Eurico asks court to release him

Eurico asks court to release him

JAKARTA (JP): Lawyers for former East Timor prointegration
leader Eurico Guterres insisted on Tuesday the National Police
had no authority to arrest their client.

One of the lawyers, Suhardi Somomoeljono, said during a
hearing at the South Jakarta District Court only the Belu Police
in East Nusa Tenggara were authorized to arrest their client
based on the charges against him.

"That's why we ask the court to declare the arrest of our
client unlawful and order the National Police to release our
client from custody," Suhardi said.

Officers from the National Police Headquarters arrested Eurico
on Oct. 4 following reports by the Belu Police that the 28-year-
old allegedly ordered fellow ex-East Timorese militiamen to take
back weapons they had surrendered during an arms handover
ceremony on Sept. 24 in Atambua, located near the East Nusa
Tenggara border with East Timor.

Suhardi refuted police arguments that Eurico was arrested in
Jakarta because it was difficult to locate him in East Nusa
Tenggara.

"He (Eurico) even went to East Nusa Tenggara Police
Headquarters on Sept. 30 to ask for permission to visit Jakarta,"
Suhardi said.

Eurico had been staying in Atambua along with some 130,000
East Timorese who streamed into West Timor following last year's
referendum which resulted in independence for the former
Indonesian province.

Suhardi also insisted Eurico was not included on a list of
wanted persons, another reason cited by police for their arrest
of the former militia leader.

The lawyer said his client went to Jakarta to be questioned
about his alleged involvement in last year's atrocities in East
Timor.

Eurico was arrested at 11 p.m at his hotel room in Central
Jakarta.

Suhardi claimed police issued the arrest warrant for Eurico,
No. Pol. SPP/88/X/2000 dated Oct. 4, only eight hours after his
client had been arrested and questioned in two separate sessions.

"This is a violation of Article 109 of the Criminal Code
Procedures, which requires police to send prior notice to state
prosecutors before conducting any questioning," Suhardi said.

He said the police told him the arrest warrant would be given
to his client after the questioning was completed.

He also refuted the police's claim that Eurico was arrested
because of fears he might flee, destroy evidence or commit other
crimes.

"Of course, such reasons were fabricated. My client is a
warrior and he will always act with true sportsmanship," Suhardi
said.

The lawyer added that as soon as Eurico was taken to National
Police Headquarters, he was told that he was under arrest for
breaking Article 106 of the Criminal Code.

The crime carries a maximum punishment of six years in prison.

Suhardi said the arrest did not comply with legal procedures
as laid out in Article 17 of the Criminal Code Procedures, which
obliges police to present evidence and an arrest warrant before
making an arrest.

Police lawyers told the same court on Monday the arrest had
been made according to all existing procedures.

Presiding judge I.D.G. Putra Yadnya adjourned the pretrial
hearing until Wednesday.(01)