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Indonesia: Navy personnel sentenced with light punishment for assassinating environmental activist
Asian Human Rights Commission Urgent Appeal - April 18, 2016
Dear Friends,
The Asian Human Rights Commission (AHRC) has received updated information regarding the trial process into the case of the assassination of Mr. Jopi Teguh Lasmana Peranginangin (39), an environmental activist. Military judges have convicted the defendant with light punishment, and no further consideration has been made for the other military personnel involved in the case. The Military prosecutor, since the beginning of the trial, has only chosen to prosecute one navy personnel and ignored involvement of other accused. According to witnesses, it was four or five personnel who brutally attacked Jopi.
Updated information:
On 11 April 2016, Military judges of the Military Court II 08 Jakarta convicted Private-in-Charge (Praka) Joko Lestanto, a member of the Marine Corps' Amphibious Reconnaissance Battalion (Yon Thaifib Marinir TNI AL), to two years in prison and dishonorable discharge from Navy service.
The defendant was charged under Article 338 of the Indonesia Penal Code (KUHP), which has a maximum sentence of 15 years in prison. The Military prosecutor had however only chosen to prosecute the defendant for up to five years in prison, and now the Military judges have only finally sentenced the defendant to two years in prison.
The light sentence also proves that investigation undertaken by the Navy Military Police (POMAL) did not meet the standard of proper investigation. Despite many witnesses having stated that more than four people (without uniform) attacked Jopi, the investigation resulted in only one Navy personnel being charged.
This also indicates that under the Law No. 31 of 1997 on the Military Court, the Court does not apply fair trial principles and, the Court become part of impunity, where serious crimes, such as murder and torture, are sentenced with light punishment, without remedy for the victims. Moreover, the families of victims, in many cases, also face difficulties in accessing the Court.
Furthermore, we have learned that some cases of criminal offences conducted by Military personnel, under massive media coverage, will be conducted immediately so as ensure that command responsibility of the commander is evaded.
Additional information:
Considering the recurrence of criminal offences conducted by Military personnel, the Parliament should continue its initiative to amend the Law No. 31 of 1997 on the Military Court. One serious problem in the law is that location and time (locus and tempus) of the criminal offense conducted by the military personnel will not be considered. The Military Court will apply its jurisdiction in any circumstances, even if the victims are civilians and the crime has taken place in a public area.
The last debate in Parliament concerning amendment of the law on Military Courts was about the role of the Military Prosecutor. Broadly there were two opinions that emerged: the first one is that the prosecution responsibility should be given to the public prosecutor, and if the criminal offense occurs in the public area the case should be tried in the civilian court. The other view stated that the Military Court shall have jurisdiction over any criminal offense conducted by military personnel anywhere.
Suggested action:
Please write to the authorities listed below, asking them to undertake proper investigation with a fair trial standard and one that is transparent and independently monitored. Moreover, the Military prosecutor must immediately submit an appeal to the high Military Court to challenge the light sentence issued by the first Military Court.
The AHRC will write a separate letter to the UN Special Rapporteur on the situation of human rights defenders and the Special Rapporteur on extrajudicial, summary, or arbitrary executions calling for their intervention in this case.
To support this case, please click here: http://www.urgentappeals.net/support.php?ua=AHRC-UAC-035-2016
Sample letter:
Dear....................,
Indonesia: Navy personnel sentenced with light punishment for assasinating environmental activist
On 11 April 2016, Military judges of the Military Court II 08 Jakarta convicted Private-in-Charge (Praka) Joko Lestanto, a member of the Marine Corps' Amphibious Reconnaissance Battalion (Yon Thaifib Marinir TNI AL), to two years in prison and dishonorable discharge from Navy service.
The defendant was charged under Article 338 of the Indonesia Penal Code (KUHP), which has a maximum sentence of 15 years in prison. The Military prosecutor had however only chosen to prosecute the defendant for up to five years in prison, and now the Military judges have only finally sentenced the defendant to two years in prison.
The light sentence also proves that investigation undertaken by the Navy Military Police (POMAL) did not meet the standard of proper investigation. Despite many witnesses having stated that more than four people (without uniform) attacked Jopi, the investigation resulted in only one Navy personnel being charged.
This also indicates that under the Law No. 31 of 1997 on the Military Court, the Court does not apply fair trial principles and, the Court become part of impunity, where serious crimes, such as murder and torture, are sentenced with light punishment, without remedy for the victims. Moreover, the families of victims, in many cases, also face difficulties in accessing the Court.
Furthermore, we have learned that some cases of criminal offences conducted by Military personnel, under massive media coverage, will be conducted immediately so as ensure that command responsibility of the commander is evaded.
I therefore urge you to ensure that proper investigation under a fair trial standard should be conducted in this case to prosecute other perpetrators involved in the case. Moreover, the Military prosecutor must immediately submit an appeal in response to the light sentence given by the first Military Court.
The government and the Parliament must take initiative to ensure that amendment of the Law No. 31 of 1997 on the Military Court should be conducted without undue delay.
I look forward to your prompt action in this matter.
Yours Sincerely,
...................
Please send your letters to:
1. Mr. Joko Widodo President of the Republic of Indonesia Jl. Veteran No. 16 Jakarta Pusat INDONESIA Tel: +62 21 3458 595 Fax: +62 21 3484 4759 E-mail: webmaster@setneg.go.id
2. Mr. Yasonna Laoly Minister of Law and Human Rights; and Ministry of Law and Human Rights Jl. HR Rasuna Said Kav. 6 – 7 Kuningan, Jakarta 12940 INDONESIA Tel: +62 21 525 3006, 525 3889 Fax: +62 21 525 3095
3. Dr. Mualimin Abdi SH., MH Director General of Human Rights Office of the Director General of Human Rights Jl. HR Rasuna Said Kav. 6 – 7 Kuningan, Jakarta 12940 INDONESIA Tel: +62 21 5253006 Fax: +62 21 5253095
4. General Moeldoko Chief of Indonesian Military Mabes TNI Cilangkap Jakarta Timur INDONESIA Tel: +62 21 84595576, +62 21 8459-5326 Fax: + 62 21 84591193 Email: ppidtni@puspen.tni.mil.id
5. Professor. Amzulian Rifai S.H, LL.M, PhD Chairperson of Ombudsman of Republic of Indonesia Jl. HR. Rasuna Said Kav. C-19 Kuningan (Gedung Pengadilan TIPIKOR) Jakarta Selatan INDONESIA Tel: +62 21 52960894/95 Fax: +62 21-52960904/05
6. Mr. Mahfudz Siddiq Chairperson of the Commission one of the House of Representative [DPR] Gedung Nusantara II DPR RI, Lt I Jalan Jenderal Gatot Subroto, Jakarta, INDONESIA Tel: +62 21 5715.520, +62 21 5715.518/581 Fax: +62 21 5715. 328/+62 21 571 5687 Email: bag_pengaduan@dpr.go.id
7. Commissioner General Badroedin Haiti Deputy National Police Chief Jl. Trunojoyo No. 3 Kebayoran Baru, Jakarta Selatan 12110 INDONESIA Tel: +62 21 384 8537, 726 0306 Fax: +62 21 7220 669 E-mail: info@polri.go.id
8. Mr. Luhut Binsar Panjaitan Chairperson of National Police Commission Jl. Tirtayasa VII No. 20 Kebayoran Baru, Jakarta Selatan INDONESIA Tel: +62 21 739 2315 Fax: +62 21 739 2352 E-mail: secretariat@kompolnas.go.id, skm@kompolnas.go.id
9. M. Imdadun Rahmat Chairperson of the National Human Rights Commission Jl. Latuharhary No. 4-B Jakarta 10310 INDONESIA Tel: +62 21 392 5227-30 Fax: +62 21 392 5227 E-mail: info@komnas.go.id
Thank you.
Urgent Appeals Programme Asian Human Rights Commission (ua@ahrc.asia)
Source: http://www.humanrights.asia/news/urgent-appeals/AHRC-UAC-035-2016.
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