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Saturday, 18 January 2014 - 20:28 WIB

2 Years Sentence in Prison is Considered Unfair

Suspects of the burning of police station of Pegunungan Bintang (Jubi)

Suspects of the burning of police station of Pegunungan Bintang (Jubi)

Suspects of the burning of police station of Pegunungan Bintang (Jubi)

Suspects of the burning of police station of Pegunungan Bintang (Jubi)

Wamena, 18/1 (Jubi) – Wamena District Court sentenced 1,7 months to 2 years against 11 suspects of the burning of police station of Pegunungan Bintang on 16 June 2013 in the trial judge under the lead of Chief Judge Berlinda Ursula Mayor, SH in Wamena, Jayapura District, Papua (17/1).

A verdict of 2,1 years in prison was sentenced against Yakop Alya and Herry Kalagmabin. The sentence is shorter than what have been prosecuted by the Public Prosecutor, which was 4 years in Prison. They are both were imposed by the article 160 and 170, article on the incitement and harmful collective actions..

Emanuel Kalagmabin,Stevanus Banal, Ruben Sitokmabin, Wilem Alwolmabin,Yakop Alya, Manu Wombonggo, Agust Yamsin, Nesias Uropdana, Kletus Sasaka dan Isaias Taplo were sentenced 1,7 years in prison. While, Wilem Alwolmabin, Kletus Sasaka dan Stevanus Banal were sentenced for 3 years in prison, and other five suspects, Emanuel Kalakmabin, Wilem Alwolmabin, Agus Yamsin,Nesias Uropdana,Kletus Sasaka were sentenced for 2 years in prison.

The verdict that sentenced against the suspects is secluded from the evidence that tried to be proved in the court by the prosecutor. Their acts were only throwing stones on the roof, wall and glass window of police station, but they are accused on the burning of the police station that not yet proved.
“Who was bringing the gasoline? Who was taking the match? Who was throwing the fire? This is not clear, this sentence is not right,” Hengky Bidana, the family of accused suspects, said to tabloidjubi.com after the judgment hearing.

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Hengky thought the sentence is not very fair. The executors were hundreds of people, but then only 11 person who accept the punishment. This unfair judgment could be raised as a result of the pressure from others.
“Judge can take the decision due to pressure policy institution who feel lost because the office get burned by hundreds of people,” he said.

“If the loss of the office is becoming the reason behind this, the court must also consider the public losses due to the revenge by the police after the burning of police station: the burning of 62 houses, 6 motorcycles, one truck and a satellite parabola belong to the community,”  Hengki added.

The suspects’ attorney, Semy Latussa, SH, MH, said this decision is not fair.
“This action was the mass action that involved about 300 to 700 people, and cannot be represented by 11 people. Each person must responsible for his or her action,” he said to this media (18/1).

“Although there were not able to represent, in the forced situation, with all sorts of the consideration, this 11 people has became the victims. If they arrested all perpetuators, there will be expensive because it would be a cost for the interrogation process, the trial, shelter and meals for hundreds of people, it might be costing billions of rupiahs. Rather that to spend a lot of money, this 11 people was became the victims,” he said.

The losses on the community’s side; the fact that the perpetrators were hundreds of people; the defense witnesses who never be presented, gunshot victims; according to this Ambonese man, were not considered by the court to reduce the sentence for 11 suspects.
“The sentence “not guilty” is not possible because they have already processed to the trial though actually they could be asked to change the broken glass. Reduce the detention period; they can be sentence for 6 months. We hope so but it’s not happened,” he said.

However, Semy feel that he was success in escorting the suspects. “As the law attorney, I feel I was success as their sentence was shorter than it was prosecuted,” he said. About the appellate or the unfair decision, Semi said he would further coordinate with the family of victims. (Jubi/Mawel/P. Maizier)

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