E/CN.4/2000/4/Add.2
page 16
for the Struggle of Indonesian Workers (Pusat Perjuangan Buruh Indonesia
(PPBI)). Fourteen members of these and two other organizations 6 were
arrested between July and September 1996 and initially accused of involvement
in riots which shook Jakarta in July 1996 in response to a raid on the offices
of the Indonesian Democratic Party (PDI). The PRD prisoners were charged
under the Anti-Subversion Law of 1963 and article 154 of the Penal Code.
After no evidence linking these prisoners to the riots could be found, they
were accused of involvement in peaceful activities. It should be added that,
after their arrest, most of them were detained incommunicado for at least
several days and were denied immediate access to legal assistance; they were
not shown arrest warrants. At their trial, the court refused to admit many of
the witnesses they had called in their defence, and the legal representatives
of some of them were denied the right to cross-examine prosecution witnesses.
All of the accused were called to testify against each other and not informed
of their right to refuse to do so.
62.
The sentences against the PRD activists, eight of whom remain in
detention,7 were amongst the heaviest pronounced against prisoners of
conscience in Indonesia in a long time. Based on its interviews with these
detainees, the Working Group considers that they were convicted and
incarcerated for the peaceful expression of their political views and that, in
addition, they were not accorded a fair trial.
Detention of individuals participating in symbolic flag-raising ceremonies
in Irian Jaya
63.
In Jakarta, the Group met with representatives of the Protestant Church
in Irian Jaya, as well as with NGO representatives from this province. It was
informed that a group of people were arrested in late summer and early
autumn 1998 for their role in symbolic flag-raising ceremonies which took
place at Wamena, in the province of Irian Jaya, from 6 to 8 July 1998.
Similar events took place outside the parliament building in Jayapura, as well
as on the island of Biak and in Sorong. Thereafter, 10 individuals were
arrested in Wamena on 6 and 7 August 1998 and were all charged under
article 106 of the Criminal Code (Crimes against the security of the State).8
The charges against them include planning the ceremony, manufacturing the West
Papuan flag and banners, raising the flag and being present during the peaceful - flag-raising ceremony. Most were not shown a warrant until
24 hours after their arrest; all were refused access to lawyers during
interrogation in pre-trial detention. Their trials started in December 1998.
64.
Another group of individuals faces trial on Biak, following a
flag-raising ceremony in July 1998 which was dispersed by the security forces.
From 2 to 6 July 1998, public demonstrations took place at the Community
Health Centre near Biak Port. Led by Filip Jakob Samuel Karma, an employee of
the regional government, people gathered to demand independence for the
province. In the early morning of 6 July 1998, troops opened fire on hundreds
of unarmed demonstrators and took over 100 individuals into custody, most of
whom were released shortly thereafter. The individuals currently facing trial
were arrested without warrants. All of them were charged under article 106 of
the Criminal Code and many face subsidiary charges under article 154 of the
Criminal Code. 9 Military forces were involved in the arrest of these
individuals, many of whom were interrogated without legal representation.
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