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