Banda Aceh – The Court Martial which sat in Banda Aceh on Saturday 30/1 sentenced Major Bayu Najib to six years' imprisonment for having viciously beaten up a number of detainees in the KNPI building in Lhokseumawe this January.

Aside from the six years in prison, the tribunal which was headed by Colonel Sri Umi Sularsih, SH, also ordered Major Bayu to be discharged from the army and to pay Rp 7.500,-.

"The court finds that the defendant is not either a good soldier or leader who is responsible. Such a soldier cannot be allowed to maintain life as a soldier," said Sri Umi Sularsih.

According to the court, the defendant was proven to have attacked and beaten a number of detainees who had been held during the Wibawa 99 operations in the KNPI builidng in Lhokseumawe. He was found guilty of having violated 170 (1) and (2) of the criminal code, that is the use of violence resulting in injuries.

The courts stated that the defendant had committed these acts of torture because of emotion, revenge and anger at the murder of seven of his soldiers, of which only six bodies have been found.

Moreover said the judge, the defendant had not only failed to prevent soldiers from beating up the detainees, but had joined in himself.

The military court acknowledged that Major Najib had acted out of revenge, that his actions came at a time when the military was attempting to carry out human rights and legal reforms, that as an officer he should have set a better example to his subordinates and that he should have been more aware of how his actions would have been perceived by them.

"Thus, the sentence reflects the aim to educate in order that others may be aware and return to better ways and become good citizens in accordance with the Pancasila," said the judge.

The Legal Head of I/BB Regional Command, Colonel Tarang Mastur, SH, told reporters that the sentence was heavier than the two years demanded by the auditor, because an officer should be concerned with security, not creating unrest.

Because his actions were not in accordance with the orders of ABRI leadership, he has been given the maximum sentence.

Sorry

Major Bayu Najib told reporters that he apologised to the people of Aceh. "I regret what happened because I only intended to obtain information concerning seven of my soldiers who were killed," he said.

He added that his sentence was too heavy, but that the case is in the hands of his lawyers, who may appeal or ask for clemency from the President.

23 Other to Court

At least 23 other privates are to be tried in connection with the incident in Lhokseumawe. Including the four who have already been taken to court, that makes a total of 27 soldiers.

The four who have already been taken to court are Amsir, 29, Manuhun Harahap, 31, Manolam Sitomorang, 29 and Effendi, 35, which was submitted on 16 January. They were sentenced to seven years imprisonment each as well as being discharged from the armed forces.

The four were charged under 170 (1) and (2) together with 35 (1) and 55 (1) of the criminal code, with a maximum sentence of 12 years.