Indonesia, West Papua – On 17 May 2024, Mr Peni Pekei was arrested by the Damai Cartenz Task Force and the Dogiyai Police in Paniai Timur District, Papua Tengah Province (see photo on top, source: independent HRD). The police accused him of holding the position of Operations Commander in a pro-independence guerrilla group and charged him with extortion, violent theft, threats, and unlawful possession of a firearm during an incident that allegedly took place in Yatamo District in January 2015.
Authorities claimed Mr Pekei had been listed as a wanted person (DPO) since 11 November 2016. Following his arrest, he was transported overnight to Nabire, where he spent one night in police detention before being transferred to the Papua Police Headquarters in Jayapura on 18 May 2024. He remained in custody for four months before being relocated on 12 September 2024 to Nabire Class IIB Correctional Facility, where he spent another six months in detention. In total, Mr Pekei stayed a full year in detention.
In addition, the judicial process against him was characterised by serious procedural flaws. Although his trial began in November 2024 at the Nabire District Court, proceedings were delayed 10 times, and no substantial evidence was presented during the hearing to justify the charges. He was ultimately released from prison on 21 May 2025, after serving one year without a conviction.
The West Papua Army (WPA), represented by Mr Otto Jimmi Magai Yogi, vehemently denied all allegations against Mr Pekei, asserting that he had never been involved in any act of violence. Mr Yogi claimed that the criminal acts referenced by police had been committed by himself and two other commanders, Mr Damianus Magai Yogi and Mr Aloysius Kayame. The firearm allegedly used had also been handed over to the authorities. Mr Yogi further contested the validity of the DPO status, stating that Mr Pekei's name was added to the wanted list only after his arrest, a move that raises serious concerns about the legality and transparency of the police's actions.
Pattern of systematic criminalisation
This case exemplifies a broader pattern of systemic criminalisation of Indigenous Papuans, particularly individuals accused of association with the TPNPB or the Papuan independence movement. The absence of credible evidence, the retrospective justification of the arrest, and the prolonged pre-trial detention without judicial oversight are all indicative of violations of Mr Pekei's right to liberty and security of person as enshrined in Article 9 of the International Covenant on Civil and Political Rights (ICCPR). Furthermore, the procedural delays and repeated postponements of his trial breached the right to be tried without undue delay (Article 14(3)(c), ICCPR) and the right to a fair and public hearing by a competent, independent, and impartial tribunal (Article 14(1)).
The case of Peni Pekei underscores the urgent need for a review of the Indonesian Criminal Procedure Code (KUHAP) to end the arbitrary use of anti-terrorism and public security justifications to detain indigenous Papuans without due process. His year-long detention without conviction, despite the lack of substantiated evidence, constitutes a de facto punishment without trial, incompatible with both national constitutional guarantees and Indonesia's international human rights obligations