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NEWS > 03 July 2007

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The Brunei Times, Brunei Darus
03 July 2007
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Police sued for unlawful arres

AN Indonesian court began hearing a suit filed by the wife of a detained Islamic militant against police, yesterday.

The suit alleges that his arrest was unlawful and that it had traumatised the children.

The recent multiple arrests by the police to so-called Jemaah Islamiyah leading members have been in Indonesian news spotlight for the past month.

Abu Dujana, who has admitted to heading the military wing of regional extremist network

Jemaah Islamiyah, was detained by police last month. He was riding on his motorcycle with three of his four young children, when captured.

One of Dujana's sons said his father was shot in the thigh after being captured, while police say he tried to evade arrest.

Lawyers for Sri Mardiyati, Dujana's wife, demanded that the court declare Dujana's arrest unlawful and order his release.

"The police, in this instance the special anti-terror detachment, violated the legal code, the fundamental human rights of people, as well as article 28 of the constitution," one of Mardiyati's lawyers told the court. The hearing was packed with Muslim supporters and journarlists.

Article 28 of Indonesia's constitution, quoted by lawyers, provides for the protection of the dignity and honour of a person and their family, regardless he/she is a suspect criminal.

The suit alleges that Dujana's arrest occurred without a proper warrant. The police warrant was issued a week later, after receiving many criticism.

It also claims that police violated their professional ethics by shooting Dujana after he surrendered, the lawyers said.

The police also said to have violated the rights of children since Abu Dujana was shot in front of three of his children, which lawyers said causing a traumatic experience.

JI has been blamed for a string of deadly bomb attacks against western targets on the resort island of Bali and in the capital Jakarta in recent years, including the 2002 Bali bombings which killed 202 people, mostly Australian citizens.

A few hours after seizing Abu Dujana, Police also arrested the head of JI, Zarkasi, who later admitted he had been the organisation's boss since 2004.

The trial will resume Tuesday to hear the police response to it.

The chain of arrests has been criticized by political observers, leading to a petition to close the Detachment 88, the police special section of "war againts terrorism".

 

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