0 Prosecutors accused of passivity in pedophilia trial

The Support Network for Victims of Pedophilia (JPAKP) in Singaraja is urging the Bali Prosecutor’s Office to persuade the public prosecutor currently handling the pedophilia trial in Singaraja to strive for the maximum sentence possible. This week, the case of Dutch national Jan Jacobus Vogel has entered the stage where the prosecutor sets out the sentence he is seeking for the defendant. Vogel allegedly molested four girls aged between 9-13, who live in Enjung Sanghyang hamlet in the impoverished village of Kaliasem in Buleleng regency. 

“We are urging all prosecutors in Bali to commit to seeking maximum charges against defendants who are pedophilia suspects,” said Luh Putu Anggreni, head of the Denpasar chapter of P2TP2A (the Community Service Center for the Protection of Women and Children). She was speaking after her meeting with the head of the Bali Prosecutor’s Office on Monday in Denpasar. According to Law No. 23/2002 on child protection, those convicted of child rape or child molestation face between three to 15 years in prison or a fine of between Rp 60 million and Rp 300 million (US$6,186-$30,930). 

Anggreni said that the head of the prosecutor’s office had given his assurances that he would give his full attention to the ongoing pedophilia case in Singaraja. During the first trial session on Jan. 8, the four victims and four key witnesses withdrew their testimonies. The prosecutor at the Singaraja district office in charge of the case, Putu Ambara, told the network in a meeting on Jan. 17 that the success of the case rested on the results of the police investigation. The Asian Human Rights Commission (AHRC) based in Hong Kong has also written a letter requesting the special attention of Indonesia’s attorney general, Basrief Arief, for the Singaraja case. 

“While subscribing to the view that the investigation conducted by the police plays an essential role, we wish to emphasize that the prosecutor should be more proactive in responding to the withdrawal of testimonies in this case. The lack of a proactive approach by the prosecutor to find more witnesses and convince the victims and current available witnesses to testify will lead to a weak prosecution that is likely to result in the acquittal of the perpetrator,” wrote an Indonesian desk officer at AHRC, Answer Styannes. 

“We urge your institution and Putu Ambara, as the prosecutor in this case, to take into account the record of the interviews with the victims conducted by local activists.” The letter further states that the failure of the prosecutor to take proactive measures is a violation of Article 19 paragraph (1) of the UN Convention on the Rights of the Child, which imposes the obligation on its state parties, like Indonesia, to take all appropriate measures to protect children from all forms of abuse, including those of a sexual nature. 

Despite the existence of a video recording containing the testimonies of two victims, the court also heard the surprising testimony of the head of the Buleleng of chapter the Child Protection Agency (LPA), Ni Made Cantiari, that was in favor of the defendant. “The children told me they had never been harassed by the defendant. In the video, a child said otherwise because she was confused after being asked over and over again by the NGO people. The child said she even ran and hid under the bed, but they kept pushing her to admit being harassed,” said Cantiari. “I believe they are telling the truth. 

They swore to God,” she said recently. In her testimony, Cantiari also stated that the victims’ parents and all the village residents in Kaliasem and other neighboring villages had received the defendant’s assistance over the past 11 years. “The LPA has disregarded the fact that sexual attacks on children are often disguised by philanthropic approaches. The LPA did not involve child experts and failed to investigate the truth behind the victims’ statement withdrawals,” said Ayu Wulan Prami, a paralegal officer at P2TP2A Denpasar. During the police investigation, the four victims had admitted of being groped on the breasts and buttocks.

source : bali daily