Soeharto to rule on clemency for ex-communists

JAKARTA (JP): Minister of Justice Oetojo Oesman says that President Soeharto still has to evaluate clemency requests from three political prisoners, despite Armed Forces Chief Gen. Feisal Tanjung having ruled out the possibility of releasing them.

"Gen. Feisal commented on the prospect of a general amnesty for political prisoners because Soebandrio, Omar Dhani, and Abdul Latief are seeking clemency from President Soeharto," Oetojo told reporters on Wednesday night.

The three, who are serving life terms in prison for their role in the abortive 1965 communist coup, have been encouraged by the government to apply to have their sentences commuted to imprisonment with fixed terms.

Legal experts said if the requests were granted, the three men, now in their 70s and 80s, could be freed because by law one cannot be imprisoned for more than 20 years. The three men now in the Cipinang Correctional Facility have been in prison since 1966.

Oetojo stressed that amnesty and clemency are different in legal terms, with one referring to complete pardon and the other being a sentence reduction.

Feisal's remarks, made during a hearing with the House of Representatives on Tuesday, referred to amnesty, he said.

"I agree with Gen. Feisal that the communist accomplices deserve no pardon," he said.

In security terms, these political prisoners still pose a potential danger for national security and stability, he said, echoing the chief reason cited by Feisal for keeping the three inside.

"The 1965 abortive coup attempt was not the first coup attempt organized by the PKI," he said, referring to the now outlawed Indonesian Communist Party which was blamed for the putcsh and a similar attempt in 1948.

Oetojo said that presidential clemency, if granted to the three political prisoners, would be based mainly on humanitarian grounds rather than security, which was the military's chief concern.

A number of senior politicians, legal experts and human rights campaigners have urged the government to release the three political prisoners. They say that they have paid their dues to society and that at their present age, they should no longer be considered a threat to national security.

They also argued their case on the grounds that this year marks Indonesia's 50th independence anniversary and that it is a good time for the government to reconcile its differences with its opponents, including the three prisoners.

The government has announced its plans to grant special remissions to thousands of prisoners in connection with the Golden Anniversary.

Oetojo said on Wednesday that prisoners serving life sentences generally do not qualify for remission. Political prisoners, however, may apply for special presidential clemency to have their sentences commuted to a fixed term.

He said President Soeharto would rule on the matter before Independence Day on Aug. 17.

Meanwhile, Muladi of the National Commission on Human Rights fully understands the military's concern with security if the three are released, but said that there must be a limit to how long they spend behind bars.

Muladi also warned that Indonesia will be widely criticized abroad if the political prisoners die inside.

Soebandrio was deputy prime minister to President Sukarno when the 1965 coup was staged. Air Marshall Omar Dhani, 71, was commander of the Air Force at the time and Col. Abdul Latief, 69, was commander of the First Infantry Brigade of the Jakarta Military Command.

The three men were originally condemned to death for their roles in the coup, but their sentences were later commuted to life imprisonment after they applied to President Soeharto for clemency. (imn/har/03)