YOGYAKARTA, SUARAPAPUA.com – Obby Kogoya, persecution victim that is being decriminalized, was found guilty by the Yogyakarta State Court on 27 July 2017. In response to that, Yogyakarta Legal Aid (Lembaga Bantuan Hukum / LBH) appeal the verdict. LBH believes that Obby is victim of persecution by police personnel and they demand that the personnel responsible for the persecution must be tried as well.
In their verdict, the Judge mentioned that Obby was found guilty violating article 212 KUHP. The judge punish Obby Kogoya with 4 months in jail and a year probation.
LBH thinks that the decision is contradicted with what they found in court, where all evidence brought by the prosecutor were unlawful. In the other hand, based on the evidence brought by the defendant’s lawyer showed that Obby Kogoya did not perform any kind of violence resistance to the police personnel.
“Obby’s effort in avoiding the beating from the authorities, key tug and war incidents, and the action of using a brick in threatening the police personnels are the evidence used by the judge to conclude the verdict. The judge also seems to be doubtful in mentioning that Obby was performing violence act to the authorities. We believe that this decision can be a jurisprudence example for the authorities in discriminative law enforcement, which there are already 8 violation performed by the authorities in this case alone since 15 July 2016,” Yogyakarta Legal Aid explained in their public statement.
In addition, Yogyakarta Legal Aid also condemns the mobilization of police authorities in Yogyakarta State Court since the first until final verdict trial. “We are saddened by police behaviour that keep mobilzing their troops by deployin one truck and several trails motorbike during trials, since the arrraignment trial up to verdict. Police behaviour raised a big question, what are the objective of doing so, and who are they trying to protect and why?” asked LBH.
Yogyakarta Legal Aid demanded 3 points. First, they regret the final decision of decriminalization case of Oby Kogoya that was not based on fact and evidence presented during the trial, where later they found him guilty.
Second, condemn the act of racial and ethnic discrimination in Obby Kogoya law enforcement process and Papuan students.
Third, they demand Yogyakarta Special Region Police and Supreme Court to immediately arrest and try all police personnels responsible to Obby Kogoya persecution that happened in 15 Jyly 2016, where the case has been reported to the authorities.
The background incident of Obby Kogoya persecution was the seige happened in Kamasan I Papua Dormitory in Yogyakarta (14-16 July 2016). After the incident, National Commision of Human Rights immediately came to Yogyakarta.
The result was surprising. National Commision of Human Rights found at least 8 violations of human rights. This founding has been officially published by Komnas HAM. The conclusion was made after the investigation performed on 19 – 21 Julu 2016, including information and data collection from Yogyakarta legal Aid, Papuan students, Yogyakarta Special Region Governor, Kapolres Yogyakarta, Kapolda DIY, and other partners.
“We found 8 violation,” said Vice President of Komnas HAM, Ansori Sinungan, during press conference held in their Jakarta Office, on Friday, 22 July 2016, quoted by Tempo.co 22 July 2016 edition. Those 8 allegation of human rights violation are suspected in violating National Constitution or UU number 39/1999 on Human Rights and UU number 40/2008 on Eliminating Discrimination againts race and ethnicity.
According to National Commision of Human Rights, the first violation is on pembatasan freedom of expression. “Government and the authority should’ve provided platform and protection since this is human right” said Ansori.
National Commision of Human Rights also observed that there was an persecution performed by members of police authorities to Papuan Student who tried to escape the dorm “ There are plenty of evidence in video and photograph” , He said.
This incident also observed as verbal abuse that includes racism content. “ There are alot of hateful words yelled by the member of intolerance organization” said Ansori while showing his press conference.
He also mentioned that he found many evidence on intolerance organization came to protest and performed verbal racist abuse in front of Papuan Student Dormitory.
“This was witnessed by security personnel, why there is no prevention? Why they didn’t do anything about it?” Said Ansori. He believes that this is a neglection acth that violate human rights.
However, on 27 July 2017, the guilty verdict fall upon Obby Kogoya and the non – existing police personnel being tried based on National Commision of Human Rights and LBH Yogyakarta and with lines of witness and evidence, they close the case.
Indonesian Civil Society, and pro-democratic organization are condemning this verdice on Obby Kogoya. Labor Society Political Conggress or KPO PRP , is one of the organization that thinks this verdict is political.
“Obby Kogoya is the one who was attacked by those loyalist and monarch whose full of racial sentiment are the one who is being punished. This verdict is not only a racism issue but also a very political situation witht the purpose to opress the fight fo west papuan freedom” claimed KPO PRP. (AR-BT/SP)
