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Trial of the Papuan Congress III:
“To Urge Public Monitoring to Ensure a fair trial”

The attack of civilian as participants of Papuan People's Congress III that lasted 17 to 19 October 2011 is a violation of the right of expression committed by the Indonesian government. We recorded that this incident has been strongly suspected a violation of law and human rights committed by military/police in terms of arbitrary arrest along with torture to civil society either they are congress participants or other people who are coming to see, as well as the act of destruction to the property of society causing some material harm in some locations which become centre of arrest. After the attack, it has been found 3 gunshot victims who allegedly also committed by military/police. It is also reinforced by the result of investigation conducted by National Commission of Human rights (Komnas HAM).

The participants who are arrested and investigated by police are Forkorus Yaboisembut (the head of indigenous councils of Papua/President of Republik Federal of West Papua who is voted in congress III), Eddison G Waromi (the head of West Papuan National Authority/Prime Minister of West Papua who is voted in Congress III), August Makbrowen Senay (Coordinator Logistic of Congress III), Dominikus Serabut (Secretary of indigenous councils of Wamena) dan Selpius Bobii (the head of committee of  Papuan people’s Congress III).
Their hearings will be conducted in the district court of Jayapura on 30th of January 2012 at 10.00 WIT that will be lead directly  by the head of District Court, Mr Jack Johanis Octavianus, SH., MH as a chairman of the panel judges. Under the indictiment No: PDM 457/JPR/Ep/2/12/2011 on 16th of Januari 2011, the defendants are charged a single indictiment on article 106 of Criminal Code stated: “The attempt undertaken with intent to bring the territory of the state wholly or partially under foreign domination or to separate part thereof, shall be punished by life imprisonment or a maximum imprisonment of twenty years.” These defendants will be assisted by 32 lawyers from Papua under the Coalition of civil Society for law enforcement and human rights (Koalisi untuk Masyarakat Sipil untuk Penegakan Hukum dan HAM), consisting of KontraS Papua, LBH Papua, ALDP, LP3BH, LP3AP and lawyers from PERADI.

We consider that the public monitoring is important for this trial. The present of some independent monitors in Papua is important to ensure the transparency of the legal process as well as guarantee  of oversight of the fair process, considering the substance and nuances of the trial will be filled with political factors, along with the conflict situation in Papua, which continues to flare up.

We also urge Indonesian government through Foreign Minister  to open all access for media or even group of international civil society to present and conduct monitoring to the trial as part of effort to disclosure information and commitment to push the settle of Papua by peace process.

Particullary, we urge Indonesian government to ensure that the trial will be going on fairly and guarantee the safety of law enforcement officers including attorneys and judges in order not to intervene of political interest. The trial also has to guarantee the safety of witnesses and victims to uncover the facts openly as well as guarantee the health if it is needed.

We also remind that the allegation of human rights violation committed by military and police has not yet been process as legal procedure. Police institution only conducted internal hearing that has given lighter sanctions to the perpetrators, even though it has been found the facts that they have committed some criminal offence. Meanwhile, in military institution, there is no legal process for some perpetrators up to now. Therefore, National Commission of Human Rights (Komnas HAM) should conduct pro-justicia investigation immediately in order to uncover the truth in this incident, to punish the perpetrators and provide the rehabilitation as a right of victims.

Jakarta, 25th January 2012

Haris Azhar
Septer Manufandu
 Daniel Randongkir
KontraS 
Foker LSM Papua 
Elsham Papua

 For futher information regarding the process of hearings, please contact lawyers in Papua under the Coalition of Civil Society for law enforcement and human rights: Ms. Olga Hamadi (Coordinator of KontraS Papua at number:+62-81344775582), Mr. Gustaf Kawer (lawyer at number:+62-81319150718 and Mr. Harry Maturbongs (lawyer at number:+62-85344588411).