APSN Banner

Ongoing detention of four activists in Sorong raises concerns over criminalisation, health, and due process

Source
Human Rights Monitor - June 25, 2025

Indonesia, West Papua – The four Papuan political activists, Mr Nikson May, 56, Mr Maksi Sangkek, 39, Mr Abraham Goram Gaman, 55, and Mr Piter Robaha, 54, have been held at Sorong City Police Headquarters since 28 April 2025 on charges of treason (makar) and violations of Indonesia's Electronic Information and Transactions (ITE) Law.

The charges stem from their peaceful action on 14 April 2025, when they delivered political letters to government institutions in Sorong, representing the aspirations of the political group Federal State of West Papua (NFRPB). The activists are accused of spreading separatist content and hate speech. They face charges under Articles 106, 87, and 53(1) of the Criminal Code (KUHP), Articles 28(2) and 45A(2) of the ITE Law. as well as Articles 55(1)(1) and/or 56(1)(1) KUHP on complicity.

The four were arrested on 28 April 2025, following an extensive police operation, including searches and the seizure of NFRPB materials and alternative uniforms. The Sorong Police stated that the suspects held strategic positions in the NFRPB and had submitted a letter to President Prabowo Subianto. While the police argue these acts amount to rebellion, the detainees' lawyers contend that they fall under the category of peaceful political expression, protected by Article 28E of the Indonesian Constitution and international human rights standards.

Chronology of events and legal proceedings

On 14 April 2025, the activists delivered political documents to various local government offices in Sorong, including the Governor's Office, Sorong City Hall, and the police. Two weeks later, on 28 April, all four were arrested and charged with treason. A subsequent raid on 30 April, involving over 100 police officers, led to further confiscations. On 5 May, the Sorong Police announced the charges publicly and claimed possession of evidence linking the activists to separatist intentions.

Legal counsel, Mr Yan Christian Warinussy, a human rights lawyer, visited the detainees on 17 May 2025 (see photo on top, source: LP3BH Manokwari). He affirmed the legal team's commitment to ensuring due process and protecting the rights of the accused, including preparations for a potential suspension of detention and the demand for transparent prosecution procedures.

By 19 June 2025, reports emerged of severely deteriorating conditions. According to family members, the detainees were being held in overcrowded, unsanitary cells shared with more than 30 other inmates. The health of Mr Maksi Sangkek and Mr Abraham Goram Gaman, both of whom suffer from chronic lung diseases, has worsened due to cigarette smoke exposure and lack of medical care. Despite undergoing medical checks at the Bintang Timur Clinic on 16 June 2025, their families' request for home care was denied. Authorities instead moved Mr Sangkek to a poorly ventilated office space, further aggravating his respiratory condition.

Legal and human rights analysis

The arrests and subsequent prosecution of the four political activists constitute a breach of freedom of expression and assembly, protected under both Indonesia's Constitution (Article 28E) and the International Covenant on Civil and Political Rights (ICCPR), ratified by Indonesia in 2006. The use of treason charges against peaceful political expression and the invocation of the ITE Law's hate speech provisions are increasingly viewed by legal experts and human rights advocates as tools of political repression.

Moreover, the conditions of detention, including overcrowding, lack of access to adequate healthcare, and denial of culturally appropriate traditional treatment, violate the UN Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules), particularly Rules 24-27, which guarantee timely access to healthcare and treatment suited to individual needs.

The continued detention, especially of individuals with pre-existing health conditions, raises concerns about inhumane and degrading treatment under Article 7 of the ICCPR and Article 5 of the Universal Declaration of Human Rights. The rejection of family-proposed bail with collateral appears arbitrary and disproportionate, further undermining the principle of presumption of innocence.

Source: https://humanrightsmonitor.org/case/ongoing-detention-of-four-activists-in-sorong-raises-concerns-over-criminalisation-health-and-due-processformularbeginn

Country