Verdict in treason trial against 23 Papuan political detainees in Fakfak

On 1 December 2019, members of the Police Mobile Brigade Special Unit (Brimob) and 1803 Fakfak District Military Command arrested 54 indigenous Papuans (see photo, source: independent human rights defenders) in multiple villages located in the districts Kayauni and Kramonmongga, Fakfak Regency. The Fakfak police pressed charges against 23 of them. The trials against the 23 defendants began on 18 June 2020. On 22 and 23 October 2020, judges of the Fakfak District court found the 23 defendants guilty in the sense of the indictment. The sentences varied between eleven and 24 months, to be reduced by the period of detention (see table below).

The publkic prosecutor appealed against the judges verdict against eight political prisoners, namely Alfaris Herietrenggi, Herman Bahba, Eliezer Herietrenggi, Leonard Tigtigweria, Rizak Heremba, Abdon Tigtigweria, Nelson Hegemur and Yesnel Bahba.

According to local human rights defenders, the joint security forces used excessive force against multiple villagers who had raised the Morning Star flag in Warpa village, Kayauni, 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. The police seized morning star flags, money, machetes and traditional weapons such as bows, arrows and spears.

Table with names, indictments and verdicts of 23 political prisoners in Fakfak

No.

Name

Age

Indictment

Verdict

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

12 months reduced by the period of detention

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

12 months reduced by the period of detention

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

12 months reduced by the period of detention

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

12 months reduced by the period of detention

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

12 months reduced by the period of detention

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

12 months reduced by the period of detention

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

12 months reduced by the period of detention

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

15 months reduced by the period of detention

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

12 months reduced by the period of detention

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

12 months reduced by the period of detention

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 months reduced by the period of detention

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

11 months reduced by the period of detention

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

12 months reduced by the period of detention

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

12 months reduced by the period of detention

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

12 months reduced by the period of detention

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

12 months reduced by the period of detention

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

12 months reduced by the period of detention

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

12 months reduced by the period of detention

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

12 months reduced by the period of detention

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

12 months reduced by the period of detention

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

12 months reduced by the period of detention

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

18 months reduced by the period of detention

23

Elieser Herietrenggi

56

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

2. Indictment: Article 106 on Treason in conjunction with Emergency Law No. 12/1951 on the possession or use of stabbing, striking and slashing weapons

3. Indictment: Article 160 on Incitement

24 months reduced by the period of detention