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)