PERSECUTION OF INTERFAITH ACTIVIST

There are grave concerns for the process of democratic governance in Indonesia following the decision of the Supreme Court to overturn the November 2011 acquittal in a local court of spiritual activist and front-line proponent in creating a pluralistic Indonesian society, Krishna Kumar TolaramGangtani (Anand Krishna), of a charge of “continuous indecent act”.

The trial process started in 25 August 2010 and what Mr. Krishna Kumar TolaramGangtani (Anand Krishna) has been subjected to during this time in order to silence his voice is tantamount to an act of torture. It is suspected that these charges are being brought against Anand Krishna by radical elements, to silence his voice and to attempt to dismantle the Anand Ashram Foundation and take over its assets.

As the foundation is formally affiliated with the United Nations, there are also grave concerns that its status can be used by irresponsible people to conduct major fundraising operations.

Although Mr. Krishna Kumar TolaramGangtani was acquitted in a court of law of the charge brought against him and his civil rights fully restored in November 22nd, 2011 and although the Indonesian Criminal Code (Articles 67 and 244) specifically precludes any appeal to the Supreme Court of an acquittal issued by a District Court, in reviewing the decision of Judge Albertina Ho, the Supreme Court judges appear to have succumbed to political pressure and chose to ignore the law of the land.

Taking the bizarre position that a 1983 Ministerial Decree has greater legal weight than a formalized law, three judges at the Supreme Court then ruled in late July 2012 that Justice Ho had erred in her absolute acquittal of Mr. Krishna Kumar TolaramGangtani, and concluded that he was in fact guilty of sexual molestation of a student or a person under his supervision in accordance with Indonesian criminal code (KUHP 294).

This now means that because the prosecution asked for a sentence of two and a half years at the original trial and as this sentence is impending, he can now be arrested and taken to prison anytime, there is great concern for his safety as he has been threatened with violence several times before.

From the very beginning the trial of Mr. Krishna Kumar TolaramGangtani has been fraught with irregularities with among other things, his right to a fair trial being compromised in the form of undue and excessive reporting to the media by the prosecution which clearly appears to have been meant to have a demeaning effect on his character, the focus of attention being drawn towards his writings on pluralism and religious tolerance rather than the charges for which he was appearing in court, his ordered detention even though he had cooperated in every way with the investigation, since the beginning of his trial,etc.

(For more information on the bizarre nature of this trial, visit the www. freeanandkrishna.comwebsite and click on “ Click here to know what happened” )

It has also emerged that there has appeared to be a gross distortion of the facts in Prosecutor Martha P.BerlianaTobing’s appeal to the Supreme Court i.e.-

1.In page 23 (point A2) she appears to have intentionally blurred the facts by including a A FILE TAKEN FROM ANOTHER CASE

2.In page 23, of the same page, she quoted only partially the Copy of The Verdict of the Panel of Judges of South Jakarta District Court, in page 317. (This partial quote obscures the real meaning of the Verdict).

3. When saying that the Anand Ashram Sympathizers Community (KPAA) sent a request to the court to replace the Panel of Judges, she omitted the fact that the KPAA requested the court to replace Chief Judge HariSasangka because of his alleged “disgraceful act” with one of the key witnesses, ShintaKencanaKheng.

4. The Prosecutor accused the Panel of Judges of South Jakarta District Court of having ignored the facts disclosed in the courtroom when in fact from her indictment, her reply, and the Verdict, it is obvious that it is the Prosecutor herself who ignored the facts disclosed during the trial.

From this display and her previous behaviour during the trial of Mr. Krishna Kumar TolaramGangtani( Anand Krishna), the Anand Ashram Sympathizers Community (KPAA) has every reason to doubt the professionalism of Martha P BerlianaTobing and her grasp of correct legal procedure.

As an independent judiciary is the cornerstone of a democratic society and if there is to be any hope of addressing such issues of corruption, religious intolerance and torture which have been noted to be very prevalent within Indonesia, then the need for an independent judiciary in Indonesia is a matter of great importance.

It should also be noted that the UN Special Rapporteur for the Independence of Judges and Lawyers on visiting Indonesia before writing his report in 2002 should describe the Indonesian judicial system as the worst that he had seen (news.bbc.co.uk/2/hi/asia-pacific/2147019.stm) and noted in his report,(www.humanrights.asia/resources/journals-magazines/article2/0502/report-on-visit-to-indonesia-by-the-un-special-rapporteur-on-the-independence-of-judges-and-lawyers), the need for an independent judiciary in Indonesia

He also noted that he was repeatedly informed about the use of so-called “hanky-panky” or “black sheep” lawyers who have built up their practices and reputations through corrupt practices and noted the need for a wholesale overhaul of the Indonesian judicial system.

Unfortunately, this wholesale overhaul of the Indonesian judicial system hasn’t been carried out and around eighty per cent of police, judges and government officials are said to be taking bribes.

Indonesia has not invited another UN Special Rapporteur on the Independence of Judges and Lawyers although there were plans for this UN Special Rapporteur to revisit Indonesia by the end of 2011.

On reviewing the evidence and recalling key witnesses, Judge Ho wasted little time ruling the evidence presented by the prosecution was totally inadequate to support the criminal charges against Anand Krishna and she acquitted him of all charges and ordered a full restoration of his civil rights.

However, on hearing of the Supreme Courts ruling, there is now great fear for Mr. Krishna Kumar TolaramGangtani’s safety if he is taken in to prison as in addition to the obvious concerns for his safety should he be taken into custody, Mr. Krishna suffers from a number of health ailments including diabetes and heart problems.

Also, during his forty eight day hunger strike in protest at his treatment and ordered detention, even though he had cooperated with the courts from the very beginning, an order was given to remove the intravenous medication given him during this time and return him to Cipinang Detention Center which caused the his blood sugar level to drop dramatically to 64 and for him to suffer a “light stroke” and “hypoglycemia” in the next 48 hours.

This strongly suggests that Anand Krishna is not on trial for the charges for which he was already acquitted but instead he is targeted for his religious and political beliefs. It raises huge questions about the neutrality, fairness, and professionalism of the three Supreme Court judges ZaharuddinUtama, AchmadYamanie and SofyanSitompul of the Supreme Court.Two out of 3 judges have lost their credibility due to their alleged involvement in corruption case:

http://www.thejakartapost.com/news/2012/11/16/first-time-ever-supreme-court-judge-resigns.html

http://www.thejakartapost.com/news/2012/11/30/supreme-court-cleans-house-after-scandal.html

http://www.thejakartapost.com/news/2012/11/20/editorial-justice-drug-convicts.html

http://hukum.kompasiana.com/2012/09/23/erroneous-decision-by-zaharuddin-utama-and-the-cronies

http://www.tempointeractive.com/hg/nasional/2012/11/29/brk,20121129-444676,uk.html

In spite of that the prosecutor Martha P. BerlianaTobing keeps threatening in the media that they are planning to arrest Anand Krishna forcibly.

There are also Petitions to support Anand Krishna called Justice and Human Rights for Religious Pluralist and Freedom Fighter Anand Krishna at:

PETITIONS

http://www.avaaz.org/en/petition/Justice_and_Human_Rights_for_Religious_Pluralist_and_Freedom_Fighter_Anand_Krishna/?tCCKWab

http://www.change.org/id/petisi/petition-against-unlawful-overturn-of-interfaith-activist-anand-krishna-s-acquittal

UK NGO HELPING US:

http://www.opentrial.info/index.php?title=Anand_Krishna