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Lawyers object to prosecution of Airborne unit soldiers

| Source: JP

Lawyers object to prosecution of Airborne unit soldiers

Apriadi Gunawan, The Jakarta Post, Medan

The lawyer team representing 19 members of the Airborne unit who
face a total of 47 years and 10 months imprisonment
over their involvement in the Binjai attacks, objected to the
prosecution because the prosecutors had no evidence that their
client had used firearms during the incidents.

"The prosecutors also failed to provide evidence to prove
whether or not our clients violated Emergency Law No. 1/1965
regarding the right of soldiers to use arms.

"Based on witness testimonies, all soldiers have to wear their
uniform, as well as carry their weapons, once they hear the sound
of an alarm signaling a dangerous situation," Major B. Zebua, a
member of the lawyers' team, told a tribunal session here on
Monday.

Prosecutors in the previous session sought a total of more
than 47 years for the 19 defendants, and said they were proven
guilty of using their arms to launch two attacks on the police
station in Binjai and the Mobile Brigade headquarters on Sept. 28
and Sept. 29 respectively, killing 12, including three civilians.

Zebua, however, conceded that the defendants launched the
attack on the police station, but underlined that "the defendants
must be acquitted of the charges because one of the charges is
groundless and has no evidence."

"Therefore, we request the panel of judges reject all charges
against the defendants," Zebua said.

Former Bukit Barisan Military commander Maj. Gen. Idris
Gassing said the attack was initiated by Chief Pvt. Rahmat, who
was upset about the arrest of a civilian colleague for drug
possession.

Rahmat wanted his friend freed but the police at Langkat,
where the drug trafficker was detained, refused to do so. Angered
by the officers' refusal, Rahmat called on a number of fellow
soldiers to attack the police station.

Later on, the Army replaced Idris with Maj. Gen. Tritamtomo,
while 20 soldiers, believed to be responsible for the attack,
were discharged immediately for violating the military's code of
ethics.

Earlier, prosecutors divided the charges into two dossiers. In
the first, involving nine soldiers, the prosecutors accused the
defendants of violating Article 351 of the Military Law, which
threatens a jail sentence ranging from 10 months to three years.

The remaining 10 soldiers were included in the second dossier.
The defendants are accused of violating Article 1 of Emergency
Law No. 12/1951 and Article 179, line 1, of the Military Law,
threatening three years and six months imprisonment.

The prosecutors also demanded the tribunal discharge the 19
soldiers from military service.

The trial was adjourned to Thursday to hear the response of
prosecutors.

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