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Human Right

No justice for us, said the victim’s family of Sugapa shooting incident



Ilustrated - Jubi

Ilustrated – Jubi

Jayapura, Jubi – The family of the victim of the shooting incident in Sugapa rejected a one-year jail sentence for an officer and 21 days for other four Mobile Brigade officers for their rolesin the incident in Sugapa, Intan Jaya Regency, Papua on 28 August.

One of the family’s members, Thomas Sondegau said the sentences had not brought justice for the family.

Since the beginning, the family wanted those officers to be fired.

“It is not fair for us. The Mobile Brigade officers who allegedly perpetrated and involved in this incident only got 21 days and a year sentences, as well as to deprived for their office. It has not brought a justice for our family,” Sondegau told Jubi by phone last week.

Sondago, who is also a politician from Democrat Party and Papua legislator as well, the family would not ask for anything but only wanted the perpetrators to be fired and their commander relieved from his position.

“If needed, he shouldn’t have any position. I will ask this to the Papua Police. The Police violated their promise. At the beginning, they said the perpetrators would be punished according the Law, but in reality the Law has not fulfilled the justice to our family,” he said.

He’s worried if the perpetrator and those who involved in this case has not been fired as asked by the victim’s family and the local community of Intan Jaya in Sugapa, it would raise a bad reaction among the local people in the future.

“Where is the justice? The life of our grandchild, child, and brother is worth with the punishment of 21 days and a year sentences. We want the perpetrator and other involved officers to be fired and punished,” he said.

Deputy Chairman of the Commission I of the Papua Legislative Council Orwan Tolli Wone said this is not a regular case. The victim was dead because of the officer’s weapon.

“The security forces are armed by the state not for wounding or taking the citizen’s life. Why should he been shot to the death. Is there no other way to do although he might be wrong?” said Wone.

He considered it is reasonable if the family asked the perpetrator and other culprits who involved in this case having severe punishment because they have caused the death of Otinus Sondegau. The Police ethics trial verdict the five mobile brigade officers are found guilty of the misuse of the armed weapon leading to the death of a teenager called Otinus Sondegau in Sugapa, Intan Jaya Regency at the end of August.

Cited by the Jakarta Post, the officers are Jackson Simbiak, Eduardo Ansanay, Jefri Irianto Yohanes, Thom Mathias Wanarina and Yudi Sahi. The ethic trial led by Reeza Herasbudi on Friday (7/10/2016) decided Jackson Simbiak and Eduardo Ansanay to get 21 days sentences and be dismissed from their current positions as the platoon commander. Jefri Irianto Yohanes was punished a year sentence and dismissed from his position as commander. Meanwhile Thom Mathias Wanarina and Yudi Sahi got 21 days sentences and educational career suspension for a year.

Meanwhile, the local government of Intan Jaya stated the shooting case against a student Otianus Sondegau in Sugapa has been solved by a fine that has been paid by the Regent Natalius Tabuni with the amount of Rp750 million and the Papua Police Chief Paulus Waterpauw with the amount of Rp 100 million.

“In the custom, actually it applies a rule that a head should be replaced by a head. People asked the government to prepare the two graves for the victim and his perpetrator. But the law should be enforced, so we thought these money has not been an ending for the settlement of Sugapa case,” said Fransiskus Waine in Papua People’s Assembly in Jayapura City some times ago with other assembly’s members Ciska Abugau, Debora Mote and Fransiska Okmonggop Mote.

He said as a representative institution of indigenous Papuan culture, he said the Intan Jaya Regent, Paniai Police Chief, Sugapa Police Chief, Papua Police Chief and Intan Jaya Legislative Council have protected the perpetrators.

“Although the regent, mobile brigade and police declared that the problem is over but as the representative institution of indigenous Papuan culture, MRP regarded this is not over yet,” he said.

“After all this is about the human’s life. Therefore, the perpetrator should be investigated thoroughly. And the perpetrator should be given to the community to be punished with the customary law if the government cannot able to enforce their law. Human’s life could not be sold though it has been paid,” he said.

He asserted that the regent should be responsible because of his initiative to bring the mobile brigade to his region. MRP also has a query whether there is no Police so that the Mobile Brigade is needed in this region.

“In the Papua central highland we are declining the presence of Mobile Brigade. Being tortured, beaten, then ending with the shooting. So we all knew, that in Intan Jaya, Moni people is still keeping their customs with a stong commitment, therefore the new comers should be adapted with the situation there,” he said.

“With a fine paid by Intan Jaya Regent and Papua Police Chief, it seems indicating that the life of Moni people is easily to buy. What would be happened in the future? MRP asked to the Mobile Brigade in Intan Jaya to return to its headquarters, they supposed to be no longer exist in Intan Jaya,” he asserted.

The Chairwoman of the MRP’s investigation team Ciska Abugau said the security forces, in this case the Mobile Brigade and Indonesian Police, to not provoke the community to against the regent. This shooting is a kind of way to separate the leader from its people while their relationship is harmonious during the time.

“The incident like this always been happened when the regional head wasn’t in his region. I asked the Mobile Brigade and Police to not provoke a clash between the people and the regent. Because this shooting has caused the people to hate the regent,” said Ciska Abugau.(*/rom)



Papuans’ trust towards Jokowi has diminish regarding human rights solving



A young Papuan and his colleagues who had been arrested by Surabaya Police for celebrating West Papua independence day December 1st, Saturday (1/12/2018) – AMP facebook



Jayapura, Jubi – Chairman of the Papuan Customary Council Dominikus Surabut said that President Joko Widodo’s policy regarding cases of alleged violations of human rights in Papua raised a sceptical trust of Papuans over him.

“It added a sceptical trust among Papuans, especially the victims’ families,” Surabut told Jubi at his office on Tuesday (27/11/2018) in Waena, Jayapura City, Papua.

Moreover, he said that during his administration there were 7,000 Papuans detained by police in peaceful demonstrations. It’s the highest number in the last decade.

And this distrust increased after the appointment of General Andika Perkasa as the Indonesian Army Chief. In the past, he was a member of the military operation in Papua, but his particular tasks were not explicit.

Some media have released about the involvement of General Andika in the murder of charismatic Papuan leader Theys Hiyo Eluai on 10 November 2001 in Jayapura, Papua.

Theys is the Chairman of Papua Presidium Council (PDP), a political organisation that fights for the independence of Papua that established during the administration of President Abdurrahman Wahid and was not popular among the Indonesian Military. said that Andika’s involvement in the murder of Theys has never thoroughly investigated. His alleged involvement in the case revealed by a letter sent by Agus Zihof, the father of a defendant Captain Inf. Rionardo. Zihow who’s a retired army sent a letter to the Former Indonesian Military Chief General Ryamizard Ryacudu.

In his letter, Zihof said that his son was forced to confess to killing Theys by a man named Major Andika Perkasa. He also revealed that Andika promised to give his son a good position in the Indonesian State Intelligent Agency because his father-in-law was an influential person there. A special investigation team formed to investigate the murder case of Theys to examine Andika Perkasa.

Furthermore, Surabut said with human rights violators from the past surround him, Jokowi would never encounter the humanitarian problem in Indonesia.

Separately, President of the Synode of Baptiste Church of Papua, Dr Sokratez Sofyan Yoman, said President Joko Widodo seems to prioritize the formal events rather than the primary development in Papua.

“There is no significant change. Jokowi performs a play” said Yoman.

Moreover, he said Papuans do not require impromptu visits, acting, or carrying children during his visits, waving and smiling.

People amazed by his charming and that he has made ten official visits to Papua. But, He’s not aware that he never touch the main problem in Papua which is respecting human dignity instead of infrastructure development.

“We don’t need money. Our dignity is priceless. Money cannot measure it,” he said.

The more important is that he respects the dignity of Papuans by stopping all forms of violence and investigating who’s behind it because of 7,000 Papuans detained by the police during his administration. (*)

Reporter: Benny Mawel

Editor: Pipit Maizier

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Theys Eluay belongs to Papuan people



Theys Hiyo Eluay, Chair of the Papuan Presidium who was kidnapped and murdered on 10 November 2001 – Jubi

Corresponding with the Indonesian National Heroes’ Day, 10 November 2018, the family of the late Theys Hiyo Eluay, Chair of the Papuan Presidium who was kidnapped and murdered on 10 November 2001, announced a peaceful declaration.

The family represented by his son Yanto Eluay said the family already forgives the murderers and requested anyone not to use his father’s case as a political commodity.

Regarding the family’s declaration, the Head of Papua Representative Office of the National Human Rights Commission Frits Ramandey said the family should notice that Theys Eluay did not represent himself, but he acted as a leader of the indigenous community, a political leader of Papuan people. Meanwhile, the UN Human Rights Council acknowledge the rights of indigenous peoples, and at that time Theys Eluay was a leader of the indigenous Papuan community.

“But the family has forgiven the perpetrators. This act must consider as a way of family in criticising the country indirectly,” Ramanday told Jubi on Sunday (11/11/2018).

“Well, it seems they have their way to criticise the state and military. It has been 17 years after the death of Theys Eluay, and his family received a verdict from the court after 11 years. If now his family takes the initiative to apologise for the perpetrators, this might be their disappointment towards the country,” he said.

Related to the law, according to the Article 1 Number 39 of 1999, human rights violations constitute every act of a person or a group of people including state apparatus who intentionally or unintentionally conduct violations including to neglect, disgrace, control, terminate or deny the rights of a person or a group of people guaranteed by law but it is worried that they could not  or have access to justice that included in the constitutional mechanism.

Besides this, Ramandey stated that the case of Theys should not be separated from Aristoteles Masoka’s because both are the cases of human rights violations: Theys was kidnapped and killed, while Masoka disappeared and never been found.

This apology does not mean aborting the case of Masoka. “In both cases, there’s an alibi. There is a plan, and then there is an order. Why has Komnas HAM not yet finished this case? It’s because the military has finished it in the military court. But it contains the elements of a crime that are planning and order to murder. “Therefore, Theys’s case cannot eliminate Aristoteles’ case,” he said.

On the other hand, Aristoteles’ father, Yonas Masoka regretted the decision of Theys family without telling the Masoka’s family. “The case is a package. Theys and Aristoteles were together in one car when the incident happened 17 years ago,” said Yonas Masoka in Kampung Harapan, Sentani Timur sub-district on Saturday (10/11/2018).

Masoka questioned a point in the declaration which states that the incident of killing and kidnapping occurred 17 years ago were no longer referred to human rights violations. He thought this statement already assumed that his son has already found, even though until now Aristoteles Masoka who was Theys driver at that time has remained undiscovered.

Previously reported the declaration under the title “The Late Theys Eluay Family Forgives the Government of Indonesia” published on Sunday, 11 November 2018.

Masoka questioned a point in the declaration which stated that the incident of killing and kidnapping that occurred 17 years ago were no longer referred to human rights violations. He thought this statement already assumed that his son has already found, even though until now Aristoteles Masoka who was Theys driver at that time has remained unknown.

Previously reported the declaration with the title “The Late Theys Eluay Family Forgives the Government of Indonesia” published on Sunday, 11 November 2018.

There are five points included in the declaration: the family object the death of their late father to be politicised and also states that Papua should not be separated from the Unitary State of the Republic of Indonesia; the family give their apology to all parties or individuals who involved both directly and indirectly in the incident of their late father Theys Eluay; the family also asked the public to not seeing the kidnapping and murder case of their late father as the human rights violations and should not be used this case as a political commodity.

Yonas Masoka stated he was confused and hence questioned the purpose of the declaration. Therefore, he said he would continue to seek justice for the loss of his son. For this reason, his family even came to meet with the Indonesian National Human Rights Commission in Jakarta and Papua for many times. However, he could not get a definite answer from these two state institutions.

He then thought that the peace declaration was part of a political commodity. “This is a political year. Let’s see what will happen after this,” he said.

Theys Eluay was found dead in his car mired in a ravine on Sunday, 11 November 2001 after disappearing for a day, while his driver Aristoteles has not yet been discovered.

The panel judges of the High Military Court III Surabaya convicted four Special Force soldiers who accused of the Theys Hiyo Eluay case. They are the former Commander of Tribuana Task Force X Lieutenant Colonel Inf. Hartomo, former Commander of Detachment Headquarters I Major Inf. Doni Hutabarat, former Operation Chief of First Lieutenant Inf. Agus Supriyanto, and Chief Soldier Achmad Zulfahmi who smothered Theys’s mouth three times.

Meanwhile, the panel judges chaired by Colonel CHK. AM Yamini convicted the lighter sentences to other three defendants, the former Captain Inf. Rinardo and First Lieutenant Asrial were sentenced to three years in prison, while Second Liutenant Lourensius prisoned for two years. (*)

Reporter: Timo Marten

Editor: Pipit Maizier

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Human Right

A member of Bawaslu Merauke arrested during Jokowi’s visit



Agustinus Mahuze (centre) with his friends – Jubi

Jayapura, Jubi – Agustinus Mehuze, the Coordinator of Prosecution and Investigation Department of Elections Supervisory Agency (Bawaslu) Merauke, was arrested and checked by Merauke Police following his act of appointing a paper with a say “SOS Our Earth” when President Joko Widodo’s convoy crossed Lepro junction in Merauke on Friday (16/11/2018).

The president and group was visiting Merauke to inaugurate the Time Capsule monument.

Mahuze is known as an environmentalist and indigenous people activist as well as education practicioner in Merauke before he becomes a member of Bawaslu Merauke.

“At that time I was walking from Wasur toward the city. Around half past three in the afternoon, I saw the presidential convoy crossing Lepro. I took a paper and pencil and spontaneously wrote those words and lifted it to show to them. I wanted the president to see it and raise this environmental issue during the APEC Summit in Papua New Guinea,” Agustinus Mahuze told Juby by phone on Saturday morning (17/11/2018).

Then, a soldier who’s in charge to secure the event approached him and asked why did he hold up the paper, while police officers that were also in the scene seem not to be bothered with his act. They didn’t even bother to ask him. By contrast, the soldier intimidated him.

“The soldier asked from which organisation am I? I said I didn’t represent any organisation here. Then he checked my wallet and bag. I only have some documents related to my work at the Election Supervisory Body,” said Mahuze.

Then the soldier asked the police to bring Mahuze to Merauke Regional Police Headquarter for further investigation. Police then took him to the police station at around 3:30 p.m. and he  was questioned in the general section of Merauke Police Headquarter before undergoing a follow-up investigation at the intelligence department.

However, the officer who’s in charge in the intelligence department was not there, so he had to wait until 18:00 before they let him go. “At six in the afternoon, the police said that I could go home and asked me to leave my telephone number so that they can call me. But only about thirty minutes I left their office, the police called me to return,” he said.

When they called, he was taking dinner with his friends who accompany him during the investigation in a place near the police station. So he returned to the police station and underwent the examination in the intelligence department.

“Shortly, I clarified the purpose of my writing and why I showed it. I gave the same answer as before that because I only want to raise the environmental issue and had no political purpose,” explained Mahuze.

After half an hour investigation, then the then let him leave.

However, Mahuze regretted the soldier’s attitude who questioned and intimidated him. “The police are very cooperative. But the intimidation by the military member shows that their attitudes in Papua has not changed,” said Mahuze. (*)


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