Update on trial against 23 defendants in Fakfak arrested during 1st December Commemorations and accused of treason and criminal conspiracy

  • Print

Multiple trials against 23 indigenous Papuans are ongoing at the Fakfak District Court since 18 June 2020. The defendants have been accused of committing crimes against state security. They are tried under various indictments, among them Article 106 of the Indonesian Criminal Code (KUHP) on treason, Article 110 KUHP on criminal conspiracy, Article 160 KUHP on incitement and Emergency Law No. 12/1951 on the possession or use of stabbing, striking and slashing weapons (see table below). The 23 defendants are represented in court by the Manokwari Institute for Research Study and Development of Legal Aid (LP3BH Manokwari), the Kaki Abu Legal Aid Institute in Sorong (LBH Kakia ABU), ELSHAM Papua as well as two additional local law offices.

On 1 December 2019, members of the Police Mobile Brigade Special Unit (Brimob) and 1803 Fakfak District Military Command arrested 54 indigenous Papuans in the districts Kayauni and Kramonmongga of Fakfak Regency. According to local human rights defenders, the joint security forces used excessive force against some villagers in Warpa village, Kayauni, who had raised the Morning Star flag in commemoration of 1st December, which many indigenous Papuans regard as the ‘Papuan Independence Day’.

After the raid in Warpa, the joint security forces arrested more suspects in the villages Mambuni-Buni and Pikpik (see intro image). The police seized morning star flags, money, machetes and traditional weapons such as bows, arrows and spears.

Table of defendants standing trial at the Fakfak District Court, Papua Barat Province

No.

Name

Age

Indictment

1

Yance Hegemur

49

1. Indictment: Article 106 on Treason in conjunction with Article 55

2. Indictment: Article 106 on Treason in conjunction with Article 54

3. Indictment: Article 110 on Criminal Conspiracy in conjunction with Articles 55

4. Indictment: Emergency Law No. 12/1951 on the possession or use of stabbing, striking and slashing weapons

2

Korneles Tigtigweria

34

1. Indictment: Article 106 on Treason in conjunction with Article 55

2. Indictment: Article 106 on Treason in conjunction with Article 54

3. Indictment: Article 110 on Criminal Conspiracy in conjunction with Articles 55

4. Indictment: Article 110 on Criminal Conspiracy in conjunction with Articles 54

5. Indictment: Emergency Law No. 12/1951 on the possession or use of stabbing, striking and slashing weapons

3

Herman Bahba

37

1. Indictment: Article 106 on Treason

2. Indictment: Emergency Law No. 12/1951 on the possession or use of stabbing, striking and slashing weapons

3. Indictment: Article 160 on Incitement

4

Leonard Tigtigweria

38

1. Indictment: Article 106 on Treason

2. Indictment: Emergency Law No. 12/1951 on the possession or use of stabbing, striking and slashing weapons

3. Indictment: Article 160 on Incitement

5

Efernandus Billy Wagab

23

1. Indictment: Article 106 on Treason in conjunction with Article 55

2. Indictment: Article 106 on Treason in conjunction with Article 54

3. Indictment: Article 110 on Criminal Conspiracy in conjunction with Articles 55

4. Indictment: Article 110 on Criminal Conspiracy in conjunction with Articles 54

5. Indictment: Emergency Law No. 12/1951 on the possession or use of stabbing, striking and slashing weapons

6

Rizak Heremba

46

1. Indictment: Article 106 on Treason

2. Indictment: Emergency Law No. 12/1951 on the possession or use of stabbing, striking and slashing weapons

3. Indictment: Article 160 on Incitement

7

Alfaris Herietrenggi

35

1. Indictment: Article 106 on Treason

2. Indictment: Emergency Law No. 12/1951 on the possession or use of stabbing, striking and slashing weapons

3. Indictment: Article 160 on Incitement

8

Soleman Herietrenggi

30

1. Indictment: Article 106 on Treason

2. Indictment: Emergency Law No. 12/1951 on the possession or use of stabbing, striking and slashing weapons

3. Indictment: Article 160 on Incitement

9

Abdon Tigtigweria

39

1. Indictment: Article 106 on Treason in conjunction with Article 55

2. Indictment: Article 106 on Treason in conjunction with Article 54

3. Indictment: Article 110 on Criminal Conspiracy in conjunction with Articles 55

4. Indictment: Article 110 on Criminal Conspiracy in conjunction with Articles 54

5. Indictment: Emergency Law No. 12/1951 on the possession or use of stabbing, striking and slashing weapons

10

Yesnel Bahba

40

1. Indictment: Article 106 on Treason

2. Indictment: Emergency Law No. 12/1951 on the possession or use of stabbing, striking and slashing weapons

3. Indictment: Article 160 on Incitement

11

Eli Tigtigweria

47

1. Indictment: Article 106 on Treason in conjunction with Article 55

2. Indictment: Article 106 on Treason in conjunction with Article 54

3. Indictment: Article 110 on Criminal Conspiracy in conjunction with Articles 55

4. Indictment: Article 110 on Criminal Conspiracy in conjunction with Articles 54

5. Indictment: Emergency Law No. 12/1951 on the possession or use of stabbing, striking and slashing weapons

12

Zet Alfin Patiran

18

1. Indictment: Article 106 on Treason in conjunction with Article 55

2. Indictment: Article 106 on Treason in conjunction with Article 54

3. Indictment: Article 110 on Criminal Conspiracy in conjunction with Articles 55

4. Indictment: Article 110 on Criminal Conspiracy in conjunction with Articles 54

5. Indictment: Emergency Law No. 12/1951 on the possession or use of stabbing, striking and slashing weapons

13

Enggel Tigtigweria

45

1. Indictment: Article 106 on Treason in conjunction with Article 55

2. Indictment: Article 106 on Treason in conjunction with Article 54

3. Indictment: Article 110 on Criminal Conspiracy in conjunction with Articles 55

4. Indictment: Article 110 on Criminal Conspiracy in conjunction with Articles 54

5. Indictment: Emergency Law No. 12/1951 on the possession or use of stabbing, striking and slashing weapons

14

Bernadus Herietrenggi

33

1. Indictment: Article 106 on Treason in conjunction with Article 55

2. Indictment: Article 106 on Treason in conjunction with Article 54

3. Indictment: Article 110 on Criminal Conspiracy in conjunction with Articles 55

4. Indictment: Article 110 on Criminal Conspiracy in conjunction with Articles 54

5. Indictment: Emergency Law No. 12/1951 on the possession or use of stabbing, striking and slashing weapons

15

Kaleb Hegemur

30

1. Indictment: Article 106 on Treason in conjunction with Article 56

2. Indictment: Article 106 on Treason in conjunction with Articles 54 & 56

3. Indictment: Article 110 on Criminal Conspiracy in conjunction with Articles 55

4. Indictment: Article 110 on Criminal Conspiracy in conjunction with Articles 54 &56

5. Indictment: Emergency Law No. 12/1951 on the possession or use of stabbing, striking and slashing weapons

16

Petrus Temongmere

38

1. Indictment: Article 106 on Treason in conjunction with Article 55

2. Indictment: Article 106 on Treason in conjunction with Article 54

3. Indictment: Article 110 on Criminal Conspiracy in conjunction with Articles 55

4. Indictment: Emergency Law No. 12/1951 on the possession or use of stabbing, striking and slashing weapons

17

Hendrik Herietrenggi

34

1. Indictment: Article 106 on Treason in conjunction with Article 55

2. Indictment: Article 106 on Treason in conjunction with Article 54

3. Indictment: Article 110 on Criminal Conspiracy in conjunction with Articles 55

4. Indictment: Article 110 on Criminal Conspiracy in conjunction with Articles 54

5. Indictment: Emergency Law No. 12/1951 on the possession or use of stabbing, striking and slashing weapons

18

Etus Bahba

33

1. Indictment: Article 106 on Treason in conjunction with Article 55

2. Indictment: Article 106 on Treason in conjunction with Article 54

3. Indictment: Article 110 on Criminal Conspiracy in conjunction with Articles 55

4. Indictment: Article 110 on Criminal Conspiracy in conjunction with Articles 54

5. Indictment: Emergency Law No. 12/1951 on the possession or use of stabbing, striking and slashing weapons

19

Heret Patiran

43

1. Indictment: Article 106 on Treason in conjunction with Article 55

2. Indictment: Article 106 on Treason in conjunction with Article 54

3. Indictment: Article 110 on Criminal Conspiracy in conjunction with Articles 55

4. Indictment: Article 110 on Criminal Conspiracy in conjunction with Articles 54

5. Indictment: Emergency Law No. 12/1951 on the possession or use of stabbing, striking and slashing weapons

20

Herens Martinus Lumatalale

44

1. Indictment: Article 106 on Treason in conjunction with Article 55

2. Indictment: Article 106 on Treason in conjunction with Article 54

3. Indictment: Article 110 on Criminal Conspiracy in conjunction with Articles 55

4. Indictment: Article 110 on Criminal Conspiracy in conjunction with Articles 54

5. Indictment: Emergency Law No. 12/1951 on the possession or use of stabbing, striking and slashing weapons

21

Erick Tigtigweria

23

1. Indictment: Article 106 on Treason in conjunction with Article 55

2. Indictment: Article 106 on Treason in conjunction with Article 54

3. Indictment: Article 110 on Criminal Conspiracy in conjunction with Articles 55

4. Indictment: Article 110 on Criminal Conspiracy in conjunction with Articles 54

5. Indictment: Emergency Law No. 12/1951 on the possession or use of stabbing, striking and slashing weapons

22

Nelson Hegemur

49

1. Indictment: Article 106 on Treason in conjunction with Article 55

2. Indictment: Article 106 on Treason in conjunction with Article 54

3. Indictment: Article 110 on Criminal Conspiracy in conjunction with Articles 55

4. Indictment: Article 110 on Criminal Conspiracy in conjunction with Articles 54

23

Heret Patiran

43

1. Indictment: Article 106 on Treason in conjunction with Article 55

2. Indictment: Article 106 on Treason in conjunction with Article 54

3. Indictment: Article 110 on Criminal Conspiracy in conjunction with Articles 55

4. Indictment: Article 110 on Criminal Conspiracy in conjunction with Articles 54

5. Indictment: Emergency Law No. 12/1951 on the possession or use of stabbing, striking and slashing weapons