Falsified Court: Public Examination toward Human Rights Tribunal Verdicts Related To Abepura Case



Examination Committee: Diajeng Wulan  Christianty, Ifdhal Khasim,Trihoni Nalesti Dewi

Assistant: Isa Soemawijaya and Maria Louisa

Chief Editor:Indriaswati Dyah Saptaningrum and Zainal Abidin

Editor: Egidius Patnistik

Number of pages:viii, 108 pages

Impresum: Jakarta, December 2007

Publisher: ELSAM in cooperation with The Asia Foundation and The Denmark Royal Embassy

Price: Rp 25.000


This book serves public examination results toward human rights tribunal verdicts related to Abepura case that happened on the 7th of December 2000. This examination applies legal approaches, either international and national criminal law or international and national human rights law.

The result of this examination which pleads the suspects is innocent shows judges’ incompetence in term of knowledge and skills in using several standards, norms, and the valid law.


However, is the acquittal purely caused by judges’ incompetence or there is `external jurisdiction` factor behind? This thing is possibly happened, but it seems to be beyond this public examination. At least, from this examination we can get the point of facts that injustice is on one side meanwhile a fair of law enforcement on another side.

 

Table content:


Preface

Chapter 1. Prelude

A.    Background

B.     The purpose of Examination

C.    Scope ( coverage)

D.    Examination Committee

E.     Report Systematic


Chapter 2. Inquiry, Investigation, and Charging

A.    Case General Overview

B.     Compliance of the human rights violation elements in form of crimes against humanity and commander responsibility


C.    Chapter 3. Session of the court

D.    General Overview

E.     Evidence Aid using in a court

F.     Proof of crimes toward humanity and command responsibility


Chapter 4. Charging

A.    Requisite of charging

B.     Verification pattern of crimes and crimes accountability of the judge 

C.    Elements which are described by the judge

D.    Indemnification Petition and judge analysis


Chapter 5. Conclusion and Recommendation

Inquiry Phase

Investigation and Charging Phase

Session of the court phase

Session verdict

Recommendation






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