Answers of Dr. U. Rosenthal, Dutch Minister of Foreign Affairs to the questions from Member of Parliament Van Bommel (Socialist Party) to the Minister of Foreign Affairs about the conviction of five Papuans in Indonesia.
16 April 2012
Translation Pro Papua
Question 1
Are you familiar with the article ‘Indonesia: Five Papuans convicted for peaceful protest’ of Human Rights Organization Human Rights Watch? (1)
Answer
Yes
Question 2
Do you share the opinion of Human Rights Watch that the conviction of the five Papuans is politically motivated and that the charges made against the five individuals should be withdrawn? If not, why not?
Answer
The five men were convicted because of a declaration of the independence of Papua during the closing of the third Papuan Congress on October 19th 2011. The verdict states that the declaration read by them is considered as an attempt for high treason, because this was aimed at undermining the territorial integrity of the Indonesian Republic. On Monday March 19th the defence attorney appealed because the prosecution insufficiently proved high treason. I am waiting for the verdict in the appeal.
Question 3
Did the five Papuans receive a fair trial in your opinion? Could you exemplify your answer?
Answer
See my answer to Question number 2
Question 4.
Do you consider these prisoners as prisoners of conscience? If not, why not?
Answer
See my answer to Question number 2
Question 5
Are you willing to take a stand against the conviction of the five Papuans towards the Indonesian authorities? If not, why not?
Answer
As mentioned before, justice is done after the appeal.
Question 6
Is it correct that the detained Papuans, while awaiting and during their trial, were kicked and beaten by the police officers?
Answer
According to human rights organisations and according to the lawyers of the prisoners they were beaten during their arrest. According to the same sources they would have been treated relatively well during detention and during the trial.
Question 7
How many Papuans are currently being detained for political reasons in Indonesia?
Answer
Several sources, among which human rights organisations, give different numbers, varying from three up to 32 persons.
Question 8
Is it correct that during the demonstration, where the five Papuans were arrested, three remained dead and ninety people were wounded? How do you judge the actions of the Indonesian authorities towards the protesters? Do you share the opinion of Human Rights Watch that their amount of violence during these government actions was excessive? If not, why not?
Answer
The National Human Rights Organisation KomnasHam and also Human Rights Watch have conducted a first survey into the events taken place on October 19th last at the end of the Third Papuan Congress. Furthermore the Indonesian government also started an investigation. The surveys confirm that three people died in the direct environment of the Congress, but the circumstances under which they died remain unclear. The authorities involved state that the violence that was used remains within standards agreed upon. The Netherlands expressed its concern towards the Indonesian authorities.
Question 9
Is it correct that, except for internal disciplinary sanctions, no measures were taken against the offenders of violence? If so, how do you judge this? If not, what are the facts?
Answer
The police force was responsible for the safety measures during the Papuan Congress. The police declared that disciplinary sanctions, among which degradation and penal translocation, were inflicted due to incorrect behaviour towards the end of the Congress. It remains unknown how many people were involved.
Question 10
Do you share the opinion of Humans Rights Watch that the Indonesian penal code, based upon which the Papuans are jailed, is contradictory to the freedom of speech, as stated in the Indonesian constitution and international treaties where Indonesia is a legitimate party?
Answer
Criminal law in Indonesia largely finds its origin in the Dutch-Indies era and is still not in accordance with international conventions ratified by Indonesia, such as the International treaty about civil rights and political rights (BuPo). As a result some parts do not correspond to international obligations, for example when it comes to freedom of speech. An adjustment of the law is being worked upon.
Question 11
Is it correct that a lawyer of the convicted Papuans, Gustav Kawer, was threatened with prosecution? (2) If so, does this threat have any connection with the trial?
Answer
That is not known to me. I do know that the lawyer mentioned made remarks towards the prosecutor during the session of February 21st last which were considered offensive. The prosecution, without giving further details, asked for the transcription of the earlier session in the subsequent session, because a criminal fact would have occurred there. No charges were made as far as we know.
Question 12
Are you willing to urge with the Indonesian authorities to conduct an independent inquiry for the accusations of human rights violations by Indonesian security forces during the demonstration in October 2011 where the five Papuans were arrested? If not, why not?
Answer
As mentioned in the answer to Question number 8, several organizations and the government investigated the events which have occurred on October 19th.
Question 13
Are you willing to take into consideration the behaviour of the security forces towards the protesters in your decision to sell tanks to Indonesia? If not, why not?
Answer
On December 15th 2011 a resolution of Member of Parliament El Fassad was passed that deals with the issue of the tanks. The government takes this resolution into consideration.
Sources:
(1) 16 maart 2012,
http://www.hrw.org/news/2012/03/16/indonesia-five-papuans-convicted-peaceful-protest
(2) 19 maart 2012, Open letter about a trial in Papua, reference:
2012/1903/04/kj
Explanation:
These questions are complementary to previous questions from the MP’s Ormel
(Christian Democrats) and Ten Broeke (Liberals), submitted 20 March 2012
(question number 2012Z05588)