Govt scorns Xanana's petition for new trial
Govt scorns Xanana's petition for new trial
JAKARTA (JP): Minister of Justice Oetojo Oesman yesterday
scorned the plan by jailed East Timor rebel leader Jose Alexandre
"Xanana" Gusmao for a new trial, calling it "unethical".
Oetojo said Xanana had already applied for clemency and this
was granted by President Soeharto. "Since he had asked for
clemency, this means that he has accepted his verdict. So his
demand for a review of his case is funny."
However, he said, the decision on whether or not Xanana's
petition for a new trial can be granted is not up to him but the
Supreme Court.
In legal procedures, request for clemency is the last effort
for a reprieve after all other channels have been pursued,
including the petition for a review of the case or a new trial.
In Xanana's case, he bypassed all legal options after the Dili
District Court handed him the life imprisonment term for his
rebellious activities, and immediately applied for presidential
clemency. The President commuted his term to 20 years in jail
last August.
Xanana, the former leader of the armed separatist movement
Fretilin, however has since disputed that he sought presidential
clemency, saying that he was tricked by his government-appointed
lawyer.
He made his position known in a letter smuggled out to the
International Jurist Commission in Geneva and the Portuguese
government, demanding that he be given a new trial.
Xanana has since appointed the Indonesian Legal Aid Foundation
(YLBHI) to represent him in his efforts for a new trial.
YLBHI lawyers last week were denied access to see Xanana at
the Cipinang correctional institution on two occasions. They
reportedly plan to make a third attempt today.
Asked yesterday about the possibility of allowing the YLBHI
lawyers to meet with Xanana, Oetojo said he would discuss the
matter with the Cipinang jail warden.
He said however that by regulations, a political prisoner is
subject to strict regulations about receiving of visitors.
Luhut Pangaribuan of the YLBHI said yesterday that the team
wanted to discuss Xanana's request for a new trial following
allegations that his trial at the Dili District Court last year
was fraught with irregularities.
Luhut said the law allows his client to ask for a review of
his conviction. "Even Chief Justice Purwoto Gandasubrata openly
welcomes a petition," he said.
Responding to a question on what grounds Xanana is asking for
a review, Luhut said he had found a lot of new evidence in the
case, but declined to disclose any for the time being.
He added that the fact that Xanana could not choose his own
lawyer independently is also consideration for why there should
be a review. (05)