Mr Emanuel Gobay, the director of the Papuan Legal Aid Institute (LBH Papua), has expressed concerns about the health condition of two political detainees at the Papua Regional Police (Polda Papua) headquarters. The health condition of Mr Malvin Yobe and Mr Paul Sode Hilapok reportedly deteriorated in late January 2022. Meanwhile, Mr Hilapok was once permitted to see a doctor after experiencing a haemorrhoid infection while Mr Yobe continues to be prevented from receiving medical treatment. LBH Papua called upon the Papuan Police Chief to ensure the right to health for the Papuan activists during detention.
According to Emanuel Gobay, Mr Yobe was undergoing long-term medical treatment of his lungs at the time of the arrest. The treatment was not continued as police investigators did not allow access to medical treatments for the eight activists. Mr Gobay had informed the investigator about Mr Yobe’s health condition. However, the officer did not undertake steps to ensure the medical treatment for him.
LBH Papua represents the view that the police investigator is unnecessarily prolonging the detention because the evidence against the eight activists is not sufficient to submit the case to the public prosecutor. On 30 January 2022, the police extended the period of detention for another 30 days. Mr Gobay elaborated that the students’ peaceful protest on 1 December 2021 did not meet the legal requirements of treason or criminal conspiracy as stipulated in the Indonesian Criminal Code (KUHP).
The Papuan activists: Malvin Yobe (28 years), Devio Tekege (26 years), Ambros Elopere (22 years), Maksi You (19 years), Paul Sode Hilapok (25 years), Luis Sitok (19 years), Ernesto Matuan (21 years), and Melvin Waine (25 years) were arrested for raising the Morning Star flag in front of the sports hall (GOR) in Jayapura see photo, source: independent HRDs) on 1 December 2021. The police charged the activists with Articles 106 KUHP on treason and Article 110 KUHP on criminal conspiracy against the state. The Morning Star is a symbol of cultural identity in West Papua which is also used by the independence movement as a national symbol.
The police prosecuted the activists regardless of Article 2 (2) of Law No 21/2001 on the Special Autonomy for the Papua Province. The Article stipulates that “The Papua Province may have Regional Symbols as its greatness and grandeur banner and cultural symbol for the greatness of the Papuans’ identity in the form of the regional flag and regional hymn which are not positioned as sovereignty symbols.”
Detailed Case Data
name of the location: GOR Cenderawasih (-2.5325575933802646, 140.70865931606596) administrative region: Indonesia, Papua Province, Kota Jayapura
total number of victims: 8
period of incident: 01.12.2021
perpetrator details: unknown
Issues: arbitrary detention, freedom of opinion and expression, torture
Further HRM News: https://www.suara.com/news/2021/12/08/135048/benny-wenda-tuntut-indonesia-bebaskan-8-mahasiswa-pengibar-bendera-bintang-kejora
|Number||Name, Details||Gender||Age||Group Affiliation||Violations|
|1||Malvin Yobe||male||28||activists||arbitrary detention, freedom of opinion and expression, torture|
|1||Devio Tekege||male||26||activists||arbitrary detention, freedom of opinion and expression|
|1||Ambros Elopere||male||22||activists||arbitrary detention, freedom of opinion and expression|
|1||Maksi You||male||19||activists||arbitrary detention, freedom of opinion and expression|
|1||Paul Sode Hilapok||male||25||activists||arbitrary detention, freedom of opinion and expression, torture|
|1||Luis Sitok||male||19||activists||arbitrary detention, freedom of opinion and expression|
|1||Ernesto Matuan||male||21||activists||arbitrary detention, freedom of opinion and expression|
|1||Melvin Waine||male||25||activists||arbitrary detention, freedom of opinion and expression|