It was the prosecution's case that Suratman knew or ought to have known that his troops dedicated or were committing crimes as a outcome of first, he was informed by Kuswani about clashes between pro-independent and pro-integration teams and that primarily based on that report, he had ordered negotiations to be performed.
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The Commission has recognized a variety of legal errors within the judgement, a few of which shall be mentioned.
In Damiri, the Panel of Judges additionally expressed concern with the conduct of the advert hocProsecutor, who had asked for an acquittal on the conclusion of the trial. The Commission finds that the case in opposition to Silaen appears curiously one-sided and that the authorized and factual premises upon which his liability is predicated are inadequate and missing in credibility. In assessing the reliability of witnesses, the Panel noted that out of the 30 witnesses presented Lawyer Istanbul in court, 12 have been witnesses from the army community and noticed that the majority of them have been the former supervisors, colleagues or subordinates of the defendant. The Commission finds misguided the apparent substitution of a cloth element of persecution - specifically the extreme deprivation of basic rights, opposite to international regulation - with a cloth factor of the crime of torture underneath Indonesian legislation, namely "creating uncomfortable emotions, ache or harm or harm to well being". Silaen's directions for investigations to be carried out seem like incompatible with the speculation of command accountability, unless it was the prosecution's case that Silaen's orders have been insufficient to discharge his obligation as commander. As a result, the panel seemed to be assessing the culpability of the accused for a form of torture with discriminatory intent. Evidence adduced to establish the involvement of navy and security forces was misplaced and largely incompatible with the prosecution's presentation of the case. In the Silaen indictment, though lawyer the culpability of the accused was premised on command responsibility, he was described in the indictment as issuing orders to take applicable actions during or after every violent incident. On this foundation, the panel discovered that these witnesses had been most likely motivated to offer exculpatory evidence or - no much less than - to corroborate one another.
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