Markus Junianto Sihaloho – Activists have lambasted "lenient" sentences sought for three soldiers accused of torturing two Papuan men, but the military has urged the public to reserve judgment until the ongoing court-martial is finished.
Prosecutors on Thursday sought a year in jail for Second Sgt. Irwan Rizkiyanto, in charge of an Indonesian Armed Forces (TNI) checkpoint in Puncak Jaya, Papua, where he and two colleagues allegedly beat up and tortured the men, one of whom suffered burns on his genitals.
A video of the assault was posted on YouTube in October last year, prompting strong criticisms from international human rights groups and the launch of an investigation by the TNI.
Two others, First Pvt. Jackson Agu and First Pvt. Thamrin Mahamiri, face 10 months and 9 months in jail, respectively, for their roles in the torture.
In a press conference in Jakarta on Saturday, Markus Haluk, secretary general of the Papua Central Highland Students Association, said they were disappointed by the sentencing demands.
Such a lax court-martial, he said, will never stop the abuses of civilians that have persisted for years in Papua. "It robs the victims and their families of any sense that justice is being [served]," he said.
Haris Azhar, coordinator for the Commission for Missing Persons and Victims of Violence (Kontras), said the soldiers were being tried for insubordination rather than the more serious charge of torture.
He said this hindered attempts by the military to carry out sweeping reforms, part of which entailed amending the court-martial law.
"Because the law hasn't been amended yet, this court-martial is based on a poor law," Haris said. "That's why we deem the court martial one-sided.
"[The trial is] an attempt to save the commanders who ordered the abuse. Only the poor low-ranking soldiers will take the fall for this crime," Haris said.
However, Rear Adm. Iskandar Sitompul, a TNI spokesman, said the legal process had been "conducted properly and fairly."
He said the court-martial in Jayapura, Papua, was transparent, especially since the public and the press were allowed to observe or cover the proceedings. He also denied any meddling by TNI headquarters into the case.
"Let's respect the legal process and let the judge make the final verdict," Iskandar said. "Anyone not satisfied by the verdict can then file an appeal."
He said a team of high-ranking officers tasked to ensure the speedy conclusion of the investigation and prosecution had been deployed to the Papuan capital.
Iskandar also said the case would serve as a deterrent to prevent other soldiers from committing similar offenses. If a guilty verdict is handed down by the tribunal, he said, the convicted soldiers would be dishonorably discharged.
"A dishonorable discharge is the most horrible punishment a soldier can get because he gets stripped of his rights, experience, environment and daily life as a soldier at the same time," the spokesman said.
Asked if the TNI would compensate the victims' families, Iskandar said there was no such plan because the payment of damages was "not recognized by military statutes."
Earlier, Machfudz Siddik, chairman of House of Representatives Commission I which oversees defense and foreign affairs, said the US ambassador to Indonesia had backed the TNI's claim that the torture case was an isolated incident.
The military has repeatedly denied that the assault was ordered by an official higher up in the chain of command.
Speaking last week after a meeting with Ambassador Scot Marciel, Machfudz said the United States regarded the case as an incident that did not reflect wider problems within the military hierarchy.
"They appreciate what the military is doing because, for the first time, it's legally processing the alleged perpetrators," Machfudz said. "Indeed, the United States should appreciate our military's desire to show the world that it's committed to reform."