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Short sentences sought for 4 soldiers in Papua torture court-martial

Source
Jakarta Globe - November 9, 2010

Banjir Ambarita, Jakarta – Prosecutors at a military tribunal in Jayapura, Papua, on Tuesday sought three- to four-month prison terms for soldiers on trial for alleged abuses against 30 civilians in March.

The four defendants, all from the army's Yonif 753 Arga Vira Tama infantry battalion stationed in Nabire, stand accused of disobeying orders. The violence was recorded by one of the soldiers using a cellphone belonging to defendant platoon commander Sec. Lt. Cosmos.

"Cosmos as platoon commander had the authority to stop the violence committed by his subordinates. Instead he provided them with the opportunity to do so," Prosecutor Lt. Col. Edi Imran told Cosmos's court-martial, presided over by Col. Madjid Adnan.

The prosecutors sought four months' imprisonment and a Rp 20,000 ($2.25) fine for Cosmos for violating article 103 of the Military Penal Code. Another team of prosecutors led by Maj. Obet Manase sought three-month terms and a Rp 10,000 fine for the other three defendants. The defense is scheduled to present its final arguments when the court-martial resumes today.

International human rights groups have condemned the military for not prosecuting a more serious case depicted in another video that made it onto YouTube last month In the 10-minute video, as many as six soldiers could be seen torturing two men, applying a burning stick to one of the men's genitals and threatening them with a knife and a gun.

The military had said this week's court-martial would be that of the five soldiers implicated in this case of torture. Andreas Harsono, of Human Rights Watch, slammed the switch, which it blamed on "Indonesia's opaque military court system."

He said the military was never really willing to try the case fairly, despite orders to do so from President Susilo Bambang Yudhoyono. Andreas blamed factions within the military for "trying to fool everyone concerned with this case."

Markus Haluk, of the Papuan Customary Council (DAP), said that the hearing was a deliberate strategy to deflect international condemnation during the visit of US President Barrack Obama, who arrived in Jakarta for a two-day visit on Tuesday.

"The defendants were indicted on Friday, one witness was cross-examined and no victim was summoned to testify. This trial is all for show," he said.

The military has so far failed to say why it switched the cases. Few military officers have faced justice for rights abuses dating back decades, including alleged crimes against humanity in East Timor and the killing of thousands of political activists during the Suharto dictatorship.

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