Tue, 15 May 2001

Theys' subversion trial begins

JAKARTA (JP): Papuan Presidium Council chairman Theys Hiyo Eluay remained defiant as court proceedings on charges of subversion against him commenced on Monday in the Jayapura District Court.

The trial of Theys and four other defendants -- Don A.L. Flassy, Thaha Al Hamid, the Reverend Herman Awom and John Mambor -- in Abepura opened amid tight police security as there had been suggestions that the proceedings were tantamount to political persecution.

Theys' trial was the first to commence, followed immediately by that of Don Flassy.

The proceedings against the other three defendants were postponed for two weeks as John Mambor was still ill in hospital.

Theys' trial is being presided over by Judge Edward Sinaga.

When was asked by the court clerk to state his nationality, Theys defiantly replied: "Nationality Papuan ... belonging to the country of Papua."

Theys mostly smiled as he listened to prosecutor Moh. Erwin read out the 18-page indictment.

The courtroom was packed with the Council's supporters who turned the room into a sea of color with separatist Morning Star flags. Many more people had congregated outside, singing and praying.

Antara reported that in the indictment, Theys was alleged to have violated Article 106 of the Criminal Code on sedition, which carries a maximum sentence of 20-years imprisonment.

He was also charged with having expressed hatred against the Indonesian government or undermining the government, which according to Article 154 of the Criminal Code carries a maximum sentence of seven years.

According to the prosecution, Theys was guilty as he had unilaterally declared the independence of Papua, the local name for Irian Jaya province, on Nov. 12, 1999 and had hoisted the banned Morning Star flag on Dec. 1 of that same year.

He was also alleged to have taken part in two meetings which cemented the demands for independence.

The trials of both Theys and Flassy were then adjourned until May 21 to allow the defense to prepare its response.

After the trial Theys said he intended to fly to Jakarta for a few days for a medical checkup.

Theys underwent prostate surgery earlier this year.

"But I'll be back in Jayapura in time to give my response to the charges," he insisted as quoted by AFP.

Meanwhile, one of the defense lawyers, Anum Siregar, told journalists that the trial was nothing more than a "political commodity" as it was linked to attempts to topple President Abdurrahman Wahid who had taken a liberal approach towards secessionist movements in the past.

The five Council leaders were arrested last year following the anniversary of their self-proclaimed declaration of Papuan independence on Dec. 1.

Irian Jaya was internationally recognized as an Indonesian province following the 1969 United Nations-supervised Act of Free Choice which resulted in a vote in favor of the territory joining Indonesia. (dja)