March 23
NIGERIA:
Nigerian separatists face death penalty
Defense lawyers and family members say the accused had gathered for a
simple soccer match - but the tournament was organized by an outlawed
separatist group, and now 53 people face the death penalty on charges of
treason and plotting war.
At a hearing Tuesday, 52 of the defendants crowded onto wooden benches or
sat on the floor of a stuffy courtroom, many still in the soccer uniforms
they were wearing when they were arrested.
Jailed for half a year in the case involving Biafran separatists, they
asked to be granted bail. The judge was to rule on the bail request April
11.
A defense lawyer said he feared a 53rd accused who was not in court
Tuesday had died in custody. The judge said the man had been released on
bail Monday, but both prosecution and defense lawyers said they had not
been informed of his release.
A soccer tournament seems far removed from the 32-month war that broke out
when the Republic of Biafra, an area in southeast Nigeria, declared its
independence in 1967. The southeastern war killed more than 1 million
people, most from starvation and disease, and saw the French and British
arming opposing sides.
People in the region, which is still a part of Nigeria, say they still are
discriminated against and are among many restive groups in a multiethnic
country where talk of secession is sensitive.
The September soccer tournament was organized by the Movement for the
Actualization of the Sovereign State of Biafra, which wants to revive the
short-lived Republic of Biafra. The government says the group has been
outlawed, though there has been no official decree.
Human rights groups say the group is nonviolent. It proved it has a strong
following in August, when it called a stay-at-home protest that shut down
large markets across southeast Nigeria.
"The whole thing is very ridiculous. They went for a football tournament.
Even some of the people just selling water were arrested," defense
attorney Anthony Omaghomi said after Tuesday's hearing.
He said several accused were beaten by police in failed attempts to make
them sign incriminating statements.
Chris Mokwe told a reporter that his wife, Gloria Okafor, had a
miscarriage in prison after being beaten by police. Mokwe said his wife
had gone to the tournament only to sell water.
Lagos police spokesman Ademola Adebayo denied the accusations of abuse.
The accused have pleaded innocent to 3 charges: treason, plotting war
against the president and the army, and interfering with the
administration of the law.
In March 2003, police shot and killed 7 members of the Movement for the
Actualization of the Sovereign State of Biafra and arrested more than 20
to forestall a rally where they planned to make a symbolic declaration of
independence.
The leader of the failed Biafra state, Emeka Odumegwu Ojukwu, now is a
leading opposition politician who lost 2003 presidential elections that
were widely alleged to have been rigged.
(source: Associated Press)
INDONESIA:
Pollycarpus Could Face Death Sentence
Garuda Indonesia pilot Pollycarpus Budihari Priyanto, presently the only
suspect in the murder of human rights campaigner Munir, could face the
death penalty if convicted, says his lawyer.
Suhardi Somomuljono on Monday (21/3/05) said police had informed his
client that he could be charged under Article 340 of the Criminal Code
(KUHP), which carries a maximum penalty of death and a minimum of 20 years
jail for premeditated murder.
He said Pollycarpus could also be charged under Articles 55 and 56 of the
KUHP. Article 55 states that anyone involved in the commission of a crime
is to be given the same punishment as the direct perpetrators. Article 56
states anyone assisting in a crime is to be punished as an accomplice.
National Police director of transnational security Brigadier General
Pranowo Dahlan said Pollycarpus could also face a subsidiary charge under
Article 263 on the falsification of documents. The article states that
anyone who falsifies a document or uses a document they know to be
falsified faces a maximum penalty of 6 years in jail.
Munir was killed by arsenic poisoning while on a Garuda flight from
Jakarta to Singapore to Amsterdam in September. Pollycarpus, who is
rumored to have links to state intelligence agencies, was traveling as an
aviation security officer on the first leg of Flight GA-974 to Singapore
and had given Munir his seat in business class. Police believe arsenic was
placed in part of the activists in-flight meal of noodles and orange
juice.
Pollycarpus has claimed he had been assigned to the late night flight to
check on the landing gears of a Garuda 747 at Singapores Changi Airport,
although he returned to Jakarta on the first flight the following morning.
It was later revealed his letter of assignment was falsified, having been
written 9 days after Munir was killed.
A government-backed fact-finding team has found "strong indications" that
4 Garuda employees and two members of the State Intelligence Agency (BIN)
were involved in the conspiracy to kill Munir. The four Garuda staff are:
Pollycarpus, former president director Indra Setiawan, corporate security
head Ramelgia Anwar, and Airbus 330 chief pilot secretary Rohainil Aini.
The two BIN operatives have not yet been named.
Somomuljono said police were still trying to determine his clients precise
role in the case through further interrogation. Pollycarpus was declared a
suspect last Friday after undergoing five days of interrogation, in which
he answered 117 questions.
Police said the pilot assisted in the planning and commission of Munirs
murder by making sure the activist boarded the aircraft and sat in a
designated seat.
Dahlan said Pollycarpus had continued to deny involvement in the murder
and was yet to reveal who put the arsenic in Munirs meal and who
masterminded the assassination.
He said police were ignoring the pilots denial as they had gathered
sufficient incriminating evidence against him, mostly from documentary
data and discrepancies in his statements.
Police are continuing to question Pollycarpus over his alleged role in the
murder. They are also focusing their investigation on 5 other people
strongly believed to have been involved in the case and are awaiting
further evidence before declaring them suspects, said Dahlan.
He said police were yet to find proof that two BIN members were involved,
although evidence was still being sought. "Our ongoing probe is not
limited to Pollycarpus. The investigation has not stopped. National Police
headquarters will reveal as widely as possible all those who were
involved. All those connected will be exposed," he promised.
National Police criminal investigation chief Suyitno Landung on Tuesday
said Pollycarpus had failed to explain why he was purportedly assigned to
deal with a mechanical problem in a Garuda plane in Singapore.
"Giving the relevant assignment as a supervising Garuda mechanic evidently
lies with the authorities in Singapore. If there was a problem like that,
then it should have been handled by the airport in Singapore. So it was
unnecessary to send a person from Garuda on the flight to the
Netherlands," he was quoted as saying by detikcom online news portal.
He said police on Tuesday questioned Aini about the assignment letter for
Pollycarpus, as well as an expert witness from the Transportation Ministry
about flight schedules and assignments.
Munir, who was widely regarded as the countrys most fearless human rights
activists, made many enemies in high places as a result of his work in
exposing the wrongdoings of the military and big business.
He first came to prominence in 1998 when he founded the Commission for
Missing Persons and Victims of Violence (Kontras), which campaigned
against the state-sponsored violence of former dictator Suharto's
military-backed regime. His final investigations were reportedly into
corruption cases involving prominent government figures.
Munir had been traveling to the Netherlands to pursue a masters degree in
law at Utrecht University on a scholarship sponsored by the Dutch
government. He died at least 3 hours before his plane landed at Amsterdams
Schiphol Airport.
Dutch authorities subsequently conducted an autopsy that revealed 465
milligrams of undigested arsenic in the activists stomach - more than
double the normally lethal dose of 200 milligrams.
3 Letters
Setiawan had on August 11, 2004, issued a letter appointing Pollycarpus as
an aviation security officer. The letter raised suspicions because it was
the first time such a document had ever been signed by the airlines
president director. Police also questioned the propriety of the
assignment, as Pollycarpus apparently lacked the requisite Garuda Aviation
Training and Education (GATE) certificate to serve as a security officer.
A 2nd letter regarding Pollycarpus assignment was issued by Anwar and
dated on September 4, 2 days before Munirs flight. That was a Saturday,
when Garudas offices were closed and the letter could not possibly have
been issued. Police investigators later found that the letter had actually
been written on September 15 and signed on September 17.
A 3rd letter, dated September 6 and signed by Aini, arranged Pollycarpus
flight schedule, assigning him to join Munirs flight and then take the
next flight from Singapore back to Jakarta. As a secretary, Aini had no
authority to sign such a letter.
Dahlan said Aini had initially made conflicting statements to police when
she was questioned last Thursday, but she provided clear information
during further questioning on Tuesday, attesting that all of the 3 letters
of assignment were falsified.
Fifth Garuda Official Named
The fact-finding team on Wednesday (23/3/05) advised police to investigate
Garudas vice president of human resources, Daan Ahmad, saying it had found
indications that he designed Pollycarpus falsified letter of assignment
signed by Anwar.
"We have gathered information concerning Daan at the time when the letter
from the corporate security office was produced. Daan is believed to have
been the designer of the letter assigning Pollycarpus to Singapore as
Garudas supervising mechanic," Police detective Brigadier General Marsudi
Hanafi, chairman of the team, was quoted as saying by detikcom.
He said the letter should have been signed by Garuda operational director
Rudy A. Hardono, who is the chief supervisor of the airlines pilots.
Pilot Just Following Orders'
Somomuljono said Pollycarpus was continuing to deny any involvement in
Munirs murder. "He was only carrying out his orders because he is a pilot.
A pilot follows the chain of command. He has to carry out anything ordered
by his superiors," the lawyer was quoted as saying by detikcom.
But Somomuljono was reluctant to respond when asked who had ordered that
his client be assigned to Flight GA-974. "That is yet to be dealt with. We
will see the results later," he said.
He said Pollycarpus should not be the sole suspect because the
fact-finding team had concluded the crime was the result of a conspiracy,
so there must have been more than 1 perpetrator.
The pilot should also be given a face to face meeting with the Garuda
officials presently classified as witnesses to confirm the facts of the
case, said Somomuljono. "It will be nice if there is a confrontation. 4 or
5 people would immediately then be made suspects," he said.
"In fact the fact-finding team concluded the crime was a conspiracy. If it
was a conspiracy, then it's impossible to blame a mere puppet," he added.
Somomuljono also said police had named Pollycarpus a suspect prematurely,
because they had not first obtained evidence from Dutch authorities.
Dutch authorities interviewed several passengers and Garuda employees from
Flight GA-974, and also took tissue samples from Munir during the autopsy.
BIN to Meet Fact-Finding Team
The fact-finding team is due to meet with BIN at 2pm Thursday to discuss
the alleged involvement of the agencys members in Munirs murder.
BIN chief Syamsir Siregar said Wednesday the agency was ready to be
investigated over the case. "So far I have no legal proof of BINs
involvement in Munirs death. But if there is eventually if legal proof,
then yes, please put them on trial," he was quoted as saying by detikcom.
He was speaking after a hearing with parliaments Commission I on defense,
foreign affairs and information.
Commission I chairman Theo L. Sambuaga said the hearing touched on the
Munir case but did not discuss specific details because parliament has
already established a special team for the case.
He said it was clear that BIN would respect the law and submit to the
legal process if there have been any deviations within the agency.
Garuda Starts Cooperating
Garuda was initially accused of refusing to cooperate with authorities and
rights groups investigating Munirs murder, but the airline has now adopted
a more accommodating stance following last weeks dismissal of its former
president director Setiawan and the rest of the board.
The airlines new president director Emirsyah Satar and other board members
on Monday met with Munirs widow Suciwati and representatives of rights
groups at Garudas head office in Central Jakarta.
Satar said Garuda would establish a special desk to assist the
investigations. The desk would also conduct an internal investigation to
ascertain the extent to which Garuda staff were involved in the crime, he
said.
"Of course we all know that this is a state based on law. We will follow
the legal procedures. We will give what help we can so that this process
could run smoothly. We will be open and cooperative, he was quoted as
saying by detikcom.
He said the new board had been tasked to improve Garuda, so it was in the
airlines best interest to help resolve the Munir case. "I guarantee that
we are now cooperative. At this time, Garuda is apprehensive, as we have
been assigned to upgrade the performance, but the existence of this case
does nothing to help us improve Garudas achievements. So it's very clear
that its in our interest to be able to be improved," he said.
Satar said Garuda was ready to help investigators stage a re-enactment of
the circumstances and events leading to Munir's death. "If theres a
request for a reconstruction of the Munir case, we will carry out it out.
If the previous management was not cooperative, we are now cooperative,"
he added.
Garuda's new director of operations Ari Sapari said the airline needs two
weeks to prepare for the planned reconstruction, which had previously been
canceled on several occasions due to the state-owned companys lack of
cooperation.
While the meeting was taking place, about 50 human rights activists and
some of their recipients of legal aid rallied outside Garudas office,
urging the airline not to protect any of its employees involved in Munirs
murder.
Arriving in buses, cars and bajajs (autorickshaws), they demanded that
Setiawan be declared a suspect, alleging that he was involved in the
conspiracy to cover-up Garudas role in the crime.
The protesters carried posters with slogans such as 'Garuda is responsible
for the murder of Munir', 'I see arsenic on Garuda's wings', 'Garuda =
Courier of the Soul', 'Garuda, who's your next victim?', 'Garuda, how much
were you paid to murder Munir?', 'Garuda, get the lice off your wings',
and "Fly Garuda to see off the soul'.
They also carried red and white balloons emblazoned with Munirs face and
the slogan 'Immediately resolve Munirs murder'.
Kontras head of operations Edwin Partogi said the rally was staged to
coincide with the rights groups seventh anniversary.
"We are commemorating the anniversary by staging this demonstration
against Garuda. Although the investigation into the Munir case has found a
first suspect, this is not enough for us, he was quoted as saying by
detikcom.
"Several of Garudas management officials, whose involvement has been
indicated, must be intensively interrogated. The hindered reconstruction
of Munir's murder must be put back on the agenda. We also demand that
Garuda's management cooperate with the ongoing investigation," he added.
Security guards closed the Garuda office's main gate when the protesters
arrived, while dozens of police kept a close watch on proceedings.
Some of the protesters tied inflated condoms to the gate, symbolizing the
need for Garuda to offer better protection on its flights.
Dutch Evidence
National Police chief General Dai Bachtiar had long claimed that police
could not possibly name any suspects until they had questioned all
witnesses, including 2 Dutch citizens - Lie Kian Wang and his wife Lie
Fong - who were on Flight GA-974.
He also insisted that Dutch authorities should hand over records of
interviews with other passengers and the crew from the flight, as well as
Munir's tissue samples.
Dutch authorities have said they cannot hand over the records or allow
Indonesian police to interview the passengers because Dutch law prohibits
the provision of evidence in cases where the death penalty may result.
Indonesia retains capital punishment, so the records and interviews with
the two Dutch citizens will only be granted if President Susilo Bambang
Yudhoyono agrees to an exemption from the death penalty. No such promise
of immunity has been made, although the Attorney Generals Office is now
preparing the legal paperwork.
Indonesian Foreign Ministry official Retno Marsudi on Saturday told The
Jakarta Post daily that the Dutch government had stated it would assist
the investigation by handing over several pieces of evidence.
She said the Indonesian Ambassador to the Netherlands, career diplomat
Mohammad Jusuf, had been able to convince the Dutch the evidence was
crucial to the case.
But Attorney General's Office spokesman Suhandojo on Tuesday said Dutch
Justice Minister Piet Hein Donner had informed the office that his country
would only hand over the evidence if Indonesia abrogates the death penalty
for Munirs assassins.
"The Dutch government has asked us that Indonesia guarantees not to apply
the death sentence if Munir's killers are found," he was quoted as saying
by detikcom.
He said Attorney General Abdul Rahman Saleh had sent a response to Donner,
explaining that Indonesia would attempt to get all procedures in place to
ensure the death penalty would not be applied.
"The attorney general hopes the Dutch government's willingness will lead
to significant progress in the investigation into Munirs death," he added.
Police welcomed the news that the Dutch had "given the green light to hand
over all the material evidence related to the case, but said they were
unaware when it would be submitted.
Funds Probed
The fact-finding team investigating Munirs murder has been seeking
assistance from the Financial Transaction Reports and Analysis Center
(PPATK) to examine the bank accounts of the 4 Garuda employees believed to
have been involved in the crime.
Hanafi said the team wants to find out whether any individuals or
institutions had transferred funds to the employees accounts.
He said PPATK deputy chairman Susno Adji had agreed to open the accounts
for inspection. "He is prepared to check them, although several conditions
must first be met due to an internal problem. But PPATK has basically
opened itself up and later will give us the data for analysis."
Interestingly, Hanafi said a third party had earlier asked PPTAK to check
whether any funds had been to transferred to accounts held by Munir and
fellow rights activists Hendardi and Yeni Rosa Damayanti.
Pollycarpus had reportedly contacted Hendardi and Damayanti by telephone
and offered to provide them with free airline tickets.
Hanafi insisted the fact-finding team had not asked for the examinations
of the three activists accounts, but he was unable to name the individual
or institution that had made the request.
Motive Not Found Yet: Police Chief
Bachtiar on Wednesday said police had not yet uncovered the motive for the
assassination of Munir.
He expressed hope that Pollycarpus would honestly reveal all details of
the case. "Finding out the motive will really depend on what he says
later. We have found many inconsistencies in his statements, which were
not in accordance with other information. So the investigating officers
certainly surmised he was connected to the deceased's death," Bachtiar was
quoted as saying by detikcom.
"The matter at hand is what his role was. So far we don't have any further
information about his role. We need him to be honest because the
investigators havent found any information and it's possible he is lying.
But its the right of a suspect to confess or lie. It's not easy for him to
confess his actions," the police chief said after attending a limited
cabinet meeting on political, legal and security affairs.
He declined to confirm whether police were behind the recent inspections
of the bank accounts of Munir, Hendardi and Damayanti. "That won't be
revealed yet. Later, if indeed it was connected to us," he said.
Asked about the progress of ongoing investigations into members of Garudas
management, he replied: "We should not see this [crime] as being from the
management or others. We should instead see this on a person by person
basis. Whoever has a connection will be asked for information in the
investigation process."
Lawyer Wants Travel Ban on Munirs Widow
Somomuljono on Wednesday urged the National Police to ban Suciwati from
traveling to the Netherlands, claiming her upcoming visit could jeopardize
Indonesias efforts to obtain evidence held by Dutch authorities.
"We urge National Police headquarters to strongly request that Suciwati
does not go to the Netherlands," he said.
"Possibly she will appeal for the body tissue samples not to be handed
over. That will disrupt our law enforcement process. I'm quite shocked to
hear she is going to the Netherlands," he added.
Somomuljono said National Police headquarters should try to stop the widow
in order to ensure the international community does not interfere in the
handling of the Munir case.
"So this must serve as a warning. We must have faith in the National
Police so there won't be any foreign intervention that disrupts our legal
sovereignty," he said.
Suciwati on Tuesday night departed Indonesia on a flight to Geneva,
Switzerland. She is scheduled to bring the case of Munir's murder before
the international community during the 61st annual session of the United
Nations Commission on Human Rights (UNCHR), which is taking place from
March 14 to April 22.
>From Geneva, Suciwati is due to go to the Netherlands on March 30 to meet
Foreign Minister Donner, members of the Dutch parliament, local
non-government organizations, and the Netherlands Forensic Institute,
which performed the autopsy on Munir.
Suciwati will then travel to Belgium on April 1 for a meeting with the
European Commission.
(source: Laksamana.net)
JAPAN:
Japanese man gets life for hijack, pilot killing
A Japanese court sentenced a man to life in prison on Wednesday for the
hijacking of a domestic flight in July 1999, in which he stabbed the pilot
to death and briefly took the controls of the jumbo jet.
It was the first hijacking in Japan which saw a fatality and prompted the
government to tighten security measures in airports across Japan, which
had been relatively free of hijackings.
The Tokyo District Court found Yuji Nishizawa, 34, guilty of hijacking the
All Nippon Airways flight and fatally stabbing the plane's captain,
Naoyuki Nagashima, 51, in the neck and the chest with a kitchen knife.
"The hijacking incident was a dangerous and vicious crime unprecedented in
the history of our country and damaged public trust in the safety of
flight operations," presiding Judge Hisaharu Yasui said in handing down
the ruling.
Yasui said the death penalty was inevitable given the nature of the crime,
but handed a life sentence as the court judged that Nishizawa had
diminished responsibility for his actions.
Nishizawa was taking antidepressant drugs at the time of the crime, and
the defence had asked for clemency by reason of insanity.
After killing the pilot, Nishizawa briefly piloted the plane which was
carrying some 500 passengers, and descended at one point to an altitude of
only 300 metres (980 ft) before being overpowered by other crew members.
Nishizawa, who was an avid fan of flight simulation video games, had said
during the trial that he had wanted to fly the plane under Tokyo's Rainbow
Bridge, a suspension bridge and a popular tourist spot.
(source: Reuters)
