Pakpahan's lawyers want judge out

Pakpahan's lawyers want judge out

JAKARTA (JP): The defense lawyers of labor leader Muchtar
Pakpahan demanded the replacement of presiding Judge Djazuli P.
Sudibyo for alleged legal violations.

In a letter to the office of the supervising judge at the
Jakarta High Court, the lawyers listed "problems" they claim have
occurred from the start of the trial on Dec. 12 until Jan. 20.

The lawyers: Adnan Buyung Nasution, Moh. Assegaf, Bambang
Widjojanto, Dwi Ria Latifah, and Luthfie Hakim, said the problems
occurred because of Djazuli's "attitude and conduct".

The lawyers charged that the judge "had either deliberately or
unintentionally violated Criminal Code Procedures and Judge's
Code of Ethics" during the trial.

The lawyers cited a session when Djazuli ordered witness Berar
Fathia be isolated in a guarded room after accusing her of
perjury. They also cited alleged harassment of other witnesses
and themselves by Djazuli.

On the Jan. 20 session, Djazuli decided to hold Berar
"hostage" in a guarded room so she could "clearly reconsider" the
statements she had earlier made before the court.

When the defense lawyers said his decision was legally
unfounded, Djazuli retorted: "I'll take the responsibility for
that."

Berar was summoned by the prosecution to testify against
Muchtar Pakpahan, who is standing trial for allegedly undermining
the state ideology Pancasila and defaming President Soeharto.

Djazuli said Berar's testimony contradicted what she had
previously told the interrogators, which was included in the
dossier on Pakpahan. Berar argued that she had made the
statements in the dossier under stressful conditions. Besides, "I
was not under oath then, and I thought then that in court I would
be able to tell the truth".

The lawyers said Berar was only trying to reveal the various
threats and intimidations she had suffered during the
questioning, including by Prosecutor R. Moekiat in one session.

The lawyers argued that Djazuli did not treat two other
witnesses, whose testimonies differed from the ones they had
given to the investigators, the same way he did Berar.

Copies of the letter were sent to Chief Justice Sarwata,
Attorney General Singgih, and Djazuli.

The lawyers demanded the authorities uphold the dignity of the
country, citing the international attention focused on Pakpahan's
trial. They said the International Commission of Jurists, the
International Bar Association, and the International
Confederation of Free Trade Unions were international
institutions closely monitoring the trial.

Pakpahan, chairman of the independent Indonesian Prosperous
Labor Organization (SBSI), is being tried at the South Jakarta
District Court for subversion for several anti-Soeharto and anti-
Armed Forces statements allegedly made in speeches, in some SBSI
correspondence, and in his book.

In yesterday's hearing, Prosecutor R. Moekiat presented three
witnesses to testify against Pakpahan -- respectively deputy
chairman of the All-Indonesia Workers Union Federation Bomer
Pasaribu, former SBSI member Parid Mu'az, and Sutrisno of the
Ministry of Manpower.

PRD

Across the city, the subversion trials of Democratic People's
Party (PRD) activists continued at the Central Jakarta District
Court. Ridwan Saidi, the chairman of the Indonesian Peoples'
Council (MARI), one of a number of pro-democracy movements
established recently, took the witness stand in two of the three
separate trials being held.

In the trial of PRD leader Budiman Sudjatmiko and his
colleague Garda Sembiring, Ridwan testified that Budiman and
Garda were present at several preparatory meetings but were not
included on the board of council after the organization was
declared on July 1, 1996.

Ridwan confirmed an statement saying the two had demonstrated
"radical activities" at the meetings between June-July 1996.

"Garda's harsh rejection of the council's declaration reminded
me of the stance of the leftist movement when I was still an
activist in HMI (Moslem Students' Association)," said Ridwan who
was HMI chairman in the 1970s in both trials. "And I consider
Budiman 'unfair'".

But Ridwan said in the Budiman trial his statement was a
personal judgment. "However, I never heard any radical ideas from
the defendants."

Garda objected to the testimony, pointing out that Ridwan was
not there to express opinions but to reveal facts.

The trials were adjourned until Monday, Feb. 3. (08/35)