Jubilee Campaign USA, April 7, 2003
Prosecution Fails to Produce Credible Witness in Damanik Trial
Dear Friends,
On March 31, the state court in Palu convened for its seventh session in the case of
Rev. Rinaldy Damanik, who is charged with the illegal possession of weapons
discovered during a search of his vehicle in the Poso district of Central Sulawesi in
Indonesia. The prosecution called its seventh witness, Sergeant Hasan, a military
leader. Of thirty-two scheduled witnesses, the prosecution has now called five
policemen and two members of the military; yet they have failed to produce a single
credible witness with any substantial evidence.
Hasan's testimony proved no different. The trial transcript reveals that, Hasan, under
vigorous questioning by the defense team as to whether he had directly witnessed the
police removing weapons from the back of an SUV, at first replied "yes" but later
changed his response to "I don't recall." Like previous witnesses, Hasan repeatedly
fell back on this answer to avoid creating further ambiguities and inconsistencies in
his story.
In fact, Hasan's testimony apparently contradicts the testimony of the first two police
witnesses. Those policemen were questioned repeatedly by the judges and the
defense team about the numerous irregularities of the search and why they did not
follow standard procedure. The policemen responded that they felt unsafe because an
angry mob was gathered and could not be controlled. Therefore, they did do the
search according to standard procedure. Sergeant Hasan's impression, however, was
that - between the police and the military present - they could have controlled the
mob.
Incredibly, the prosecution has yet to produce a witness who can physically connect
Damanik to the car that was searched and the alleged weapons that were removed.
Instead, most witnesses so far have claimed merely that they saw the weapons from
50 meters. Yet each claimed to have been able to recognize "hand made" weapons at
that distance. The first two policeman admitted that, during the search, none of the
vehicle identification numbers were taken and no identification was taken from the
passengers of each car. Neither has anyone explained why, if illegal weapons were
found, no immediate arrest was made per standard procedure. These are just a few
examples of the evidentiary and procedural irregularities that have pervaded Damanik's
arrest and trial.
In the tradition of the Common Law, the "fruit" of an illegal search is generally
inadmissible in a court of law. Indonesia does not follow the Common Law; however,
they have erected similar evidentiary safeguards to protect defendants and the
system. Such precautions are put in place to keep the police in check and to build
trust between the law enforcement officers and the public they serve. Justice and the
Rule of Law, therefore, require that proper procedures be followed. If Indonesia is to be
nation ruled by law and not by the elite, its police and courts must follow the rules. As
the defense team argued in their opening statement, Damanik's case should be
thrown out if for no other reason than the admitted irregularities surrounding the core
evidence.
From the outset, Damanik's case has been characterized by lack of evidence. In
meetings with the defense team, lead attorney Johnson Panjaitan said that, but for
the statements of one particular witness, the trial would not have gone forward. To
date, the defense team has not been given access to this witness; and there are
allegations that his testimony was acquired under duress and torture. Even now this
witness is being kept in police custody.
The international community is watching to see how Damanik's case is handled. This
case is also being compared to that of Jafar Umar Thalib, the leader of Laskar Jihad.
Jafar was arrested when his provocative speech in a mosque in Ambon stirred up
Muslim mobs to anger, which was a clear, direct violation of the Maluku Malino
agreement. Yet, while this was a very public and very real violation of the law, Jafar
has been acquitted in court in Jakarta. In contrast, Damanik's case continues despite
the presence of uncontested evidentiary irregularities and a parade of non-credible
witnesses.
People in Central Sulawesi, both Muslim and Christian, are beginning to understand
the conflict with increasing clarity. They now realize that the conflict is not just about
religion; it is larger than that. And they know that they all have been victimized. The
conflict, according to the people in Central Sulawesi, was about political, economic,
and military interests in the region. However, the conflict itself and its aftermath have
spun out of control of even the original instigators, because the region has been
infiltrated by international terrorist elements. These external elements, including some
invited by the Indonesian elite themselves, have betrayed and destroyed a strong
cultural value of the people of Central Sulawesi, the culture of Sintuwu Maroso
("Sintuwu" means unity, togetherness, oneness, communal loyalty; "Maroso" means
strength).
Damanik's case, therefore, is viewed by the people of Central Sulawesi and the
international community as an attempt to scapegoat a dedicated and vocal
humanitarian worker. What the Indonesian authorities urgently need to understand is
that if Damanik is found guilty, not only will the refugees lose complete confidence in
the government, it will send a very strong and clear message to the citizens of
Indonesia that the elite power brokers in the country can do anything they wish to
victimize the lower members of society.
Rev. Damanik understands the severity of the difficulty he still has to face; he
understands the price of being a sacrifice. In his strong belief about justice, truth, and
grace, he penned these words in a poem to his only daughter, Nanda, during his
police detention in Jakarta: "If you ask me where I am, I will tell you: 'I am making a
journey through the darkest of the night, so that I could embrace the morning sunlight,
without feeling betrayed by anyone, and without sacrificing others.' My child, please
allow me to be a 'sacrifice' ... Immanuel!"
The Indonesian justice system is at a crossroads. Damanik's case exemplifies the
choice that must be made. If they convict Damanik, based on the influence of powerful
elite, then they choose to make justice in Indonesia a farce. However, if they acquit
Damanik, based on procedural irregularities and a compelling lack of evidence, they
choose to follow the rule of law and to establish justice in Indonesia. The world awaits
their decision.
An unofficial trial transcript from the March 31, 2003 court session is available via our
website by Clicking Here. This transcript may be used with proper attribution to
Jubilee Campaign USA.
Sincerely,
Ann Buwalda
Jubilee Campaign USA
email: jubilee@jubileecampaign.org
voice: 703-503-0791
web: http://www.jubileecampaign.org
This email was sent to shortcut2justy@yahoo.com.au, by Jubilee Campaign USA.
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