Wed, 06 Oct 2004

Green activist appeals over 'unfair' verdict

Nani Afrida, The Jakarta Post, Banda Aceh

Aceh environmental activist Bestari Raden, who has been found guilty of subverting national security and public order, has vowed to challenge the court's verdict.

One of Bestari's lawyers, Nurul Ikhsan, said on Tuesday his client, who was sentenced to two years and six months in jail, had pleaded not guilty, and would keep seeking justice.

"We are going to use every possible legal means to challenge the verdict, which is unfair. Bestari is only a rights and environmental campaigner," Nurul said.

Under Indonesian law, a verdict can be appealed up to Supreme Court level. If that fails, the defendant can ask for a review of the case and seek presidential clemency.

The South Aceh District Court found Bestari, 45, guilty for his involvement with the Free Aceh Movement (GAM). The martial law administration arrested him in March on the accusation that he served as a GAM leader for the Tapak Tuan area in 2000. He has been detained since then.

GAM has refuted the allegation, saying Bestari was not a member of the movement.

Another lawyer representing Bestari, Bambang Antariksa, said the panel of judges had ignored facts presented during the trial, that showed his client was merely protesting against the controversial Ladia Galaska Highway project, which would cut through protected forest in Aceh and North Sumatra.

Bambang said prosecutors had presented witnesses who did not see Bestari commit the alleged crime themselves, but heard about it from other people.

"The verdict is far from just," Bambang said.

Bestari has appointed lawyers from Aceh's Advocacy Team for Civil Society.

Bambang said his client was a civil servant, who had been committed to conservation efforts, human rights advocacy and the protection of local culture between 1999 and 2003.

"The legal process against our client is politically motivated -- his past activities had nothing to do with rebellion," Bambang said.

In its verdict, the South Aceh District Court convicted Bestari under article 160 of the Criminal Code on provoking people to commit treason, which carries a maximum jail sentence of six years. Prosecutors had demanded five years in prison for Bestari.

The panel of judges said Bestari took part in a raid conducted by GAM rebels on Oct. 8, 2002, in Lhok Kruet and Lamno villages in West Aceh regency.

The defendant was also convicted of involvement in an arson attack in 1999 on the base camp of a local timber company PT Medan Remaja Timber (MRT), which held the concession to exploit forest areas in Kubang Gajah village in South Aceh.

Bestari was arrested by local police for organizing a rally against PT MRT on allegations that the timber company had plundered protected forest. He was released after a round of interrogations, during which, he claims, he was tortured.