Pius, Andi refuse to testify in the trial of 11 elite troops

JAKARTA (JP): Pius Lustrilanang and Andi Arief refused on Friday to testify in the trial of 11 elite troops accused of abducting them and seven other political activists, citing their suspicions that the legal proceedings were unfair and incapable of truly solving the case.

The two activists said the prosecutor's charges failed to address the torture they endured during their abductions, the responsibility of commanding officers and the 13 other activists still missing.

Pius told the court that he refused to testify because the charges against the 11 defendants were incomplete. Andi said he would testify only if President B.J. Habibie and Armed Forces' Commander Gen. Wiranto first accounted for the 13 activists who are still missing.

Andi said Lt. Gen. (ret) Prabowo Subianto, the defendants' commander at the time of the abduction, was the one who issued the order for the abductions and so he must be held responsible.

Prabowo admitted before the Military Honor Council ordering the kidnapping of nine activists.

Andi said the Army's Special Force as a military institution was also involved in the kidnappings because the activists were detained, interrogated and even tortured at its headquarters in Cijantung, East Jakarta.

He suggested that the 11 defendants be cleared of all charges in exchange for the safe return of the remaining 13 activists.

The court also called activist Nezar Patria to the witness stand on Friday.

Initially, Nezar refused to testify, eventually agreeing to talk after Col. Susanto, who presided over the session, persuaded him to testify.

After being sworn in as a witness, Nezar said, "I really have the moral responsibility not to testify about the kidnapping because I still don't know the whereabouts of my friends."

"To me, it would be better if the court stop trying these eleven defendants altogether as long as the 13 other victims remain missing," he said.

Nezar, in his testimony, said that he, along with Aan, one of the still missing activists, was abducted at gunpoint by four men from his house in the Klender housing complex at 7 p.m. on March 13, 1998.

He said that one of the four men pointed a gun at his head when he asked where they came from.

He said he was then blindfolded and bundled into a car. After driving for about an hour, he was brought into a room and interrogated, receiving electric shocks during the questioning.

"I was interrogated about Andi's whereabouts. I was beaten and I was electrocuted. This took place for three consecutive days because I did not give them information about Andi ... my lips were bleeding because of the electric shocks. I tried to scream Allahu Akbar (Allah is Great) but they kicked me in the stomach," he testified.

He said that after being interrogated about his political activities he was brought to the headquarters of the Jakarta Police on March 15, 1998.

When the 11 defendants were brought into the courtroom, Nezar pointed at one of the defendants, saying that he was the one who had pointed a gun at his head.

The defendant rejected Nezar's testimony.

The National Commission of Human Rights recently called on the Armed Forces leadership and the government to halt the trial, claiming that it is an unfair proceeding.

Pius, Andi and Nezar were three of 23 activists who were kidnapped months before former president Soeharto resigned from office on May 21, 1998.

The other seven political activists who have since resurfaced are Desmon J. Mahesa, Rahardjo Waluyo Djati, Faisol Riza, Hendrawan, Mugianto, Aan Rusdianto and Haryanto Taslam.

The 13 activists who are still missing are Deddy Hamdun, Noval Alkatiri, Ismail, Herman Hendrawan, Suyat, Petrus Bima Anugrah, Yani Afri, Sonny, Ucok Munandar Siahaan, M. Yusuf, J. Muhidin and Triyono. (rms)