Jayapura, Jubi – Obby Kogoya (22) was convicted of violating Article 212 of the Criminal Code with 4 months of confinement and 1 year probation. The Legal Aid Institute (LBH) of Yogyakarta considered that the verdict was not based on the facts at trials because all of prosecution evidence presented by the prosecutor was not proven.
“In fact, through the evidence presented by the legal advisor, it was mentioned that Obby Kogoya did not fight against the officers with violence,” said Yogi Zul Fadhli, one of the lawyers team from LBH Yogyakarta who accompanied Obby Kogoya Friday (July 28).
The panel of judges chaired by Wiwik Wisnuningdyah, and accompanied by Bambang Sunanto and Hapsoro Restu Widodo as members.
LBH considered this decision to be jurisprudence for the apparatus in law enforcement that does not in line with human rights in the future.
Obby was arrested on the siege incident of Papuan student dormitory. He also experienced torture including racism by a group of mass organizations against Papuan students who’d like to stage a peaceful rally to support West Papua full membership in MSG, on July 15, 2016.
From the facts of the events of July 15, 2016 according to LBH has already shows the existence of legal events which wa: silencing the space of democracy, torture, racism and criminalization against Obby Kogoya.
The process of criminalization of Obby takes a long time, approximately a year. Lack of evidence had delayed the trial process long enough.
Excessive use of security forces
LBH also deplored the attitude of the Yogyakarta police who continue to direct their troops using a single truck and several motor bikes which always present during the trial. This police attitude raises its own question marks related what goals and who is secured, and for what reason.
While Obby Kogoya, a nursing’s student who are working on his thesis, is far from having dangerous impression or act. Obby patiently attend his trial while fulfilling his college obligations at the Respati University of Yogyakarta.
In preliminary hearing of the Obby case against the Yogyakarta Regional Police, August 30, 2016 the armed forces even entered the court and had stood behind the judge.
Meanwhile, the perpetrators of Obby’s torture are still roaming freely.
“Therefore, we urge the Yogyakarta Police and the court to arrest and to process the police officer who conducted torture against Obby Kogoya on July 15, 2016 whose case has been reported to the police,” said Yogi.
Appeal
LBH Yogyakarta is very disappointed and deplores of the decision against Obby Kogoya who does not stand on the fact of the trial as a whole. LBH also condemned racial and ethnic discrimination in law enforcement against Obby and Papuan students in general in Yogyakarta.
Prior to the hearing, Emanuel Gobay, another member of Obby Kogoya’s lawyer team from LBH Yogyakarta had said that the result of the verdict will show the quality of law enforcement and democracy in Yogyakarta.
When confirmed by Jubi Friday (July 28) related to further legal action to be taken by LBH Yogyakarta, Emanuel firmly answered will state an appeal.
“We will make appeal. We were given 7 days, in that period we will discuss with Obby, since it depends on the will of Obby,” he said.
According to Emanue,l appeal submitted as part of the protection of human rights and democracy and against police officers who discriminate and torture in carrying out their duties.
“The appeal is also part of protection against the dignity of Obby who in reality has never conducted violence against the officers while the perpetrators of torture against Obby are not processed, which is strange in the context of a constitutional state that has a constitutional responsibility to protect human rights,” he said.
Obby Kogoya, told Jubi shortly after the verdict on Thursday (July 27), said very disappointed with verdict. “The verdict from the judge this morning did not match the testimony of the witnesses,” he said while still not forgetting to give thanks for all effort that has been done. “But for all what happens I should have said thanks,”he said.(*)
