Thu, 24 Jul 2003

American journalist stands trial for immigration offense

Nani Farida, The Jakarta Post, Banda Aceh

The Banda Aceh District Court began on Wednesday the trial of an American freelance journalist for violating immigration law with four witnesses giving testimonies for the defendant.

Forty-six-year-old William Nessen is charged with violating Articles 50 and 51 of Law No. 9/1992 on immigration carrying a maximum prison sentence of five years and a Rp 5 million (US$609) fine.

Nessen who writes for several print media, was arrested soon after he turned himself in to the military in North Aceh regency on June 24.

The first hearing presented four witnesses, an official from Aceh Immigration Office Imron Zubandi, a propagandist from the Free Aceh Movement (GAM) Irwandi Yusuf, coordinator for the Aceh Referendum Information Center (SIRA) Muhammad Nazar and a GAM negotiator Teuku Muhammad bin Usman.

Imron in his testimony said that although Nessen could not produce a passport or any other documents upon the arrest, his presence in the war-torn province was legal as he had secured a copy of a temporary stay permit from the directorate general of immigration.

"However, the defendant has still violated immigration regulations. The permit stated that he works as correspondent for San Francisco Chronicle, but in fact he also wrote for the Sydney Morning Herald," Imron told the court.

The second witness Irwandi said during his stint as interpreter for the defendant, he was once shown a letter issued by the Aceh Police saying that Nessen was allowed to cover stories anywhere in the province.

Bin Usman, the third witness, said that he met Nessen when he was attending the installation of a new GAM military commander in Nisam, North Aceh in January 2003.

"I saw him take pictures there and got a chance to know him better only after we are both detained at the Banda Aceh Police Headquarters," he said.

Nessen's defense lawyer Amir Syamsuddin said the testimonies supported his claim that his client had not violated immigration law.

"The accusation is baseless as Nessen's stay in Aceh was only for journalistic purposes," he told The Jakarta Post.

In late December last year, the court sentenced Joy Lee Sadler, an American nurse, and Lesley McCulloch, a British lecturer, to four and five months in prison respectively for visa violations.

Meanwhile, the intensifying conflict is taking its toll on civilians. Two teachers, a husband and wife, Muslim Sulaiman, 38, and Darmawati, 34, were shot dead by suspected rebels in Drien Bungong, Pidie, on Wednesday.

The Aceh military said that the couple were shot on their way home after undergoing a screening. The screening which is mandatory for civil servants, including teachers, is aimed at netting those involved in GAM activities.

A report from the Aceh educational affairs office said that in the course of two months of martial law, seven teachers were reported killed.

Separately, Indonesian Military (TNI) Commander Gen. Endriartono Sutarto revealed the government had called off its plan to use Nasi island as a detention camp for captured GAM members due to financial problems.

The military chief said the martial law administration would make optimum use of prisons in the province before moving GAM detainees to the island.

He said that the administration would expand the prisons in the province so that it could accommodate more inmates as it would be less costly than building a new one on the island.