Urgent Appeal to Frank La Rue, UN Special Rapporteur on Freedom of Expression

On 1 May 2013, Papuans commemorated the 50^th anniversary of the administrative transfer of Papua to Indonesia. Peaceful demonstrations went ahead despite a ban issued by Indonesian authorities,[1] in contravention of the right to free expression and assembly. Police opened fire on demonstrators, killing three, seriously injuring others and arresting leaders. When civil society groups gathered on 13 May to peacefully demand accountability, more arrests were made. At least 30 demonstrators were arbitrarily arrested in Timika, Sorong, Biak, Abepura and Jayapura (see Appendix).

The killings and arrests represent a serious deterioration in the environment for free expression and assembly in the Papua region. 1 May is commemorated every year in Papua, however during last year’s events the police reaction, though repressive, was far less violent. Around 13 people were arrested for their participation in the raising of the Papuan Morning Star flag during a demonstration on 1 May 2012.[2] 11 were released without charge, whereas Darius Kogoya and Timur Wakerkwa were convicted of treason and are still serving prison sentences.[3]

On 30 April, at around 17:00 East Indonesia time, community members of Aimas district in Sorong gathered at the house of Isak Klaibin, where they planned to commemorate the 1 May anniversary. Credible reports from human rights sources state that military and police forces in four vehicles arrived a few hours later and surrounded the house. The security forces proceeded to fire several warning shots, which agitated the demonstrators who then proceeded towards the vehicles.[5]When this happened, the security forces fired into the crowd for twenty minutes, causing the deaths of two activists, Apner Malagawak and Thomas Blesia.[6]  Salomina Klaibin, the sister of Isak Klaibin, was shot in the stomach and shoulder and died in hospital a few days later. At least two other demonstrators were injured, with one reportedly in a critical condition. At least seven activists have been arrested following this incident and charged with treason.[7] Yan Christian Warinussy, Director of the Institute of Research, Analysis and Development for Legal Aid (LP3BH) which is accompanying the seven activists has stated that the police have attempted to hinder their access to legal counsel, citing Article 115 of the Indonesian Criminal Procedure Code, which states that while lawyers may observe the interrogation of treason suspects, they may not actually hear what is being said. According to Warinussy, police do not normally invoke this Article in such cases.

In Timika on 1 May a group of indigenous Papuans conducted a ceremony at which the Morning Star flag was raised. The flag is a symbol of Papuan identity which is allowed under the Special Autonomy Law governing the Indonesian provinces of Papua and West Papua, but forbidden under government regulation 77/2007. The flag-raising resulted in the arrests of 16 people who are currently at risk of torture,[8] with reports that ten of the detainees face treason charges.[9] Five demonstrators were reportedly injured when police opened fire during the flag-raising ceremony.[10]

In Abepura, the West Papua National Committee (Komisi Nasional Papua Barat, KNPB) leader for Sorong district, Martinus Yohami, was arrested on 1 May while giving a speech during a peaceful demonstration.[12] It is not known what he is being charged with.

Markus Yenu, a human rights activists and a leader of the West Papua National Authority (WPNA) in Manokwari, has been consistently targeted for his involvement in political activities and leading demonstrations. On 1 May, police moved to arrest him during a commemorative march in Jayapura, but protestors positioned themselves between Yenu and the police, allowing him to disappear into the crowd.[13] It is believed that he is now in hiding. 

On 13 May, protestors gathered outside the Cenderawasih University in preparation to march. The authorities responded by arresting KNPB leader Victor Yeimo and three other activists; Yongky Ulimpa, Ely Kobak and Marten Manggaprouw, when Yeimo attempted to negotiate with the police to allow the march to proceed. Cenderawasih University student Markus Giban was arrested and has suffered a broken arm from being reportedly tortured by Jayapura police.[15] Three of the activists have reportedly been released however Yeimo has been transferred to Abepura prison, allegedly in relation to a previous case.[16] There have also been reports that following the arrests of the four activists, police used excessive force against the crowd of demonstrators, severely beating them and destroying several motorcycles during an attempt to disperse the protestors.[17] Local activists also report that since this event, police have been clamping down on civilians in Sentani, Abepura and Jayapura city, mobilising tanks and police vehicles, and are said to be carrying teargas equipment[18] and water cannons.[19]

People arrested for political activity and protest in Papua are frequently tortured. During 2012 at least 28 political arrests reportedly involved torture, with victims variously blindfolded, beaten, gagged, threatened with death, and subjected to electric shocks.[21] Many of the cases of torture happen when the detainee is in police detention during interrogation and trial.