Experts call for release of more political prisoners
Experts call for release of more political prisoners
JAKARTA (JP): Three authoritative legal experts are calling
for the release of more political prisoners convicted in
connection with the abortive 1965 coup.
The demand comes following the government's announcement that
three former political prisoners would be released this week.
Luhut P. Pangaribuan, Andi Hamzah and Harkristuti Harkrisnowo,
said that while they welcome the announcement, the decision to
grant clemency to only three was very discriminative.
They made their statement during a seminar on the Indonesian
legal system jointly organized by the Center for Information and
Development Studies and the Indonesian Society for Humanism on
Friday.
"If three political prisoners deserved clemency, so should the
others," Pangaribuan said. "What about the others who have also
applied for clemency?"
He argued that based on the principle of treating everybody
equally before the law, all political prisoners should get the
same treatment.
President Soeharto has granted clemency to Soebandrio, Omar
Dhani and Raden Soegeng Soetarto, commuting their life sentences
to lives as free men. They are due to leave the Cipinang
Correctional Institution in Jakarta on Aug. 16, ending nearly 30
years of incarceration.
The government said the decision was based chiefly on
humanitarian grounds, given their ages and health conditions. The
three were also regarded as "fellow travelers" rather than "hard-
line" communists, unlike the dozen or more still in prison and on
death row.
Minister/State Secretary Moerdiono said there were 10 other
political prisoners convicted for the 1965 coup who applied for
clemency. He did not say whether the requests have been rejected
but other officials said some were still being considered.
The granting of clemency is the constitutional prerogative of
the president.
Andi Hamzah, a former aide to Attorney General, said the other
political prisoners have paid their dues to society like
Soebandrio, Omar Dhani and Soetarto and therefore should also be
released.
He underlined the principle underlying imprisonment, which is
to reform less than it is to avenge.
While not debating the decision to release the three men, Andi
questioned the legal basis of granting them a second clemency. As
far as he knows, clemency can be granted but once.
Soebandrio, Omar Dhani and Soetarto were originally sentenced
to death but their sentences were commuted to life in jail in the
early 1980s after they applied for clemency.
Andi said that by granting clemency a second time, the
government has set a dangerous precedent because people may now
apply for clemency over and over again.
A person facing death, he said, will certainly use this
facility to delay execution. By law, an execution cannot be
carried out until all possible legal channels of reprieve have
been exhausted.
Harkristuti argued that the country's political prisoners have
been punished sufficiently for their crimes. "Thirty years
imprisonment is not a short time for the prisoners," she said.
"History is part of us, but let's not become obsessed by it,"
she said. (imn)
JAKARTA (JP): Three authoritative legal experts are calling
for the release of more political prisoners convicted in
connection with the abortive 1965 coup.
The demand comes following the government's announcement that
three former political prisoners would be released this week.
Luhut P. Pangaribuan, Andi Hamzah and Harkristuti Harkrisnowo,
said that while they welcome the announcement, the decision to
grant clemency to only three was very discriminative.
They made their statement during a seminar on the Indonesian
legal system jointly organized by the Center for Information and
Development Studies and the Indonesian Society for Humanism on
Friday.
"If three political prisoners deserved clemency, so should the
others," Pangaribuan said. "What about the others who have also
applied for clemency?"
He argued that based on the principle of treating everybody
equally before the law, all political prisoners should get the
same treatment.
President Soeharto has granted clemency to Soebandrio, Omar
Dhani and Raden Soegeng Soetarto, commuting their life sentences
to lives as free men. They are due to leave the Cipinang
Correctional Institution in Jakarta on Aug. 16, ending nearly 30
years of incarceration.
The government said the decision was based chiefly on
humanitarian grounds, given their ages and health conditions. The
three were also regarded as "fellow travelers" rather than "hard-
line" communists, unlike the dozen or more still in prison and on
death row.
Minister/State Secretary Moerdiono said there were 10 other
political prisoners convicted for the 1965 coup who applied for
clemency. He did not say whether the requests have been rejected
but other officials said some were still being considered.
The granting of clemency is the constitutional prerogative of
the president.
Andi Hamzah, a former aide to Attorney General, said the other
political prisoners have paid their dues to society like
Soebandrio, Omar Dhani and Soetarto and therefore should also be
released.
He underlined the principle underlying imprisonment, which is
to reform less than it is to avenge.
While not debating the decision to release the three men, Andi
questioned the legal basis of granting them a second clemency. As
far as he knows, clemency can be granted but once.
Soebandrio, Omar Dhani and Soetarto were originally sentenced
to death but their sentences were commuted to life in jail in the
early 1980s after they applied for clemency.
Andi said that by granting clemency a second time, the
government has set a dangerous precedent because people may now
apply for clemency over and over again.
A person facing death, he said, will certainly use this
facility to delay execution. By law, an execution cannot be
carried out until all possible legal channels of reprieve have
been exhausted.
Harkristuti argued that the country's political prisoners have
been punished sufficiently for their crimes. "Thirty years
imprisonment is not a short time for the prisoners," she said.
"History is part of us, but let's not become obsessed by it,"
she said. (imn)