This is evident from the questioning of the five witnesses who were summoned by the Prosecutor on Tuesday, 2 September , namely Adjudant Commissioner [AKP] Krisistya Artanto Octoberna ( Chief of Narcotics Investigation at the police station in Sorong) and three others, as well as and a policeman from the same police station named Basuki Rahman.
During their questioning it is clear that they were all involved in the assault operation against the group of civilians from Aimas and they were all in the vehicle which was on patrol at the location of the incident. Furthermore, also travelling in the same vehicle was the Head of the Operational Unit of Sorong Police Force.
Two of the witnesses also said that they saw a group of people who arrived to attack a mobile patrol who were armed with sharp implements but they had not seen the accused men [Isak Kaliaban and his colleagues].
When they were asked by the legal counsel of the defendants from the Papuan Advocacy Coalition for Justice in the Aimas Case whether they possessed letters instructing them to appear, as is required by the Criminal Code, they said in reply that they did have the required documents.
This means that the five witnesses who were summoned by the Prosecutor on 26 August and on 2 September are all members of the Sorong Police Force and moreover, none of these witnesses produced any substantive legal facts which could be used as the basis for charging Isak Kalaiban and his colleagues.with Treason as stipulated in the indictments against the seven accused.
This means that the Investigation Report [BAP] which was drawn up by the Criminal Investigation Unit of the Sorong Police Force by the men being charged had not been correctly established as required by law which means that their testimony should not have been considered by the panel of judges.which is headed by R.M Christian Kolibu.
Therefore, we, the members of of the Papuan Advocacy Coalition for Justice in the Aimas Case, herewith state our determination to continue to defend the seven accused men in order to ensure that this case proceeds in strict accordance with the correct legal procedures and not in accordance with the manipulated charges being used to charge the seven accused in accordance with the 1945 Constitution and Law 39/1999 on Basic Human Rights as well as other human rights provisions to which they are entitled in accordance with international law which have been ratified and adopted by the Indonesian Government as a Member State of the United Nations.
In the forthcoming hearing which will take place on 9 September, the court will proceed to the stage of questioning each of the seven accused each as witnesses of the other defendants, which is not permitted according to the laws in force and the principles of jurisprudence.
We are of the opinion that the panel of judges should make it clear that the correct procedures will be adhered to in accordance with the Criminal Procedural Code, bearing in mind that this is what Papuan people would expect regarding the investigation procedures as required by law in the case against Isak Kalaiban and his colleagues.
[Translated by TAPOL]
- Leading Indonesian NGO Condemns the continued use of Treason Charges against Papuans (westpapuamedia.info)
- LP3BH Urges the President so Resolve the Papua issue by means of Dialogue (westpapuamedia.info)
- West Papua Report September 2013 (westpapuamedia.info)
- Statement by LP3BH on the Need for Dialogue between Papua and Indonesia (westpapuamedia.info)