The Government of Indonesia appears to be playing the “religious card” by attemptng to encourage animosity between Christians and Muslims, in an attempt to "divide and rule".
Please read the following appeal concerning a Christian Minister charged with illegal possession of weapons and a report on a Muslim cleric charged with Treason.
PALU, INDONESIA - A verdict is expected next Monday, June 16, in the trial of Rev. Rinaldy Damanik, an Indonesian humanitarian worker arrested on a false weapons possession charge. The prosecution has demanded a five-year sentence.
Five years is outrageous, especially considering the case of Yasir Ibnu, a member of the infamous radical Muslim group Laskar Jihad, who was caught red-handed with tons of ammunition, guns, and explosives; yet he was given only 3 years.
When asked about this blatant disparity, the prosecutor, I Putu Gde Jeladha responded that "Ibnu ... admitted and regretted what [he] had done, and Damanik did not." To which Damanik later replied, "How could I admit it? I did not commit this crime. And why should I regret what I did, which was to evacuate the displaced victims of a brutal attack?"
Damanik's case now hinges on the decision of the judges. However, according to Indonesian judicial culture, in such a case, the judges will normally award between 2.5 to 5 years. In general, they never go below half of what the prosecution requests. In a culture infused with saving face, it is nearly impossible that Damanik could be completely acquitted.
Yet the judges in this case have admitted in open court that, after considering the testimony and the evidence presented, the prosecution failed to present a cohesive case. Their main dilemma is whether to accept physical evidence which was obtained though procedural irregularities.
The foremost expert on Indonesian law, Dr. J.E. Sahetapy, urged the judges to throw out the illegally obtained evidence. Sahetapy, an emeritus professor of law at Airlangga University and member of the Indonesian Parliament, testified that Damanik is being framed by the police, an all too common occurrence in Indonesia; and the court, therefore, should dismiss his case.
Damanik's case is fraught with gross violations of legal and police procedures. The police indictment, for example, stating that Damanik was caught with illegal hand-made weapons on August 17, 2002 in the village of Peleru, was supposedly signed by two officers. However, one of these officers testified in court that it was not his signature. Meanwhile, the second signature is illegible. Furthermore, according to police testimony, the search was conducted without a warrant and, contrary to criminal procedure, Damanik was not immediately informed of the fruit of the search.
In addition, the testimony of the prosecution's prime witnesses was utterly contradictory. For example, the police officers called by the prosecution gave completely inconsistent testimony regarding which vehicle Damanik was in and whether he was a passenger or a driver. Likewise, they did not even agree on the number of weapons removed from the vehicles.
Amazingly, however, they each remembered that the license plate of Damanik's vehicle was DN-790E. However, Mr. Taswin, a garage owner called by the prosecution, testified that the vehicle in question was in his shop the whole time and was later confiscated by the police who threatened him not to give the correct dates.
During the bloody religious conflict that devastated Central Sulawesi, beginning in December 1998, Damanik and his Crisis Center team earned a reputation for rescuing and aiding refugees, both Muslims and Christians alike. Damanik, a signatory to the 2001 Malino Peace Accord which was supposed to end the fighting, remained a vocal critic of the government and security force's complicity in the conflict.
In fact, there is a growing consensus among the Christian and Muslim communities that the sectarian conflict was not originally of their making, but was instigated and perpetuated by an outside group - including government officials, security forces and business conglomerates - who used the ensuing instability to steal the region's vast natural resources. Accordingly, those responsible for the conflict are now trying to distract the public by scapegoating Damanik and, by imputation, the Christian community as the provocateurs.
In Indonesia, the most populous Muslim nation in the world, exploiting
religious division has generally been successful. However, the people of
Central Sulawesi are no longer buying it - a fact illustrated by Damanik's
defense team, the majority of which is Muslim.
The community has begun to question the role of the security forces, who -
according to the peace accord - are supposed to gradually pull out. Yet, every scheduled troop withdrawal is preceded by violent incidents, thereby necessitating their continued presence. For example, just last week, two
villages in Poso were attacked by masked gunmen wielding automatic weapons, which resulted in multiple injuries and deaths. Local leaders fear that the military, which receives only a small portion of its budget from the government and relies on various business ventures for the remainder, is trying to set up a "franchise" in Central Sulawesi.
Meanwhile, Damanik and other local leaders have raised serious concerns about mismanagement of aid money intended for refugees of the conflict. It is public knowledge that 2.5 billion Rupiah sent by Japan for refugee aid never reached its planned recipients. Furthermore, of the 110 billion Rupiah allocated in 2001-2002 for refugee aid, only half reached its intended destination.
For those responsible, instigating and perpetuating the conflict in Central Sulawesi was just business as usual. They profited off the instability by raping the region of its natural resources; and they are profiting off the current detente by embezzling money meant for refugees. They are using the police, the military, and radical Islamic militias as their personal thugs. And they are now trying to wash their hands of the thousands of lives lost by blaming Christians in general, and Rinaldy Damanik, in particular, as the provocateurs.
However, the judges in Damanik's case may yet set things aright. The hallmark of a mature legal system is its respect for and protection of an individual's rights. Hence, legal procedures are developed to safeguard those rights from violation by overzealous or corrupt law enforcement. The courts, by throwing out evidence obtained in violation of such procedures, hold law enforcement officers accountable and, thereby, increase the public's trust in the system.
A conviction in the case of Rinaldy Damanik, given the severe violations of police and criminal legal procedures, would be devastating to the Indonesian justice system. That is why his case is so important to the local, national, and international community. The Rule of Law in Indonesia hinges on the outcome.
According to Damanik, "The concern should not be about me, because my case is a small case relative to the real issues facing the country," instead, "It is important that law be established. It is not about me being in or out of jail."
by David Mundy
Special Counsel, Jubilee Campaign USA
June 12, 2003
You are allowed (and encouraged) to re-publish this article in its entirety
************************************************************************
TAKE ACTION
A ruling is expected in the case of Rinaldy Damanik on Monday, June 16.
Please join us in advocating that justice be done.
U.S. Congress:
Congressman Joseph Pitts is preparing a letter to Indonesia on Rev. Damanik's case. Please call or e-mail your U.S. Representative and ask them to join that letter. To contact your representatives, go to - http://www.house.gov .
Indonesia:
Please also fax letters to the following numbers in Indonesia. It is best to
fax them during Indonesian business hours between 7pm-3am EST. An example
letter is included below. You may use it in its entirety or as a guide in
drafting your own. To save time, you could write one letter to President
Megawati and cc everyone else on the list. [If dialing from the U.S. you
must first enter 011 followed by the number given.]
Jakarta:
Madam President Megawati Soekarnoputri
(62) (21) 344 1061
Coordinating Minister for People's Welfare, Yusuf Kalla
(62) (21) 348 32049
Minister of Foregin Affairs, Hassan Wirayuda
(62) (21) 384 9413
Minister of Justice and Human Rights, Yusril Ihza Mahendra
(62) (21) 525 3095
Indonesia Supreme Court, Prof. Dr. Bagir Manan
(62) (21) 381 0357
Palu:
Chief Judge of Central Sulawesi High Court
(62) (451) 454 866
Chief Judge of Central Sulawesi State Court, Mr. Abdul Rachim
(62) (451) 421 050
Attorney General of Central Sulawesi, Mr. Zainudin Jahisah, SH, MS.
(62) (451) 424 806
SAMPLE LETTER
President Megawati Soekarnoputri
Istana Negara
Jakarta, Indonesia
Dear Madam President:
The case of Rinaldy Damanik, the humanitarian worker unjustly on trial in
Palu, has me greatly concerned about the Indonesian justice system. Indonesia is a growing democracy; hence, it is important that its judicial systems become strong and independent. By dismissing the case against Damanik, the Indonesia court has an opportunity to demonstrate its resolve in honoring the Rule of Law.
Having been informed of Damanik's case, I understand that, at trial, severe violations of criminal and police procedure have come to light. For example, the indictment (BAP) was not signed by two police officers as required. Further, the search of Damanik's vehicle was done without a warrant, and Damanik was not asked to acknowledge, in writing, the result of the search.
Given the facts above, I believe that the evidence illegally entered against Damanik should be thrown out, and that Damanik should be acquitted. The hallmark of a mature legal system is its respect for and protection of an individual's rights. Hence, legal procedures are developed to safeguard those rights from violation by overzealous or corrupt law enforcement. The courts, by throwing out evidence obtained in violation of such procedures, hold law enforcement officers accountable and, thereby, increase the public's trust in the system.
A conviction in the case of Rinaldy Damanik, given the severe violations of police and criminal legal procedures, would be devastating to the Indonesian justice system. That is why his case is so important to the local, national, and international community. The Rule of Law in Indonesia hinges on the outcome.
Meanwhile, I understand that Damanik is being illegally detained beyond the period of time allowed by the Indonesian Criminal Code and, that, to date, no explanation has been offered for the extension of his detention through June 23.
Thank you for investigating the case of Rinaldy Damanik. Please do whatever you can to see that justice is done in the case of Rinaldy Damanik.
Best Regards,
Cc: Coordinating Minister for People's Welfare, Yusuf Kalla; Minister of
Foreign Affairs, Hassan Wirayuda; Minister of Justice and Human Rights,
Yusril Ihza Mahendra; Indonesia Supreme Court, Prof. Dr. Bagir Manan;
Chief Judge of Central Sulawesi High Court; Chief Judge of Central
Sulawesi State Court, Mr. Abdul Rachim; Attorney General of Central
Sulawesi, Mr. Zainudin Jahisah, SH, MS.
Prayer for the Persecuted Church: http://www.persecutedchurch.org
Please continue with:
Indonesian prosecutors attempt to link Muslim cleric to terror network
http://www.wsws.org/articles/2003/jun2003/indo-j13.shtml
Please read the following appeal concerning a Christian Minister charged with illegal possession of weapons and a report on a Muslim cleric charged with Treason.
PALU, INDONESIA - A verdict is expected next Monday, June 16, in the trial of Rev. Rinaldy Damanik, an Indonesian humanitarian worker arrested on a false weapons possession charge. The prosecution has demanded a five-year sentence.
Five years is outrageous, especially considering the case of Yasir Ibnu, a member of the infamous radical Muslim group Laskar Jihad, who was caught red-handed with tons of ammunition, guns, and explosives; yet he was given only 3 years.
When asked about this blatant disparity, the prosecutor, I Putu Gde Jeladha responded that "Ibnu ... admitted and regretted what [he] had done, and Damanik did not." To which Damanik later replied, "How could I admit it? I did not commit this crime. And why should I regret what I did, which was to evacuate the displaced victims of a brutal attack?"
Damanik's case now hinges on the decision of the judges. However, according to Indonesian judicial culture, in such a case, the judges will normally award between 2.5 to 5 years. In general, they never go below half of what the prosecution requests. In a culture infused with saving face, it is nearly impossible that Damanik could be completely acquitted.
Yet the judges in this case have admitted in open court that, after considering the testimony and the evidence presented, the prosecution failed to present a cohesive case. Their main dilemma is whether to accept physical evidence which was obtained though procedural irregularities.
The foremost expert on Indonesian law, Dr. J.E. Sahetapy, urged the judges to throw out the illegally obtained evidence. Sahetapy, an emeritus professor of law at Airlangga University and member of the Indonesian Parliament, testified that Damanik is being framed by the police, an all too common occurrence in Indonesia; and the court, therefore, should dismiss his case.
Damanik's case is fraught with gross violations of legal and police procedures. The police indictment, for example, stating that Damanik was caught with illegal hand-made weapons on August 17, 2002 in the village of Peleru, was supposedly signed by two officers. However, one of these officers testified in court that it was not his signature. Meanwhile, the second signature is illegible. Furthermore, according to police testimony, the search was conducted without a warrant and, contrary to criminal procedure, Damanik was not immediately informed of the fruit of the search.
In addition, the testimony of the prosecution's prime witnesses was utterly contradictory. For example, the police officers called by the prosecution gave completely inconsistent testimony regarding which vehicle Damanik was in and whether he was a passenger or a driver. Likewise, they did not even agree on the number of weapons removed from the vehicles.
Amazingly, however, they each remembered that the license plate of Damanik's vehicle was DN-790E. However, Mr. Taswin, a garage owner called by the prosecution, testified that the vehicle in question was in his shop the whole time and was later confiscated by the police who threatened him not to give the correct dates.
During the bloody religious conflict that devastated Central Sulawesi, beginning in December 1998, Damanik and his Crisis Center team earned a reputation for rescuing and aiding refugees, both Muslims and Christians alike. Damanik, a signatory to the 2001 Malino Peace Accord which was supposed to end the fighting, remained a vocal critic of the government and security force's complicity in the conflict.
In fact, there is a growing consensus among the Christian and Muslim communities that the sectarian conflict was not originally of their making, but was instigated and perpetuated by an outside group - including government officials, security forces and business conglomerates - who used the ensuing instability to steal the region's vast natural resources. Accordingly, those responsible for the conflict are now trying to distract the public by scapegoating Damanik and, by imputation, the Christian community as the provocateurs.
In Indonesia, the most populous Muslim nation in the world, exploiting
religious division has generally been successful. However, the people of
Central Sulawesi are no longer buying it - a fact illustrated by Damanik's
defense team, the majority of which is Muslim.
The community has begun to question the role of the security forces, who -
according to the peace accord - are supposed to gradually pull out. Yet, every scheduled troop withdrawal is preceded by violent incidents, thereby necessitating their continued presence. For example, just last week, two
villages in Poso were attacked by masked gunmen wielding automatic weapons, which resulted in multiple injuries and deaths. Local leaders fear that the military, which receives only a small portion of its budget from the government and relies on various business ventures for the remainder, is trying to set up a "franchise" in Central Sulawesi.
Meanwhile, Damanik and other local leaders have raised serious concerns about mismanagement of aid money intended for refugees of the conflict. It is public knowledge that 2.5 billion Rupiah sent by Japan for refugee aid never reached its planned recipients. Furthermore, of the 110 billion Rupiah allocated in 2001-2002 for refugee aid, only half reached its intended destination.
For those responsible, instigating and perpetuating the conflict in Central Sulawesi was just business as usual. They profited off the instability by raping the region of its natural resources; and they are profiting off the current detente by embezzling money meant for refugees. They are using the police, the military, and radical Islamic militias as their personal thugs. And they are now trying to wash their hands of the thousands of lives lost by blaming Christians in general, and Rinaldy Damanik, in particular, as the provocateurs.
However, the judges in Damanik's case may yet set things aright. The hallmark of a mature legal system is its respect for and protection of an individual's rights. Hence, legal procedures are developed to safeguard those rights from violation by overzealous or corrupt law enforcement. The courts, by throwing out evidence obtained in violation of such procedures, hold law enforcement officers accountable and, thereby, increase the public's trust in the system.
A conviction in the case of Rinaldy Damanik, given the severe violations of police and criminal legal procedures, would be devastating to the Indonesian justice system. That is why his case is so important to the local, national, and international community. The Rule of Law in Indonesia hinges on the outcome.
According to Damanik, "The concern should not be about me, because my case is a small case relative to the real issues facing the country," instead, "It is important that law be established. It is not about me being in or out of jail."
by David Mundy
Special Counsel, Jubilee Campaign USA
June 12, 2003
You are allowed (and encouraged) to re-publish this article in its entirety
************************************************************************
TAKE ACTION
A ruling is expected in the case of Rinaldy Damanik on Monday, June 16.
Please join us in advocating that justice be done.
U.S. Congress:
Congressman Joseph Pitts is preparing a letter to Indonesia on Rev. Damanik's case. Please call or e-mail your U.S. Representative and ask them to join that letter. To contact your representatives, go to - http://www.house.gov .
Indonesia:
Please also fax letters to the following numbers in Indonesia. It is best to
fax them during Indonesian business hours between 7pm-3am EST. An example
letter is included below. You may use it in its entirety or as a guide in
drafting your own. To save time, you could write one letter to President
Megawati and cc everyone else on the list. [If dialing from the U.S. you
must first enter 011 followed by the number given.]
Jakarta:
Madam President Megawati Soekarnoputri
(62) (21) 344 1061
Coordinating Minister for People's Welfare, Yusuf Kalla
(62) (21) 348 32049
Minister of Foregin Affairs, Hassan Wirayuda
(62) (21) 384 9413
Minister of Justice and Human Rights, Yusril Ihza Mahendra
(62) (21) 525 3095
Indonesia Supreme Court, Prof. Dr. Bagir Manan
(62) (21) 381 0357
Palu:
Chief Judge of Central Sulawesi High Court
(62) (451) 454 866
Chief Judge of Central Sulawesi State Court, Mr. Abdul Rachim
(62) (451) 421 050
Attorney General of Central Sulawesi, Mr. Zainudin Jahisah, SH, MS.
(62) (451) 424 806
SAMPLE LETTER
President Megawati Soekarnoputri
Istana Negara
Jakarta, Indonesia
Dear Madam President:
The case of Rinaldy Damanik, the humanitarian worker unjustly on trial in
Palu, has me greatly concerned about the Indonesian justice system. Indonesia is a growing democracy; hence, it is important that its judicial systems become strong and independent. By dismissing the case against Damanik, the Indonesia court has an opportunity to demonstrate its resolve in honoring the Rule of Law.
Having been informed of Damanik's case, I understand that, at trial, severe violations of criminal and police procedure have come to light. For example, the indictment (BAP) was not signed by two police officers as required. Further, the search of Damanik's vehicle was done without a warrant, and Damanik was not asked to acknowledge, in writing, the result of the search.
Given the facts above, I believe that the evidence illegally entered against Damanik should be thrown out, and that Damanik should be acquitted. The hallmark of a mature legal system is its respect for and protection of an individual's rights. Hence, legal procedures are developed to safeguard those rights from violation by overzealous or corrupt law enforcement. The courts, by throwing out evidence obtained in violation of such procedures, hold law enforcement officers accountable and, thereby, increase the public's trust in the system.
A conviction in the case of Rinaldy Damanik, given the severe violations of police and criminal legal procedures, would be devastating to the Indonesian justice system. That is why his case is so important to the local, national, and international community. The Rule of Law in Indonesia hinges on the outcome.
Meanwhile, I understand that Damanik is being illegally detained beyond the period of time allowed by the Indonesian Criminal Code and, that, to date, no explanation has been offered for the extension of his detention through June 23.
Thank you for investigating the case of Rinaldy Damanik. Please do whatever you can to see that justice is done in the case of Rinaldy Damanik.
Best Regards,
Cc: Coordinating Minister for People's Welfare, Yusuf Kalla; Minister of
Foreign Affairs, Hassan Wirayuda; Minister of Justice and Human Rights,
Yusril Ihza Mahendra; Indonesia Supreme Court, Prof. Dr. Bagir Manan;
Chief Judge of Central Sulawesi High Court; Chief Judge of Central
Sulawesi State Court, Mr. Abdul Rachim; Attorney General of Central
Sulawesi, Mr. Zainudin Jahisah, SH, MS.
Prayer for the Persecuted Church: http://www.persecutedchurch.org
Please continue with:
Indonesian prosecutors attempt to link Muslim cleric to terror network
http://www.wsws.org/articles/2003/jun2003/indo-j13.shtml