West Papua Information Kit

Prisoners

Human Rights Watch 2007

Because of restrictions on access to Papua and on information about developments there, the exact number of cases in which peaceful political activists have been arrested, tried, and convicted in Papua is impossible to establish with certainty. However, that this happens with regularity is not in doubt. To illustrate this problem, Human Rights Watch highlights in detail the cases of five individuals and summarizes those of thirteen others.

Filep Karma and Yusak Pakage
Filep Karma, a 45-year-old civil servant, and Yusak Pakage, a 26-year-old student, are perhaps the most famous of Papua's political prisoners.
Karma and Pakage were arrested on December 2, 2004, and charged with makar (rebellion), a day after hundreds of students gathered at the local university campus and began a long march yelling slogans of "Papua" and "Freedom!" The chanting also included calls for the rejection of the law on special autonomy, and for the separation of Papua from Indonesia.
The celebrations were held in Trikora Field in Abepura, and consisted of speeches, prayers, and dancing. During the course of the celebration some members of the crowd raised the Morning Star flag.
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Linus Hiluka
Linus Hiluka is a 34-year-old farmer who was charged with rebellion against the state and spreading hatred (Article 110, 106 and 154 KUHP) for associating himself with the Baliem Papua Panel (BPP). The BPP is accused of "struggling for the independence of the province of Papua to become a region or state which is self-governing or independent."
Prosecutors in Hiluka's case alleged that on May 26, 2000, Baliem community members nominated Hiluka as a delegate to attend the second Papuan Congress held between May 20 and June 4, 2000 in Jayapura, and that the Papuan Congress II resulted in four main strategic areas of action for the delegates. These were:

• Rectifying (meluruskan) the history of West Papua;
• Separating from the Unitary Republic of Indonesia via dialogue in a peaceful and democratic manner;
• Restoring the basic rights of the people of Papua with the rejection of special autonomy; and
• Installing members of the Panel and the Presidium.

At the congress, Hiluka was installed on the council board of BPP. On his return from the congress, he was accused of disseminating information to the community about the congress' decisions. Hiluka was accused of making public speeches in public parks, during prayer time, in churches, and in private houses within the Jayawijaya area. These activities were often preceded by the raising of the Morning Star flag.
As a member of the BPP, Hiluka was also accused of meeting with other members, attending meetings in Jayapura to reject the special autonomy law proposed for Papua, possessing and storing important correspondence linked with the independence movement, forming the Papuan taskforce, establishing taskforce command posts, making community members believe that Papua would be independent, and installing a painted map of West Papua and the Morning Star flag on the wall of his house in Ibele.
For these crimes the prosecutor asked that Hiluka be sentenced to 15 years of imprisonment and a fine of 5,000 Rupiah. The State Court of Wamena imposed a tougher sentence and punished Hiluka with 20 years imprisonment with a 1,000 Rupiah fine. Hiluka appealed the courts decision, but the High Court of Jayapura upheld the original ruling and sentence. Hiluka's final appeal to the Supreme Court of Indonesia was rejected on the basis that the appeal brief was received after the 14-day appeal period, thus voiding the right to appeal.
Reports indicate that Linus Hiluka was transferred from Wamena to a prison in Makasar, Sulawesi, in December 2004. His new prison is not only located on another island, but is located more than 1,000 miles from Wamena, making it nearly impossible for his family and lawyer to visit him.
 
Moses Holago and Moses Aspalek
Moses Holago and Moses Aspalek were arrested on December 9, 2004, and charged with rebellion against the state (106 KUHP connected with article 55 KUHP, with a subsidiary charge of 110 KUHP connected with article 55).
Moses Holago was accused of attending a meeting on August 11, 2004, to discuss the details of the structure of an independent West Papuan government. The meeting was held in the village of Wutung in the District of Muara Tami (Papua New Guinea).
Both Moses Holago and Moses Aspalek were accused of attending a meeting at the house of Reverend Mathen Asso in Waena, Abepura District, Jayapura City, to discuss seeking funds to attend a meeting in Wewak in Papua New Guinea (PNG).
The meeting in PNG was called the Extraordinary National Papuan Congress. The three-day meeting led to the formation of a nominal West Papuan government (West Papuan Authority Government) and nominated Edison Waromi as president of the authority. According to the indictment against Moses Holago, the intention of the assembly was to unite the factionalized pro-independence groups and develop community struggles for an independent West Papua.
Moses Holago and Moses Aspalek were arrested at the border with PNG in the village of Wutung, Muara Tami District, as they attempted to cross from PNG back to Indonesia without proper documentation. They were searched and documents were found wrapped in plastic inside Moses Aspalek's left shoe. The documents found on the two defendants included:

• A card with a drawing of the Indonesian flag, the Morning Star flag and the PNG flag with the writing "Internasional [sic] Border PNG-RI Humanity People Landows [sic] Right Commission Port Numbay Vanimo- Merauke-Daru" and on the back written 504 Moses Aspalek, Job Investigation Address West Papua' stamped and signed by a Mr. M Tampoto;
• A similar card to the one mentioned above owned by Moses Holago;
• A letter stamped by the Tentara Papua Nasional (TPN) West Papua and signed by Yantos Titus Tabuni with the letter header National Independence Army of West Papua, Regional Military Command Baliem II; and
• A letter Request for Recommendation for going to Australia, property of Moses Holago.

During the trial Moses Holago claimed that he did not attend the fundraising meeting. However, he acknowledged crossing to Wewak on a speed boat with Moses Aspalek, as well as with other individuals named Nelles Elopere, Simon Heyapok, and Filep Karma.
During the trial photos were produced by the prosecution showing Moses Holago, Moses Aspalek, Filep Karma, and another man named Albert Kailele at the congress. Moses Holago identified the flag in the photo as the Morning Star flag and the chair of the meeting as Filep Karma.
The primary charges against the defendants were rebellion with intent to cause state disintegration (Article 110 paragraph 1 connected with Article 106, Article 106 and Article 55 paragraph 1) and causing social unrest.
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Examples

Being held in July 2001 since October and December 2000 regarding flag raising around Wamena were: Murdjono Murib, Yafet Yelemaken, Amelia Yigibalom, Rev Yudas Meage, Rev. Obed Komba, Agus Sorabut, Hendrik Sieb, Edi Marian, Herry Kosay, Frans Huby, Isak Wenda, Atinus Wenda, Les Wenda, Timanus Kogoya, Yules Wenda, Teri Wenda, Elius Wenda, Yohakim Hubi, Jekson Itlay, Yoel Wenda, Pilius Wenda, and Sudirman Pagawak.

Arrested 6 December 2002 were Kornelius Tier (20), Yulius Pisya (22); arrested 14 December 2002 for flag raising at university were Herman Wainggai, Edison Waromi; Jordan Iek; Allius Tabuni (36); suspected OPM arrested early in 2004 were Yance Hembring, Salmon Dakka, Agus Waipon, Maurid Wouw, Yosep Wouw, and Yehuda Wandi.

Members of the Presidium Council (PDP) arrested for the second time in December 2003:
Murjono Murib, Pdt Obet Komba, Agus Serabut, Edi Mariam, Herry Kosay, Frans Hubi, Isak Wenda, Amelia Jigibalom, Yudas Meage, Timanus Kogoya, Sudirman Kogoya, Yohakim Hubi, Joel Wenda, Elius Wenda, Yules Wenda, Pilius Wenda.

Philip Karma (45) and Yusak Pakage (26) being held for flag raising and prosecuted with life imprisonment for treason.

Bosa Rawo, an employee at University Papreta Manokwari; Keliopas Penetruam Kepala Desa Pabo (Pabo Village Head); Frengki Rawo; Karel Kosona, works for Kelapa Sawit (Coconut Oil Plantation); Dominggus Anto; Bernadus Ajomy; Rudy Beney; Manof Balumy works for Kelapa Sawit; Zet Dimara ex policeman, arrested for flag raising in Manokwari; Ronal Ramandey - Wasior Case; Martikus Densue - Wasior Case; Amelia Konik - Wasior Case; arrested for flag raising on 27/Nov/2003 were Yohakim Menci (40), Carlos Yumame (45), Isak Towansiba (20), Luter Towansiba (21), Hans Mandacan (35), Terry Korayem (32), Yulianus Indem (28); arrested for blocking road protesting logging on 20/Apr/2004 were Matius Nasira and Manase Furima.

Beaten and arrested on 29/Mar/2004 for campaigning for election boycott were Steve Wenda (30), Wetinus Wenda (32), and Dipenus Wenda (32); Marius Kogoya was shot dead. In gaol were Kanius Murib (48) serving life, Marthen Wenda and Didimus Meage serving 20 years; being held since July/2003 were Andi Asso (23), Welmus Musa Asso (30), Ghen Jhon Hilapok (30), Majus Togodly; and since 5/Oct/2003 when nine suspected OPM were killed in Yalennga village were Luk Tabuni, Ebener Murib, Yunus Telenggen, Lepinus Murib, and Tonius Jigi Murib.

Linus Hiluka, Jein Hesegem, Hery Aso, Gustaf Ayomi (31), Mikael Heselo (32), Kimanus Wenda, Numbuk Telengen, Jefray Murib, Henos Lokobal.