# Papuan Legal Aid Institute is concerned about the health condition of political detainees in Jayapura

**Publisher:** [Human Rights Monitor](https://humanrightsmonitor.org)
**Document ID:** HRM-CAS-010-2022
**Document Type:** Case
**Document URL:** https://humanrightsmonitor.org/case/papuan-legal-aid-institute-concerned-about-health-condition-of-political-detainees-in-jayapura/
**Issues:** security force violence | human rights defenders
**Publication Date:** February 16, 2022
**Tags:** Indonesia | West Papua

## Summary
Eight Papuan activists: Malvin Yobe, Devio Tekege, Ambros Elopere, Maksi You, Paul Sode Hilapok, Luis Sitok, Ernesto Matuan, and Melvin Waine were arrested for raising the Morning Star flag in front of the sports hall (GOR) in Jayapura 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. On 30 January 2022, the police extended the period of detention for another 30 days. Prior to the arrest, Melvin Yobe was undergoing a pulmonary treatment program, while Sode Hilapok was suffering from hemorrhoids. Their health condition of Mr Malvin Yobe and Mr Paul Sode  reportedly deteriorated in late January 2022. Mr Hilapok was once permitted to see a doctor while Mr Yobe has not yet received any medical treatment. The trial started at the Jayapura District Court in April 2022 but the first court hearing was adjourned. The trial has finally started on 17 May 2022.
On 29 August 2022, judges at the Jayapura District Court found the eight men guilty of treason as regulated under Article 106 of the Indonesian Criminal Code (KUHP). Previously, the public prosecutor demanded a sentence of one year while the lawyers had pleaded for acquittal for the defendants.

## Detailed Case Narrative
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).

### **Background**
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, 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](https://humanrightspapua.org/resources/nlaw/otsus/). 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.”

## Incident Period & Location
- **Start Date:** December 1, 2021
- **End Date:** December 1, 2021
- **Period Type:** Single Day
- **Reference Date:** December 1, 2021 (used for chronological ordering)
- **Location:** - GOR Cenderawasih
- **Geographic Coordinates (WGS84):** -2.5325575933803, 140.70865931607
- **Google Maps:** https://maps.google.com/?q=-2.5325575933803,140.70865931607
- **Administrative Regions:**
  - **Region 1:** Indonesia (Country) > Papua Province (Province) > Jayapura (City)
  - **Region 2:** Indonesia (Country) > Papua (Province) > Jayapura (City)

## Victims
**Total number of victims:** 8

| Count | Name | Age | Gender | Groups | Violations |
|-------|------|-----|--------|--------|------------|
| 1 person | Malvin Yobe | 28 years (exact) | male | Activist | arbitrary detention, freedom of expression, torture, criminalisation |
| 1 person | Devio Tekege | 26 years (exact) | male | Activist | arbitrary detention, freedom of expression, criminalisation |
| 1 person | Ambros Elopere | 22 years (exact) | male | Activist | arbitrary detention, freedom of expression, criminalisation |
| 1 person | Maksi You | 19 years (exact) | male | Activist | arbitrary detention, freedom of expression, criminalisation |
| 1 person | Paul Sode Hilapok | 25 years (exact) | male | Activist | arbitrary detention, freedom of expression, torture, criminalisation |
| 1 person | Luis Sitok | 19 years (exact) | male | Activist | arbitrary detention, freedom of expression, criminalisation |
| 1 person | Ernesto Matuan | 21 years (exact) | male | Activist | arbitrary detention, freedom of expression, criminalisation |
| 1 person | Melvin Waine | 25 years (exact) | male | Activist | arbitrary detention, freedom of expression, criminalisation |

## Perpetrators
**Perpetrator Category Paths:**
- **Category 1:** Republic Indonesia > Indonesian Security Forces > Indonesian Police

- **Perpetrator Description:** unknown