Indonesia: Filep Karma and Yusak Pakage

Former government civil servant Filep Karma and student Yusak Pakage are serving prison sentences of 15 and 10 years respectively after these were confirmed by the Supreme Court on 27 October 2005.

Filep Karma and Yusak Pakage were arrested on1 December 2004. They were with about 200 people who took part in a peaceful ceremony in Abepura, Papua Province. In commemoration of the declaration of Papuan independence in 1962, the Morning Star Flag was raised. Police then advanced on the crowd, firing warning shots and beating people with batons.

UPDATE December 2006: positive steps towards freedom of expression

On 1 December 2006, despite several ceremonies being held in Papua at which the Morning Star flag was raised – as in Filep and Yusak’s case - to mark what many in Papua see as the anniversary of Papuan independence, no-one was arrested. Amnesty International hopes that this is an indication that the Indonesian authorities wish to acknowledge a greater respect for freedom of expression.

In a further significant move towards increasing freedom of expression in Indonesia, on 6 December, the Indonesian Constitutional Court voted to scrap Articles 134, 136 and 137 of the country’s Criminal Code, which punished “insulting the President or Vice-President” with up to six years’ imprisonment. Amnesty International had long campaigned for these articles to be repealed.

Amnesty International welcomes this decision, and is calling on the government of Indonesia to now release all those who have been detained under articles 134, 136 and 137, and to also repeal all other articles which restrict the right to freedom of expression.

Please continue to send messages of support to Filep and Yusak, and continue to write to the Indonesian authorities calling for Filep and Yusak to be released, and for an end to the misuse of the judicial system to persecute activists and limit freedom of expression. For more information on the Constitutional Court’s decision, read the public statement(pdf).

Filep was arrested at the site and reportedly beaten while being transported to the police station. Yusak was arrested when he went to protest over Filep’s detention. During their trial, police responded with extreme force to the large demonstrations which took place outside the court-house on 10 May 2005, and many people were injured. A senior police officer was dismissed as a result of this incident, but he did not face criminal charges and there has been no formal enquiry into the events. Filep and Yusak were convicted of treason and sentenced on 26 May 2005.

The only stage of judicial review now open to them is a direct appeal to the President for clemency. However according to reports Filep and Yusak are unwilling to do this as they believe this could be seen as a compromise of their views, views which they were imprisoned for peacefully expressing.

While Amnesty International takes no position on the political status of any province of Indonesia, AI believes that the right
to freedom of expression includes the right to peacefully advocate referendum, independence or other political solutions.
Amnesty International therefore considers Filep and Yusak to be prisoners of conscience and is calling for their immediate and unconditional release.

Conditions in Abepura prison are reportedly poor. Despite the heat, bathing is restricted to once or twice a week due to a lack
of fresh water.

Filep is currently on medical leave from the prison, receiving hospital treatment. His health problems are not related to the conditions in the prison.

Former government civil servant Filep Karma and student Yusak Pakage are serving prison sentences of 15 and 10 years respectively after these were confirmed by the Supreme Court on 27 October 2005.

Filep Karma and Yusak Pakage were arrested on1 December 2004. They were with about 200 people who took part in a peaceful ceremony in Abepura, Papua Province. In commemoration of the declaration of Papuan independence in 1962, the Morning Star Flag was raised. Police then advanced on the crowd, firing warning shots and beating people with batons.

UPDATE December 2006: positive steps towards freedom of expression

On 1 December 2006, despite several ceremonies being held in Papua at which the Morning Star flag was raised – as in Filep and Yusak’s case - to mark what many in Papua see as the anniversary of Papuan independence, no-one was arrested. Amnesty International hopes that this is an indication that the Indonesian authorities wish to acknowledge a greater respect for freedom of expression.

In a further significant move towards increasing freedom of expression in Indonesia, on 6 December, the Indonesian Constitutional Court voted to scrap Articles 134, 136 and 137 of the country’s Criminal Code, which punished “insulting the President or Vice-President” with up to six years’ imprisonment. Amnesty International had long campaigned for these articles to be repealed.

Amnesty International welcomes this decision, and is calling on the government of Indonesia to now release all those who have been detained under articles 134, 136 and 137, and to also repeal all other articles which restrict the right to freedom of expression.

Please continue to send messages of support to Filep and Yusak, and continue to write to the Indonesian authorities calling for Filep and Yusak to be released, and for an end to the misuse of the judicial system to persecute activists and limit freedom of expression. For more information on the Constitutional Court’s decision, read the public statement(pdf).

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