PAPUA -- TRIAL OF ACTIVISTS BEGINS

C O N F I D E N T I A L SECTION 01 OF 02 JAKARTA 001297 SIPDIS DEPT FOR EAP, EAP/MTS, EAP/MLS, EAP/ANP, DRL, DRL/AWH NSC FOR E.PHU E.O. 12958: DECL: 07/03/2018 TAGS: PGOV PINS ID SUBJECT: PAPUA -- TRIAL OF ACTIVISTS BEGINS REF: JAKARTA 718 JAKARTA 00001297 001.2 OF 002 Classified By: Pol/C Joseph L. Novak, reasons 1.4 (b+d). ¶1. (C) SUMMARY: The treason trial of twelve Papuan activists began on July 2 in Manokwari, West Papua, in eastern Indonesia. Defense lawyers will argue that the defendants' act of raising the "Morning Star Flag"--which the GOI regards as a separatist symbol--was not aimed at challenging the legitimacy of the Indonesian state. The defense admits that the trial will be an uphill battle (other Indonesians have been convicted on the same charge before, but not in Papua). Manokwari remained tense but calm as the trial opened. Mission has underscored to GOI contacts the need to allow free expression in Papua as a way to make its autonomous status real. END SUMMARY. TREASON TRIAL BEGINS ¶2. (SBU) The treason trial of twelve Papuan activists began July 2 in Manokwari, the capital of West Papua Province. Authorities had arrested the group in connection with the March 12 raising of the Morning Star flag during a peaceful protest (reftel). Papuan civil society groups had organized the rally to protest Indonesian Government Regulation 77/2007, which prohibits the use of symbols associated with separatist movements, such as the Morning Star flag. ¶3. (C) Regulation 77/2007 has rankled Papuans ever since the GOI issued it. Papuan leaders objected that Jakarta drafted the rule without consulting them. Papuans argue that the Morning Star flag is a symbol of Papuan cultural identity, not of a desire for political independence. That said, the outlawed Free Papua Movement (OPM) and many pro-independence groups outside of Indonesia use the flag as their symbol. ¶4. (C) During the first day of the trial, prosecutors presented the charges and the defense team made its opening statement. Full presentation of the prosecution's case will begin on July 9. Most observers expect the trial to last a least one month, if not longer. DEFENSE STRATEGY ¶5. (C) Lead defense lawyer Jan Christian Warinussy told poloff the defense strategy would hinge on three arguments: --The purpose of the original protest was to criticize a government regulation, not to challenge the legitimacy of the Indonesian state; --The protesters raised the flag in a spontaneous outburst, not as part of a premeditated plan; and, --The protest remained peaceful. Warinussy would not hazard an assessment of the defense team's chances of success. While he thought the defense's case was strong on its merits, prosecutors would be under great pressure to secure a conviction as a signal to Papuans not to support separatist-linked causes. ¶6. (C) Warinussy also asserted that his clients had not been mistreated in custody. He said they had had unfettered access to their legal team. SITUATION CALM BUT TENSE ¶7. (C) The situation in Manokwari--a stronghold of Papuan anti-Jakarta feeling--remains calm but tense. Over 100 supporters and family members of the defendants packed the courtroom on the opening day. Approximately 50 police were present. Activists hung banners around the town calling for the defendants' release. Defense lawyer Warinussy told JAKARTA 00001297 002.2 OF 002 poloff that the defense team had urged supporters to remain peaceful. He related, however, that many Manokwari residents were angry about the trial and that the situation was volatile. ¶8. (C) It is hard to see what the GOI can gain by the trial. Mission has underscored to Indonesian government contacts the need to allow free expression in Papua as a way to make its autonomous status real to residents. HUME