Nethy Dharma Somba, The Jakarta Post, Jayapura | Archipelago | Tue, October 21 2014, 10:07 AM
http://www.thejakartapost.com/news/2014/10/21/french-journalists-tried-violating-visas-papua.html
The Jayapura District Court in Papua commenced a trial on Monday involving two French television journalists, Thomas Charles Dandois and Marie Valentine Louise Bourrat, who stand accused of misusing their visas.
Prosecutor Sukanda told the trial, which was presided over by judge Martinus Bala, that the defendants were charged with violating Article 122 of Law No. 8/2011 on immigration, which carries a five-year sentence if found guilty, and Article 55 of the Criminal Code.
“They planned to combine their news coverage for a documentary film that would be aired by one of the television stations in Paris,” said Sukanda.
He said that Bourrat, born in Jerusalem on July 15, 1975, had entered Indonesia via Soekarno-Hatta International Airport in Tangerang, on July 3, using a French passport with a tourist visa that expired on July 15.
Dandois, born in Caen, France, on June 10, 1974, had entered the country via Soekarno-Hatta on July 28 using a French passport with a tourist visa on arrival, he said.
Both defendants met in Sorong, Papua and on Aug. 3 they headed to Jayapura, staying at the Swiss Belhotel.
According to Sukanda, on Aug. 4, without journalist visas, the defendants had carried out journalistic activities in Doyo, Jayapura regency, and had interviewed West Papua politician Forkorus Yaboisembut and an armed civilian group in Papua, with the intention of learning more about the socio-cultural history of the region and why the armed civilian group had risen up against the government.
On Aug. 5, the defendants had left for Wamena in Jayawijaya. On Aug. 6 they met witness Areki Wanimbo and planned to cover an activity in Lanny Jaya regency and the Baliem Valley Cultural Festival on Aug. 7, but they were apprehended in Wamena on Aug. 6.
“The defendants are fully aware that they are not allowed to use a tourist visa to carry out journalistic activities in Indonesia, but should use a journalistic permit after receiving clearance from the Indonesian government, coordinated by the Foreign Ministry,” Sukanda pointed out.
The defendants’ lawyer, Aristo MA Pangaribuan, said the indictment was unclear and inaccurate as it stated his clients had carried out journalistic activities, but the prosecutor had failed to explain what was meant by journalistic activities based on Ministerial Decree No. 42/2009, which outlines guidelines on obtaining permits for foreign broadcasting institutions.
“He [the prosecutor] failed to analyze three elements in the journalistic definition in the indictment, so it was inaccurate and unclear,” Aristo said.
“The definition of journalism is an activity that includes, seeking, obtaining, possessing, storing, processing and delivering information in the form of text, sound, images, sounds and images, as well as data and charts and other forms, to be presented by the broadcast media, ‘’ he explained.
Aristo appealed to the presiding judge to overrule the indictment for the sake of justice.
The trial of the two French citizens will be held daily until the ruling is handed down on Oct. 25.
“It will be better if the trial is carried out continuously, so it will be settled quickly, as the defendants are foreigners and security considerations are required, especially as they have been detained in Jayapura for more than two months,” said Aristo.