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SBY urged to try army in public court

Source
Jakarta Globe - April 9, 2013

Human rights activists have called on President Susilo Bambang Yudhoyono to issue a special regulation allowing 11 members of the Army to be tried in a public court for their alleged execution of four detainees in a Yogyakarta prison last month.

Hendardi, chairman of human rights organization Setara Institute, said the 11 Special Forces (Kopassus) officers allegedly involved in the March 23 attack in Sleman committed an extraordinary crime.

Hendardi said that Yudhoyono needed to issue a regulation in lieu of the law, known as a perppu, because past experience showed that a military court would not be able to hear the case impartially.

"So, a perppu doesn't necessarily have to be based on a physical emergency situation or based on a legal vacuum. The deliberation on the military court bill had been halted because the military had rejected the draft. The Cebongan Prison incident should serve as momentum to push for an acceleration to the issuance of a new regulation," Hendardi said in a statement on Monday.

He said there was another way to have the Kopassus members tried in a public court: to file for a judicial review seeking to declare them as unconstitutional.

He said the president appeared hesitant to issue the perppu because he was politically weak and relied on protection from the Army.

"This excuse is unacceptable because letting the 11 officers to be tried in the military court means that SBY is condoning [violence] and he's even supporting impunity. There's no guarantee of a fair trial in the military court," the activist said.

In response to the perppu call, presidential adviser Daniel Sparingga said that the main focus of investigations was to reveal details on the case and the chronology and to hold accountable those involved, as well as gather evidence and interview witnesses to ensure that no details are missed.

He said it was not an appropriate time to open debate about trying the officers in public court, and that if the existing law is considered imperfect, then it should be brought to the legislature with proposals for amendment.

He added that the public should not make a habit of seeking the issue of a perppu as a short-cut to a case, because a perppu is only relevant during a legal vacuum or other emergency situation.

"The other priority is to ensure a transparent trial before the public and that the trial mechanism is in accordance with the law."

Former chairman of National Human Rights Commission (Komnas HAM) Ifdhal Kasim called for a halt to statements that glorified the 11 officers because they killed alleged thugs.

"To ensure that the supremacy of the law is enforced, TNI must punish the 11 perpetrators and not turn around the situation by saying that killing thugs was justifiable. This will only open room for legally unfounded justification," Ifdhal said in Jakarta on Monday.

The Army leadership admitted to Kopassus's involvement last week.

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