The trial must go on: Military prosecutors

JAKARTA (JP): The trial of 11 elite soldiers charged with abducting political activists last year reopened on Tuesday, with the military prosecutors rebutting defense arguments that the court was not qualified to try the defendants.

In the second session on Dec. 31, the defense lawyers had argued the charges against the members of the Army's Special Force (Kopassus) -- a major, seven captains and three sergeants -- should be dropped because prosecution failed to differentiate between "deprivation of freedom" and "kidnapping".

"It is possible that within one criminal act, violations of law could result in two criminal charges," military prosecutor Harom Widjaya told the Jakarta Military Court in Klender, East Jakarta.

Article 328 of the Criminal Code stipulates that kidnapping carries a maximum penalty of 12 years imprisonment while article 333 stipulates that depriving a person of his/her freedom carries a penalty of up to eight years.

The courtroom, which was packed in the opening session on Dec. 23, was half empty on Tuesday. The parents of some of the 13 activists who were allegedly abducted attended the session.

Harom also rebutted the defense lawyers' arguments that the Jakarta Military Court had no jurisdiction in the case because one of the series of abductions was conducted in Lampung in Sumatra.

Harom said the team of alleged kidnappers should be tried in Jakarta because they conducted and planned most of their operations in the city.

"The order to arrest the nine witnesses was given and planned in Jakarta," Harom said, adding that the activists were also held in detention in the city.

Kopassus was under the command of a son-in-law of former president Soeharto, now-retired Lt. Gen. Prabowo Subianto, at the time of the kidnappings.

The elite troops were believed to be involved in the kidnapping and torture of at least 23 activists early this year, but the charges against the defendants only relate to the nine who have since resurfaced.

The prosecution argument, that the 11 acted on their own initiative out of desire to safeguard the country from subversive elements, has been greeted with criticism by human rights activists who have called the court-martial "a farce to protect the top officers of the military and Soeharto".

Armed Forces (ABRI) Commander Gen. Wiranto discharged Prabowo from the military and released two other senior Kopassus officers from active duty in August.

Presiding judge Col. Susanto adjourned Tuesday's hearing without comment on the prosecution arguments. The trial is scheduled to resume on Friday.

The prosecution asked that it be able to present five of the kidnapping victims as witnesses on Friday, and listed them as Aan Rusdianto, Mugianto, Feisol Reza, Pius Lustrilanang and Nezar Patria. (byg)