Prisoners' appeal for clemency sparks debates

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)