Presumption of innocence

Presumption of innocence

From Neraca

Apparently not everybody understands the principle of presumption of innocence. It is not rare that the defendant in a case experiences a trial by the press as well as a trial by the public.

It happens because law enforcers, either intentionally or not, issue statements which put the defendant in a tight spot before there is a clarification in a court of justice.

What a number of high-ranking officers of the military are experiencing in the case of the postreferendum period in East Timor is a concrete example that needs the attention of the law enforcing apparatus.

The treatment that tends to corner the generals infringes on the agreed positive law prevailing in the country. The people who are intent on enforcing the law seem to deviate from the spirit and objective of the law.

The much-proclaimed enforcement of human rights has instead caused violation of human rights toward the military.

The military has become a victim of an arbitrary law enforcement as if the principle of human rights does not apply to it. So it is simply justifiable to apply the principle of presumption of innocence to the defendants, the absence of which can be a great disadvantage on the part of the military, either as individuals or an institution.

The principle of presumption of innocence should apply to all Indonesian citizens without differentiating background and profession. I think the community will be content to see that the investigation of human rights violations committed by the military takes place in a fair way.

POERWA S.

Jakarta