Bambang Muryanto, Yogyakarta – The National Commission on Human Rights (Komnas HAM) fears intimidation of witnesses at the trials of 12 of the Army's Special Forces (Kopassus) members accused of killing four detainees at Cebongan Penitentiary in Sleman, Yogyakarta.
Speaking to The Jakarta Post after a discussion held at the Yogyakarta Legal Aid Institute (LBH) on Thursday evening, Komnas HAM chairwoman Siti Noor Laila said that security at the trials was not sufficient, creating an intimidating environment. "We support the Witness and Victims Protection Agency (LPSK) using a video link for witness testimony," she said.
She said the main courtroom at the II-11 Yogyakarta Military Court was too small and testifying witnesses would be standing too close to visitors. "This could intimidate the witnesses, which in turn could influence the trial process," she said.
A number of groups staged rallies outside the court building during the first hearing on Thursday. The demonstrators made loud vocal protests in front of the main courtroom as the military prosecutors charged the defendants with premeditated murder in the deaths of Hendrik Angel Sahetapi, Yohanes Juan Manbait, Gameliel Yermianto Rohi Riwu and Andrianus Candra Galaja.
The murdered detainees had themselves been suspects in the murder of former Kopassus member First Sgt. Heru Santosa.
Siti also called on the Yogyakarta Military Court to conduct a hearing at the penitentiary, arguing that the indictments that were presented by military prosecutors did not include a reconstruction of the crime scene. She said an on-site court session was permitted under Criminal Law Procedures Code (KUHAP).
"Trial sessions at the crime scene can serve as a means to examine discrepancies in the results of the investigations conducted by different fact-finding teams," she said, pointing to the fact that the rights body had concluded that there were more perpetrators than the 12 alleged by Army investigators.
Other differences, she said, included the presence of grenades that was not presented in the trial. Artists' impressions of the attackers made by the Yogyakarta Police were not presented either.
LPSK member Teguh Soedarsono was also disappointed that the panels of judges at the trials did not provide better security. "Initially only 10 witnesses asked to testify by teleconference, but now all of the 42 witnesses have requested it."
He also questioned the seniority of the military judges and prosecutors, who are of lower rank than the leading defense lawyer. The highest rank among the judges and prosecutors is lieutenant colonel, while the leading defense lawyer is a colonel.
Teguh suggested a temporary promotion of the judges and prosecutors through a military decree.
Separately head of the Yogyakarta Military Court's internal administrative affairs, Capt. Aulisa Dandel said relative seniority would not affect the trial process. "A problem would only arise if the defendants' ranks were senior to those of the judges," she said.