Tommy's saga may continue despite refusal to appeal<\/p>\n
Soeryo Winoto, Staff Writer, The Jakarta Post,
\nJakarta<\/p>\n
By skipping his chance to appeal the 15-year verdict for,
\namong others things, conspiracy to murder Supreme Court Justice
\nM. Syafiuddin Kartasasmita, Hutomo \"Tommy\" Mandala Putra
\nofficially became a convicted criminal last Saturday.<\/p>\n
What is behind Tommy's decision?<\/p>\n
Only Tommy, God -- and maybe his lawyers -- know for sure.
\nMany have speculated that Tommy was worried that an appeal could
\nresult in a heavier sentence.<\/p>\n
In making this decision Tommy has practically pleaded guilty;
\nan indirect confession of all offenses charged by the
\nprosecutors.<\/p>\n
Is the saga of the youngest son of former president Soeharto
\nover? The battle is apparently not over yet.<\/p>\n
Passing up his chance to appeal, Tommy still has the right to
\nseek a legal review of the verdict from the Supreme Court, or
\napply for a pardon from the President.<\/p>\n
According to Article 263 of the Criminal Procedure Code
\n(KUHAP), a convict may request the Supreme Court to annul the
\nverdict handed down by the court, if it can be proven that the
\n(panel of) judges made a legal blunder.<\/p>\n
Tommy's lawyers may be of the opinion that the court (the
\njudges) had made a mistake by handing down a verdict without the
\npresence of the defendant, who claimed to be sick at that time.<\/p>\n
Now that Tommy has become a convicted murderer, people are
\ninterested to hear how he is \"surviving\" in Cipinang
\nPenitentiary, which accommodates more than 2,500 inmates.<\/p>\n
Will Tommy still get special treatment at the prison? Or, will
\nhe be transferred to another room together with other prisoners?<\/p>\n
Minister of Justice and Human Rights Yusril Ihza Mahendra said
\nlast Friday that Tommy would lose all privileges he had enjoyed
\nso far.<\/p>\n
Yusril's statement was amusing to many, but implied that he
\nfully understood and accepted that, unlike other detainees, Tommy
\ngot special treatment.<\/p>\n
It is the Directorate General of Correctional Institutions at
\nthe Ministry of Justice and Human Rights (through the
\npenitentiary management), that has the authority to move Tommy
\nfrom Cipinang or to transfer him to another cell where he would
\nstay along with other convicted murderers.<\/p>\n
Normally the cells in Cipinang Penitentiary are crowded with
\nconvicts with one cell housing more than a dozen inmates.<\/p>\n
The fact is that as of Saturday Tommy continued to maintain
\nhis exceptional privileges at Cipinang Penitentiary. He enjoys a
\nfreshly painted three-room cell furnished with a foam bed, 21-
\ninch television and a private shower with clean and fresh water.
\nOrdinary inmates use communal bathrooms, with eight people to one
\nbathroom.<\/p>\n
It is unlikely that Tommy will be moved from Cipinang.<\/p>\n
Elza Syarief, one of his attorneys, said on Saturday that she
\ndidn't see any reason to move her client. She said that a convict
\nhad the right to choose a prison located close to his or her
\nfamily.<\/p>\n
Elza's statement was a bit surprising as it is the prerogative
\nof the Directorate General of Correctional Institutions to have
\nconvicts moved.<\/p>\n
Hendardi, coordinator of Indonesian Legal Aid and Human Rights
\nAssociation (PBHI), said that not a single convict had the right
\nto choose a prison or cell based on their preference, whatever
\nthe reason may be.<\/p>\n
\"But usually the decision to move is based on considerations,
\nincluding the security and safety of the convict,\" he said,
\nciting the case of Mohamad \"Bob\" Hasan, a crony of Soeharto who
\nwas moved from Cipinang to Nusa Kambangan prison in Central Java,
\nfollowing fracas at the prison.<\/p>\n
\"Special consideration is also given to poor people, whose
\nrelatives are jailed, considering that they would find it
\n(financially) difficult to visit their relatives jailed in other
\ntowns,\" Hendardi said.<\/p>\n
\"There would be chaos in the administration if all convicts
\nhad the right to refuse to be moved or select a prison of their
\nchoice. The Director General of Correctional Institutions will be
\nvery busy finding hotel rooms for special convicts ...,\" Hendardi
\nsaid laughing.<\/p>\n
Prisons are a part of the legal system, which in Indonesia,
\nare notorious for being corrupt and favoring the rich and
\ninfluential.<\/p>\n
United Nations special rapporteur Param Cumaraswamy, who
\nvisited Indonesia recently, described the Indonesian legal system
\nas among the worst he had seen.<\/p>\n
The escape of Eddy Tansil from the Cipinang Prison in May,
\n1996 could be cited as very clear example of the result of
\n\"special privileges\" given by the prison to Tansil, who entered
\nCipinang in 1994.<\/p>\n
Tansil, owner of the Golden Key Group, escaped while he was
\nserving a 20-year prison sentence for embezzling Rp 1.3 trillion
\nin state funds. He received preferential treatment before his
\nescape.<\/p>\n
Tommy, although less than one month in the prison, has made
\nthe headlines for enjoying special privileges. He may get even
\nmore facilities in the future.<\/p>\n
It is not impossible that Tommy be given the freedom to leave
\nthe cell to visit certain places, or to do other things prisoners
\nare prohibited from doing.<\/p>\n
It is unlawful that Tommy receives such privileges, and it is
\neven more unlawful for those who make all of this possible.<\/p>\n
Both Tommy and those who have granted him preferential
\ntreatment have blatantly insulted our judiciary.<\/p>\n
If the special treatment continues and no efforts are made by
\nMinister Yusril to stop it, then he will have proven that he also
\nhas disrespected the judicial system.<\/p>",
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