• Campaigns

Indonesia: Further information on fear of ill-treatment / possible prisoner of conscience

, Index number: ASA 21/093/1998

Don A L Flassy, Agustinus Ansanai, Baas Yufuwai, Laurence Mehuwe, Sam Yaru and new name: Theys Eluay: AI has learnt that Don Flassy, Agustinus Ansanai, Baas Yufuwai, Laurence Mehuwe and Sam Yaru, all of whom remain in police custody, have now had access to independent legal counsel. Don Flassy has been charged and is facing trial for acts of rebellion and attempts to separate part of the state. On 6 October 1998, Theys Eluay was arrested in connection with the same case and does not have access to any lawyer.

PUBLIC AI Index: ASA 21/93/98
6 October 1998
Further information on UA 260/98 (ASA 21/90/98, 1 October 1998) and follow-up
(ASA 21/91/98, 2 October 1998) - Fear of ill-treatment/possible prisoner of
conscience
INDONESIADon A L Flassy (correct spelling)
Agustinus Ansanai
Baas Yufuwai (correct spelling)
Laurence Mehuwe
Sam Yaru
Theys Eluay (new name)
Amnesty International has learnt that Don Flassy, Agustinus Ansanai, Baas
Yufuwai, Laurence Mehuwe and Sam Yaru, all of whom remain in police custody
in Jayapura, have now had access to independent legal counsel. Amnesty
International remains concerned that they are being detained for their peaceful
activities in supporting dialogue on the status of Irian Jaya, or West Papua.
Don Flassy is the only one of the group who appears to have been charged. He
is facing trial under article 110 of the Indonesian Criminal Code which covers
acts of rebellion and attempts to separate part of the state. His arrest is
based on his involvement in the West Papuan Independence Committee (Komite
Independen Papua Barat) which issued invitations in Jayapura for a meeting
to discuss the status of the province.
On 6 October 1998, another man was arrested in connection with the same case.
Theys Eluay is the head of the official Irian Jaya Customary Council and a
leader of the people in Sentani, Jayapura and a former MP. In recent months,
Theys Eluay has become actively involved in efforts to hold dialogue on the
status of Irian Jaya. He was believed to be planning to hold a ceremony on
7 October in which he would hand himself over to the police in a bid to secure
the release of the five men above. He has been arrested under Articles 110
of the Criminal Code, Article 169 (which punishes those in associations with
“intent to commit crimes”, or members of organizations which are prohibited
or which have the “intent to commit crimes”); Article 155 relating to the public
display of hatred towards the government; and Article 310 relating to slander.
Lawyers attempting to visit Theys Eluay in police custody on 6 October were
told by the police that they could not meet with him because they would interrupt
the interrogation which was currently underway. Amnesty International is
concerned for his safety and that he appears to be detained for his peaceful
activities.
Two students were taken into custody and interrogated in connection with the
planned meeting. The two, Marthinus Werimon and Ronald Tapilatu, were arrested
on 2 October and told that they were wanted as “witnesses”. They were
interrogated in police custody, but military intelligence were involved in
the interrogation. They have since been released, but Amnesty International
is concerned that other individuals are at risk of arbitrary arrest as the
authorities attempt to gather information about the meeting.
FURTHER RECOMMENDED ACTION: Please send telegrams/faxes/express/airmail
letters in Bahasa Indonesia or English or in your own language:
2
- urging the authorities to clarify the charges against Agustinus Ansanai,
Baas Yufuwai, Laurence Mehuwe and Sam Yaru and to release the four and Don
Flassy if they are being held for their peaceful political activities;
- urging the government to grant Theys Eluay with immediate, on-going and regular
access to legal representation of his choice and to ensure that he is not at
risk of ill-treatment in custody;
- urging the authorities to ensure that there are no further arrests of
individuals on the basis of their peaceful activities in connection with
attempts to organise meetings in Jayapura on the status of Irian Jaya;
- reminding the government of Indonesia of its commitment to the Universal
Declaration of Human Rights, in particular Article 19: “Everyone has the right
to freedom of opinion and expression.”
APPEALS TO:
Please note that fax tones to Indonesia can be difficult to obtain. Tones
may be more readily available during office hours local time in Jayapura, which
is GMT +9 hours.
Military Commander Region VIII/Trikora,(covers Irian Jaya)
Maj. Gen. Amir Sembiring
Pangdam VIII/Trikora
Markas Besar KODAM VIII/Trikora
Jayapura
Irian Jaya
Indonesia
Telegrams: Pangdam VIII/Trikora, Jayapura, Indonesia
Faxes: + 62 967 31642 / 967 34836
Salutation: Dear Major General
COPIES TO:
Chief Of Police For Irian Jaya
Brig. Gen. (Pol.) Hotman Siagian
Kapolda Irian Jaya
Jayapura
Irian Jaya
Indonesia
Faxes: + 62 967 33763
and to diplomatic representatives of Indonesia accredited to your country.
PLEASE SEND APPEALS IMMEDIATELY. Check with the International Secretariat,
or your section office, if sending appeals after 17 November 1998.
"Everyone has the right to freedom of opinion and expression."
Article 19, Universal Declaration of Human Rights
Visit the Amnesty International UDHR campaign website on http://www.amnesty.excite.com

Choose a language to view report