Anti Corruption Coalition in Environmental Law Enforcement [

Anti Corruption Coalition in Environmental Law Enforcement [1]

Court ruling on executives does not free Newmont Indonesian groups warn the public

WALHI Media Release: Friday, 24 December 2004

Jakarta (Indonesia) - Indonesian groups today warned the public that yesterday's South Jakarta State Court decision (23/12) ruling that the detention of Newmont executives was illegal does not mean Newmont is cleared from charges. The decision merely involved procedural matters while the substance of the case, the alleged pollution of Buyat Bay due to Newmont's mine waste dumping, remains to be heard. Therefore, the on-going civil and criminals cases will proceed as planned.

The Indonesian Anti Corruption Coalition in Environmental Law Enforcement which consists of human rights lawyers and activists from major Indonesian social, human rights, and environmental groups states :

1. The South Jakarta State Court ruling will not stop the on-going criminal and civil lawsuits in the case of the alleged pollution of Buyat Bay by PT Newmont Minahasa Raya. The Jakarta court ruling merely decided on the validity of procedures of arrests and detention of the company's executives as regulated in the Indonesian Criminal Law. The substance of the alleged environmental crime by the company remains unchanged as according to the findings of the government-led Joint Investigation Team on Buyat case. The team confirmed that Buyat Bay is polluted due to the company's mine waste dumping.

2. A call to the Chief of Justice to form an examination team to look into the verdict which has clearly violated existing legal procedures. The implication of the Supreme Court examination will lead to the findings on the quality of the verdict as well as whether the presiding judge followed and complied with the existing laws and regulations. Both aspects may be taken into consideration and influence the judge's career path. This examination is needed to prevent similar "unusual" decision in the future.

3. A call to the Indonesian Attorney General to form a team to investigate the slow-moving process of indictment which enabled PT Newmont Minahasa Raya to file a pre-trial examination request.

4. Urge all judiciary parties/bodies to monitor the law enforcement process of the Buyat Bay/Newmont pollution case in all manners that is transparent, just, and with the highest integrity in light of the many unusual legal process surrounding the case that may threaten objectivity.

On December 8, Newmont Minahasa Raya submitted a request for a pre-trial examination on the action of the Indonesian Police, including the investigation into the alleged pollution of Buyat Bay and the detention of the company's executives.[end]

NOTES to EDITORS:

[1] The Indonesian Anti Corruption Coalition in Environmental Law Enforcement:
Indonesian Center for Environmental Law (ICEL), Transparency International (TI), Institute for Policy Research and Advocacy (ELSAM), Mining Advocacy Network (JATAM), Indonesian Forum for Environment (WALHI-FoE Indonesia), Indonesian Corruption Watch (ICW), Community Mining Advocacy Team (TATR), WWF Indonesia, Indonesian Legal Aid Group (PBHI) and Indonesian Legal Aid Foundation (YLBHI)

[2] For legal opinion and comments, the following speakers are available for phone interviews:
1. Mas Achmad Santosa, SH., LL.M (Senior Researcher, ICEL) at mobile: +62-(0)818-183-477
2. Jhonson Panjaitan, SH. (Chair, Indonesian Legal Aid Group/PBHI) at mobile: +62-(0)816-11-11-902
3. Chairil Syah (Lawyer, Indonesian Legal Aid Foundation/YLBHI) at mobile:+62-(0)815-860 33 509

[3] For all English materials, please visit http://www.walhi.or.id and click "English" on the top menu

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