Flaws still exist 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.