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Human rights court orders officers' trial to continue

Source
Jakarta Post - June 15, 2004

Andi Hajramurni, Makassar – A panel of judges dismissed on Monday defense pleas by two senior police officers charged with human rights abuses in Papua, ruling that their ad hoc rights trials must continue in Makassar, South Sulawesi.

The charges laid by prosecutors against the two defendants – Mobile Brigade deputy chief Brig. Gen. Johny Wainal Usman and Papua Police spokesman Adj. Sr. Comr. Daud Sihombing – are complete and accurate, the judges said.

The judges said the charges complied with "formal and material conditions" as regulated in Article 153 (2a) of the Criminal Code Procedures. "Therefore, the pleas presented by the defendants and their lawyers cannot be accepted and we declare that the trials will continue," presiding judge Jalaluddin Amin said.

He said the court would summon at least 98 witnesses to testify for or against, Johny, 49, and Sihombing, 45. Lawyers for the two defendants said they would appeal the ruling.

The two police officers could face jail terms of 25 years to life if found guilty of rights abuses. Last month, prosecutors told the Makassar court that Johny and Sihombing were guilty of violating articles 39 and 42 of Law No. 26/2000 on human rights. The two failed to prevent their subordinates from committing rights violations, according to prosecutors. Neither did they hand over their subordinates to the authorities for investigation and prosecution.

The alleged abuses took place on December 7, 2000, in Abepura, about 20 kilometers south of the Papua capital Jayapura. They were triggered when 30 residents armed with sharp weapons attacked and set fire to the Abepura Police station at about 1:30 a.m.

Sgt. Petrus Eppa was killed and three other policemen were injured in the incident. In a separate attack on the Irian Jaya Autonomy office in Abepura, a security officer, identified as Markus Padama, was killed.

About an hour later at 2:30 a.m., the Abepura Police, assisted by the Jayapura Mobile Brigade, began a search for the perpetrators of the attacks, scouring nearby residential areas and hostels, including a student residence.

During the search, police allegedly arrested, assaulted and tortured at least 99 residents suspected of having been involved in the attack, resulting in three deaths. Elkuis Suhunaib, 18, reportedly died during the search while Johny Karunggu, 18, and Orry Doronggi, 17, allegedly were tortured to death.

At the time of the incident, Johny was the commander of the Jayapura Mobile Brigade and Sihombing was the local police chief.

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