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Walhi appeals over environment trial

Source
Jakarta Post - September 25, 2006

Syofiardi Bachyul Jb, Padang – The West Sumatra chapter of the Indonesian Forum for the Environment (Walhi) plans to appeal the Padang District Court's decision refusing to hear its lawsuit against West Sumatra Governor Gamawan Fauzi.

Walhi had filed the suit against the governor over his recommendation that forestry company PT Salaki Summa Sejahtera be allowed to operate on Siberut Island.

The panel of judges at the Padang District Court led by Hasan Basri rejected Walhi's lawsuit Thursday, saying the Padang court had no jurisdiction over the case. The court ruled Walhi should take the case to the State Administrative Court.

Alvon Kurnia Palma, the head of the Padang Legal Aid Institute, said Saturday the decision to reject Walhi's lawsuit was wrong.

"The panel of judges should not have rejected our suit. The suit hinged on a statement made by the governor that an integrated team had made a recommendation to the Forestry Minister (Malam Sambat Kaban for the concession) although in reality the team had not made any such recommendation," Alvon said.

What was under question was the governor's actions, not his recommendation, he said. "This means the case should clearly be tried at the Padang District Court," Alvon said.

Walhi would appeal the court's decision within the next 14 days after receiving the notification, Alvon said. "The rejection by the panel of judges was strange because if we did send the lawsuit to the administrative court, it would have clearly be turned down, as the 90-day limit to file the suit has expired," he said.

Walhi filed the lawsuit against the governor after he sent a letter to Kaban on Sept. 5, 2005, recommending he issue a license to PT Salaki Summa.

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