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Three Muslim Witnesses in Tolikara Case Say Suspects Not Involved in Arson, Stone-Throwing

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Peoples held a protest when first trial running at at Jayapura District Court - Jubi

Peoples held a protest when first trial running at at Jayapura District Court – Jubi

Jayapura, Jubi – Three witnesses from Tolikara presented by the Public Prosecutor in the trial over the Tolikara incident held at Jayapura District Court were praised by two defendants and their attorney after they testifed that they did not see Jundi Wandikbo and Arianto Kogoya at the scene, contrary to prosecutors’ charges.

The three witnesses who have lived for 10 years in Tolikara are Sarno, Usman and Ali Mukhtar. The testimony of the three witnesses, who were also victims of the rock-throwing and arson incident on 17 June is a breath of fresh air for the defendants.

The suspect’s attorney Gustaf Kawer said their testimony relieved the charges over his clients. “Their testimony didn’t point to the suspects, but help my clients,” Kawer told Jubi on Thursday (3/12/2015) after the hearing on Wednesday (2/12/2015).

In answering the prosecutor’s question, the witnesses justified the stone throwing towards approximately 400-500 Muslims who were doing Eid prayer at Karubaga Military Command yard at 06:20 AM. They heard a voice screaming “Dismiss! Dismiss! from megaphone to the Muslims. But they confessed they didn’t see both suspects among the GIDI at that morning.

The first witness to testify was Sarno. He said,” There was screaming after fifth takbir. I thought it was not too long, about ten minutes, I heard screaming “Dismiss’,” Sarno told in the trial answering the Judge. His hand was bleeding due to stone throwing in that incident.

He also confessed he didn’t see the suspect’s face to answer the prosecutor’s question whether he saw who was behind the megaphone screaming to disperse the Muslims. “Yes, there was someone hold the megaphone, but I don’t know who is he because there were about 50 or 70 people out there. But yes, there it was (holding megaphone),” he said.

He admitted recognize Jundi Wadimbo because the suspect shopped at his kiosk, which was burned in the incident for several times. But, he just knew Arianto after the trial. “I didn’t see, I was panic at that time. When I say Arianto at the scene, but I didn’t see him throwing the stone,” he said.

Two other witnesses Ali Usman and Ustadz Ali Mukthar said the similar thing. “It’s right there was fire on houses, kiosks and stone throwing, but they were not involved at all. And the most important of their testimony, they talked about peace agreement that the problem out there has been settled,” said Kawer.

Arianto Kogoya expressed his gratitude to Sarno who were his former teacher at Karubaga Junior High School to come in the trial though he should come from distance, from Karubaga to Jayapura.
‘Thank you to this old man for coming and want to present in this court. I must thank him for clearly testifying in this court, and furthermore, he was my former teacher at Junior High School. He was one of my parents and now he was testified over me, spoke the truth about what I did with Jundi, and the police also knew both I and Jundi were to secure the situation at that time. We were to calm down the crowd,” he said.

Meanwhile, the Public Prosecutor Gloria Sinohaji didn’t bother whether the testimony of three witnesses to relieve the charges. According to her, the witnesses are both victims and witnesses based on what they have seen and heard.
“The incident is truly occurred, there was creaming, incitement. That’s we want to prove, that both suspects did the incitement, fire and violence. That’s we want to prove,” Prosecutor told Jubi at the court.

Related to the testimony considered to be relieved the suspects, she said she want to prove something. “When we want to prove a case, we had a strategy. Look, I was the victim, I was beaten, but we can prove it through other witnesses about who was beat people, who was threw the stones. When you were the victim, you got beaten you might don’t know who did it. We can not force the victims to tell but at least they can hear the screaming,” she said.

The trial will continue on Thursday (10/12/2015) with the agenda of hearing the witness from the Public Prosecutor. (Yuliana Lantipo/rom)

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Activists hold a long march in Manokwari to commemorate 17 years of Wasior human rights violation 

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Caption: Demonstration of 17 years of Wasior Case – Jubi / Doc

Manokwari Jubi – Dozens of human rights activists, the families of victims, and human rights partisans held a protest to commemorate human right violation in Wasior 2011 by holding a long march in Manokwari on Thursday (13/05/2018).

Masses started to walk from the Information Office in Sanggeng to LP3BH Office in Fanindi to submit a legal complaint file to the LP3BH Director, Yan Christian Warinussy.

The Chairman of the Council of Indonesian Trade Union (GSBI) West Papua, Yohanes Akwan, in a press release declared that up to 17 years of Wasior Case occurred, the state remains to neglect the incident that occurred in 2001. 

We submit our aspirations officially as well as a request to LP3BH to continue to voice the cases of human rights violations in Papua to the international community,” he said. 

Meanwhile, the LP3BH Director Yan Christian Warinussy said this complaint was part of the respect towards the human rights. “This is a part of human rights enforcement, as well as a responsibility of human rights defender to accept this complaint.

The Indonesian Human Rights Commission once investigated the Case of Wasior in 2003, but the case closed at the level of investigation. At that time, Warinussy was a member of Wasior Human Rights Investigation. (*)

 

Reporter: David Sobolim

Editor: Pipit Maizier

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Gerri Goo’s case will be raised at UNHRC by the Asian Legal Resource Centre

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Gerri Goo in hospital – Jubi

Jayapura, Jubi – The Asian Legal Resource Centre (ALRC) wishes to inform the UN Human Rights Council (UNHRC) regarding the situation of extrajudicial executions (summary executions) in Indonesia.

As wrote in ALRC’s press statement to Jubi on Wednesday (30/5/2018), despite being a state party to key international human rights treaties such as the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), and the International Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Indonesia has yet to fully recognize the right to life and protection for all people from summary execution.

The right to life is also enshrined in the Indonesian Constitution (UUD 1945) and Law No. 39 of 1999 on Human Rights. The enforcement of such laws however, is Indonesia’s failing. In fact, law enforcement agencies and security forces in Indonesia are themselves guilty of summary executions. The ALRC’s sister organization, the Asian Human Rights Commission (AHRC) is documented the case of Gerri Goo, an indigenous Papuan who died after being shot by law enforcement agencies in Moanemani, Degiyai regency. Gerri was shot during a joint sweeping operation by the Moanemani police officers and the police mobile brigade (Brimob). Gerri was hospitalized for 33 days, and he finally passed away on 9 May 2018.

In the past, particular under the regime of Suharto, summary executions occurred massively, and remains unpunished until present. Thousands, perhaps even one million people have been victims of summary execution during the 1965-1966 massacre, the mysterious shooting (Penembakan Misterius – Petrus) of 1981-1983, the Tanjung Priok case of 1984, the Talangsari case of 1989, the military operation and emergency period in Aceh from 1989-1998 and 2003, the 1998 May tragedy, the student shooting in Trisakti and Semanggi in 1998-1999, the case of Wasior and Wamena Papua 2001 and 2003, and various cases occurring in Papua, such as the cases of Puncak Jaya 1977-1978, as well as the Abepura case of 2000. Despite the Abepura case being prosecuted in the Makassar district court in 2005, the court failed to find evidence and finally released all the perpetrators. The government has also failed to address various recent cases of summary executions, such as the Paniai case, and the brutal attack and murder of Vijay Pauspaus in Sanggeng Manokwari Barat.

The recurrence of extrajudicial executions in Indonesia is largely due to the impunity enjoyed by the offenders, especially if they are part of the police or military institutions. For instance in the death of La Gode, the Sula Police Station prefers to internally discipline the police officers who had illegally arrested and transferred La Gode to the Military Post of Task Force (Satgas) 732/Buana. The internal ethic mechanism conducted on 31 March 2018 at the Sula Police Station ruled that:

  1. Police Chief Brigadier Zaenuddin Ahmad was to get 21 days detention, one year suspension of rank, promotion and educational training.
    2. Police Brigadier Harifin Idu was to get 21 days detention, two years suspension of rank, promotion, annulment of his current position in Police Administration and one year suspension of his regular salary.
    3. Police Brigadier Mardin was to be punished with 21 days detention with six months suspension of educational training.

Extrajudicial execution committed by the police is also caused due to the lack of commitment by the government to implement internal police regulations on human rights. The Internal Police Regulation No. 8 of 2009 on the Implementation of Human Rights Principles and Standards in the Discharge of Duties of the Indonesian National Police, and the Standard Operational Procedures like the SOP No 1/X/ 2010 on Countermeasures on Anarchy, and SOP No 14 of 2012 on the Investigation Management of Crimes have all remained on paper thus far.

In view of the above situation, the ALRC requests the UN Human Rights Council to undertake studies to assess the root causes of extrajudicial executions in Indonesia. The Council should not merely work with the Indonesian government, but should also work and support the Indonesian civil society at large in dealing with recurrence and massive extrajudicial executions in Indonesia.

The Council should put pressures on the government of Indonesia so that the State officially invites and cooperates with the UN Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions. (*)

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Shift in Solomon Islands government’s view on Papua

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Solomon Islands parliament Photo: RNZ/ Koroi Hawkins

Solomon, Jubi – A leading foreign affairs official from the Solomon Islands government says it’s now seeing a balanced picture on Indonesia’s Papua region.

The government is consulting with the provinces as it formulates an official position on West Papuan human rights and self-determination issues.

Consultations follow a visit by a Solomons government-led delegation to Indonesia’s provinces of Papua and West Papua at the invitation of Jakarta.

The Solomons’ Special Secretary on Foreign Relations, Rence Sore, was one of the government officials in the delegation.

He said the visit was aimed at achieving a balanced picture of what’s going on in Papua.

“Before we went we had been listening to the other side of the story. And the story we heard, we were always hearing at that time, was there’s always human rights abuse, there’s always fighting for independence, someone is being killed and all that. It’s one-sided, all one-sided.”

Rence Sore said that when they went to Papua region, the story was entirely different.

He said that for now the government had yet to decide on its official position regarding West Papua and Papua provinces.

“We’re trying to give the government a good picture. Both sides of the coin we have to tell the government, and the government independently makes that policy decision.”

The delegation’s visit and resulting report were indications that the Solomon Islands government, under prime minister Rick Hou, was approaching a different stand on Papua to that of the previous prime minister Manasseh Sogavare.

Mr Sogavare, who is now the deputy prime minister, campaigned internationally about West Papuan human rights issues. He was also supportive of the United Liberation Movement for West Papua, and instrumental in its admission to the Melanesian Spearhead Group in 2015.

The Liberation Movement, which Indonesia’s government opposes, last month voiced disappointment that it wasn’t notified by Solomon Islands about the delegation’s visit.

Mr Sore, who said his government consulted with Indonesian authorities for the visit, noted the Liberation Movement’s strong connections with civil society organisations in Solomon Islands.

“And to some extent, that strong connection also was with the previous Solomon Islands leadership, government, prime minister.

“We went (to Indonesia) with authorisation from the current prime minister, and official authorities were notified.

However Mr Sore would not be drawn on whether the Hou-led government had shifted position on Papua.

“That decision is not yet formal. It depends entirely on the report. We did a report when we came back, and we are still doing the consultations on the policy. That policy will go through the government cabinet.” (*)

 

Source: radionz.co

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