Lawyers ask court to drop the JSX bombing charges

JAKARTA (JP): Lawyers of the suspects of last year's bombing of the Jakarta Stock Exchange (JSX) building demanded that South Jakarta District Court drop charges on Monday claiming that they were legally flawed.

A team of 10 lawyers from the Indonesian Legal Aid and Human Rights Association (PBHI) who represent defendants Tengku Ismuhadi Jafar and Nuryadin, said that the charges were inaccurate, unclear and incomplete.

According to the lawyers, which include Luhut Pangaribuan, who is also President's Abdurrahman Wahid's lawyer, the preliminary investigation violated the Criminal Code because the defendants were not accompanied by their lawyers.

"The defendants were physically tortured. Based on Article 82 of the Criminal Code, the trial should be delayed until the investigation over the physical abuse is completed," the lawyers said in their exception.

Both Jafar and Nuryadin also read their own written legal objection, stating that they were tortured during the investigation and forced to sign dossiers.

Jafar, 30, the owner of Krung Baro auto repair shop in Ciganjur, South Jakarta, told the court that police tortured his employees and customers while raiding his shop.

"I wasn't tortured but I was very shocked to see police torturing others. I was also insulted and abused, verbally, particularly because I'm Acehnese," he said.

Police, at one time, connected the case with the separatist Free Aceh Movement as most suspects were Acehnese.

Meanwhile, Nuryadin said that during the arrest and investigation, police beat his head, kicked his body and placed a gun in his mouth.

"I was also electrocuted and threatened with being shot if I didn't sign the dossier," he said.

When asking for a lawyer, Nuryadin added, police refused, claiming he was a terrorist.

Jafar and Nuryadin, alias Nadin, are among eight suspects of the bombing last Sept. 13 which claimed 10 lives, injured 46, damaged 179 cars, and destroyed parts of the building.

The two defendants are accused of violating Article 1, Paragraph 1 of Emergency Law No. 12/1951 for possessing and using ammunition or explosive material.

The crime carries a maximum penalty of death and a minimum 20- year jail term.

Prosecutor Endang Rachwan said in the indictment last week that the two defendants allegedly committed the crimes along with Ibrahim Amd, who escaped from jail in February; a member of the Army's Strategic Reserves Command (Kostrad) Chief Corp. Ibrahim Hasan and a member of the Army's Special Force (Kopassus) Chief Sgt. Irwan, who will be tried separately; as well as Sayed Mustofa, Tengku Rayang Rayang and Zulkifli, who are still at large, according to the indictment.

The prosecutor said that Jafar and Nuryadin bombed the building to damage the country's economy, and, in particular, "to increase the dollar rate" against the rupiah.

Before exploding the bomb, Endang said, Jafar had bought dollars worth Rp 176 million (US$17,600).

The prosecutor also said that the building was bombed on Sept. 13, 2000, a day before former president Soeharto was scheduled to stand trial, so as to lead to suspicions that the bombers were Soeharto's supporters.

Meanwhile, Monday's second session, in which Ibrahim and Irwan were supposed to be tried separately, was adjourned for a week as Irwan failed to show up.

Irwan also did not appear at last Monday's trial.

According to Irwan's lawyers, who are also from PBHI, Irwan refused to come as he had not received the summons though prosecutor Soejitno said that it had been sent to him.

Presiding judge Poerwono then called on prosecutors to force Irwan to show up at the next trial. (hdn)