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Bali News

Order in the Court

Imprisoned Pluralistic Icon Anand Krishna Files Arrest Complaint with Administrative Courts


Bali News: Order in the Court
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(3/28/2013)

Imprisoned Indonesian pluralist icon Anand Krishna has formally filed his legal objections against the State Prosecutor’s office for the manner of his February arrest and imprisonment.

As reported by Beritabali.com, Krishna’s attorneys have registered a complaint the South Jakarta Administrative court naming the South Jakarta Prosecutor’s office as defendant.

Otto Hasibuan, Anand Krishna's attorney, told the press that the incarceration of his client was illegal because the basis of the arrest used by prosecutors in Bali was invalid under the law. Hasibuan explained that the arrest warrant did not meet paragraph 197 of the Criminal Code (KUHP).

“We have repeatedly advised the prosecutors that the basis of the arrest was invalid under the law, nonetheless the prosecutors persisted in making a forceful arrest that was not sanctioned under the law. Mr. Anand as a law-abiding Indonesian citizen submitted to the arrest, although under protest. We have registered a challenge to his illegal arrest with the court,” explained Hasibuan.

The family of Anand Krishna enunciated similar sentiments. Prashant Gangtani, Anand Krishna's Son, said: “This is an abuse of power or the misuse or the misuse of the authority of the South Jakarta Prosecutor’s office. The execution of an order that is illegal under the law is the same as breaking the law. As an agency of the State (the Prosecutors) should provide a positive example and not commit acts against the law.”

On November 9, 2012, the National Committee for Human Rights (Komnas HAM) issued a recommendation stating the decision of the Supreme Court sentencing Krishna to prison was legally defective with indications that the human rights of Anand Krishna had been violated,

As reported earlier by Balidiscovery.com, Anand Krishna was forcibly arrested in Bali on February 16, 2013 and immediately transferred to Jakarta where he was placed in Cipinang Prison.

The imprisonment of Krishna was based on a decision of the Supreme Court in a decision presided over by disgraced Chief Justice Achmad Yamanie who was dishonorably dismissed from the bench in late 2012.

The controversial decision of Justice Yamanie reversed an unconditional acquittal issued by well-respected justice Albertina Ho on November 22, 2011 while she sat on the South Jakarta Court.

Related Articles

[In Defense of Human Rights]

[The Coming Showdown]

[A Struggle for Justice]

[The Strange Case of Anand Krishna]
 


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