Amir Tejo & Dessy Sagita – The Surabaya District Court acquitted Nahdlatul Ulama figure Rois Al-Hukama of all charges on Tuesday, arguing that no witnesses directly saw the Sunni leader participate in last August's deadly anti-Shiite rampage in Sampang, Madura Island.
Rois faced charges of participating in a mob attack and vandalism after more serious charges were dropped. Prosecutors demanded two years in prison, but judges at the Surabaya court said the case lacked sufficient evidence.
The court heard testimony from 21 witnesses, but only one of them was able to place Rois in the mob that left two dead.
"There was only one witnesses who said the defendant was among the mob who attacked the Shiite Muslims, and the panel of judges doubted the testimony because the witness did not see it directly," Judge Ainur Rofiq said. "He heard it from someone else."
A mob of 500 Sunni Muslims rampaged through a village in Sampang's Omben subdistrict on Aug. 26, hacking one Shiite Muslim to death and setting fire to more than 30 homes. The brutal attack drove the beleaguered Shiite community from their homes.
Those who remained in the region, or refused to convert to Sunni Islam, were forced to live in spartan conditions in an unadorned sports complex. Few, including several lawmakers with the House of Representatives, have offered to extend aid to the displaced community.
Rois was a central figure in early narratives of the violence, which focused on a dispute over a woman with brother and Shiite boarding school head Tajul Muluk. The brothers began feuding in 2004 after Rois lost a woman he planned to marry to a man from Tajul's school.
The family feud inflamed anti-Shiite sentiment in the region, sparking multiple attacks against the Shiite minority. The Ministry of Home Affairs focused on the story of the feud, with minister Gamawan Fauzi denying the wave of violence was anything more than a family dispute that got out of hand.
In the end, the prosecution was unable to prove Rois participated in the attack or uttered the words that set off the mob. Witnesses could only say Rois asked his followers to mass in Nangker Village. Rois testified that he was home when the violence occurred.
The court said its decision to drop the charges had restored Rois' honor. "The defendant was not proven guilty of committing murder," Ainur said. "He will be freed of any charges requested by the prosecutors and his honor will be restored."
Human rights groups called the verdict disappointing, but expected. "This is an expected show," said Haris Azhar, coordinator of the Commission for Missing Persons and Victims of Violence (Kontras).
"The police pretend to bring the violent mob to court, but the prosecutors did not work hard enough to prove their involvement. In the end, the perpetrators walk away free."
Seven men originally detained in the wake of the attacks walked free on a lack of evidence. Only one man, who has been accused of stabbing a Shiite Muslim in the head, still faces charges. The prosecutor demanded 12 years in prison for Hadiri, the accused. His trial is still ongoing.
Haris accused police of purposely charging men like Rois with charges that won't stick. Indonesian law enforcement only tries to silence critics in the media and civil society, not actually prosecute those who commit violent acts against religious minorities, he said.
"There were a lot of articles that could be used to charge the perpetrators, like inciting violence or spreading hate speech, but the prosecutors failed to interpret the criminal code properly," he said. "Our law enforcement definitely lacks the courage to charge people who have abused or harassed minority groups. "Everything was just a show."