Defense calls for dropping of abduction charges<\/p>\n
JAKARTA (JP): Defense lawyers on Thursday called for the case
\nagainst 11 Army Special Forces (Kopassus) soldiers accused of
\nabducting activists to be dropped as prosecutors had failed to
\nproperly define the charges brought against them.<\/p>\n
Col. Rettob Abdullah, who heads the defense team, told the
\ncourt-martial that charges against the 11 soldiers -- one major,
\nseven captains and three sergeants -- were invalid and vague as
\nthe prosecution had failed to define the terms \"kidnapping\" and
\n\"deprivation of freedom\".<\/p>\n
\"In presentation of the charges, prosecutors totally failed to
\ndefine which of them they were bringing,\" he told the Jakarta
\nMilitary Court in Klender, East Jakarta.<\/p>\n
\"Moreover the acts of kidnapping and deprivation of freedom
\nwere used interchangeably. So the charges became inaccurate,
\nunclear and incomplete, thus vague.\"<\/p>\n
Under the Criminal Code, the two charges carry different
\npenalties.<\/p>\n
Article 328 of the Criminal Code stipulates that kidnapping
\ncarries a maximum penalty of 12 years imprisonment while Article
\n333 on deprivation of freedom carries a maximum penalty of eight
\nyears.<\/p>\n
Abdullah also said the trials of seven of the defendants
\nshould be held in South Sumatra province, and not in Jakarta
\nbecause the charges involved kidnappings that took place in
\nSumatra.<\/p>\n
He was referring to the abduction of Andi Arief, chairman of
\nthe Student Solidarity for Democracy (SMID), an offshoot of the
\nDemocratic People's Party (PRD), by the defendants in Lampung in
\nMarch.<\/p>\n
In the first session last month the prosecution had argued
\nthat the defendants had acted independently of their commanders
\nin the abductions.<\/p>\n
Military prosecutor Harom Wijaya said Maj. Bambang Kristiono,
\nwho headed the operational command codenamed \"Rose\", had acted
\naccording to the dictates of his own conscience in order to
\nsafeguard the national interest when ordering the kidnapping of
\n\"radical\" individuals.<\/p>\n
Rights groups have lashed at the court martial saying it is a
\n\"farce\" staged to protect top officers while scapegoating the 11
\ndefendants.<\/p>\n
\"The whole trial is staged and designed to minimize the damage
\ndone to ABRI and it seems that it will lead to a miscarriage of
\njustice,\" Marzuki Darusman of the National Commission on Human
\nRights (Komnas HAM) has said.<\/p>\n
At the time of the kidnappings between February and March, the
\nSpecial Forces were under the command of Lt. Gen. Prabowo
\nSubianto, son-in-law of former president Soeharto.<\/p>\n
The Armed Forces (ABRI) honorarily discharged Prabowo and
\nreleased two other senior Special Forces officers, Maj. Gen.
\nMuchdi Purwopranjono and Col. Chairawan, from active duty in
\nAugust.<\/p>\n
ABRI Commander Gen. Wiranto maintains that Prabowo, who is now
\nreportedly in Jordan, could face a court-martial if sufficient
\nevidence emerged from the ongoing trial to implicate him in the
\nkidnappings.<\/p>\n
The Special Forces are believed to have been involved in the
\nkidnapping and torture of at least 23 activists since April last
\nyear. But the charges only relate to nine activists who when
\nreleased told of torture and detention.<\/p>\n
One other activist has been found dead and 13 are still
\nmissing.<\/p>\n
Presiding Judge Col. Susanto made no comment after the defense
\npresented its statement. He then adjourned the tribunal until
\nJan. 5.<\/p>\n
One of the defendants, Capt. Jaka Budi Utama, did not attend
\nthe court on Thursday due to ill health, Abdullah said. (byg)<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/defense-calls-for-dropping-of-abduction-charges-1447893297",
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