Former top spy seeks protection from Komnas HAM, challenges Kasum

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Detik.com – January 8, 2009
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Activists from Kasum protest outside Muchdi Purwopranjono trial (Viva)
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Activists from Kasum protest outside Muchdi Purwopranjono trial (Viva)
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Ari Saputra, Jakarta – Feeling boxed into a corner by many circles, former National Intelligence Agency (BIN) deputy chief retired Major General Muchdi Purwopranjono ‘has poured out his heart out’ to the National Human Rights Commission (Komnas HAM).

The deputy chairperson of the Greater Indonesia Movement Party (Gerindra) has asked Komnas HAM for protection due to the legal uncertainty that has followed his recent acquittal on charges of murdering renowned human rights activist Munir.

A team of attorneys representing Purwopranjono arrived at the Komnas HAM offices on Jl. Latuharhary No. 4B in Central Jakarta on Thursday January 7 at 1.30pm.

Purwopranjono himself was not present on the advice of his attorney Mohammad Assegaf in order not to give the impression of putting pressure on Komnas HAM. Also present were lawyers Mahendradatta, Wirawan Adnan and Lutfie Hakim. They were received by Komnas HAM deputy chairperson Rida Saleh. Purwopranjono’s attorneys also brought a photocopy of the judges’ verdict, case documents and video recording of the court hearings.

Mahendradatta conveyed three requests form Purwopranjono to the commission. First, asking for protection from Komnas HAM because of legal uncertainties since he was acquitted.

Second, that Komnas HAM should not make any statements in relation to the court’s verdict because it does not have the authority to do so.

Third, that Komnas HAM not pressure the Attorney General’s Offices to submit an appeal to the Supreme Court. This is because based on article 244 of the Criminal Procedural Code, an appeal cannot be made against a verdict that acquits a defendant.

“Because of this therefore, we are reporting to Komnas HAM because legal certainty has been violated. The defendant has been repeatedly put under pressure by [law enforcement] officials, the media as well as Komnas HAM that have boxed our client into a corner stating that he is guilty even though he had not yet been convicted by the courts”, explained Mahendradatta.

Mahendradatta also claimed there were elements in society that emphasise with Purwopranjono. “We challenge Kasum (the Solidarity Committee for Munir – ed) and however many groups that want to. We’ll line up at the East Senayan parking area. [We’ll see] who sympathises with us, and who sympathises with Kasum”, he challenged.

Saleh responded by saying that Komnas HAM cannot comment on the substance of the verdict acquitting Purwopranjono.

“We have simply commented on the impact of the court’s verdict. We have asked the Attorney General to submit an appeal to the Supreme Court for the sake of legal certainty and the political will of President [Susilo Bambang Yudhoyono]. It was a collective decision coming out of a Komnas meeting. So we can’t all of a sudden just withdraw the request for the AGO to submit an appeal”, said Salah. (aan/nrl)

Notes:

Mahendradatta and Wirawan Adnan both have a history of defending a number of less than reputable clients. Mahendradatta, who is a member of the Muslim Lawyers Team (TPM), recently represented Islamic Defenders Front (FPI) members over an attack against the National Alliance of the Freedom of Faith and Religion (AKKBB) in which 70 activists were injured. He also represented former East Timor militia leader Eurico Guterres during a review against his 10 year jail sentence for which he was later acquitted by the Supreme Court. Wirawan Adnan recently defended former Garuda Indonesia pilot Pollycarpus Priyanto in a judicial review of his conviction for Munir’s murder. Prior to this he also defended Amrozi, one of the three men executed last year for their role in the 2002 Bali bombings and militant Islamic cleric Abu Bakar Bashir over his involvement bombings, for which he was subsequently jailed for 30 months. The irony of this report of course is that Komnas HAM has frequently been the target of protests by military-backed and right-wing organisations such as the FPI precisely for its defense those who have been victimised by these groups.

[Translated by James Balowski.]

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