Response to Prosecutor’s exception in trial of KNPB TImika six

Apologies for the delay in translation and posting.

via KNPBNews

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Head KNPB Timika Region, Steven Itlay

On Thursday 28th Feburary 2013 at 11.oo o’clock Papuan time the third session of responses to the Public Prosecutor was held regarding the Legal Council’s Letter of Exception from the 14th February 2013.

In the Letter of Exception, concerning the indictment read by the Legal Council, there was the following:

1.            1. Procedures were undertaken without compliance to regulations set out by KUHAP (the law code of criminal procedure), with the consequence that the investigation conducted with the publication of the Prosecution’s Indictment Letter is invalid.

2.           The indictment letter by the brother of the Public Prosecutor isn’t accurate, isn’t clear and doesn’t comprehensively state the charges against the defendant.

3.           The actions of the defendants can be categorised as criminal offences intended in the first indictment:

  • Article 2, Paragraph (1) Emergency Act 12 (1951)
  • Article 55, Paragraph (1) The first KUHAP and/or the second indictment
  • Article 106, KUHP (Indonesian Criminal Code)
  • Article 55, Paragraph 1 (the first)

4.           It states the process of the investigation into the defendant is flawed.

5.           It states the letter of indictment is not clear, accurate or complete.

6.           It states the criminal actions of the defendant are not in fact criminal actions as included in the Indictment: Article 2 paragraph (1) Emergency Law 12, 1951. Article 55 paragraph (1) the Criminal Code (KUHP) and/or Indictment 2 : Article 106 Criminal Code (KUHP). Article 55 paragraph (1) Ke-1

7.          It states ‘null and void’ or at the very least, cannot receive the indictment letter by the Public Prosecutor numbered Reg.PDM-02/TMK/Ep.2/01/2013 from the 17th January 2013.

8.   Releasing the defendant of all charges and lawsuits.

9.            Freeing the defendant from custody and reinstating the defendant’s good name. But, the Public Prosecutor’s brother is Andita.

Riskianto, SH rejected the Exception Letter by the Legal Counsel and requested that the Timika District Court have the power to investigate and prosecute this case. A further hearing will be held on Thursday 7th March, 2013.

Meanwhile, Legal Counsel Ivonia Tecjuri told reporters and family that the exception wouldn’t be changed. “We’re keeping the original exception,” she said.

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Steven Itlay being led to caught by armed police (photo: KNPBNews.com)
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Indonesian police have show of force in treason trial (Photo: KNPBNews.com)
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Legal Counsel, Ms. Ivonia Tecjuari, SH memberika press conference after the hearing (Photo: KNPBNews.com)

 

2 thoughts on “Response to Prosecutor’s exception in trial of KNPB TImika six

    1. Yes Toby, but not entirely their legacy, more of a testament I would suggest, to what one day may become a portion of the cumulative evidences that will serve to create an investigation of the magnitude of human rights abuse covering so many years of Indonesia’s ‘step over the line or else’ claims to the governance of West Papua and its many affiliate islands.

      In the fullness of time the responsible parties to these many instances of abuse will be investigated, more particularly to include the various military forces, police forces, and whatever other authorative agency that has engaged and or authorized these human rights abuses and or at the behest of those persons who are known associates of and also those ministerial appointees holding office during the Presidency of Indonesia’s President Susilo Bambang Yudhoyono.
      I am yet to hear or read of any determined efforts initiated by this current President to rally each of the relevant forces loyal to his government, who in all respects has been cognizant toward these atrocious conducts, yet at no time has he rallied his offending forces to halt the continuing outrageous oppressions upon the West Papuan people.
      Meanwhile the pillage of the West Papuan peoples homelands continue to gain momentum.
      Where are the supposed vigilant ministers of the Asia Pacific regional governments?

Please leave a comment. Keep it nice to other users, and remember, no disrepect tolerated. Yell at the killers, not each other; Criticise the abusers deed, not their race or faith.. And please keep it relevant and punchy.

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