Theys' subversion trial begins

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)