Defendant’s Lawyer was Blasphemed in the End of the Trial

Tuesday, 28 April 2015

ELSAM, Banda Aceh – Trial of an alleged religion blasphemy case by Gafatar organization was marred by disorder as one of the visitors on the fourth trial held in Banda Aceh District Court on Tuesday came forward to the Council of Judges’ table and took picture of the defendant’s legal counsels.

“These are misguided lawyers,” screamed one of the visitors.

Soon after, such visitor was escorted out of the court room by the police as the action was considered as a contempt of court.

To calm visitors, the Council of Judges explained that lawyers defend defendant’s legal rights and it is part of human rights protection. Such defense, he elaborated, is a must in legal proceeding.

“To determine whether (defendant’s) guilty or not is the authority of the Council of Judges,” stressed Presiding Judge Syamsul Qamar, M.H to the visitors.

Most of the visitors were dominated by teachers and students of Banda Aceh. In addition to that, a number of members of mass organization Islamic Defender Front (FPI), representative of the government of Banda Aceh, Satpol PP (Civil Service Police Unit), Wilayatul Hisbah (sharia police), university students, representatives of NGO, the defendant’s family and mass media were also apparent.

In this trial, prosecutors also questioned the legality of the defendant’s lawyers.

“Your Honor, we request verification upon official report of the lawyer’s oath for the defendant’s lawyers, and we request that only those who possess official report of the oath are eligible to practice in this court room,” stated one of the prosecutors Syarifah Rosnizar. A, SH.

After the registrar conducted such verification, the Council of Judges decided the lawyers to proceed to practice in the court room.

The trial which took place for approximately three hours was also marked by the revocation of Police Investigation Report (BAP) by the prosecutor’s witness. Secretary of DPK Gafatar Banda Aceh Dewi Novita Sari Binti Pujianto and Treasurer of DPK Gafatar Kota Banda Aceh Sarah Riska Binti Ibrahim whom were appointed by the prosecutor as witness stated that they were coerced, directed, and intervened during the by the police. They also claimed that Gafatar is not an organization which bases itself on one religion nor has religious nature. Gefatar, according to them, is a social organization with national nature.

For this testimony, the judges will call upon the examining investigator to request clarification regarding the alleged pressure and intervention when conducting BAP on the upcoming trial. The next trial will be conducted on May the 5th2015 with further authentication agenda.

Previously, 6 people who are the committees of Gafatar were arrested by the City Sub regional Police in Lamgapang Village, Kreung Barona Jaya District, Aceh Besar Regency on January 7th 2015 due to an allegation of committing religion blasphemy. Those six people are: Head of Gafatar Aceh’s Regional Representative Council T. Abdul Fatah; Head of Gafatar Banda Aceh City Muhammad Althaf Mauloyul Islam; Deputy Head of Gafatar Aceh Musliadi; Head of Information of Gafatar Aceh Fuadi Mardhatillah; Secretary of Gafatar Aceh Ayu Ariestiana; and Ridha Hidayat.

Author: Al Myzan/Yulfan, SH
Editor: Ari Yurino