Detained Acehnese kept from lawyers<\/p>\n
Nani Farida, The Jakarta Post, Jakarta<\/p>\n
Legal proceedings undertaken by the martial law administration
\nagainst hundreds of Acehnese suspected of involvement with the
\nFree Aceh Movement (GAM) have been questioned, as they were
\ninterrogated without legal representation.<\/p>\n
Munarman, a lawyer with the Foundation of the Indonesian Legal
\nAid Institute (YLBHI), said that 185 suspected rebels had been
\ndetained by the police and the military in the province and
\ninterrogated without the presence of legal counsel.<\/p>\n
"We doubt that any lawyers would have represented the
\nsuspected members of GAM ... we fear that they would have been
\nafraid to be associated with them," he told The Jakarta Post.<\/p>\n
Of the 185 suspects, 71 will immediately go to trial on
\ncharges of treason and subversion, for their alleged attempt to
\ntopple the legitimate government.<\/p>\n
As for the 299 suspects currently under custody of the
\nmilitary, he expressed his doubt that they would see lawyers
\nduring their legal process, as under martial law, the martial law
\nadministration had the right to detain and civilians for 20 days
\nincommunicado.<\/p>\n
According to Law No. 23\/1959 on state emergency, security
\nauthorities are allowed to arrest and detain any and all persons
\nviolating any regulation issued by the martial law administration
\nfor 20 days. The detention period can be extended for another 50
\ndays if the interrogation of the detainees has not yet finished.<\/p>\n
The law does not stipulate as to whether the detainees must be
\naccompanied by lawyers or not, but the presence of lawyers are
\nassumed as it refers to the Criminal Code in indicting suspects.<\/p>\n
The police have used the Emergency Law and Article 107 of the
\nCriminal Code on treason to lay charges against the suspects,
\nwhich carry a maximum 30-year jail sentence.<\/p>\n
However, all suspects can be acquitted of charges if they
\nstand trial at a district court and it is found that they were
\ninterrogated in the absence of legal representation.<\/p>\n
Legal expert Rudi Satrio at the University of Indonesia said
\nthe suspects should be acquitted, since the legal proceedings
\nwent against the Criminal Codes and the universal principles of
\nhuman rights.<\/p>\n
He said the rebel suspects should be accompanied by their own
\nlawyers, regardless of any special circumstances, including
\nmartial law.<\/p>\n
"The police should seek material evidence with which to charge
\nthe suspected Acehnese rebels, instead of seeking evidence
\nthrough power," he told the Post.<\/p>\n
If the legal process against the Acehnese under detention for
\ncommitting subversion proceeds without any legal counsel, the
\nprocess could be declared unlawful, he said.<\/p>\n
Deputy of the Aceh military internal affairs Lt. Col. Sulendra
\nearlier said that the Emergency Law gave the military the
\nauthority to investigate civilians.<\/p>\n
If their involvement with GAM was proven, the military would
\nhand them over to the police for further questioning, he said.<\/p>\n
For the time being, the suspected GAM members are being held
\nat Keudah prison in Banda Aceh, while alleged GAM members who
\nhave surrendered have been detained in the offices of military
\ninternal affairs or the military district command.<\/p>\n
GAM negotiator Sofyan Ibrahim Tiba and Acehnese woman's
\nactivist Cut Nur Asyikin are among those facing subversion
\ncharges.<\/p>\n
Sofyan was arrested on May 19 on the day martial law was
\nimposed by the government in the conflict-ridden province.<\/p>\n
Sofyan and Nur have asked to be accompanied by lawyers from
\nYLBHI.<\/p>\n
Syafiie Saragih, a lawyer in Banda Aceh, said that he was
\nready to accompany the suspected rebels, as the police had
\nalready asked him to do so on several occasions.<\/p>\n
"I have been asked several times to accompany a number of GAM
\nsuspects, including informants and fund raisers," said Syafiie,
\nwho is currently providing legal counsel to American freelance
\njournalist William Nessen.<\/p>\n
Nessen was arrested in Banda Aceh for immigration violations
\nafter he turned himself in to military authorities. He was
\ntraveling with a group of GAM rebels, whom he was allegedly
\ncovering on assignment.<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/detained-acehnese-kept-from-lawyers-1447893297",
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"sponsor": "Okusi Associates",
"sponsor_url": "https:\/\/okusiassociates.com"
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