Normal 0 false false false IN X-NONE X-NONE MicrosoftInternetExplorer4 /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-qformat:yes; mso-style-parent:""; mso-padding-alt:0cm 5.4pt 0cm 5.4pt; mso-para-margin:0cm; mso-para-margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:10.0pt; font-family:"Times New Roman","serif";}

PRESS RELEASE

CIVIL COMMUNITY COALITION FOR PEACE AND JUSTICE

(KONTRAS Papua, FOKER LSM Papua, SKP Keuskupan Jayapura, KPKC Sinode GKI Papua, Elsham, BUK Papua)

The following names are charged with subversion: Yohanes Agapa;Januarius Tigi;Bendiktus Pekey;Dominggus Pakage;Derius Anouw;Marthen Anouw;Martinus Youw;Yusak Kayame;Matias Adi;Frans Kotouki; Beni Gobay;Andi Pigome;Elias Pigome;Yohanes Gobay; Naftali Ogetai. Their trial is held in state court in Nabire and they are charged with against Indonesia criminal Code article 110 verse (1) Jo. Article 106 Criminal Code and article 110 verse (2) to 3rd criminal code Jo. article 106 criminal code.

Chronology

On Friday, 03 April 2009 at 10.00 Papua time, around 100 people held a peaceful rally organized by West Papua National Committee (KNPB). The demonstratros walked along from Sudirman street to A. Gobay street Karang Tumaritis and then stopped at local general election commision (KPUD). The mass then did oration in front of the KPUD office at 3.00 under heavily police guard. The rally was to reject general election to elect new legislative members and president and vice president. Also, the rally was to express their opinion on the failure of special autonomy law, demand for referendum and to show a strong support for the launching of International Lawyers for West Papua (ILWP) establishment in US on 3-5 April 2009. In the rally, Zeth Giay acted as the field coordinator. The participants in the rally carried several banners. After the rally, some participants returned to their home while others made their way to Taman Gizi. On 4 and 5 April, no rally took place but some people gathered in Taman Gizi while police kept wacthing them. The defendants were arrested on 6 April 2009 by police and then they were brought to police office for interrogation which then led to their detention.

Trial Process

The trial of the subversion charge against Yohanes Agapa;Januarius Tigi;Bendiktus Pekey;Dominggus Pakage;Derius Anouw;Marthen Anouw;Martinus Youw;Yusak Kayame;Matias Adi;Frans Kotouki; Beni Gobay;Andi Pigome;Elias Pigome;Yohanes Gobay; Naftali Ogetai finally took place in Nabire State Court. The following are the names of the judges and public prosecutors and the coalition team for Truth and Justice accompanying the accused

The following is the agenda of the trial in Nabire Court against the defendants

During the long and tiring trial process, it is found some following irregularities:

1. After the interrogation in the police office, the defendants were not given opportunity to read their dossier (BAP). The BAP are just given to the defendants while they have been put in the jail and they are asked to sign the dossier without reading it.
2. When the defendands request to read the dossiers beforehand, the investigator decline their request saying that it will be read in the court
3. Of 15 defendants, only 4 people can speak Indonesia language while their BAP is written in Indonesia language
4. The defendants strongly reject the witness presented by public prosecutors in the court
5. The defendants withdrew their testimony in the court as according to them, the BAP is not based on their given information and testimony

In the trial, the accusation against the defendants is not properly established. This leads to a conclusion from the judges that the defendants “did not commit any subversion (treason) as accused.” Therefore, the judges accept the request of defendants’ lawyers to free the defendants and remove all charges against them and demanding the public prosecutors for the defendants’ name rehabilitation. Responding to the legal process against the defendants, we, from coalition for truth and justice, are called to

1. Give an apreciation to judges who courageously and objectively examine the charges against the defendants and enforce law accordingly. This indicates a good progress in law enforcement and human rights promotion in Papua
2. Response to the irregularities in the legal process of the defendants. We hope that this will become a good lesson for law enforcers in handling the cases of subversion charged against people without proper evidence and therefore to prevent any arbitrary arrest in the future.
3. Have a common understanding on the freedom of expression as stated in Indonesia constitution 1945 article 28E verse (3) that every person has rights to assembly and express opinion. Also, Jo Law No. 9/1998 regulates about the freedom of public expression for all citizens.

Jayapura, 16 September 2009

Civil Community Coalition For Peace and Justice

Harry Maturbngs, SH J. Septer Manufandu

Director Kontras Executive Secretary FOKER LSM Papua

Gustaf Kawer, SH Ferry Marisan, S.Sos

Advocate Director Elsham

Rudolf Kambayom Pdt. Dora Balubun, S.Th

Director SKP Keuskupan Jayapura Coordinator KPKC Sinode GKI Papua

Peneas Lokbere

Coordinator BUK Papua

---

Add this page to your favorite Social Bookmarking websites