Sun, 20 Jul 2003

Soldiers sentenced in Aceh rape cases

Tertiani ZB Simanjuntak, The Jakarta Post, Lhokseumawe, Aceh

A military court in Aceh sentenced on Saturday three Army soldiers found guilty of raping four young Acehnese women to between two-and-a-half and three-and-a-half years' imprisonment, the second such case to slap the military in the face over the last two months.

Convicted First Pvt. Awaludin, First Pvt. Husni Dwila and Chief Pvt. Seprianus Tertius Lau Webang took their one-week grace period, starting on Sunday, to decide whether to accept the verdict, file an appeal to a higher court or to ask for a presidential pardon.

Military prosecutors also asked for one week to file an appeal on the verdict, which was more lenient than the sentence they had sought.

The three, members of Battalion 411 Pandawa from Salatiga, Central Java, were charged with Article 285 of the civilian Criminal Code, which carries a maximum 12-year sentence.

Presiding Judge Maj. Trias sentenced Awaludin to two-and-a- half years' imprisonment, from which his detention period was deducted, for raping one of the four victims, all residents of Alue Lhok hamlet. The sentence is lighter than that the prosecutors had sought.

"The defendant has breached the military code of ethics and smeared the image of the TNI, as well as the joint military operation in Aceh. The defendant cannot remain in the ranks," the judge told the hearing at the tribunal in Lhokseumawe, North Aceh.

"In addition to the incriminating factors of this case, the defendant has hurt the hearts of all Acehnese, and the victim does not forgive the crime."

Rape is not only a crime under civilian law, but also under the military code of ethics, under both its sumpah prajurit (soldiers' oath) and sapta marga (seven principles). As such, the case has tarnished the military's image, more so as the crime was committed in Aceh, where the government has launched a four-part integrated operation consisting of the military operation, humanitarian aid, law enforcement and civil administration.

It is the second crime committed by soldiers tasked to crush the Free Aceh Movement (GAM) in the past two months. Last month, three other Army soldiers were jailed for beating three civilians in May, including a village head, in Lawang village, Bireuen regency.

Similar crimes, as well as alleged human rights violations, had frequently been committed by soldiers during the previous military operation of 1989 to 1998 in Aceh.

In a separate hearing, Presiding Judge Maj. Adil Karo-karo sentenced Husni Dwila to three years' imprisonment for raping three of the four women several times. The prosecutors had requested a three-and-a-half-year jail sentence.

Found guilty of raping all four of the victims, two of whom are married, Seprianus was sentenced to three-and-a-half years' imprisonment. Seprianus, a father of two, did not show any emotion as the judges took turns reading the verdict, although he cried at an earlier hearing when prosecutors read out their sentence proposal.

The three are now jailed at Lilawangsa military police headquarters.

The rapes occurred consecutively from June 20 to 22, when five battalion members were assigned to raid the hamlet for GAM members. The three, including one local villager, picked up the women from their homes, threatening them with interrogation under suspicion that the women were inong bale (GAM's female military wing).