Court to continue trying Aceh activist
BANDA ACEH, Aceh (JP): The judges of the Banda Aceh District Court ruled on Monday that the court could continue to try Acehnese independence activist Muhammad Nazar, ruling that the court had legal grounds on which to proceed.
"The case will go ahead as there are sufficient legal grounds to justify this," presiding judge Farida Hanoem said during the second session of the trial.
The panel of judges overruled the motion moved by defense lawyers that Nazar, the detained chief of the Aceh Referendum Information Center (SIRA), be released from all charges due to "inadequate legal grounds for the prosecution."
The trial of Nazar on sedition charges opened on Monday amid tight security and a silent protest by fellow activists.
Earlier in the session which began at 9:15 a.m., Nazar read out a 26-page defense statement titled: "Aceh's Struggle against Neo-Colonialist Rage" and this was followed by defense statements by his lawyers -- Abdurrachman Yacoub, Johnson Panjaitan, Rasmita and Catur Karya Soksianto.
"We urge the court to dismiss these charges as the prosecution was only seeking an excuse to arrest, detain and put the defendant on trial in order to eventually punish him (Nazar)," Yacoub said.
The defense team said that the legal basis and criminal code articles used for charging Nazar had lost their "philosophical legitimacy" due to the fact that they no longer accorded with the values of democracy and human rights.
"What Nazar did was merely to express himself and that's not against the provisions of the Criminal Code," they argued.
The team of prosecutors, however, stuck to their indictment, saying that Nazar harbored hostile and treasonable intentions against the state.
Nazar is being charged under Articles 154 and 155 of the Criminal Code which carry a maximum sentence of seven years in jail.
"The defendant has clearly incited people to rise up against Indonesia by distributing leaflets and banners likely to sow hatred against the lawfully established government," chief prosecutor Supery said.
Nazar was arrested on Nov. 20, 2000 after organizing a mass rally in the region in August calling for an independence referendum.
The banners which Nazar is accused of having distributed on Aug. 17, Indonesia's independence day, stated: "Aceh remains within the Republic of Indonesia, or becomes free."
Outside the court, some 100 SIRA activists staged a silent protest, wearing headbands and posters emblazoned with the word "Referendum".
They covered their mouths with black tape and tried to approach the courtroom before a cordon of police officers turned them away.
The group, however, dispersed peacefully later in the day.
The trial was adjourned until Tuesday to hear testimony from witnesses.
Dozens of onlookers crowded the tightly guarded courtroom while another group of protesters demanded the police find the murderers of Aceh activists, in particular those of Banda Aceh's Ar-Raniry IAIN (State Islamic Institute) Rector Safwan Idris.
The hearing, however, went smoothly and was adjourned in the afternoon.
"We will maintain tight security during every session until the trial has been completed," Aceh Besar Police chief Adj. Sr. Comr. Sayed Hoesaini said. (edt/50)