Prisoners' appeal for clemency sparks debates

JAKARTA (JP): The appeals of three political detainees for special clemency from the President provoked a fierce debate among legal observers and human rights campaigners yesterday.

One camp said they believe that the prisoners deserve clemency because they have paid for their past crimes, but the other maintained that the convicts are "unforgivable" traitors.

Soebandrio, Omar Dhani and Latief Cakraningrat, all convicted for their roles in the abortive communist coup in 1965, have submitted their appeals in the spirit of national reconciliation in line with Indonesia's 50th anniversary this year.

Soebandrio and Omar Dhani have had their sentences reduced from death to life imprisonment.

Contributing their ideas in the debate were legislators Suhardi, Kamil Shahab and Krissantono, former minister of justice Ismail Saleh, lawyer Todung Mulya Lubis, and human rights activist Marzuki Darusman.

Soebandrio and Omar Dhani are now serving life sentences at Jakarta's Cipinang prison, while Latief Cakraningrat remains on death row in the same correctional institution. They have submitted their requests for presidential clemency through the Jakarta office of the justice ministry.

The head of that office, Mohammad C. Alamsyah Boer, said last week he had passed the prisoners' requests on to Minister of Justice Oetojo Oesman.

Soebandrio, 80 years old, was deputy prime minister to President Sukarno when the abortive coup, blamed on the Indonesian Communist Party, was staged on Sept. 30, 1965. Air Marshall Omar Dhani, 71, was commander of the Air Force at the time and Col. Latief Cakraningrat was commander of the First Division of the Jakarta Military Command.

Suhardi, chairman of House Commission III overseeing legal matters, urged the President not to pardon the convicts because the move would bring major consequences.

"They are still traitors of our nation," he told reporters after presiding over a hearing with former minister of justice Ismail Saleh.

"Let them spend the rest of their lives behind bars because they have gained presidential clemency once already," he said. He was referring to Soebandrio and Omar Dhani, whose sentences were commuted by President Soeharto in 1980.

He said that both Soebandrio and Omar Dhani would be free once their requests for clemency were approved because they have served more than the maximum prison term of 20 years.

"What will happen if Soebandrio and Omar demand compensation for the remaining 10 years of jail term they have served?" he said.

Kamil Shahab said he is sure many people, especially relatives of the 1965 coup's victims, will object to the release of the prisoners.

"How would they feel if they see the prominent figures involved in the communist coup attempt released?" he told Antara news agency.

He stressed that their past actions were unforgivable.

"The release of Soebandrio and Omar Dhani will stir a fresh breeze for communism to gather strength in the country," he said, adding that the fall of communism in the former Soviet Union does not mean that the ideology is dead.

Krissantono, a legislator from the ruling Golkar faction, said their requests for leniency in relation to their sentences could be considered.

"I don't think Soebandrio still retains his political influence. He has no more support at the grassroots level with which to regain power," he said.

He said that the president could consider changing the status of Soebandrio and Omar Dhani into house arrest.

Ismail Saleh said it is important that Indonesia formulate a law that determines how many times a convict can obtain presidential clemency.

"Logically, the clemency is granted only once," he said. He added, however, the decision to approve their requests for clemency would rest with the President.

Mulya Lubis argued that the three political convicts have the freedom to request clemency as frequently as they think is right.

"They are old already. Isn't it already enough to have them behind bars for quite a long time," he told The Jakarta Post by phone yesterday.

"As a great and wise nation, we must be able to forget their past mistakes," he said.

Marzuki Darusman agreed with Lubis' argument, saying that the law on presidential clemency is also valid for the three political prisoners.

"We must treat the three situations purely as legal cases, not as political cases anymore since they have already served their sentences as decided by the court," he told the Post.

He said the President's decision should be based on humanitarian rather than political considerations.

"Though we still have to be wary of communism, it would be groundless to believe that communism would make a comeback if Soebandrio and Omar Dhani are released," he said.(imn)