo maintained that he had simply participated in the protests as a supporter of the cause and had helped ensure their peaceful conduct.

“During the protest on August 19, 2019, I merely acted as a participant and helped maintain a peaceful demonstration until it ended,” Yeimo said in his defence.

Yeimo highlighted the testimony of Feri Kombo, the former head of the Cenderawasih University Student executive board in 2019, who affirmed that Yeimo was not involved in the planning or coordination of the anti-racism protests.

Kombo was summoned as a witness on February 7, 2023, and testified that Yeimo had only given a speech at the event when requested by the protesters, and that the speech was intended to maintain order among them.

Delivered speeches
“I delivered speeches expressing my disappointment with the acts of racism in Surabaya. This aspiration is protected by the country’s laws as a constitutional right,” Yeimo said.

“As stated by the state administration expert witness and the philosophy expert witness, this right has a scientific basis.”

In addition, Yeimo stressed that he had never been involved in participating, let alone planning, in the protest that occurred on August 29, 2019, which was confirmed by all the witnesses presented in the trial.

Yeimo admitted that he had taken photos and videos in front of the Papuan People’s Assembly (MRP) office and the Governor’s Office, but did not join the protest.

Yeimo clarified that he captured photos and videos to share with journalists and the public outside of Papua since the internet network was cut off by the central government at the time.

He added that President Joko Widodo had been found guilty of unlawful acts by a judge in the State Administrative Court in relation to the internet blackout.

Response to racism
Yeimo said that the anti-racism demonstration was a spontaneous action taken by both Papuan and non-Papuan people in response to the racial insults that had been directed at Papuan students in Surabaya.

“The 2019 anti-racism protest that spread throughout Papua was a spontaneous response by Papuans and non-Papuan sympathizers from various backgrounds including private sector workers, students, farmers, military and police, and others.

“Everyone was reacting to the racist remarks in Surabaya. The demonstration in Jayapura was organised by students and the Cipayung group, and there was no planning, conspiracy, or treason as alleged.

“My speech was to represent the Papuan people who felt outraged by the racist insults. I deny all accusations that link me to my organizational background and other activities that have no direct connection to the facts of the anti-racism protest,” Yeimo said.

Yeimo stated that during the protest on August 19, 2019, he spoke about the issue of racism and discrimination in Indonesia. He emphasised that these problems were not merely personal issues but rather systematic problems that were perpetuated for the benefit of the ruling economic powers.

“It is evident that racist views have led to Papuans being treated differently in all aspects of their lives. The negative stigma attached to Papuans is what led the mass organisation and state apparatus to attack the Papuan Student Dormitory in Surabaya.”

In his statement, Yeimo’s arguments revolved around the issue of racial discrimination that Papuans have faced and how it is seen as a normal occurrence that the State tolerates.

Papuans standing up to injustices
He highlighted that when Papuans stood up against these injustices, they were met with accusations of provocation and charged with treason.

“This trial case proves it. Racism really exists in all these accusations and charges. Could the State explain why the Papuan race is a minority, with only 2.9 million people remaining, while in Papua New Guinea there are already 17 million Papuans?” Yeimo asked.

In his pledoi, Yeimo not only defended himself against the treason allegations but also criticised Indonesia’s lack of development in Papua.

He raised questions about why the poverty rate in Papua remained the highest among all provinces in Indonesia and why the Human Development Index in the region had consistently been the lowest.

Yeimo pointed out the contrasting approaches taken by the Indonesian government in resolving the conflict in Aceh and in Papua.

Differences with Aceh
While the Aceh conflict was resolved through peace talks, Papua’s aspirations for independence have been met with violence and imprisonment.

Yeimo questioned why the government treats the two regions so differently.

Yeimo said that although Indonesia had enacted several laws to address issues of discrimination, freedom of expression, and special autonomy for Papua, these laws do not seem to be enforced in Papua, and their implementation did not benefit the indigenous Papuans.

“Isn’t that a structured crime against us Papuans? Can the government answer these questions? Or do the answers have to come from the muzzle of a gun?” asked Yeimo.

“Why is the government avoiding solutions recommended by state institutions such as the Indonesian Institute of Sciences, the National Research and Innovation Agency, and others who present the studies on Papua problems?”

Linguist witness competence in Yeimo’s trial questioned
During the hearing, Viktor Yeimo’s legal team, represented by the Papua Law Enforcement and Human Rights Coalition, presented a defence read by advocate Emanuel Gobay.

Gobay argued that the prosecutor’s conclusion that Yeimo had committed treason relied solely on the testimony of a linguist witness who lacked the necessary expertise to prove the elements of the crime of treason as outlined in Article 106 jo Article 55 paragraph (1) to 1 of the Criminal Code, which Yeimo had been charged with.

“As a matter of fact, during the trial, the prosecutor never presented a criminal expert witness. Instead, the prosecutor relied on a linguist and then concluded that Viktor Yeimo was guilty of treason,” said Gobay.

According to Gobay, Yeimo’s legal team had presented multiple expert witnesses who explained the components of the treason offence, which included the elements of intent, territorial separation, and participation.

“All elements mentioned in Article 106 are not proven based on the testimony of both the prosecutor’s witnesses and the expert witnesses we presented,” Gobay said.

Gobay expressed the hope that the judges would review all the facts presented in Yeimo’s trial.

He asked the judges to re-examine the data provided by legal philosophy expert Tristam Pascal Moeliono, human rights expert Herlambang P Wiratraman, conflict resolution expert in Papua Cahyo Pamungkas, and criminal law expert Amira Paripurna.

Ultimately, Gobay made a plea to the judges to exonerate Viktor Yeimo, stating there was no proof of the alleged offences.

He requested restoration of Yeimo’s reputation and the State to bear the trial costs.

Republished from Jubi with permission.

Article by AsiaPacificReport.nz

Yeimo was sentenced on Friday to eight months in prison for his involvement in an anti-racism protest in Papua in August 2019.

In a statement, Amnesty International is calling for the immediate and unconditional release of Yeimo and all Papuans imprisoned for peacefully expressing their political opinions.

Amnesty Indonesia executive director Usman Hamid said the arbitrary arrest and detention of Victor Yeimo and many other Papuans was discriminatory and constituted a failure of the Indonesian state to uphold and protect the democractic and human rights of its citizens.

“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,” he said.

Hamid said data collected between 2019 and 2022 indicates an alarming escalation in efforts to silence and intimidate Papuan activists in Indonesia with at least 78 people facing criminal charges and prosecution for allegedly violating treason articles under the Penal Code.

Carolyn Nash, Asia advocacy director at Amnesty USA, said human rights were under attack in the autonomous region.

‘Escalating efforts to silence Papuans’
“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,” she said.

“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.”

Previously, West Papua Action Aotearoa spokesperson Catherine Delahunty said Yeimo’s only crime had been to stand up against the abuse of West Papuan students in Indonesia.

In March, a West Papuan advocacy group claimed 20 Papuans who were fundraising for the victims of tropical cyclones in Vanuatu were arrested by Indonesian police in the provincial capital Jayapura.

This article is republished under a community partnership agreement with RNZ.

Article by AsiaPacificReport.nz

A West Papuan leader, defending himself against treason charges, has denounced “systemic racism” by Indonesian authorities in the Melanesian region in a court hearing.

Viktor Yeimo, the international spokesperson of the West Papua National Committee (KNPB), presented his defence statement — pledoi — in a hearing at the Jayapura Class 1A District Court in Papua Province last Thursday.

He claimed that the treason charge against him was discriminatory and had political undertones.

Yeimo also argued that the trial conducted at the Jayapura District Court had failed to provide evidence of any wrongdoing or violation of the law — let alone treason — on his part.

The accusation of treason against Yeimo was linked to his alleged involvement in the anti-racism protests in Jayapura City on August 19 and 29, 2019.

These protests were made to condemn derogatory remarks made towards Papuan students at the Kamasan III Student Dormitory in Surabaya on August 16, 2019.

On August 12, 2021, the Jayapura District Court registered the alleged treason case under the case number 376/Pid.Sus/2021/PN Jap. The trial was presided over by chief judge Mathius and member judges Andi Asmuruf and Linn Carol Hamadi.

Witnesses ‘proved innocence’
When reading his defence statement, Yeimo said that all witnesses presented by the prosecutor had actually proven the fact that he did not plan or coordinate the demonstrations against Papuan racism that took place in Jayapura City.

Video of Viktor Yeimo’s defence presentation.  Video: Jubi TV

“At the August 19, 2019 action, I participated as a participant in the action against racism, and took part in securing the peaceful action at the request of students until it was over,” Yeimo said.

During the hearing, Yeimo argued that the witnesses produced by the prosecutor had actually corroborated his innocence. Their testimony had shown that he did not organise the protests in question.

Yeimo maintained that he had simply participated in the protests as a supporter of the cause and had helped ensure their peaceful conduct.

“During the protest on August 19, 2019, I merely acted as a participant and helped maintain a peaceful demonstration until it ended,” Yeimo said in his defence.

Yeimo highlighted the testimony of Feri Kombo, the former head of the Cenderawasih University Student executive board in 2019, who affirmed that Yeimo was not involved in the planning or coordination of the anti-racism protests.

Kombo was summoned as a witness on February 7, 2023, and testified that Yeimo had only given a speech at the event when requested by the protesters, and that the speech was intended to maintain order among them.

Delivered speeches
“I delivered speeches expressing my disappointment with the acts of racism in Surabaya. This aspiration is protected by the country’s laws as a constitutional right,” Yeimo said.

“As stated by the state administration expert witness and the philosophy expert witness, this right has a scientific basis.”

In addition, Yeimo stressed that he had never been involved in participating, let alone planning, in the protest that occurred on August 29, 2019, which was confirmed by all the witnesses presented in the trial.

Yeimo admitted that he had taken photos and videos in front of the Papuan People’s Assembly (MRP) office and the Governor’s Office, but did not join the protest.

Yeimo clarified that he captured photos and videos to share with journalists and the public outside of Papua since the internet network was cut off by the central government at the time.

He added that President Joko Widodo had been found guilty of unlawful acts by a judge in the State Administrative Court in relation to the internet blackout.

Response to racism
Yeimo said that the anti-racism demonstration was a spontaneous action taken by both Papuan and non-Papuan people in response to the racial insults that had been directed at Papuan students in Surabaya.

“The 2019 anti-racism protest that spread throughout Papua was a spontaneous response by Papuans and non-Papuan sympathizers from various backgrounds including private sector workers, students, farmers, military and police, and others.

“Everyone was reacting to the racist remarks in Surabaya. The demonstration in Jayapura was organised by students and the Cipayung group, and there was no planning, conspiracy, or treason as alleged.

“My speech was to represent the Papuan people who felt outraged by the racist insults. I deny all accusations that link me to my organizational background and other activities that have no direct connection to the facts of the anti-racism protest,” Yeimo said.

Yeimo stated that during the protest on August 19, 2019, he spoke about the issue of racism and discrimination in Indonesia. He emphasised that these problems were not merely personal issues but rather systematic problems that were perpetuated for the benefit of the ruling economic powers.

“It is evident that racist views have led to Papuans being treated differently in all aspects of their lives. The negative stigma attached to Papuans is what led the mass organisation and state apparatus to attack the Papuan Student Dormitory in Surabaya.”

In his statement, Yeimo’s arguments revolved around the issue of racial discrimination that Papuans have faced and how it is seen as a normal occurrence that the State tolerates.

Papuans standing up to injustices
He highlighted that when Papuans stood up against these injustices, they were met with accusations of provocation and charged with treason.

“This trial case proves it. Racism really exists in all these accusations and charges. Could the State explain why the Papuan race is a minority, with only 2.9 million people remaining, while in Papua New Guinea there are already 17 million Papuans?” Yeimo asked.

In his pledoi, Yeimo not only defended himself against the treason allegations but also criticised Indonesia’s lack of development in Papua.

He raised questions about why the poverty rate in Papua remained the highest among all provinces in Indonesia and why the Human Development Index in the region had consistently been the lowest.

Yeimo pointed out the contrasting approaches taken by the Indonesian government in resolving the conflict in Aceh and in Papua.

Differences with Aceh
While the Aceh conflict was resolved through peace talks, Papua’s aspirations for independence have been met with violence and imprisonment.

Yeimo questioned why the government treats the two regions so differently.

Yeimo said that although Indonesia had enacted several laws to address issues of discrimination, freedom of expression, and special autonomy for Papua, these laws do not seem to be enforced in Papua, and their implementation did not benefit the indigenous Papuans.

“Isn’t that a structured crime against us Papuans? Can the government answer these questions? Or do the answers have to come from the muzzle of a gun?” asked Yeimo.

“Why is the government avoiding solutions recommended by state institutions such as the Indonesian Institute of Sciences, the National Research and Innovation Agency, and others who present the studies on Papua problems?”

Linguist witness competence in Yeimo’s trial questioned
During the hearing, Viktor Yeimo’s legal team, represented by the Papua Law Enforcement and Human Rights Coalition, presented a defence read by advocate Emanuel Gobay.

Gobay argued that the prosecutor’s conclusion that Yeimo had committed treason relied solely on the testimony of a linguist witness who lacked the necessary expertise to prove the elements of the crime of treason as outlined in Article 106 jo Article 55 paragraph (1) to 1 of the Criminal Code, which Yeimo had been charged with.

“As a matter of fact, during the trial, the prosecutor never presented a criminal expert witness. Instead, the prosecutor relied on a linguist and then concluded that Viktor Yeimo was guilty of treason,” said Gobay.

According to Gobay, Yeimo’s legal team had presented multiple expert witnesses who explained the components of the treason offence, which included the elements of intent, territorial separation, and participation.

“All elements mentioned in Article 106 are not proven based on the testimony of both the prosecutor’s witnesses and the expert witnesses we presented,” Gobay said.

Gobay expressed the hope that the judges would review all the facts presented in Yeimo’s trial.

He asked the judges to re-examine the data provided by legal philosophy expert Tristam Pascal Moeliono, human rights expert Herlambang P Wiratraman, conflict resolution expert in Papua Cahyo Pamungkas, and criminal law expert Amira Paripurna.

Ultimately, Gobay made a plea to the judges to exonerate Viktor Yeimo, stating there was no proof of the alleged offences.

He requested restoration of Yeimo’s reputation and the State to bear the trial costs.

Republished from Jubi with permission.

Article by AsiaPacificReport.nz

Seven West Papuan makar — “treason” — convicts who were found guilty of raising the Morning Star flag were released on September 27 this year after completing their prison term of 10 months.

Until today, Papua activist and treason convict Melvin Yobe still does not know the result of his medical check-up at Dian Harapan Hospital earlier this year on February 16.

Maksimus Simon Petrus You also doesn’t know what punishment was given to the prison guard who brutally beat him.

Even more disturbing, however, is the fate of Zode Hilapok. He was unable to stand trial as his health continued to deteriorate due to tuberculosis. Zode Hilapok died while undergoing treatment at Yowari Regional General Hospital in Jayapura Regency on October 22.

Since detaining Zode Hilapok on December 2, 2021, law enforcement officials at all levels failed to provide adequate health services for his recovery and he was never put on trial.

Violating human rights
A law faculty lecturer at Cenderawasih University, Melkias Hetharia, says treason charges against Papuan activists violated human rights — namely the right to freedom of speech and expression. He argues the treason law enforced against Melvin Yobe and his seven friends was enacted by the Dutch colonial government to punish coups and revolutions and was based on the experience of the Russian revolution.

Hetharia told Jubi that the enforcement of the Dutch East Indies’ Criminal Code did not consider the social, cultural and philosophical aspects of the Indonesian nation.

“The formation of treason articles in the Criminal Code did not consider aspects of human rights, therefore it is oppressive and injures a sense of justice,” Hetharia said.

He said the term “treason” as regulated in articles 104, 106, 107, 108 and 110 of the Criminal Code had been interpreted very broadly and was not in line with the meaning of aanslag as intended in Dutch, which means “attack”. An attack in that sense was using full force in an attempt to seize power.

“If the term treason in the articles is interpreted not as aanslag or attack, then the articles on treason are indeed contrary to human rights guaranteed and protected in the 1945 Constitution of the Republic of Indonesia,” he said.

In fact, Melvin Yobe, Zode Hilapok, and their six friends are not the only Papuan activists who peacefully protested but have been charged with treason.

From 2013 to 2022, at least 44 Papuan activists have been charged with treason. Among them — from Jayapura District Court data — from 2013 to 2022 there were 31 people, while in Balikpapan District Court in 2020 seven people and in the Central Jakarta Court in 2019 six people.

Treason ‘structural criminalisation’
Emanuel Gobay, director of the Papua Legal Aid Institute (LBH Papua), who is also the legal counsel for Melvin Yobe and his friends, believes the treason charges against Papuan activists are part of a systematic and structural criminalisation.

“The majority of those accused of treason are human rights activists and political activists,” Gobay told Jubi.

Gobay said the Morning Star flag was a cultural symbol of the Papuan people. According to Gobay, these cultural symbols are guaranteed under Papua Special Autonomy Law No, 21/2001.

Gobay said the raising of the Morning Star by Melvin Yobe and other Papuan activists was part of the demand for the government to resolve Papua’s political problems.

“They are asking the state to immediately implement the Special Autonomy Law,” said Gobay.

On that basis, Gobay considered the use of the treason article against Papuan activists as a form of criminalisation. He also emphasised that the raising of the Morning Star flag did not automatically make Papua independent from Indonesia, therefore the element of treason was not fulfilled.

Apart from the controversy on the use of treason legal articles for Papuan activists, the discriminative treatment received by prisoners of treason cases is also inappropriate, argues Gobay.

Prisoners treated badly
Gobay, who often provides legal assistance to Papuan activists suspected or charged with treason, said his clients were often treated badly.

Zode Hilapok’s health condition was the worst of all, said Gobay. During his detention in Abepura Prison, Hilapok’s health condition deteriorated and he lost weight rapidly.

Gobay said Abepura Prison was not suitable for detainees with a history of tuberculosis, such as Melvin Yobe and Zode Hilapok.

“After we surveyed and compared the condition of the prison with the guidelines on handling tuberculosis patients, the prison is not suitable for accommodating prisoners with tuberculosis,” he said.

Minister of Health Regulation No. 67/2016 on Tuberculosis Patient Treatment Guideline states that the treatment centre for tuberculosis patients must be open and have good air circulation and sunlight.

Gobay said the regulation also stipulated that local health offices and hospitals provide special units to treat tuberculosis patients.

“We hope that judges, prosecutors, and hospitals can implement the regulation,” he said.

This report is supported by Transparency International Indonesia (TII), The European Union and the Alliance of Independent Journalists (AJI) in the Anticorruption Residency programme “Reporting Legal Journalism”. It is the final article in a five-part series in Tabloid Jubi and is republished by Asia Pacific Report with permission.

Article by AsiaPacificReport.nz

One of eight West Papuan activists who raised the banned Morning Star flag of independence in a protest last December has died.

Zode Hilapok’s death was confirmed by a relative, Christianus Dogopia, who said that since being detained, Hilapok’s health had been deteriorating.

Dogopia said that on 12 December 2021 his relative began experiencing symptoms of illness, feeling fatigued and sleepy.

At that time, Hilapok lost weight dramatically.

“At that time he ate only rice, without side dishes, or with vegetables but in small portions. Otherwise, his stomach hurt or he would become nauseated. His bowel movements were bloody,” Dogopia said.

Hilapok and seven friends, all aged between 18 and 29, were arrested by police on December 1, 2021, when they marched in front of the Papua police headquarters carrying Morning Star flags and banners.

The flag is considered a symbol of the West Papua struggle for independence and has been strictly banned by the Indonesian authorities with jail sentences of up to 15 years for offenders.

The treason case against Zode Hilapok was never tried because he was ill.

He died at Yowari Hospital on October 22.

In August, the other seven were found guilty of treason and sentenced to 10 months in prison from the day they were detained.

They were released in September.

Hilapok’s death comes after a West Papuan leader, Buchtar Tabuni, was arrested by Indonesian police.

Article by AsiaPacificReport.nz

Seven people have been found guilty of “treason” after raising the banned Morning Star flag in West Papua, a Melanesian region of Indonesia.

In the Jayapura District Court this week, the seven were each jailed for 10 months and fined.

The flag is considered a symbol of the West Papua struggle for independence and has been strictly barred by the Indonesian authorities.

The group, one aged 19 and the others in their 20s, had raised the flag at the Cenderawasih Sports Centre, and although they were not carrying weapons they were convicted of treason.

The Jubi website reported the judge said raising the Morning Star flag and marching while shouting “Free Papua” and “We are not Red and White, we are the Morning Star“, amounted to treason.

And the act of unfurling banners with the words “Self Determination For West Papua, Stop West Papua Militarism” and “Indonesia Immediately Open Access for the UN Human Rights Commission Investigation Team to West Papua” was also considered treason.

‘Intention of separating’
The verdict read “the defendants already have the intention of separating Papua and West Papua from the territory of Indonesia. The defendants have committed the beginning of treason as stipulated in Article 87 of the Criminal Code”.

After the trial, the defendant’s lawyer Emanuel Gobay told Jubi “we firmly reject” the court’s verdict of treason.

During the trial Gobay said no expert witnesses had been presented to explain their perspectives on the charges.

According to Gobay, the conclusions drawn by the panel of judges seemed subjective because there was no information from expert witnesses.

“We question the basis on which the panel of judges concluded the treason. It is as if the panel of judges acted as experts, interpreting and concluding themselves without relying on expert testimony,” Gobay said.

This article is republished under a community partnership agreement with RNZ.

Article by AsiaPacificReport.nz

A national network of groups supporting freedom and justice for West Papua has called on Foreign Minister Nanaia Mahuta to condemn Indonesian charges of treason against accused West Papuan Victor Yeimo.

They have called for the release of Yeimo, who this week rejected charges against him in a court hearing in the Papuan provincial capital of Jayapura.

Spokesperson Catherine Delahunty, a former Green Party MP, described the charges against West Papua National Committee (KNPB) international spokesperson as “trumped up” and said Yeimo had suffered a “serious health crisis”.

“In addition to taking a strong position in support of Ukraine at this terrible moment we are asking Nanaia Mahuta to stand up for human rights in our neighbourhood,” she said in a statement.

“Last week Victor Yeimo was charged with treason for participating in an antiracism peaceful protest on August 19, 2019.

“He also spoke against the abuse of West Papuan students, which included hours of being harangued and called ‘monkeys’ before being beaten and arrested.

“That is his only ‘crime’, but for that he has been detained for ten months, suffered a serious health crisis and is now in court facing trumped up charges of treason,” Delahunty said.

Yeimo charged with makar
In Jayapura, the preliminary court hearing against Yeimo was held at the Jayapura District Court in Abepura, Papua, on last Monday, reports Suara Papua.

During the hearing, the public prosecutor read out the indictment in which he charged Yeimo under the makar (treason, subversion, rebellion) articles.

The defence believes that the charges are excessive because what happened in August 2019 was a response to the racism which was “rooted in the nature of the Indonesian population against Papuans”.

The prosecution said that during the protest actions which ended in riots on August 29, 2019, there was verbal as well as written involvement of the defendant along with his colleague the chairperson of the KNPB, Agus Kossay, in demonstrations which were facilitated by the chairpeople of the Student Executive Council (BEM) in Jayapura.

“They [the chairpersons of the West Papua National Parliament (PNWP), the Federal Republic of West Papua (NRFPB), the West Papua National Coalition for Liberation (WPNCL) and the Free West Papua Campaign (FWPC), together with the defendant], called for, and took part in committing the act of makar with the maximum [aim] of all or part of the country’s territory [separating from Indonesia],” said prosecutor Andrianus Y. Tomana in reading out the charge sheet in the courtroom.

According to the prosecutor, Yeimo was being indicted for crimes under Article 106 of the Criminal Code (KUHP) in conjunction with Article 55 Paragraph (1) on the crime of makar, Article 110 Paragraph 1 of the KUHP on criminal conspiracy to commit a crime, and Article 110 Paragraph 2 on endeavoring to mobilise people or call on people to commit a crime.

In reply, Yeimo admitted that he had been involved as a participant in the anti-racist demonstration on August 19, 2019. However, the protest happened without problems and after it finished the protesters returned home.

‘I was arrested because of racism’
“I was arrested only because of the racism case, indeed I was involved and it’s true there were speeches.

“But it was not just me that gave speeches, the DPRP [Papua Regional House of Representatives] spoke, the governor spoke, all of the Papuan people spoke at the time. So if I’m being tried, why aren’t they being tried?” he asked.

Yeimo explained that he attended along with other Papuan people in order to oppose and to fight against the racism and this opposition was conveyed peacefully at the Papua governor’s office.

Delahunty said the Yeimo case had attracted a strong response from UN Special Rapporteurs, but in letters to the West Papua Action Network the New Zealand government only said it was “concerned” and that its officials “raise the case”.

The European Union Commission has called for Indonesia to allow their high commissioners to visit West Papua, specifically naming the Victor Yeimo case as a human rights issue.

“Our Foreign Minister needs to support the growing international calls for justice for Victor,” Delahunty said.

“She needs to condemn this outrage and call for the treason charges to be dropped and Victor Yeimo to be immediately released.”

Article by AsiaPacificReport.nz

West Papuan human rights defender Victor Yeimo has been formally indicted on charges of “treason” by Indonesian authorities at the Jayapura District Court.

The authorities have been trying to get Yeimo, who is the leader of the pro-independence West Papua National Committee (KNPB) in court since May last year.

In the indictment he is accused of treason for pushing for West Papua’s independence.

The court hearing was on Monday and he is due to appear again on Friday.

Yeimo had been arrested by police in Jayapura in May last year after they had been seeking to arrest him for two years.

The arrest was because Yeimo called for a referendum on Papuan independence during anti-racism protests which ended in riots in Papua and West Papua provinces in 2019.

He had initially gone to court in August last year but he was very ill and his lawyers sought a postponement.

Yeimo’s international lawyer, Veronica Koman, said at that time that he was so ill he could die at anytime.

This article is republished under a community partnership agreement with RNZ.

Article by AsiaPacificReport.nz

Papuan activist Victor Yeimo has been receiving medical treatment in hospital following a police crackdown on a protest in the provincial capital Jayapura demanding that he be released from detention to be treated for illness.

Hundreds of protesters had gathered at the Papua chief public prosecutor’s office on Monday to demand that West Papua National Committee (KNPB) spokesperson Yeimo be released from detention to be given hospital treatment.

Yeimo’s detention was finally deferred on Monday afternoon and he was taken to Jayapura public hospital for treatment.

The protesters arrived from the direction of Abepura, Jayapura city. They arrived at the chief public prosecutor’s office and began giving speeches on the street leading into the office.

In speeches, the demonstrators demanded that chief public prosecutor Nikolaus Kondomo immediately defer Yeimo’s detention.

Yeimo is currently being tried at the Jayapura District Court in a criminal case related to anti-racist demonstrations in Papua in 2019.

On Friday, August 27, the panel of judges, presided over by Eddy Soeprayitno S Putra, with judges Mathius and Andi Asmuruf, ruled that Yeimo’s detention be deferred and that he receive medical treatment because he was ill.

Demand for treatment
The rally at the prosecutor’s office on Monday was because Yeimo had still not been released from detention. They demanded that the prosecutor release Yeimo immediately and allow him to be treated.

The police had already closed the main gate to the office and prohibited the protests from entering the grounds. About 1 pm police forcibly broke up the rally which was coordinated by the KNPB.

A number of protesters were injured, including Gad Holanue, Varra iyaba, Hengki Giban, Leti Soll, Egenius Tebay and Jufri Dogomo. Three protesters — Soleng Soll, Beni Orsa and Bayage — were arrested by police.

Papua Regional House of Representatives (DPRP) member John NR Gobai said he deplored the police actions. Gobai, along with DPRP member Laurenzus Kadepa, had been accepted by the court as guarantors for Yeimo to be released and treated in hospital.

“I was blocked by police, then I was pulled away by the demonstrators. I wasn’t able to get in and convey my wishes,” Gobai said.

A Regional Representatives Council (DPD) member from Papua, Herlina Murib, was also barred from entering the office.

“We hope that the police will not repeat this inhuman attitude which was shown by blocking us and removing people who wanted to convey their aspirations. This violates the law”, Murib said.

Second demonstration
The demonstration at the prosecutor’s office on Monday was the second one held by activists demanding that Yeimo be allowed to receive hospital treatment.

Protesters had also gathered at the prosecutor’s office on Saturday, August 28, because the prosecutor was seen as ignoring the court’s ruling that Yeimo receive treatment.

Because the prosecutor’s office was empty on Saturday, the protesters went to the prosecutor’s private residence where they again called on Kondomo to immediately postpone Yeimo’s detention.

However, Kondomo refused the request, saying Yeimo could only be released on Tuesday, August 31.

About 3.20pm on Monday, Yeimo was finally allowed to leave the Papua regional Mobile Brigade command headquarters detention centre and was taken to Jayapura public hospital. The ambulance transporting Yeimo was escorted by two police patrol cars and three black minivans.

Around 20 police officers escorted Yeimo to the hospital. Public prosecutors Adrianus Tomana and Valerianus Dedi Sawaki were also present at the hospital.

Advocate and lawyers
Yeimo was accompanied to the hospital by advocate Emanuel Gobay and a number of other lawyers, Laurenzus Kadepa and John NR Gobai along with Yeimo’s wife and mother.

Speaking to Tabloid JUBI at Jayapura hospital, Tomana said the medical examination was in accordance with the court’s ruling. Tomana stated that how long Yeimo’s detention will be deferred would depend on the examination and the doctor’s diagnosis.

“How long the deferment will be depends on the results of the doctor’s examination. If the doctor declares that he is well, then we will revoke the deferment, and Yeimo will be returned to his detention cell,” he said.

Translated by James Balowski for Indoleft News. The original title of the article was “Minta Victor Yeimo dikeluarkan dari tahanan, massa di Kejati Papua dibubarkan polisi”.

Article by AsiaPacificReport.nz

Former Papuan political prisoner Filep Karma has also joined activists and Victor Yeimo’s family along with Yeimo’s lawyer who protested at the private residence of the Papua chief public prosecutor in the Doc 5 area of Jayapura city at the weekend, reports Suara Papua.

Karma revealed that he was shocked at the attitude of the public prosecutor who was still “showing his racism” towards Yeimo during their visit on Saturday.

The panel of judges at the Jayapura District Court hearing last Thursday, August 26, ordered the prosecutor to facilitate the defendant, who is accused of “treason”, being given healthcare — an up examination and inpatient care at a hospital.

Just like before and despite being urged by several parties over the last two days following the court’s ruling, the chief public prosecutor has not demonstrated good faith, say critics.

When Yeimo was being examined by a medical team at the Jayapura pubic hospital on the evening of Friday, August 27, the prosecutor accompanied by security personnel put pressure on Yeimo not to be treated overnight.

He was then returned to the Papua regional police Mobile Brigade command headquarters detention centre where he has been detained since his arrest in May.

Yeimo’s lawyer, who is part of the Papua Law Enforcement and Human Rights Coalition (KPHHP), has already met all of the administrative requirements for Yeimo’s hospital treatment, including providing guarantors from the Papuan Regional House of Representatives (DPRP) — legislators John NR Gobai and Laurenzus Kadepa, as well as an advocate.

‘Long-winded lawsuits’
“Legal affairs in Indonesia are indeed like this, excessively long-winded,” he said.

“Indonesia does not regard life as important — procedures are more important than people’s lives.”

Karma said the prosecutor’s actions were “strange”, especially because ipso facto it was an an indigenous Papuan who had not heeded the order by the judges.

“Because the prosecutor is a Papuan, he’s afraid of being labeled as biased towards Papuan independence. So, he will try to show that he is more nationalist than the Javanese,” said Karma.

“Yet in the eyes of the Javanese, he’s ‘just a monkey’. I lived in Java for a long time, so I have felt this.”

Yeimo must be treated first because, according to Karma, a suspect and a defendant was guaranteed by law to receive treatment if they were ill.

“What we want this evening is for brother Victor Yeimo to be allowed to be treated in hospital. But this has not happened because of other considerations and they say they are following legal procedures,” he said.

‘Surrender to God’
Because of efforts to get Yeimo treated in hospital have not been carried out, Karma is calling on all Papuans to “surrender to God”.

“We will cool our passionate hearts, let us rise in hymn and prayer. Myself and all of us exist not just because of power, but rather because Jesus who lived before us, today and forever,” Karma said.

KPHHP litigation coordinator and Yeimo’s lawyer Emanuel Gobay believes that the Papua chief public prosecutor’s response to Gobai and Kadepa when he met with them at his private residence was different from the court’s ruling that his client receive inpatient treatment because his state of health had deteriorated while being detained at the Mobile Brigade detention centre.

“We have heard the chief public prosecutor’s response. If seen from the court’s ruling, there is difference in how it is seen,” he said.

“What the chief public prosecutor has conveyed proves that he does not respect the judges’ ruling at the Abepura Class IIA District Court.

“The public prosecutor has gone against the court’s order.”

Speaking in front of Yeimo’s family and activists gathered in front of the prosecutor’s home at 8am, Gobay said Yeimo’s lawyers would accompany him at the next hearing on Tuesday. His guarantors, Gobai and Kadepa would also attend the hearing.

Translated by James Balowski for IndoLeft News. Slightly abridged due to repetition. The original title of the article was “Filep Karma Heran Jaksa Masih Hambat Victor Yeimo Dirawat”.

Article by AsiaPacificReport.nz

West Papua National Committee (KNPB) diplomacy commission head Kobabe Wanimbo has appealed to the Papuan people to picket the private residence of the chief public prosecutor in the controversial treason trial of an activist who is seriously ill.

The appeal was made to support a demand that KNPB international spokesperson Victor Yeimo be transferred from the Mobile Brigade command headquarters (Mako Brimob) detention centre to a hospital because his health has further deteriorated.

Yeimo was arrested by security forces because of his alleged link to riots in Papua in 2019.

Since he has been detained, however, his state of health has become critical.

“[His illness] is because of a consequence of his lungs and a chronic [ailment]. Moreover, the doctor has advised that Victor Yeimo must be treated in hospital,” said Wanimbo in a media release received by Suara.com at the weekend.

Although his state of health has worsened, the prosecutor handling his case is said not to care.

Yeimo was forcibly taken back to the Papua regional police Mako Brimob detention centre after earlier being treated at the Jayapura public hospital in defiance of a court ruling.

Hospital treatment ruling
The court ruling on August 26 in Yeimo’s case instructed the prosecutor to postpone Yeimo’s detention and prosecution so that he could be treated at a public hospital in Jayapura.

Moreover, the chief public prosecutor was also ordered to place Yeimo in detention only after his health had improved.

KNPB members and other activists went to the chief public prosecutor’s private residence in the Doc 2 area of Jayapura city to demand that permission be immediately granted for Yeimo to receive medical treatment.

The KNPB also appealed to all Papuan people to gather at the prosecutor’s residence to support the demand.

“We will remain here making this demand of the prosecutor — immediately transfer Victor Yeimo to hospital to obtain treatment for him,” said Wanimbo.

Translated by James Balowski for Indoleft News. The original title of the article was “KNPB Datangi Rumah Kepala Kejati Papua, Tuntut Izinkan Victor Yeimo Dibawa ke RS”.

Article by AsiaPacificReport.nz

The panel of judges hearing the case against a West Papuan activist accused of treason have ordered the prosecution to prioritise the defendant’s health, reports Suara Papua.

At the second hearing on Thursday when the charges were supposed to be read out against West Papua National Committee (KNPB) international spokesperson Victor Yeimo, the judges ordered the prosecution to take him to a hospital for intensive treatment because of his deteriorating health.

The first and second court hearings this week were postponed because of Yeimo’s worrying state of health and because he was unable to attend the hearing.

On Friday, Yeimo was taken to the Jayapura public hospital in Dok II for an examination and treatment.

John NR Gobay and Laurenzus Kadepan — two members of the Papua Regional House of Representatives (DPRD) — have declared that they are ready to stand as guarantors for Yeimo while he is being treated.

Papua Legal Aid Foundation (LBH) director Emanuel Gobay has also declared that he is ready to become a guarantor.

This was conveyed to the panel of judges at the Jayapura District Court on Thursday who subsequently granted the request.

Pressure from prosecutor
When contacted by Suara Papua on Friday, Gustaf Kawer, one of the members of Yeimo’s team of defence lawyers, revealed that after Yeimo had been taken to hospital there was pressure from the prosecutor who said Yeimo was not allowed to receive inpatient care.

“It is correct that Victor was taken to hospital earlier. But on the matter of inpatient care this is still being debated with the prosecutor because he doesn’t want Victor Yeimo to be treated at the Doc II hospital,” he told Suara Papua.

According to Kawer, there was a debate between Yeimo’s lawyers and the prosecutor at the hospital.

Yeimo and his lawyers wanted him to be treated at the hospital while the prosecutor did not.

Kawer said that the administrative requirements could be completed and would be handed over on Monday.

“What we are asking and urging is that Victor Yeimo’s health [be prioritised]. His state of health is not good,” Kawer aid.

‘He must be treated in hospital’
“He must be treated in a hospital. We already have the guarantors. The administrative requirements can be handed over on Monday. What we want is for Victor to be treated. Victor’s health is most important.”

A video received by Suara Papua on Friday evening shows Yeimo at the Dok II Jayapura hospital emergency unit. Several photographs received also show Yeimo being examined by a team of medics at the hospital.

Meanwhile, another video received by Suara Papua shows Yeimo debating with the authorities and the prosecutor who are insisting that Yeimo not be treated at the hospital.

Translated by James Balowski of IndoLeft News. Abridged slightly due to repetition. The original title of the article was “Victor Yeimo Dipaksa untuk Tidak Dirawat di Rumah Sakit”.

Article by AsiaPacificReport.nz