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The government gives hope to convicts serving life-terms

| Source: JP

The government gives hope to convicts serving life-terms

JAKARTA (JP): The government's move to give prisoners serving
life sentences the chance to redeem themselves and regain their
freedom is being hailed by a member of the National Commission on
Human Rights.

"This new policy shows that the government is starting to feel
at ease with the new political atmosphere in which more democracy
and openness is picking up," the Commission's Vice Chairman,
Marzuki Darusman, told The Jakarta Post yesterday.

Minister of Justice Oetojo Oesman disclosed on Wednesday that
convicts serving life terms can now work their way to freedom
through earning annual remissions.

The first step is to apply for presidential clemency to get
their sentences commuted to 20 years, Oetojo said during a visit
to the Cipinang Correctional Institution in Jakarta.

At present, remissions are to available only to inmates
serving fixed terms. They are granted for good behavior and
regular blood donations. The amount of time deducted from their
sentences each year ranges from one to six months.

"Those whose clemency petitions have been turned down by the
President can still have another try," Oetojo said as quoted by
the Kompas daily.

The new ruling appears to be the government's response to past
appeals from human rights campaigners to free some of the
political prisoners who have served more than 30 years.

Among them are Omar Dhani and Soebandrio, both cabinet
ministers who served under Indonesia's first president Sukarno.
They were jailed for their roles in the abortive 1965 communist
coup perpetrated by the Indonesian Communist Party (PKI).

Marzuki said a similar policy existed in the 1960s but it was
abolished in the 1970s.

"Now the government has reinstated the policy. This shows that
they are slowly overcoming an excessive fear of the past and that
traumatic phase in history ... The new regulation is a good
psychological breakthrough," he said.

New policy

Luhut Pangaribuan, director of Jakarta's office of the Legal
Aid Foundation, did not share the same enthusiasm as Marzuki
about the new policy.

"I have no objection, but you have to remember there are
certain principles one must abide with," he said.

"Asking for clemency is identical to a confession of guilt and
an appeal for mercy. Whereas, in the case of those serving life-
time sentences, the question of whether or not the person is
guilty still exists," he said, adding that not all of the people
who are serving life terms are willing to plead guilty.

He cited as an example his client Sirajuddin, more popularly
known as Pak De. Pangaribuan said his client will never confess
to having murdered top model Dietje.

The murder of Dietje several years ago caused a commotion
because most of the evidence pointed towards the possibility of
"highly-placed people" being involved. Observers suspected that
Pak De was only a scapegoat in the case.

"I know Pak De very well, and if he did ask for clemency, I am
sure it would be because he did not understand the matter well,"
Luhut said, commenting on suggestions that Pak De's was ready to
compromise and plead for clemency.

"Mixing clemency and remission under these circumstances can
bring certain implications ... If a prisoner asked for remission,
it would only be granted if he had good conduct, while he was in
jail," he pointed out.

Luhut said he doubted whether the new ruling was made on a
well-accounted, clear basis. "Judging from the contradiction
between legal procedures and the goodwill, I would say the move
was made too hastily." (pwn)

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