15 persons on trial for subversion

We have not seen earlier reports of this trial so have missed the hearing at which the prosecution presented their arguments against the accused nor do we have a list of the names of the 15 accused.

Abridged in translation by TAPOL

Judge rejects demurrer by legal counsel of 15 persons on trial for subversion (makar).

On 14 July, a hearing took place of fifteen persons on trial for makar in Nabire.

Responding to the demurrer from the defence team, the judges said that they had decided to reject the demurrer and the trial will therefore continue.

The defence team had argued that:

1. The arrest of the persons on trial did not conform with legal procedures. 2. The accused are unable to speak Indonesian but were not provided with interpeters during their interrogations. 3. When the accused were questioned while in police custody, they were not accompanied by a lawyer. 4. Neither the accused nor their lawyers have been provided with documents relating to the charges.

Because the prosecutors stated that all the procedures had been conformed with, the judges decided that the trial could continue.

The panel of judges then proceeded with the next stage of the trial, testimony from witnesses and the examination of items of evidence. The prosecutors stated that five witnesses were ready to appear so the trial went ahead. The next hearing will take place on 23 July. [The report received did not make clear whether any of the witnesses were heard on this occasion.]

After the hearing, the defence lawyers complained that this would not be a fair trial because the prosecutor's allegations contained a number of inaccuracies and they believed that there were manipulations.

Before the trial commenced, the lawyers said, they had met with the accused and asked whether them they had been accompanied by lawyers during the police questioning, to which they all said No.

They explained that they had been arrested on 6 April 2009 and were not questioned until 7 July. Up to the time when the judges made their decision at the hearing today, they had not been provided with the documents. They said that during all the time they were questioned by the police, they were not accompanied by lawyers and that, at all times, the police were dominating everything.

During the hearing this week, heavily armed police were patrolling round courthouse.

Relatives of the accused said that they felt that the actions of the police were excessive. 'We have attended all the hearings and every single request made by the defending lawyers has been rejected by the judges, including how they were treated on their way to and from the court.

Certain interests were playing a role, they said, which could only make things worse for them. All they had done was to take part in a peaceful demonstration on 6 April. That was all, yet now they were being accused of makar.

Report by Yones Douw, Nabire 14 July 2009

ENDS

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