Students to be freed but case continues
Students to be freed but case continues
BOGOR (JP): Police are considering the release of three
students suspected of killing a police officer, but insisted that
their case would be brought to court, an officer said yesterday.
Bogor Regional Police chief Col. Abubakar Nataprawira said he
would consider releasing the three Juanda University students
from police custody.
The move, however, would not mean that the charges against
them had been annulled, he said.
"We'll continue the case in court," Abubakar said after
meeting with members of the National Commission on Human Rights,
lawyers and representatives of the university.
The police decision did not satisfy fellow students and the
university's rector.
After meeting with Abubakar, Juanda University rector Abadi
Soetisna urged the police to unconditionally free his students.
"For the sake of the law and the nation, please release our
students. We are 100 percent sure that they are not guilty,"
Abadi told reporters at the Bogor Police Headquarters.
Outside, hundreds of students staged a demonstration,
demanding the release of their friends, Emon Wahyudi, Tb. Ade and
Syaifullah.
They pledged to continue their rally until the three were
released.
Charges
The three students could be charged under Article 170, Article
351 and Article 214 of the Criminal Code.
Article 170 on mobbing carries a maximum punishment of 12
years in jail, Article 351 on torture carries a maximum penalty
of two years and eight months while Article 214 on fighting
against security officers carries a maximum punishment of 15
years in jail.
Commission member Clementino dos Reis Amaral said the police
would likely charge the students for mobbing since they had
allegedly caused injuries stipulated under Article 170 (2.1).
"The police apparently decided not to charge the students with
murder," Amaral said.
The police has accused the three students of being involved in
the mobbing that led to the death of Second Lt. Dadang Rusmana,
head of the Bogor police intelligence unit, during a May 9
student demonstration on the campus.
The accusations became controversial this week when forensic
expert Yuli Budiningsih, who performed the autopsy of the
officer's body, publicly disclosed that Dadang's death was caused
by a heart attack.
Amaral said the commission would discuss all new findings,
including the different explanations of death by police and
forensic experts.
He urged the police to immediately release the students and
bring the case to the court soon.
Torture
Amaral, who met the three students at the Bogor Police
Precinct yesterday, also said that the students had been tortured
while being detained.
In another related development, National Police spokesman
Brig. Gen. Da'i Bachtiar expressed concern over Yuli's decision
to disclose the postmortem results publicly before notifying the
police.
"So the postmortem (result) should not be revealed to the
public. It must be given to the police first for further
investigation.
The investigation is done based on justice, and therefore, the
postmortem result cannot be disclosed until it is used in the
courtroom," Da'i said.
He said the postmortem was only one determining factor in
running an investigation. Other aspects, such as witness and
expert testimonies, hard evidence and defendant testimonies were
needed to build a case, he said.
Yuli, a forensic expert at the Indonesian Red Cross (PMI)
Hospital, said that there were no signs of torture on the body.
Abubakar, who is to be promoted to West Java deputy police
chief, yesterday asked another forensic expert, Mun'im Idries of
Cipto Mangunkusumo General Hospital, for a second opinion on the
autopsy.
Mun'im said Yuli's public announcement over the autopsy result
was unethical.
"The result is a legal matter. The autopsy was ordered by the
police and should be submitted to the police. It depends on the
police on how to use the result," Mun'im said.
The autopsy result could be examined by another forensic
expert who could have a different opinion, he said.
He reminded that an autopsy result contained two things: facts
and opinion.
He said the facts produced a conclusion which was a matter of
opinion. "It's the conclusion that will become evidence in
court." (24/edt/jun)