https://asiapacificreport.nz/2020/04/25/jakarta-court-finds-activists-guilty-of-treason-for-holding-papuan-protest/




<https://asiapacificreport.nz/2020/04/25/jakarta-court-finds-activists-guilty-of-treason-for-holding-papuan-protest/>
Jakarta court finds 6 activists guilty of treason for holding Papuan protest

By *Pacific Media Watch*
<https://asiapacificreport.nz/author/pacific-media-watch/> -

April 25, 2020

[image: Papuan protesters]
<https://asiapacificreport.nz/wp-content/uploads/2020/04/Papuan-protesters-JP-680wide.png>Marginalised
.... Wearing traditional headdress, Papuan human rights activists Ambrosius
Mulait (left) and Dano Tabuni at the start of their trial in the Central
Jakarta District Court. The two were among six facing charges of treason
for flying the Bintang Kejora (Morning Star) flag during a rally outside
the State Palace last August. Image: Seto Wardhana/Jakarta Post

*By Galih Gumelar in Jakarta*

A panel of judges at the Central Jakarta District Court have found six
activists guilty of committing treasonous acts for holding a protest in
support of Papuan independence
<https://www.thejakartapost.com/news/2019/08/28/emboldened-papuan-students-raise-morning-star-flags-before-state-palace.html>
in
front of the Presidential Palace in Jakarta in last August.

The bench handed prison sentences to the activists – Indonesian People’s
Front for West Papua (FRI-West Papua) spokesperson Surya Anta and students
Charles Kossay, Deno Tabuni, Isay Wenda, Ambrosius Mulait and Arina Elopere
– during a virtual verdict hearing on Friday afternoon.

All activists were handed a nine-month prison sentence, except for Wenda
who was punished with eight months’ imprisonment.

*READ MORE:* Activists say protest supporting Papua not act of treason
<https://www.thejakartapost.com/news/2019/12/20/activists-say-protest-supporting-papua-not-act-of-treason.html>



Judges said during the session that all defendants had violated Article 110
in relation to Article 106 of the Criminal Code Law (KUHP) for conspiring
to promote “secession”.

“All defendants are found guilty of a collective act of treason,” said
presiding judge Agustinus Setyo Wahyu reading the verdict during the
session.

The sentence is lower than the one year and five months in prison demanded
by prosecutors

Elopere, the one female accused, was found guilty of waving the banned *Bintang
Kejora (Morning Star)* flag, which has come to symbolise the Papuan
independence movement. She also danced and sang a song with the lyrics, “We
are not red and white [the colours of the Indonesian flag],” during the
protest on August 28 last year.

The bench also found Tabuni guilty of treason in the form of a speech at
the same protest, where he demanded that the government immediately hold a
Papuan independence referendum.

*Sentence reduced for two*
Elopere and Tabuni will only serve one month in prison as the bench decided
to cut their sentence given that they had served a period of detention
during the investigation, which started in September last year
<https://www.thejakartapost.com/news/2019/09/07/after-rallying-to-support-papua-protestors-jailed-forced-to-listen-to-patriotic-songs.html>
..

The remaining activists were found guilty of attending the protest and
voicing their opinions over demanding the independence referendum for
Papuans.

The defendants’ lawyer, Oky Wiratama, said she was disappointed with the
verdicts and questioned the process.

“[The verdict stated that] treasonous acts have pros and cons in addition
to containing political substance, so the treason charges can be misused by
the government to oppress its citizens.”

“If the judges were in doubt, I think the best way to resolve the case
would have been to not impose a prison sentence for the defendants. They
should be free of charges,” Wiratama told *The Jakarta Post *after the
trial.

She added her team would deliberate the case for seven days before deciding
whether to appeal.

Amnesty International Indonesia director Usman Hamid echoed Oky, saying the
treason charges might have been misused by the government against
individuals who should never have been arrested or detained in the first
place.

*‘**Peaceful protest’*
“The six who were sentenced today did nothing but attend a peaceful
protest, enjoying their rights to freedom of expression and assembly. It is
appalling that they had been in detention since August 2019, awaiting a
verdict on such blatantly abusive charges,” Hamid said in a statement.

He urged the government to immediately release the activists.

Freedom of expression and peaceful assembly were rights protected under
international law and the Constitution, Hamid added.

“No one should ever have to suffer this treatment for peacefully attending
a protest, and it is high time that Indonesia stops criminalising Papuans
under treason provisions.”

*Jakarta Post articles are republished by the Pacific Media Centre and
Pacific Media Watch with permission.*

Kirim email ke