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

A United Nations expert has urged Indonesia to provide proper medical care to a Papuan independence activist to “keep him from dying in prison”, after reports emerged that his health had deteriorated, reports The Jakarta Post.

Victor Yeimo, 39, the international spokesman for the West Papua National Committee, was arrested in Jayapura in May.

He has been charged with treason and inciting violence and social unrest in relation to the pro-independence protests that swept the region for several weeks in 2019. Yeimo has denied the charges.

His trial went ahead in August despite repeated requests from his lawyer for a delay on medical grounds.

“I’ve seen it before: States deny medical care to ailing, imprisoned human rights defenders, which results in serious illness or death,” said Mary Lawlor, UN Special Rapporteur on the situation of human rights defenders.

“Indonesia must take urgent steps to ensure the fate does not await Mr. Yeimo.”

Political trial adjourned
The human rights watchdog TAPOL reports that Yeimo’s political trial was adjourned by the District Court of Jayapura on 31 August 2021 until he was declared physically fit by the hospital.

On the same day, the court also dismissed his pretrial motion, challenging his arrest and detention for violating criminal procedural law, on the grounds that the main trial had begun.

Victor Yeimo was finally hospitalised on August 30 despite the court having issued an order to hospitalise him since the evening of August 27.

The prosecutors defied the court’s order, which caused uproar among the public.

Dozens of people protested in front of the prosecutors’ office and their residence on August 28.

Hundreds of people protested again at the prosecutors’ office on August 30 before the prosecutors finally honoured the court order and took Yeimo to hospital.

Victor Yeimo’s health has been a concern since the beginning of his detention in May 2021.

Health deteriorated
His health deteriorated as he was placed in isolation and did not receive proper food or any medication.

Yeimo’s lawyers repeatedly asked that he be treated but were denied the request by the authorities. He was afforded only perfunctory medical tests on August 10 and 20.

During his first and second hearings, he told the court that he had never been told the results of these tests and had never been given any medicines or prescriptions.

He pleaded for help to the judges.

The prosecutors, having withheld the medical results stating that Victor Yeimo must be hospitalised, finally shared the medical results dated August 20 with Victor Yeimo’s lawyers on August 26.

On the same day, the court issued an order for Victor Yeimo to be treated at the hospital from 9 am to 6 pm the following day.

The prosecutors only appeared to take him to the hospital at 4 pm. At the hospital, Victor Yeimo pleaded to stay, but was dragged out by armed police despite still being on a drip.

At 11 pm, the court issued an order for Yeimo to be hospitalised.

Crackdown on peaceful protests
Peaceful protests demanding Victor Yeimo be released in seven cities across Indonesia during the period of 15 to 30 August 2021 were subjected to excessive use of force resulting in the death of protestor Ferianus Asso in Yahukimo, 104 arrests, and 40 people who were known to have been injured.

Those arrested have all been released. Internet freedom watchdogs found that the internet in Jayapura was shut down for three hours at around the time of Victor Yeimo’s trial.

Following TAPOL’s submission a week after Victor Yeimo’s arrest, the United Nations  Special Rapporteurs questioned the Indonesian government on the matter on June 30. The document was made public on August 31.

“We regret the government of Indonesia’s response which has distorted the facts. UN Special Rapporteurs on Human Rights Defenders, the Right to Freedom of Assembly, the Right to Health, and Anti-Racism yesterday have issued a press release calling for Indonesia to provide Victor Yeimo with ‘the basic care he so desperately needs’, said TAPOL.

“The UN experts also concluded that his prison conditions may have amounted to torture or cruel, inhuman or degrading treatment.”

Given the gravity of the situation and the treason charges that Yeimo is facing, TAPOL said it would provide a summary of each of his trial sessions so that they could be properly and transparently monitored.

“We would encourage international organisations and interested experts to actively monitor his trial once it has been resumed,” TAPOL said.

Article by AsiaPacificReport.nz

The unfolding in French Polynesia of the latest judiciary entanglements of pro-independence leader Oscar Temaru versus the French administration is being closely followed by members of the Tahitian community in Tahiti and in Aotearoa New Zealand.

There are undeniable similarities between Temaru’s upcoming trial on November 4 in Nouméa after many deferrals, and the expedient trial of Te metua – Pouvana’a a O’opa, the leading figure of the Ma’ohi people, 60 years ago.

Pouvana’a was accused of plotting to burn down Tahiti’s capital Pape’ete, but trumped up charges were made against him because of his fight for an independent Ma’ohi nation.

Exiled for 23 years to France after a mockery of a judgment, he was allowed back in Tahiti in 1968 after being pardoned.

Temaru’s judgment has all the makings of a déjà-vu. History is kind enough to remind us about the many disagreements and annoyances caused by Temaru to the French administration spanning more than 50 years:

• Temaru was arrested and jailed for protesting against the nuclear tests in Moruroa
• France’s military intervention in the French Polynesia presidential elections won by Temaru in 2004 for fear of social unrest
• Temaru put French Polynesia back on the UN decolonisation list in 2013, denouncing France’s non-commitment to decolonisation – the politics of the “empty chair” (1)

A string of anti-French actions that have displeased the Paris establishment and, to some extent, the local autonomist government.

So, what has been the straw that broke the camel’s back and why is this new trial so different that the French judicial machine felt justified in seizing money from Temaru’s personal bank account?

Background to the Radio Tefana affair
In June 2020, French prosecutor Herve Leroy seized NZ$145,000 from Temaru’s personal bank account after the former territorial president and current mayor of Faa’a was convicted of exercising undue influence because the court ruled that community Radio Tefana benefited his own pro-independence political party.

According to many lawyers in Tahiti and in France (the CNB – National Council of the Bar), this action suggested that Temaru had already already been pre-judged of having “committed a crime” and the presumption of innocence was simply discarded by prosecutor Leroy.

This trial can only be understood as a retaliation against Temaru’s decision in 2018 to take France’s living presidents to the International Criminal Court for alleged crimes against humanity over the nuclear weapons tests between 1966 and 1996. This was clearly the last straw for the French political establishment.

Questions related to why the French judiciary could not perform its duty on Tahitian soil but prioritised first the High Council for the Judiciary in France before deciding to send the case to Kanaky New Caledonia remains enigmatic to say the least.

There is overwhelming support for Temaru from the local Tahitian population – from the religious, the social, the political even judicial corners.

As mayor of the most populated district in French Polynesia, he refuses to be intimidated and from our personal communication, he has vowed to take the fight to the highest authority nationally or internationally.

In Nouméa, “our brothers and sisters Kanak”, as he calls them, are ready to welcome us and they will be a tremendous support during the trial – both indigenous people are fighting for their independence from France.

According to a close family member, Temaru is holding on for a trial expected to last 3 days (November 4-7) and has carried out a hunger strike and fasting since his six month suspended sentence and a fine of NZ$66,000 for this affair in 2019 (2) – despite his age at 76.

His fast was also to teach the population a new way of fighting obesity and all the various diseases that it causes. He is not advocating violence and unrest, but he is fighting legally through the courts.

Temaru’s hopes about this trial
At a time when the media is being muzzled and reporters are being silenced worldwide, the voice of the pro-independence community Radio Tefana remains the only and last media platform calling for accountability from both the local Tahitian and French governments.

The hope for Temaru is for a not guilty verdict and for the court to allow the radio to perform its duty of providing public information, especially during this period of covid-19 that has heavily hit his airport town of Faa’a and the capital Pape’ete.

But Temaru questions French justice and will not back down even if it means requesting a meeting with New Zealand’s newly re-elected Prime Minister Jacinda Arden to assist a decolonisation programme that France has so far failed to discuss.

It is also at the back of Temaru’s mind that the decision to move the trial outside of Tahiti was designed and planned by the French judicial authorities to put yet another spanner in the works.

Financially, Temaru will need to meet the cost of an attorney to represent him; Temaru will not be physically able to be present at his own trial as New Caledonia is covid-19 free and has suspended all commercial flights until March 2021.

Popular sympathy might be less in New Caledonia with a bigger French proportion of the population (27 percent) than in French Polynesia (10 percent).

According to Temaru, France has not ceased “to put him on trial” and whatever the outcome this time, France will stick to the same agenda – and so will Temaru.

His fight for independence for the nuna’a Ma’ohi (Ma’ohi people) is a lifelong battle as he celebrates his birthday in Tahiti.

The last fighter of an era
The Tahitian pro-independence leader might be one of the last iconic figures of his generation who sits beside other political leaders, friends and sympathisers alive – or not – of the same era such as Jean-Marie Tjibaou (Kanaky New Caledonia), Walter Lini (Vanuatu), Henry Puna (Cook Islands).

Regardless of the verdict after the judgment, Temaru will be remembered as the force who will still stand up strong like Pouvana’a a O’opa against French neo-colonialism six decades ago.

Ena Manuireva is an Auckland University of Technology academic and PhD candidate who is from Mangareva, one of the French Polynesian islands most affected by the French nuclear tests for three decades until they ended in 1996. He wrote this article especially for the Pacific Media Centre’s Asia Pacific Report.

Notes:
1. France is never at its UN seat when the question of decolonising French Polynesia is on the agenda.
2. In 2019, the current territorial President Édouard Fritch was convicted and condemned for the same amount for arranging for the town administration of Pirae, where he was mayor, to pay for the water supply to the upmarket Erima neighbourhood, where longtime President Gaston Flosse lived.

Article by AsiaPacificReport.nz

By Islami Adisubrata in Wamena, West Papua

Indonesian Regional Police in West Papua have handed over the documents of the case of a Polish tourist, Jakup Fabian Skrzypski, who was arrested recently with three Papuans and accused of “treason”, to the Jayawijaya District Attorney.

Skrzypski reportedly entered Indonesia on a tourist visa but was arrested on suspicion of working as a journalist illegally and having contact with an “insurgency” group, report news agencies.

The file was handed over to the District Attorney on November 2 and he is expected to face trial in Wamena along with three co-accused.

READ MORE: Police declare papers on accused tourist ready for trial

“So, the four suspects were handed over, two arrested in Wamena, including Skrzypski, and others arrested in Yalimo,” said Lintong Simanjuntak, Adjunct Police Commissionaire who is also the Chief of Violence and Crime Division of the Directorate of Crime Investigation of Papua Regional Police.

Skrzypski and three other people departed from Jayapura to Wamena and were immediately transferred to Jayawijaya District Attorney Office for re-examination.

-Partners-

The four now are detained by the Jayawijaya District Attorney.

Two of the defendants were sent to the House of Correction Class B Wamena, while the other two have been placed in police custody in Jayawijaya police headquarters.

Foreign Ministry help
Adjunct Commissionaire Simanjuntak, who accompanied the four defendants from Jayapura to Wamena, said that although Papua police would investigate this case of alleged treason, the trial would be conducted in Wamena – the place where the incident occurred.

Simanjuntak said that during the investigation, the police were assisted by the Foreign Ministry and had communicated with the Polish Ambassador in Jakarta, ensuring that all procedures had been completed appropriately.

The Chief of State’s Defence and Public Security of the Papua District Attorney Adrianus Irham Tamana said that the trial would be conducted before 20 days of detention had lapsed.

“The trial before 20 days of detention will be handed over to the court. Currently, they are still under our custody,” said Tamana.

But the public prosecutor’s team objected putting the detainees in the police headquarters jail as it was already overcrowded and this could effect access to the basic rights of the detainees in that overcrowded prison, said the detainees legal adviser Latifah Anum Siregar.

“Does this transfer create a problem of over capacity? What about their access and rights? Can these be fulfilled or not?” she asked.

Cell overflowing
Siregar said that during the detention by Papua regional police, the holding cell had already been overflowing, with 50 people occupying space for 25.

Also, the detainees needed to share the toilet for bathing and washing dishes.

“Security must be compared with humanitarian purpose. Don’tt apply security as the reason to ignore humanity.

“My clients have to get access to lawyers, religious leaders and this shouldn’t be restricted,” Siregar said.

She also said Skrzypski had rejected all allegations against him.

Islami Adisubrata is a journalist with Tabloid Jubi and this article has been translated into English and is republished with permission under a content sharing arrangement.

Article by AsiaPacificReport.nz