'Tempo' chief editor calls for end of press persecution

'Tempo' chief editor calls for end of press persecution

Urip Hudiono, The Jakarta Post/Jakarta

Tempo chief editor Bambang Harymurti asked the panel of judges to
deliver a fair verdict at Monday's trial of a libel suit filed by
businessman Tomy Winata against the weekly's journalists.

Reading his defense plea titled A Journalist's Critic at the
Central Jakarta District Court, Bambang said press freedom in the
country was again under threat, with journalists targeted by
defamation suits using the Criminal Code rather than the use of
press Law No. 40/1999.

"This court, through its ruling on the case, will either help
to further undermine press freedom or help uphold the country's
press freedom and democracy," he said.

Bambang lambasted the prosecution's demand for a two-year
sentence for him and journalists Ahmad Taufik and Teuku Iskandar
Ali as unjust and absurd.

"How could journalists, who have carried out their duties
according to the press law, be treated like dangerous criminals
and be threatened with prison sentences, while those who
violently attacked the Tempo office be acquitted from all
charges," he said.

The prosecution has demanded a two-year jail term for the
Tempo journalists for violating Article 14 of Law No. 1/1946 for
publishing false material that could provoke public unrest, and
Articles 310 and 311 of the Criminal Code for defamation.

Tomy accused the journalists of defaming him through an
article in the weekly's March 3 to 9, 2003 edition titled 'Is
Tomy in Tenabang?', which insinuated he was involved in a fire
that razed the Tanah Abang textile market, Central Jakarta, so he
could go ahead with a renovation project.

Bambang said he suspected the country's legal system was being
used by those in power -- or those with close connections to it
-- to strangle the country's press freedom.

Answering the prosecution's charges, Bambang explained the
article was not untrue as Tempo had cross-checked the facts in it
according to basic journalism principles.

Even if the article was found to be obscure in its use of
language, the prosecution had not charged the journalists for
this offense under Article 15 of Law No. 1/1946.

As for accusations of defamation, Bambang explained that
testimonies from journalists and language experts had shown that
the article was in fact in favor of Tomy.

"The damage to Tomy's reputation was in fact done by his own
men, when they attacked the Tempo office and when he delivered a
false testimony for this trial," he said.

Bambang demanded the case to be tried in reference to the
press law.

"Article 63 of the Criminal Code stipulates any special law
overrules a common law, so the press law should be used for this
case," he said. "Furthermore, Ahmad and Taufik should also be
acquitted from all charges, as I am the chief editor and should
be the one holding responsibility according to press law."

Monday's hearing was attended by several prominent figures --
human rights activist Munir, political observer Andi
Mallarangeng, economic analyst Lin Che Wei, Tempo senior
journalists Goenawan Mohamad and owner of Media Indonesia and
MetroTV Surya Paloh -- showing their support for Bambang.

The hearing was also attended by the International Federation
of Journalists (IFJ) representatives -- including press law
experts Joe Nolan of Australia and Suranjith Hewamanna of Sri
Lanka -- to closely monitor the trial.

In its press release, the IFJ demanded the government drop all
articles of defamation -- including those protecting the
president -- from the Criminal Code and set a reasonable limit
for compensation damages in the Civil Code.

To remind the public of how the press had participated in the
struggle for freedom and democracy in the country, a movie was
screened before Bambang read his plea.

The movie, titled A Note on the Establishment of Press
Freedom, showed chronologies of how Tempo and Detik tabloid were
shut down on June 21, 1994. It also showed the founding of the
Alliance of Independent Journalists (AJI) at Sinargalih, Bogor,
on Aug. 7, 1994.

The judges' will deliver their verdict on Sept. 6 after
prosecutor Robert Tacoy reiterated his sentence demand and did
not request a session to answer the defense.

In a separate trial for Ahmad Taufik and Teuku Iskandar Ali,
presiding judge Suripto adjourned their trial until Aug. 30 to
give the defense more time to prepare.