Prosecutors seek nine months for foreigners in Aceh

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.