Trial of Freeport ambush libel case opens in Jayapura<\/p>\n
Nethy Dharma Somba, The Jakarta Post, Jayapura, Papua<\/p>\n
The trial opened on Wednesday of human rights activists and
\njournalists charged with libel in connection with reports that
\nArmy Special Forces (Kopassus) soldiers were involved in killing
\ntwo Americans and one Indonesian in Papua province.<\/p>\n
The defendants include the director of Papua's Institute for
\nHuman Rights Studies and Advocacy (Els-HAM), Yohanis G. Bonay,
\nand his colleague John Rumbiak, as well as the chief editors of
\nTempo weekly news magazine and the Suara Karya daily.<\/p>\n
Both the Jakarta-based Tempo and Suara Karya have been charged
\nwith corporate libel.<\/p>\n
Only five of the 10 lawyers acting for Bonay attended the
\nopening session of the trial, which was presided over by Judge
\nF.X. Soegiharto, accompanied by Judges Yunus Sesa and Ebo
\nMaulana.<\/p>\n
Kopassus was represented by six lawyers appointed by the
\nTrikora military command, which is responsible for security in
\nPapua.<\/p>\n
The 20-minute hearing was to examine procedural requirements
\non the parts of both the plaintiffs and the defendants. The panel
\nof judges adjourned the hearing for more than one month until
\nSept. 25, 2003, as most of the five defendants had failed to show
\nup.<\/p>\n
The trial has attracted much attention from both the local
\npress and community here. Dozens of Els-HAM supporters packed the
\ncourtroom.<\/p>\n
The Indonesian Military (TNI) filed a civil suit against the
\nEls-HAM and the two publications, alleging that they had accused
\nKopassus members of involvement in the killing of two American
\nteachers and one Indonesian on Aug. 31, 2002.<\/p>\n
The three victims, who were shot dead by a group of well-armed
\nand apparently well-trained gunmen, were employees of the U.S.-
\nowned Freeport Indonesia copper and gold mine in Tembagapura,
\nPapua, one of the largest in the world.<\/p>\n
The military immediately attempted to pin the blame for the
\nattack on a faction of the Free Papua Organization (OPM)
\nseparatist group led by Kelly Kwalik.<\/p>\n
The attack took place at Mile 63, an area near the Freeport
\ncompound which was supposed to have been tightly guarded by
\nsoldiers.<\/p>\n
The libel action, submitted to the Jayapura District Court on
\nJune 13, 2003, resulted from a media conference in Jakarta on
\nSept. 25 last year, in which Rumbiak described what he said was
\nthe role of Kopassus soldiers in the ambush.<\/p>\n
Els-HAM, however, has denied accusing the Kopassus troops of
\nbeing responsible for the incident, but said that Rumbiak was
\nonly disclosing information his group had obtained from local
\npeople regarding the attack.<\/p>\n
Trikora Military Commander Maj. Gen. Nurdin Zainal has
\ndismissed the accusations as \"baseless\", and said they were
\ndesigned to tarnish the image of the TNI.<\/p>\n
The military is suing the defendants for Rp 50 billion (US$5.8
\nmillion) in non-material losses and Rp 1 million in material
\nlosses.<\/p>\n
The plaintiffs are demanding that the defendants be ordered to
\napologize publicly through the national and international media,
\nthe military added.<\/p>",
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