Ginandjar files second lawsuit over his arrest

Ginandjar files second lawsuit over his arrest

JAKARTA (JP): Lawyers representing former minister of mines
and energy Ginandjar Kartasasmita filed on Thursday their second
objection with the South Jakarta District Court against the
Attorney General over their client's detention.

Muchyar Yara, leading the group of lawyers, said that deputy
attorney general for special crimes Bachtiar Fachri Nasution
issued on Tuesday a new detention warrant for Ginandjar which
took effect for 20 days from April 9 to April 28.

The warrant was issued following the South Jakarta District
Court's decision on Ginandjar's first complaint, ruling that the
suspect's detention before April 9 was unlawful as it was not
issued by a joint investigating team involving military
prosecutors and military police.

Muchyar said Ginandjar, a retired military officer, had
refused on Wednesday to sign the proceedings for the execution of
the new warrant as it had only been signed by Nasution while none
of the joint team members had given their signature.

Muchyar, who was asked to leave Ginandjar's cell on Wednesday
night, after staying there for three consecutive days, also
questioned the retroactive principle in the warrant as recognized
by Indonesian law.

"How come prosecutors put our client in a cell even though a
warrant was only issued days later? It's not in accordance with
any existing laws in this country," he added.

Ginandjar is accused of abusing power in several government
contracts between 1992 and 1995, allegedly causing some US$24.8
million in losses to the state.

He has been in detention since April 6.

Following his detention, Ginandjar's lawyers filed a complaint
with the court.

Meanwhile, Attorney General's Office spokesman Muljohardjo
said that the new warrant is lawful although it had not been
signed by military prosecutors and the military police as the
team is under the coordination of Attorney General Marzuki
Darusman.

"So, it's not necessary for every member of the team to sign
the warrant," he told reporters.

Muljohardjo explained that three military prosecutors, two
military policemen and one of the prosecutors, were actually
asked to sign the paper for the execution of the new warrant, but
they had refused to give their signatures.

"Before showing Ginandjar the proceedings requesting him to
sign it on Wednesday evening, the military prosecutors and
military policemen contacted their superiors by mobile phones,
after which they decided not to sign the document," he explained.

Ginandjar, deputy speaker of the People's Consultative
Assembly from Golkar Party, was an active Air Force vice marshall
during the time in question and retired in 1996. (bby)