Gamaliel M. Kaliele, Jayapura – Manokwari Legal Aid Assessment, Research and Development Institute (LP3BH) Executive Director Yan Christian Warinussy has condemned the legal authorities' decision to move the trial of four Papuan political prisoners (tapol) to Makassar, South Sulawesi.
He believes the move to be legally groundless and potentially detrimental to the defendants' rights.
"We had only just received the indictment and the detention extension order for our clients, Abraham Goram Gaman, Maksi Sangkek, Piter Robaha and Nikson Mai. We received the letter on Saturday afternoon (August 23) from the Makassar District Court panel of judges", Warinussy said via a WhatsApp message on Sunday August 24.
According to Warinussy, moving the trial is inconsistent with Article 85 of the Criminal Procedure Code (KUHAP which only permits a change in trial location for reasons of security, order or examination purposes. "However, in this case, there is no justifiable legal argument", he asserted.
Warinussy believes the decision is not merely a technical matter, but rather is ridden with political interests to keep the defendant out of public view.
"When the trial was moved to Makassar, access for the family and the public was automatically blocked. The state is deliberately keeping the Papuan people out of the courtroom, which should be open to the public", he said.
He added that this situation further burdens the psychological well-being of the defendants, who are currently detained at the Makassar Class IA Special Prison.
"They are not only facing legal proceedings, but also being exiled far from their homeland. Their families will undoubtedly struggle to be present to provide support", said Warinussy.
As legal counsel, he emphasised that he would continue to represent his clients in every trial in Makassar. "We are preparing our defence to ensure that our clients' legal rights are not violated", he explained.
Warinussy concluded by calling on civil society and human rights organisations to monitor the legal process. "Don't let justice die in the courtroom simply because of political interests and superficial security concerns", he concluded.
Notes
The four Papuan political prisoners are from pro-independence group West Papua Federal Republic (NFRPB) who were arrested on April 28 and subsequently charged with makar (treason, subversion, rebellion) and violations of the Electronic Information and Transactions (ITE) Law for distributing letters to several government agencies in Southwest Papua asking for dialogue on resolving the conflict in Papua.
[Translated by James Balowski. The original title of the article was "Sidang Aktivis Papua Dipindah Ke Makassar, Penasihat Hukum Nilai Sarat Kepentingan Politik".]
