Lawyer defending Forkorus and colleagues challenges the Prosecution
Feb 27, 2012 05:12 PST
STATEMENT RECEIVED FROM GUSTAF KAWAR, LAWYER DEFENDING FORKORUS AND HIS
On 24 February, during a hearing at the trial of Forkorus Yaboisembut
and his four co-defendants, the public prosecutor officially announced
his intention to submit a report to the police regarding an
'unacceptable incident' that occurred during the trial hearing on 21
February. At the time, the meaning of this announcement was unclear and
following the hearing, we decided to find out who it was who was likely
to face charges.
It seems that I am the target of this announcement. It seems that they
were very irritated by the fact that, during the hearing on 21 February,
seven of the witnesses summoned to appear were members of the [police]
unit which carried out the arrest of Forkorus and his colleagues. When
it was my turn to question these witnesses about the arrests, they were
unable to explain certain things. Namely:
That prior to the Papuan Peace Congress, news reached the regional
headquarters of the police in West Papua that the police would not issue
That a letter had been received by the Director-General of Otda, the
regional office of the Department of the Interior, inviting him to
formally open the Congress,
That the Congress proceeded peacefully from 16 - 19 October 2011.
That several commissions held meetings and that thereafter there was a
Declaration, after which the Congress concluded at 1pm.
That two hours later, that is to say, at 3pm, the security forces
launched an attack during which approximately 400 participants were
subjected to various forms of maltreatment and torture and taken to
police headquarters, as a result of which three people died because of
the way they had been treated by members of the TNI/Polri, (the
Indonesian army and police).
As regards the scenario to 'criminalise me'; some details became clear
when I was questioning one of the police officers. I was repeatedly
interrupted by the Prosecutor, in response to which I asked him to be a
patient because I was in the process of questioning witnesses. Yet
despite this, the interruptions continued, whereupon I said:
'Prosecutor, where is your brain? I am still proceeding with my
questioning so would you kindly keep quiet.' It was only thereafter that
he became silent.
I then continued with my questioning until I had finished.
After the hearing, the prosecution team discussed the words that I had
used and decided that they would concentrate on 'criminalising me' for
We appeal to everyone to spread this statement far and wide. As lawyers,
according to the Law on Advocates No 18/2003, there is impunity against
raising any issues, in criminal as well as civil cases, while we are in
the process of defending our clients.
We will now wait and see whether the Prosecutor intends go ahead with
his intention which would be a violation of the rule of law in the NKRI
- the Unitary State of the Republic of Indonesia.