Army major general skips two rights court hearings<\/p>\n
Muninggar Sri Saraswati, The Jakarta Post, Jakarta<\/p>\n
Maj. Gen. Adam Damiri still holds an important position in the
\nIndonesia Military (TNI) despite his status as a defendant in the
\ncountry's ad hoc human rights tribunal.<\/p>\n
However, Adam irked the judges on Tuesday after skipping his
\nsecond court hearing because of military duty.<\/p>\n
During the hearing, his lawyers told the court that Adam had
\nto accompany the TNI chief of general affairs to East Java in a
\nbid to inspect military preparations prior to the military
\noperation in Aceh.<\/p>\n
Adam, who was the Udayana Military commander overseeing Bali,
\nWest Nusa Tenggara, East Nusa Tenggara and East Timor, is the
\noperational assistant to the TNI chief of general affairs.<\/p>\n
\"We expect the hearing to be postponed until next week,\" said
\na letter presented to the judges by the lawyers.<\/p>\n
The panel of five judges agreed to adjourn the hearing until
\nnext week, however, they condemned its postponement, as the court
\nwas supposed to hear the prosecutor's sentence demand against
\nAdam.<\/p>\n
\"We expect all parties of this hearing to respect the court
\nbecause it has been postponed several times,\" presiding judge
\nMarni Emmy Mustafa told the hearing on Tuesday.<\/p>\n
She ordered chief prosecutor S. Hozi \"to do his best to bring
\nthe defendant before the court\".<\/p>\n
The prosecutors supposedly presented their sentence demand
\nagainst Adam on April 10 but they asked for a postponement as
\nthey had not finished the sentence demand document.<\/p>\n
The court hearing was then postponed to April 24, but it had
\nto be postponed again because Adam had to go to Aceh to prepare
\nfor the military's plan to launch a military operation in the
\nprovince.<\/p>\n
No other rights defendant has skipped as many hearings as
\nAdam, who is the highest ranking soldier brought before the
\ntribunal.<\/p>\n
Legal observer Luhut MP Pangaribuan said that Adam's defiance
\nto attend the hearings could be considered contempt of court.<\/p>\n
\"Both conceptually and morally, it is a contempt of court,\" he
\nsaid.<\/p>\n
Although the country does not have a law on contempt of court,
\njudges can order prosecutors to forcibly bring a defendant to
\ncourt, Luhut said.<\/p>\n
\"Judges may consider a defendant's argument (to be absent),
\nbut the court's interest should be put above everything. In this
\ncase, we are talking about the court's integrity,\" he said.<\/p>\n
The court usually allows a defendant to miss up to three
\nhearings, particularly for health reasons.<\/p>\n
However, judges may order prosecutors to use force to present
\na defendant if necessary. If a verdict is to be delivered at a
\nhearing, the judges usually deliver it in-absentia.<\/p>\n
Adam is one of 18 security personnel and civilians being
\nbrought to court for gross human rights violations in East Timor
\nin 1999.<\/p>\n
He is charged with crimes against humanity for failing to
\nprevent bloodshed in East Timor in 1999. The offense carries a
\nminimum penalty of 10 years in jail.<\/p>\n
Eleven have been acquitted and five sentenced to between three
\nyears and 10 years in jail, although they remain free pending
\ntheir appeal.<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/army-major-general-skips-two-rights-court-hearings-1447893297",
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