6 The Arbitrary Detention of Filep Semuel Karma 24 18. Filep Semuel Karma is one of the m ost prominent Papuan independence activists in Indonesia and widely recognized as a prisoner of conscience. After working for a decade as a civil servant, Mr. Karma became involved in the cause for Papuan independence and is a staunch proponent of non - vio lent resistance. In 1998, he fell out of favor with the authorities when he peacefully participated in a Papuan flag - raising ceremony. The Indonesian military shot him in the legs with rubber bullets and arrested, charged, and convicted him of sedition. He was sentenced to six - and - a - half years in prison, but was freed on appeal after serving one - and - a - half years. 19. In 2004, the Indonesian National Police arrested Mr. Karma without a warrant after he organized and participated in another flag - raising ceremony commemorating Papuan independence from Dutch colonial rule. The police forcibly ended the ceremony and beat and stomped on him on the way to the police station. Mr. Karma was charged with conspiracy to commit sedition, sedition, and expressing “feelings of hate or offense against the government” under Articles 106 and 110 of the Criminal Code of Indonesia, which have since been ruled unconstitutional. During his trial, the judge repeatedly mocked him, insulted his religion, and beat and threate ned his supporters outside the courtroom. Mr. Karma’s legal counsel was also subjected to harassment and intimidation. On one occasion, a severed dog’s head with a note naming his lawyers was found outside the Jayapura Legal Aid office. Mr. Karma was al so unfairly denied access to his counsel, when the court began proceedings with insufficient notice to his counsel. However, despite Mr. Karma’s complaint, the court continued trial proceedings. His counsel attempted to appeal the verdict because of the judge’s bias, but the High Court rejected the appeal without having even received the appellate brief from the trial court. The Supreme Court followed suit and dismissed Mr. Karma’s final appeal without providing an explanation. 20. Mr. Karma was sente nced to fifteen years in prison — three times longer than the sentence proposed by the prosecution. He is currently incarcerated at Abepura Prison, where he has been a prisoner of conscience for the past eight years, and has not been made eligible for parol e. Despite UNWGAD’s finding that Mr. Karma should immediately be released because his case is a Category II and III arbitrary detention under Articles 9, 14, 19, 21, 22 of the ICCPR and Articles 9, 10, 11, 19, and 20 of the Universal Declaration of Human Rights (UDHR), the government has not taken any action toward his release without conditions on his free expression. 25 21. In addition to being denied the exercise of his rights, Mr. Karma has suffered gravely from various health ailments while in prison. He has endured acute prostate problems for years, 24 For a detailed discussion of the facts and law involved, see Freedom Now, Petition to the UN Working Group on Arbitrary Detention: In the Matter of Filep Jacob Semuel Karma v. Indonesia , May 16, 2011, available at freedom - now.org/wp - content/uploads/2011/05/Filep - Karma - Petition - to - UNWGAD - 5 - 16 - 2011.pdf . See also Freedom Now, Letter from 26 Members of the U.S. House of Representatives for Release of Renowned Human Rights Advocate Filep Karma , Aug. 22, 2011, available at freedom - now.org/wp - content/uploads/2011/08/Press - Release - for - Karma - letter1.pdf . 25 U NWGAD Opinion at ¶¶ 27 - 28. 7 which began to worsen drastically in 2009. The prison refused him necessary care, even denying offers by his supporters to pay for his medical services. After almost a year of delay, the prison finally a llowed him to be transferred to a hospital in Jakarta for a urological operation, although it did not fulfill its legal obligation to cover medical costs for the procedure. This decision came immediately after the publication of incriminating photographs showing his deteriorating physical state. 22. In 2010, Mr. Karma attempted to mitigate tensions during a prison riot, which ensued after one escaped prisoner was shot and killed, by acting as an impartial negotiator between the prison officials and inma tes. Although he encouraged inmates to desist and peacefully comply with the guards’ orders, he was transferred shortly thereafter to Jayapura Police Station. Neither his lawyers nor his family were informed of his transfer. Mr. Karma faced squalid cond itions in his holding cell in the police station, which was infested by rats and in an extreme state of decline. He was also denied adequate food and water. After three months at the police station, Mr. Karma was finally transferred back to Abepura. 23 . Mr. Karma’s health continues to be a concern. Ever since he returned from the Jayapura Police Station, he has suffered from respiratory and stomach problems due to poor prison conditions. His history of ailments in prison, including bronchopneumonia, e xcess fluid in the lungs, urinary tract infection, bleeding hemorrhoids, chronic diarrhea, and blood in stool, contribute to ongoing health concerns. His continued prostate problems require him to adhere to a special diet. Moreover, he has recently had di fficulty walking due to a toe infection, which recently required treatment. In addition, Mr. Karma has faced ongoing colon concerns, which required him to undergo a colonoscopy and follow - up treatment in September and October of 2012. He also suffers fro m a back injury as well as leg injuries dating back to wounds he received during the 1998 protest. Conclusion and Recommendations 24. The continued detention of Filep Semuel Karma in Indonesia demonstrates that the government continues to employ arbitrar y detention to silence critical voices in clear violation of international law and specifically the ICCPR. This case also illustrates the very real threat of intimidation and harassment faced by lawyers and human rights defenders in the country and the go vernment’s continued restriction on exercise of the freedom of expression. In light of the above, Freedom Now submits the following recommendations: Immediately and unconditionally release all Indonesian citizens currently detained because they exercised internationally protected human rights — including Filep Semuel Karma. End the practice of arbitrarily detaining individuals in response to their peaceful exercise of fundamental human rights — including the right to peaceful free expression and association. Revise legislation prohibiting sedition and conspiracy to sedition to specifically protect the right to peaceful free expression and association. 8 Investigate allegations of judicial bias, intimidation of lawyers and detainees, and inhumane prison conditions; and investigate and punish perpetrators of the torture of prisoners of conscience. Fully cooperate with, respond to, and follow the recommendations of the Com
Posted on: Tue, 23 Jul 2013 08:04:00 +0000
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