On 20 January, Filip Karma, a West Papuan, went on trial in Jayapura for rebellion. He is charged with seeking to separate Papua from the Indonesian state for which he faces a possible life sentence or a 20-year sentence, under Article 106 of the Criminal Code. He is also charged under Article 154 with expressing hostility or hatred towards the state, the maximum penalty for which is seven years.
Another Papuan, Yusak Pakage, also appeared in court and may also face similar charges. Both men are being held in detention in Jayapura.
Filip Karma arrived in court wearing his uniform as a local government official; his yellow shirt was emblazened with a Morning Star, the emblem of the Papuan people in their struggle for independence.
Before entering the courthouse, Karma, who was carrying a Bible, conducted prayers and read verses 17:33-45 from Samuel I which relates the encounter between David and Goliath.
Following the prayers, the two men held a brief meeting with their lawyers, who raised their intention of submitting a demurrer to the court regarding the legality of the proceedings.
At the commencement of the hearings, the presiding judge asked the two defendants whether they had been notified by their lawyers about the charges against them. They both replied in the negative as they had not met their lawyers until the day of the trial. It was agreed that they will submit demurrers on 24 January.
Nevertheless, "to avoid wasting time", the presiding judge asked the prosecutor, Maskel Rambolangi, to read out the charges against Filip Karma. This is clearly in violation of normal procedure which requires the court to hear the demurrer from the defendant, before determining whether the trial can proceed.
The prosecutor said in his indictment that on 28 November, the accused, along with Yusak Pakage and a group of about twenty people held a meeting in the vicinity of the Uncen Museum in Jayapura to discuss their intention to fly the Morning Star flag and not the flag of the Indonesian Republic on Trikora field in Abepura.
Karma's intention to fly the flag was warmly welcomed by those attending the meeting, including Yusak Pakage.
Thereafter, on 1 December 2004, the accused, along with a number of people, flew the Morning Star flag, and is charged with being responsible for the flying of a flag which is not the Indonesian national flag. He was therefore charged under Articles 110 and 106, as well as Articles 154 and 155.
The lawyer told the court that he was not yet ready to submit a demurrer to the court, so the trial will continue on 24 January.
[According to Cendrawasi Pos, the accused faces the possibility of a death sentence. However, our own reading of the articles given in the charge sheet allow for a maximum penalty of life or a 20-year sentence.]