Flaws persist in law enforcement in Aceh
Flaws persist in law enforcement in Aceh
Tertiani ZB Simanjuntak and Nani Farida, The Jakarta Post
Lhokseumawe/Banda Aceh
Entering the third month of the integrated military operation to
quell the Free Aceh Movement (GAM), suspected members are still
awaiting trial due to a shortage of prosecutors and judges.
The head of Banda Aceh District Court, Sabirin Jannah, said
that they could only start the trial of five activists -- who
were formerly negotiators for GAM at an international level --
after the arrival of nine judges from North Sumatra.
"Two of the nine judges have just arrived. They were delayed
due to ill-health." He said, adding that additional judges have
been assigned for a three-month period to handle cases related to
separatist activities.
The five alleged former GAM negotiators are Sofyan Ibrahim
Tiba, Teuku Kamaruzaman, T. Muhammad bin Usman, Amni bin Ahmad
Marzuki and Nashiruddin bin Ahmed.
They are charged under Articles 13 and 15 of Government
Regulation in Lieu of Law No 1/2002 on terrorism and Articles 106
and 108 of the Criminal Code on insurgency. The five could face
up to 20 years of imprisonment or the death sentence.
They were arrested on May 19 on the first day of the
imposition of martial law in the province and have already been
interrogated by lawyers. They were also charged for alleged
involvement in the bombing at Soekarno-Hatta Airport in April.
According to lawyer Johnson Panjaitan from the Indonesian
Legal Aid and Human Rights Association (PBHI) the date has been
set for the trial of his clients. The trial of Ibrahim Tiba will
start on July 31 and the four others on July 28.
In their evaluation of the first two months of integrated
military operations, the Lhokseumawe-based Aceh military command
said that the delay in legal proceedings is the biggest problem
that the operation faces.
Human rights activists have criticized the martial law
administration for failure to explain why the suspects may not be
accompanied by lawyers, as they have not been charged with acts
of terrorism.
At least 70 suspected GAM members were arrested during the
intensive military offensive, but six have been released due to a
lack of evidence of their involvement in the movement.
According to North Aceh Police chief Adj. Comr. Eko Daniyanto,
police investigators have completed the investigation of 23
suspects who are now awaiting trial. The cases of eight others
have yet to be submitted to the prosecutors, while the remaining
suspects are still being investigated, he said.
"The trial will begin soon. All of the suspects, no matter
what they are charged with, should be sentenced and begin to
undergo rehabilitation. That way we can show the people that no
one is above the law," he said.
The suspects are being charged under Articles 106, 107, and
108 of the Criminal Code for insurgency. Those found to be part
of the movement's military wing or in possession of arms will
also be charged under Law No. 12/1951 on state emergency, which
carries a maximum sentence of 20 years in jail or the death
sentence.
"Those found to be in possession of explosive material or
ammunition could also be charged under Government Regulation in
Lieu of Law No. 1/2002 on terrorism. But, so far, the suspects
haven't been charged with terrorism," Eko added.