POLICE ACCUSED OF USING OTHER PRISONERS FOR THE ILL-TREATMENT OF YASON NGELIA – West Papua No.1 News Portal
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POLICE ACCUSED OF USING OTHER PRISONERS FOR THE ILL-TREATMENT OF YASON NGELIA

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Raising money for treatment for Yazon Ngelia (Photo:Jubi/Mawel)

Raising money for treatment for Yazon Ngelia (Photo:Jubi/Mawel)

Jayapura, 15/11 — The Student Representation Council of the Politics and Civil Faculty at Cenderawasih University (DPM-FISIP-UNCEN) harshly condemns the parties responsiblefor  the imprisonment of Yason Ngelia, Chairman of the Executive Student Body (BEM) of the FISIP department, in Jayapura. Yason’s current condition brings a flood of disappointment as he is not in a good (physical) state as a result of the imprisonment.

The parties responsible for the imprisonment of Yason are the Papuan Governor and the Papua People Assembly.  The Cenderawasih University, with the involvement of 29 lecturers, have written an academic draft of the Special Autonomy Plus for Papua (or called for a Special Autonomy Papuan Government (for Papuans to run the provincial government). However, an individual student has reported he was physically abused by Yason which led to his arrest.

The recognition of the abuse against the student is the reason police have detained Yason, which led to the refusal of the students’ draft Otsus Plus.  Yason’s struggles to protect Papuan People from murder is systematically criminalised by the government through the acts of the police.

“The rector does not yet appear to be handling this problem,” said Septi Medoga, the head of the Student Representation Council of FISIP at Cenderawasih University to a reporter in front of the university gate in Waena-Abepura in Jayapura. (12/12)

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The individual who claimed to be a victim of abuse from Yason, according to Septi, has never wanted to meet with members of BEM FISIP who want to solve this problem internally. “The student doesn’t want to meet with us.” He said.

Until today, according to Septi, Yason’s physical condition is declining rapidly as a result of his incarceration. “The police are using three other prisoners to beat Yason. His right temple has ruptured, his cheeks are bruised, his bones are broken and his back has been kicked hard,” said Septi, who spoke with Yason when he visited him in jail. This beating occurred on 20th November 2013 in the detention room of the police station in Jayapura.

Yason’s condition is rapidly deteriorating and he has not yet received any medical treatment. “We assess this to be neglect from the police, the e university, and of those who claim to be a victim of abuse from Yason, those who have dragged him behind bars” said Septi.

Because of this situation, Septi has taken the initiative to lead his friends to raise funds for the medical treatment Yason needs. “We will give the funds raised to Yason to give him the medical treatment he needs.” Early demonstrations occurred in front of the Cenderawasih University gates on Thursday. (12/12)

The fundraising will go from Monday (16/12) and will be placed at various central locations, like Expo taxi terminal, Abe Circle, and other universities in Jayapura.

The right to medical treatment is a fundamental human right for Yason, regardless of his status as a suspect. Septi is urging the Papua Emergency Health Unit (UP2KP) to take a step towards helping Yason. “We ask for Dr Alo Giyai to lend a hand to check Yason’s condition” he said.

When we asked about Yason’s release, Septi claims the head of BEM FISIP should be freed today, but the reason why not is still unclear. “The power of the law to send a letter of suspending the detention on 24th November, then until today there is still no reply from the police” he said.

Meanwhile, Pontius, the coordinator of fundraising for Yason’s medical treatment, hopes his activist friends from GEMPAR will stop demonstrations demanding for Yason’s freedom by blocking the gates of the universities, because this will slow down the process for his release. “Friends, please demonstrate without blocking the gates to campus, if they are kept shut, Yason’s release will take longer” he said.

This is definitely an internal problem that only the rector has no intention of solving a problem as trivial as this. “I am amazed with us having this institution. This institution has the authority to solve this problem alone, however the rector is hiding from it” said Pontius.

Editor : Victor Mambor

 

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Stop criminalization over Papuan activists and free political prisoners

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Seven Papuan political prisoners in Balikpapan taking a picture with a representative of Papuan People’s Assembly and their legal counsel team. – Jubi/SPC

Jayapura, Jubi – The rights of freedom of expression in the second administration period of President Joko Widodo have still in concern to human rights activists. Democracy index 2019 released by Economist Intelligence Unit (EIU) put the democracy in Indonesia is the category of flawed democracy with index 6.48.

“One of the factors contributing to this low rate index is control and repressive acts such as the restriction over freedom of assembly and expression. The restriction of civil movements including student’s rally, criminalization against activists, farmers and students to restriction on freedom of expression on political free choice of indigenous Papuans,” said the Deputy Director of ELSAM (Institute of Human Rights Studies and Advocacy) Andi Muttaqien in a release received by Jubi on Saturday (8/2/2020).

According to him, the restriction against the freedom of political expression of indigenous Papuans has raised an assumption that the Government of Indonesia had been placing Papuans as “the second-class citizen” who has no rights to express their political view and opinion.

“The human rights issue and conflict in Papua has endured for decades and never been solved until today. The central government seems to neglect indigenous Papuans to be minorities and marginalized in their own land. The security forces have acted repressively to any forms of the political expression of indigenous Papuans by giving them a stigma as a separatist,” he said.

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Based on monitoring and documentation conducted by ELSHAM in the second quarter (August-December) of 2019, the criminalization against the Papuan political activists has increased drastically. The security forces have massively seized Papuans on many occasions. These acts have mostly ended in the arrestation and detention of Papuans.

ELSHAM’s data showed that as per 28 January 2020, there are 100 Papuan political prisoners behind bars.
Earlier, Papuan Behind Bars confirmed 26 political prisoners detained in Papua in 2018, consisted of 25 indigenous Papuans and a journalist of Poland national Jakob Skrzypski. But, the number of political prisoners in 2019 has sharply increased to 77 new prisoners who arrested in civil demonstrations during August and September 2019. The increase happened concerning the incident of racist taunts towards Papuan students on Monday, 16 August 2019.

There are also some cases against Papuan political activists which seized public attention. It includes the case against Septi Meidogda (Gempar Papua Chairman) arrested in Manokwari on 18 September 2019 and charged with Information (ITE) Law by accusing him to provoke the public on Facebook dated 17 September 2019.

Then, the case of Mispo Gwijangge who accused to murder 30 construction workers in Nduga on 2 December 2018. There are flawed aspects related to his arrest, such as he does not understand Indonesian and only speak his local dialect. Mispo is illiterate. He cannot write, read and count nor able to specify the day or date. He does not know his date of birth and his age. During the investigation, he even did not understand any questions posed by the police officers.

Next, the case involved six political prisoners Surya Anta, Charles Kossay, Dano Tabuni, Issay Wenda, Ambrosius Mulait and Ariana Elopere who currently detained at Salemba prison, Jakarta for treason because of raising the Morning Star in front of the Presidential Palace on 28 August 2019. The police arrested them two days after the rally. Currently, most political prisoners are undergoing the trial at court. However, some prisoners are now in home-detention, while others are still in prison.

“The use of treason article and ITE Law against Papuan political prisoners are exaggerated and not necessary. Therefore, each person who considered doing the treason act and brought to court should be released,” he said.

ELSHAM considers that the restriction to the rights of freedom of expression imposed by the treason article has gone beyond the International Covenant on Civil and Political Rights, which ratified by the Indonesian Government. The detention against citizens by state because of their political view also considered violating the rights to freedom of expression and opinion in which protected by Article 28 of the 1945 Constitution and other laws.

“President Jokowi should instruct the Attorney General to immediately stop or withdraw all charges against defendants and or Papuan political prisoners who accused with treason and ITE articles,” he said.
ELSHAM also asked the Indonesian Police Chief to order his staff to use a dialogical approach and stop all forms of discrimination against Papuan activists. (*)

 

Reporter: Yance Wenda

Editor: Pipit Maizier

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Police collect evidence on the alleged assault, AG has not yet investigated

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Illustration. – Pixabay.com

Jayapura, Jubi – Metro Police of Jakarta Selatan are still investigating and collecting evidence on a report of alleged assaults by AG, a public official at the provincial government of Papua. Until Thursday (6/2/2020), the police confirmed not to investigate AG yet.

The provincial government’s official AG was filed to the police of Jakarta Selatan by a mother for assaulting an 18 years-old daughter in a hotel located at Setiabudi area, Jakarta Selatan.

The crime and investigation unit chief of Jakarta Selatan Metro Police Mochammad Irwan Sutanto said the police are still investigating this case and collecting some evidence during the investigation.

When asked by Jubi whether the police had obtained the post mortem report or CCTV footage from the hotel where the rape happened, Irwan said the police would not able making any statement yet until finding more detail evidence. “[Regarding the evidence] that is still under our investigation, we cannot uncover it yet. We have some,” Irwan told Jubi on the interview by phone on Thursday (06/02/2020).

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Further, to answer Jubi’s question, Irwan told that the police has not yet examined AG, but thoroughly examined the accuse. “Meanwhile, we first collect some information from the victim’s side, [to find out the chronology of crime]” said Irwan.

For further action, Irwan said the police still have to wait due to some bureaucracies. “We cannot (always) do fast coordination. Sometimes it takes time. We are facing some bureaucracies. Therefore the police investigators have no choice but waiting,” he said.

However, Irwan said the police and investigators are not involved with the opinion warfare amongst lawyers of both sides. “Everyone has rights to express their opinion and have tasks. Us too, we also do our task,” said Irwan.

However, Irwan said the police and investigators are not involved with the opinion warfare amongst lawyers of both sides. “Everyone has rights to express their opinion and have tasks. Us too, we also do our task,” said Irwan.

Separately, lawyer Pieter Ell as the victim’s legal counsel told the report filed by his client is the police’s authority. His client is waiting for the police to collect evidence and examine witnesses. “Until now we are still waiting for the investigation report by the Metro Police of Jakarta Selatan,” he said.

Ell also said his client and her family got some terror message from unknown people. According to him, the metro police of Jakarta Selatan has coordinated with LPSK (the Agency for Witness and Victim’s Protection) to ensure the protection of his client. “Now my client is under the state’s protection, under the LPSK’s supervision,” he said.

Meanwhile, lawyer Aloysius Renwarin denied the allegation against his client AG and even declared it a hoax.

When asked why AG does not hold a press conference to refute the allegation, Renwarin confirmed that his client had appointed a group of attorneys as his legal counsels. Furthermore, Rewnwarin stated that his team already had a strategy to counter the allegation. (*)

Jubi reporters Alexander Loen and Roy Ratumakin also contribute to reporting this article.

 

Reporter: Victor Mambor

Editor: Pipit Maizier

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Light sentence for racism sparked defendant Mak Susi shows racism in the courtroom

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Gustaf Kawer, the Chairman of the association of Papua human rights advocates (PAHAM), said through her racism taunts, Mak Susi has caused public clashes in both provinces of Papua and West Papua. -Jubi

Jayapura, Jubi – Tri Susanti a.k.a Mak Susi gets twelve months sentence on Wednesday (29/1/2019). The public prosecutor from Surabaya District Prosecutors Office charges her with Article 14 verse (1) and (2) in conjunction with Article 15 Law No.1 of 1946 of the Criminal Law Code.

Gustaf Kawer, the Chairman of the association of Papua human rights advocates (PAHAM), said through her racism taunts, Mak Susi has caused public clashes in both provinces of Papua and West Papua. Although Mak Susi is legally and convincedly proven to commit a crime as covered in those relevant articles of the Criminal Law Code, the prosecutor Mohamad Nizar only accuses her of twelve months punishment from the maximum sentence that she might get.

Article 14 Verse 1 says a maximum sentence for defendants is ten years, whereas Verse 2 says three years. Meanwhile, Article 15 says defendants could get a maximum of 2 years in prison. However, the prosecutor only charges her for twelve months.

“He charges for the minimum. Indeed, it is the minimum punishment. In my opinion, it does not fair referring to she has done and its impact on the public. The prosecutor should charge her with the maximum punishment,” said Kawer.

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According to him, the application of Law No. 1 of 1946 is very much outdated, despite it can also show how ignorant the prosecutor towards justice. “This law has established since the colonialization era with some adjustment to the current situation. Why does it still be used? It is an easy option for them to use,” said Kawer.

Moreover, Kawer argues that because of the widespread impact of her taunts, it caused demonstrations and mass riot, dead victims as well as dozens of indigenous Papuans get arrested in Balik Papan, Jakarta and other towns in Papua. The sentence over Mak Susi, according to him, should be the maximum to bring a sense of justice to the victims. Kawer also assumes Mak Susi will have a light sentence for less than twelve months.

In the case of another defendant Syamsul Arifin, a civil servant who shouted racism expression in the incident occurred at Papuan Student Dormitory in Surabaya in last August, he sentenced 5 months in prison on Thursday (30/1/2020). His sentence is lighter than the prosecutor’s charge of 8 months. Syamsul charged with Article 16 of Law No. 40/2008 on the Elimination of Discrimination, Race and Ethnic.

“From this process, we should be aware that racism has not happened in public. But on the last 16 August, we can see that racism also occurred in law enforcement. From the police, prosecutors to judges in the court, they do it through such articles,” said Kawer.

By contrast, he saw different treatment occurred in Papua. For example, the police arrested the perpetrators in Papua only one day after the incident happened, but they got Mak Susi two months later.

Related to this issue, Kawer asks all political elites and civil authorities in Papua to aware of the racism issue. It is time for all parties to fight racism, especially when it happens in law enforcement institutions.

“If not, it would turn to human rights violation because it occurs in massive and structured ways. While we focus on its impacts, the perpetrator who triggered the incident can go easily. Furthermore, we do not have support from law enforcement,” he said.

For him, the racism incident that occurred in mid-August 2019 should be a momentum for Indonesia to change, to ensure that there would not be racism acts towards Papuans or others in this country.

“Unfortunately, we just wasted this momentum. As a result, racism will continue. We should pay attention to it and must We must agree that it is time to stop racism. People, law enforcement officers, the government must stop racial discrimination against indigenous Papuans or anyone in this country.” (*)

 

Reporter: Angela Flassy

Editor: Pipit Maizier

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