Prosecutors seek nine months for foreigners in Aceh

Nani Farida The Jakarta Post Banda Aceh

Prosecutors in Aceh demanded on Thursday a nine-month jail term for a Scottish researcher and an American nurse on charges of visa violations after soldiers found them carrying pictures and documents related to the separatist group Free Aceh Movement (GAM).

British researcher Lesley McCulloch and American retired nurse Joy Ernestine Sadler entered Indonesia using tourist visas but were engaged in research and medical activities instead, said Jamilah, who heads the team of local prosecutors.

Judging from their activities and belongings when soldiers picked them up in the district of Kluet Selatan, South Aceh, on Sept. 11, he said the two women had broken the 1992 immigration law.

"We demand the defendants be charged with nine months in jail," Jamilah said.

The two women were tried separately.

He added the jail term took into account the three months both had already spent in police detention since they were arrested on Sept 11. The maximum penalty for a visa violation is five years.

During the three-hour court hearing, Sadler said she regretted not being able to spend Christmas with her family. McCulloch, during a separate hearing, was reticent and stared at the ground.

Jamilah said that based on their own statements, the two women visited the village of Manggamat in South Aceh on activities that were not of a touristic nature.

Sadler treated locals for skin irritation and asthma, while McCulloch took photographs of villagers and GAM activities, Jamilah said.

He said prosecutors had returned the camera and laptop they had used as evidence, but retained the photographs and documents related to GAM.

Soldiers found, in the women's possession, photographs of McCulloch and GAM's exiled rebel leader Hassan Tiro, GAM activities and a torture room, as well as maps showing the locations of Indonesian military (TNI) and National Police posts across the restive province.

Prosecutors had initially sought espionage charges against them, but they would have had no case under such charges since Indonesia revoked the 1963 subversion law in 1999.

Both women denied links with GAM or possessing separatist documents, and claimed they had been sexually harassed by soldiers.

Their lawyer Rufriadi rejected charges that the two had violated their visas. "Lesley and Joy did plan to visit several tourist spots; and the immigration office never told them which places they must not visit," he said in the rebuttal.

He added that the defendants were taken by an armed group to an area where they were told to record the surrounding activities as well as treat sick locals. "It's not possible to say no under these circumstances," he said.

Although claiming to be in relative good health, Sadler claims she is HIV positive and has been on a hunger strike since Nov. 27.

"I just drink water, but don't eat. I am tired of crying and I pray to God; I feel safe now. I hope the trial will be over soon," she was quoted as saying by AFP.

However, Johnson Panjaitan, another legal representative of the two defendants, said that Sadler's condition was deteriorating.

"I feel great but the process is taking a long time," McCulloch said. She said was she confident that authorities would not imprison her and deport her, as there was not enough evidence against her and Sadler.

The next hearing will be held on Dec. 23, when the prosecutors will respond to the defense's rebuttal.

McCulloch said earlier she believed her arrest had more to do with her critical articles on TNI's role in the war in Aceh.

GAM has been fighting for an independent state since 1976 and, at the time McCulloch and Sadler were arrested, was still at war with TNI. Fighting has subdued after both sides signed a truce agreement on Dec. 9.

Over 10,000 people have died in the conflict, mostly civilians. Rights activists have charged both government and GAM troops of human rights violations.