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Papua Human Rights Lawyers Association Mimika Police Chief's letter of violation of the Procedure

Written By Papuani on Thursday, January 3, 2019 | 6:01 AM

Police from Mimika Papua

Portmoresby, Psmnews - Association of Papuan Human Rights Lawyers (PAHAM) The Mimika Regional Police Chief's letter of violation of the procedure in his assignment was asked to leave the Mimika KNPB yard.

The letter was also signed by three Lawyers namely Gustaf Kawer, S.H., M.Sc., Veronica Koman, S.H., LL.M. Yohanis Mambrasar, S.H. They also make 11 number statements. following the contents of the letter.

Regarding: Open warning to the Mimika police chief

With respect,

Gustaf R. Kawer, S.H., M.Sc; Veronica Koman, S.H., LL.M and Yohanes Mambrasar, S.H., are Advocates / Lawyers and Assistant Advocates / Lawyers at the Association of Human Rights Lawyers for Papua, having their address at Jln. Merak B2, Kelurahan VIM RT 008 / RW 001, Kecamatan Abepura 993351, Kota Jayapura, Tel (0967) 5187421, based on Special Power of Attorney (attached) acting for and on behalf of our clients, namely:

Name: Agus Kosay
Occupation: General Chairperson of the West Papua National Committee (KNPB)

To submit an open warning to the Mimika Resort Police Chief to order his staff to immediately leave the KNPB yard in Mimika which starts from a series of violations of procedures, constitutions, and crimes since 31 December 2018. The things we want to convey are as follows:

1. That on December 29, 2018, the KNPB had sent a notification letter to the Mimika Regional Police regarding the five-year worship ceremony for the establishment of a secretariat office located in Kebon Sirih, Old Freeport Road, Timika which will be held on December 31, 2018;

2. We need to convey that this action is a form of good faith from the KNPB. Referring to Law Number 9 of 1998 concerning Freedom of Delivering Public Opinions, the implementation of worship on the pages of the organization's secretariat is not in public not including the types of activities that need to be notified to the police;

3. That on December 31, 2018, the worship which was due to be held at 9 am was thwarted by the arrival of TNI / Polri who arrived without showing assignments, arrest warrants, or search warrants as stipulated in the Criminal Procedure Code articles 18, 33 and 34 ;

4. That the police officers then carried out destruction at the KNPB secretariat including vandalism as intended in the Criminal Code article 406 paragraph (1) since 8 am until around 3 pm;

5. That Yanto Awerkion, Ruben Kogoya, Yohana Kobogau, Elius Wenda, Eman Dogopia, and Vincent Gobay were arrested at around 8:30 a.m. and were released at around 4:00 p.m. the following day. We need to remind you that this violates the procedure because arrests are made more than 1 x 24 hours so that they are not in accordance with KUHAP article 19;

6. That the six people arrested were forced to sign a statement that they love "NKRI Harga Mati" and promised not to be involved again with the KNPB. Then based on the Civil Code article 1321, the statement does not have legal force because it is obtained by force;

7. That such coercion violates the constitutional rights of the six persons referred to for expression and assembly in accordance with Article 28E paragraph (3) of the 1945 Constitution, as well as the right to freedom of thought and conscience in accordance with Article 28I paragraph (1) of the 1945 Constitution;

8. That there was persecution as intended in the Criminal Code article 351 carried out by the police against Yanto Awerkion when he was about to be taken to a police car, and to Ruben Kogoya in a police car when he was arrested;

9. That based on news in Antara dated 31 December 2018, the Head of the Papua Regional Police Public Relations Commissioner Ahmad Kamal stated, "Starting today the KNPB Secretariat is not allowed to operate and its headquarters is taken over as TNI and Polri Posts";

10. That this action constitutes coercion into someone else's yard by being against the law and being there against the law and at the request of the rightful not to leave immediately as intended in the Criminal Code article 167 paragraph (1);

Based on the description above, we urge Mr. AKBP Agung Marlianto as Mimika Police Chief to:

11. Immediately apologize to the KNPB in Timika and the surrounding communities affected by a series of violations of operational, constitutional, criminal and civil procedures that have been carried out since December 31, 2018;

12. That if within 3 (three) days the apparatus does not leave the yard of the intended KNPB secretariat, we will take the criminal and civil law in accordance with the laws and regulations in force in Indonesia.

It is our hope that the Mimika Regional Police as law enforcement officers can realize the mandate of the 1945 Constitution which states that Indonesia is a legal state. Thus we submit this letter of warning, for your attention and cooperation we thank you.

Jayapura, January 3, 2019

Best regards,

PAPUA Human Rights Attorney COLLECTION (PAHAM)

Gustaf Kawer, S.H., M.Sc.
Veronica Koman, S.H., LL.M.
Yohanis Mambrasar, S.H.

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