PUBLIC PROSECUTOR P-29
BANDA ACEH
" For Trial "

CHARGE SHEET
CASE NUMBER : PDM- 51 /B.ACEH/07/2003

1.IDENTITY OF THE ACCUSED:

2.DETENTION
Detention Centre
-By Police Investigators from : 31 May 2003 to 15 July 2003
-By Public Proescutor from : 15 July 2003 until brought to trial

3.CHARGES

Charge One :

PRIMARILY

That the accused T. KAMARUZZAMAN Bin T. SYAHBUDDIN ALS PONMAN , both acting alone and together with H. SOFYAN,SH. BIN IBRAHIM TIBA, NASHIRUDDIN BIN AHMAD, T. MUHAMMAD BIN USMAN and AMNI BIN AHMAD MARZUKI, each to be tried separately, and with others of the GAM organisation, on June 2nd 2000 or at the least from 2000 until the year 2003, at Jalan Dharma No.59 in Laksana village, Kuta Alam district, Banda Aceh, or at the Hotel Kuala Tripa, Jalan Tgk Abdullah Ujung Rimba No.24 and at the former Bank Bumi Daya office in Jln. Cut Meutia or at other locations in the province of Nanggroe Aceh Darussalam, (based on article 84 subsection 2 of the Criminal Code the Banda Aceh court has the authority to try this case), did engage in unlawful conspiracy to, attempts to commit or forms of assistance to terrorist acts as defined in articles 6, 7, 8, 9, 10, 11 and 12 of Law Number 15 of Year 2003, through a series of actions that must be examined individually, and were carried out by the accused in the following ways:

-That the accused since June 2nd 2002 has joined with the Acehnese Freedom Movement (GAM) through his appointment by Dr Zaini Abdullah, in his capacity as Chief Negotiator for GAM with the Indonesian government, through Drs Ilyas Abed (a GAM negotiator), to represent GAM on the Joint Action for Humanitarianism Committee (KBAK). After KBAK was suspended by the Indonesian government the accused was appointed by Malik Mahmud (Chair of the [GAM’s] Joint Council negotiations team, or the person calling himself Prime Minister of GAM). In the carrying out of his duties in these discussions the accused in all his actions and statements advanced the interests of GAM.

-That the accused together with the witnesses H. SOFYAN, SH. BIN IBRAHIM TIBA, NASHIRUDDIN BIN AHMAD, T. MUHAMMAD BIN USMAN and AMNI BIN AHMAD MARZUKI as GAM members knew of various activities of the Acehnese Freedom Movement (GAM) among them:

-That an armed movement named the TNA was an element of GAM’s system of government.
-Knew that a civil government was formed by appointing officials from the level of Governor down to the level of Ule Sagoe.
-Knew of the gathering of funds, that is, the gathering of money from those among the people who had incomes.
-That the accused together with the four witnesses as GAM members directly and indirectly gave assistance (in the form of donations described as ‘struggle funds’) and opportunity to the GAM/Aceh Sumatera group in its opposition to the authority of the Integral State of the Republic of Indonesia in the Aceh region. This opposition has deliberately used violence or the threat of violence to cause widespread public fear or mass deaths and injuries, seize people and goods unlawfully and destroy the environment, strategic and vital objects, and public and internationally-owned facilities, such as :

1.Bombings have been carried out by Acehnese Separatists/ GAM in several places in the province of Nanggroe Aceh Darussalam, namely:

-On Saturday 11 January 2003 at around 12:00 in Leung village Matang Kuli district North Aceh region a bomb was detonated, killing 2 people who were mowing the grass.
-On Friday 17 January 2003 at around 19.30 in Langsa district East Aceh district a bomb detonated, destroying goods belonging to An. SYUKRI (a contractor), causing damage estimated at 500 000 000 rupiah.
-On Wednesday 21 January 2003 around 01.30 in Lhokseumawe a bomb was detonated by GAM.
-On Sunday 19 February 2003 at around 02.00 a bomb was detonated on the northern side of Simpang Ulim district police station (Polsek) killing three people, namely An.MANSYUR BIN JAMIN. FAISAL BIN JAMIL, and ZULKIFLI BIN AJI.
-On Friday 21 February 2003 at around 16.30 in Meucat village, Nisam district, North Aceh, a bomb was detonated that killed three playing children, namely An. FAISAL, ZUNAIDI, and MUSLIADI.
-And at other locations between December 2002 and the arrest of the accused GAM separatist bombs have detonated and / or been discovered by the TNI/Indonesian police (Full data is attached to the court papers as evidence).

2.Murders have been carried out by the Acehnese separatists /GAM, at various locations in the province of Nanggroe Aceh Darussalam, namely:

-On Friday 7 February 2003 at around 03.00 in Durian Rampnk village, Susok district, South-West Aceh region a fisherman, An. MUKHLIS ANDI, was shot by two GAM members, killing him instantly.
-On Monday 10 February 2003 at around 18.00 Wib in Jurong Kleng Cunda village, Muara Dua district, North Aceh, Private 1st-class SUJARI, a member of Cunda Company 113 was killed.
-On Friday 28 February 2003 around 03.45 at Halo Ban village, Pulau Banyak district, Aceh Singkil region, a fisherman, An. SAFARUDDIN was murdered.
-On Friday 28 February 2003 at around 09.00 at Number 8A Darussalam Campus Ring-in Banda Aceh, Tarbiah An. HARIADI, a student, was murdered by GAM.
-And at other locations and times between December 2002 and the arrest of the accused GAM murders, GAM shootings of civilians, passenger and cargo vehicles, and the discovery of identified and unidentified corpses of GAM victims have taken place. (Full data is attached to the court papers as evidence.)

3.Various arsons have been carried out by Acehnese separatists/ GAM at various locations in the province of Nanggroe Aceh Darussalam, namely:

-On Wednesday 05 February 2003 at around 12.45 Wib in Jl. Kuta Baro, Lambaro, Great Aceh region, a Kijang vehicle owned by a member of the Kopassus special forces was destroyed by fire.
-On Saturday 15 March 2003 at around 18.30 on Jl. Takengon Isak Km. 18 in Burlintang village, Pegasing district, Central Aceh region 11 cars and 6 motorbikes were burnt and 2 passengers shot by around 20 uniformed GAM members armed with rifles who then robbed the passengers of their wallets and belongings.
-On Thursday 20 March 2003 at around 19.45 in Firdaus neighbourhood, Sukaramai Atas village, Bukit district, Central Aceh region, 2 houses were burnt causing around 300 000 000 (300 million) rupiah damage.
-And at various places throughout the province of Nanggroe Aceh Darussalam since the beginning of the Military Emergency the Acehnese separatists/GAM have carried out burnings of schools, passenger vehicles, cargo vehicles, and destruction of public facilities, causing massive material and non-material damages. (Full data is attached to the court papers as evidence)

4.As well as the actions described above, the Acehnese separatists/ GAM have also carried out kidnappings and extortion of ransom that have not uncommonly been followed by the murder or disappearance of the victims, such as the following actions, among others:
-On Thursday 23 January 2003 at around 11.00 in Unten Bayi neighbourhood, Leube Mahe village, Banda Sakti district, North Aceh, Private AMWIDIA of Infantry Battalion 133 was kidnapped by 5 GAM members.

-On Wednesday 5 February 2003 at around 17,00 in Bireun Meunasah Geudong village Jeumpa district, Bireun region, 2 civilians, An. MAIZAR dan MUSALLIN, were kidnapped and their fate is as yet unknown.
-On Sunday 28 February 2003 at around 18.00 in Bikok Pija neighbourhood, Meunasah Capa village, Jeumpa district, Bireun region, RIDWAN BIN YUSRI was kidnapped and his fate is as yet unknown.
-On Tuesday 04 March 2003 at around 17.00 Wib in a coffee plantation in Tinjau Langit hamlet, Rata Ara village, Timang Gajah district, Central Aceh region, were found the corpses of M. AMIN AMAN ANDRI and AMAN KHAIRUL who had been kidnapped by GAM earlier that day.
-On Wednesday 05 March 2003 at around 21.00 in Woyla district, West Aceh, GAM kidnapped three village heads, named Keucik RAMLI, Keucik KASIM, and sentenced to two days detention and fines of 2 million rupiah each, to be paid to ransom them from custody.

(Full data is attached to the court papers as evidence)

With regard to all of these occurrences, the accused and the aforenamed four witnesses knew that the acts mentioned above were carried out by GAM and the accused and the aforenamed four witnesses in their capacities as negotiators for GAM made no effort to stop the escalation of violence or to honour the cessation of hostilities agreement. Thus the actions of GAM caused widespread public fear as is evidenced by the increasing numbers of refugees from various places in the province of Nanggroe Aceh Darussalam; caused the loss of life of civilians and members of the TNI and police, caused massive material and immaterial damage and incapacitated vital and strategic facilities.

-That the accused as GAM members and also in his capacity as GAM negotiator met with other GAM negotiators both in Aceh and overseas (in Switzerland) to plan and discuss the steps that should be taken by GAM to achieve its goal of reestablishing the authority of the sultanate of Aceh-Sumatera. In these meetings the accused had provided ideas and suggestions that aided GAM’s struggle. This struggle was often carried out outside the framework of the negotiations between GAM and the Indonesian government, that is GAM deliberately and often used violence or the threat of violence against those of different political and ideological persuasions, so that the actions of the accused in his capacity as a GAM negotiator directly or indirectly strengthened and aided the GAM separatist movement. The accused with the four witnesses indirectly created opportunities for all Acehnese in the province of Aceh to participate in GAM’s struggle.

—— The actions of the accused described above are hereby prosecuted under Article 15 of the Government Regulation amending

Law No. 1 of Year 2002 concerning Combatting Terrorist Activity as was made law as Law No. 15 Year 2003 juncto Article 55 subsection 1 juncto Article 65 of the Criminal Code.

SUBSIDIARY ;

------------- That the accused T. KAMARUZZAMAN Bin T. SYAHBUDDIN ALS PONMAN together with the witnesses H. SOFYAN, SH BIN IBRAHIM T1BA,.NASHIRUDD1N BIN AHMAD), T, MUHAMMAD BIN USMAN and AMNI BIN AHMAD MARZUKI who are each to be tried separately, acting alone or with other members of GAM, at the times and places described in Accusation One-Primary above, deliberately gave aid or abettance to the perpetrators of terrorist acts by concealing information concerning various terrorist acts that must be examined individually, and such aid or abettance was given in the following ways: -------------------------------------------------------------------------------------------------

-That the accused was on 2 June 2000 appointed by Gerakan Aceh Merdeka (GAM), as one of its negotiators in the Joint Humanitarian Action Committee (KBAK) Juru runding dalam Komite Bersama Aksi Kemanusiaan (KBAK). The appointment was made by GAM Chief Negotiator Dr. ZAINI ABDUULAH, resident in Sweden, by way of verbal communication with GAM negotiator Drs. ILYAS ABED.

-The accused on 25 December 2002 was appointed as a GAM member of the Joint Security Council Verification Committee as part of the Cessation of Hostilities Agreement (CoHA). The appointment was made by Mr. MALIK M. MAHMUD (who acts as GAM’s Prime Minister).

-That since 25 December 2002 as an automatic consequence of this appointment the accused became a member of GAM and carried out the wishes of GAM in the diplomatic and political field and in the context of the negotiations. These wishes were for the return of national sovereignty to the nation of Aceh.

-That the accused as a GAM member together with the witnesses H. SOFYAN, SH BIN IBRAHIM TIBA, NASHIRUDDIN Bin AHMAD, T. MUHAMMAD Bin USMAN and AMNI Bin AHMAD MARZUKI knew of various activities of Gerakan Aceh Merdeka (GAM) including :

-That an armed movement named the TNA was an element of GAM’s system of government.
-Knew that a civil government was formed by appointing officials from the level of Governor down to the level of Ule Sagoe.
-Knew of the gathering of funds, that is, the gathering of money from those among the people who had incomes.

-That the accused together with the four witnesses as GAM members directly and indirectly knew of GAM’s opposition to the authority of the Integral State of the Republic of Indonesia. This opposition has deliberately used violence or the threat of violence to cause widespread public fear or mass deaths and injuries, seize people and goods unlawfully and destroy the environment, strategic and vital objects, and public and internationally-owned facilities, such as:

1.Bombings have been carried out by Acehnese Separatists/ GAM in several places in the province of Nanggroe Aceh Darussalam, namely:

-On Saturday 11 January 2003 at around 12:00 in Leung village Matang Kuli district North Aceh region a (?home-made?) bomb was detonated, killing 2 people who were mowing the grass.
-On Friday 17 January 2003 at around 19.30 in Langsa district East Aceh district a (?home-made?) bomb detonated, destroying goods belonging to An. SYUKRI (a contractor), causing damage estimated at 500 000 000 rupiah.
-On Wednesday 21 January 2003 around 01.30 in Lhokseumawe a bomb was detonated by GAM.
-On Sunday 19 February 2003 at around 02.00 a bomb was detonated on the northern side of Simpang Ulim district police station (Polsek) killing three people, namely An.MANSYUR BIN JAMIN. FAISAL BIN JAMIL, and ZULKIFLI BIN AJI.
-On Friday 21 February 2003 at around 16.30 in Meucat village, Nisam district, North Aceh, a bomb was detonated that killed three playing children, namely An. FAISAL, ZUNAIDI, and MUSLIADI.
-And at other locations between December 2002 and the arrest of the accused GAM separatist bombs have detonated and / or been discovered by the TNI/Indonesian police (Full data is attached to the court papers as evidence).

2.Murders have been carried out by the Acehnese separatists /GAM, at various locations in the province of Nanggroe Aceh Darussalam, namely:

-On Friday 7 February 2003 at around 03.00 in Durian Rampnk village, Susok district, South-West Aceh region a fisherman, An. MUKHLIS ANDI, was shot by yang two GAM members, killing him instantly.
-On Monday 10 February 2003 at around 18.00 Wib in Jurong Kleng Cunda village, Muara Dua district, North Aceh, a member of Bintal (scouts? Officer-cadets?) Cunda Company 113 named Pratu SUJARI was killed.
-On Friday 28 February 2003 around 03.45 at Halo Ban village, Pulau Banyak district, Aceh Singkil region, a fisherman, An. SAFARUDDIN was murdered.
-On Friday 28 February 2003 at around 09.00 at Number 8A Darussalam Campus Ring-in Banda Aceh, Tarbiah An. HARIADI, a student, was murdered by GAM.
-And at other locations and times between December 2002 and the arrest of the accused GAM murders, GAM shootings of civilians, passenger and cargo vehicles, and the discovery of identified and unidentified corpses of GAM victims have taken place. (Full data is attached to the court papers as evidence.)

3.Various arsons have been carried out by Acehnese separatists/ GAM at various locations in the province of Nanggroe Aceh Darussalam, namely:

-On Wednesday 05 February 2003 at around 12.45 Wib in Jl. Kuta Baro, Lambaro, Great Aceh region, a Kijang vehicle owned by a member of the Kopassus special forces was destroyed by fire.
-On Saturday 15 March 2003 at around 18.30 on Jl. Takengon Isak Km. 18 in Burlintang village, Pegasing district, Central Aceh region 11 cars and 6 motorbikes were burnt and 2 passengers shot by around 20 uniformed GAM members armed with rifles who then robbed the passengers of their wallets and belongings.
-On Thursday 20 March 2003 at around 19.45 in Firdaus neighbourhood, Sukaramai Atas village, Bukit district, Central Aceh region, 2 houses were burnt causing around 300 000 000 (300 million) rupiah damage.
-And at various places throughout the province of Nanggroe Aceh Darussalam since the beginning of the Military Emergency the Acehnese separatists/GAM have carried out burnings of schools, passenger vehicles, cargo vehicles, and destruction of public facilities, causing massive material and non-material damages. (Full data is attached to the court papers as evidence)

4.As well as the actions described above, the Acehnese separatists/ GAM have also carried out kidnappings and extortion of ransom that have not uncommonly been followed by the murder or disappearance of the victims, such as the following actions, among others:

-On Thursday 23 January 2003 at around 11.00 in Unten Bayi neighbourhood, Leube Mahe village, Banda Sakti district, North Aceh, Private AMWIDIA of Infantry Battalion 133 was kidnapped by 5 GAM members.
-On Wednesday 5 February 2003 at around 17,00 in Bireun Meunasah Geudong village Jeumpa district, Bireun region, 2 civilians, An. MAIZAR dan MUSALLIN, were kidnapped and their fate is as yet unknown.
-On Sunday 28 February 2003 at around 18.00 in Bikok Pija neighbourhood, Meunasah Capa village, Jeumpa district, Bireun region, RIDWAN BIN YUSRI was kidnapped and his fate is as yet unknown.
-On Tuesday 04 March 2003 at around 17.00 Wib in a coffee plantation in Tinjau Langit hamlet, Rata Ara village, Timang Gajah district, Central Aceh region, were found the corpses of M. AMIN AMAN ANDRI and AMAN KHAIRUL who had been kidnapped by GAM earlier that day.
-On Wednesday 05 March 2003 at around 21.00 in Woyla district, West Aceh, GAM kidnapped three village heads, named Keucik RAMLI, Keucik KASIM, and sentenced to two days detention and fines of 2 million rupiah each, to be paid to ransom them from custody. (Full data is attached to the court papers as evidence)

With regard to all of these occurrences, the accused and the aforenamed four witnesses knew that the acts mentioned above were carried out by GAM and the accused and the aforenamed four witnesses in their capacities as negotiators for GAM made no effort to stop the escalation of violence or to honour the cessation of hostilities agreement. Thus the actions of GAM caused widespread public fear as is evidenced by the increasing numbers of refugees from various places in the province of Nanggroe Aceh Darussalam; caused the loss of life of civilians and members of the TNI and police, caused massive material and immaterial damage and incapacitated vital and strategic facilities.

-The accused as a GAM member in his capacity as a negotiator played the following roles:
-a member of the Verification Team clarifying incident reports that were disputed over by the Information Committee in the field.
-Making and sending reports on the work of the Verification Team to the Deputy Commander in order that further investigation be carried out and sanctions brought to bear by the Joint Security Council Senior Envoy.
-Receiving reports from the Monitoring Team (TMT) and preparing them for tabling at the JSC after investigating their veracity in the field.
-The accused along with the four witnesses knowingly gave opportunities for all Acehnese people in the province of Aceh to participate in GAM’s struggle.
-The accused in his capacity as a negotiator for GAM was tasked to make Assessments of the type and amount of humanitarian assistance required by the Acehnese people, including the following forms of aid:

-for displaced persons and ex-displaced persons.
-educational aid
-health aid
-aid for water and sanitation
-aid for farming and fishery
-aid for burnt houses, schools, shops and buildings
-other economic aid.
-That the accused as GAM members and also in his capacity as GAM negotiator met with other GAM negotiators both in Aceh and overseas (in Switzerland) to plan and discuss the steps that should be taken by GAM to achieve its goal of reestablishing the authority of the sultanate of Aceh-Sumatera. In these meetings the accused provided ideas and suggestions that aided GAM’s struggle. This struggle was often carried out outside the framework of the negotiations between GAM and the Indonesian government, that is GAM deliberately and often used violence or the threat of violence against those of different political and ideological persuasions, so that the actions of the accused in his capacity as a GAM negotiator directly or indirectly strengthened and aided the GAM separatist movement.

-------- These actions of the accused are hereby prosecuted under Section 13b and c of Government Regulations Amending Law No. 1 Year 2002 concerning
the Combatting of Terrorist Acts that was made law as Law No. 15 Year 2003 juncto Article 55 subsection 1 juncto Article 65 of the Criminal Code.
———
AND
Charge TWO:

PRIMARY:

That the accused T. KAMARUZZAMAN Bin T. SYAHBUDDIN ALS PONMAN , both acting alone and together with H. SOFYAN,SH. BIN IBRAHIM TIBA, NASHIRUDDIN BIN AHMAD, T. MUHAMMAD BIN USMAN and AMNI BIN AHMAD MARZUKI, each to be tried separately, and with others of the GAM organisation, on June 2nd 2000 or at the least from 2000 until the year 2003, at Jalan Dharma No.59 in Laksana village, Kuta Alam district, Banda Aceh, or at the Hotel Kuala Tripa, Jalan Tgk Abdullah Ujung Rimba No.24 and at the former Bank Bumi Daya office in Jln. Cut Meutia or at other locations in the province of Nanggroe Aceh Darussalam, (based on article 84 subsection 2 of the Criminal Code the Banda Aceh court has the authority to try this case),

did carry out rebellion (aanslag) with the intention of defeating the state or a region of it in order to bring it under the control of a foreign power or with the aim of separating a region from the state, through a series of actions that must be examined individually, and were carried out by the accused in the following ways:---------------------------------------------------------------------------------------

- The accused must have held the aim since 2 June 2000 of establishing or re-establishing the national sovereignty of the Acehnese Nation against the interests of the Integral State of the Republic of Indonesia.

- That the accused while joined with GAM met with other GAM negotiators both in Aceh and overseas (in Switzerland) to plan and discuss the steps that should be taken by GAM in the diplomatic and political fields to achieve its goals through the mechanism of the negotiations.
- That the accused shared GAM’s aim of the re-establishment of the sovereignty of the Acehnese Nation by way of plebiscite (a form of referendum) which was to be achieved by actions in the field including armed rebellion by the military wing of GAM known as the Acehnese State Army - Tentara Negara Aceh (TNA).

- The accused knew that the GAM government had a state emblem consisting of a lion on the left and the buraq (Muhammad’s winged steed) on the right, in the centre a shield, below it a serrated circle and above it the letter “T” symbolizing the unity of the Tengku, Teuku and Tuanku (Acehnese noble titles) within Free Aceh; and that the GAM flag was a Crescent Moon and Star on a red background crossed by black and white lines.

- The accused knew that GAM opposed the authority of the Integral State of the Republic of Indonesia in the region of Aceh through a political, economic, propaganda, diplomatic and if necessary armed struggle; and that the form of resistance used towards government officials who refused to join the GAM group was armed resistance, kidnappings, hostage-taking, bombings and if attacked then self-defence would be employed.

- The accused knew that GAM, which [also] counted the four witnesses as members, did not agree with or acknowledge the form of government nor the authority of the Integral State of the Republic of Indonesia that was proclaimed on 17 August 1945 [as including] the region of Aceh.

- The accused together with the four witnesses saw and knew with certitude that those who proclaimed themselves government officials in the GAM government were:
- The head of state Tengku Dr. Hasan Muhammad Ditiro who resides in Sweden.
- The Prime Minister Tgk. Malik Mahmud who resides in Sweden
- The Minister for Foreign Affairs and Health Dr. Zaini Abdullah who resides in Sweden.
- The Finance Minister Bahtiar Abdullah who resides in Sweden who are all resolved to found their own state by separating Aceh from the Integral State of the Republic of Indonesia.

- That it was within the accused’s knowledge that GAM members owned, stored, carried, concealed and used firearms and ammunition and the accused knew this because of the statement of GAM military spokesman Sofyan Dawood that the number of arms held by GAM was around 1500-2000, but that the exact number of arms held by GAM would be related after the gathering of information from all regions of Aceh.

-There were even preparations that were carried out by the accused concerning the armed rebellion carried out by armed civilian GAM members, connected with the actions of the accused which permitted such a state of affairs to exist, a state of affairs that reflected the accused’s view that the State of Aceh should be separated from the Integral State of the Republic of Indonesia [sorry I can’t make this paragraph make sense – trans. DG].

---------These actions of the accused are hereby prosecuted under Article 106 juncto Article 55 subsection 1 juncto Article 65 of the Criminal Code.

SUBSIDIARY:

---------That the accused T. KAMARUZZAMAN Bin T. SYAHBUDDIN ALS PONMAN , both acting alone and together with H. SOFYAN,SH. BIN IBRAHIM TIBA, NASHIRUDDIN BIN AHMAD, T. MUHAMMAD BIN USMAN and AMNI BIN AHMAD MARZUKI, each to be tried separately, and with others of the GAM organisation at the times and places described in Charge Two – Primary, deliberately opposed the legitimate authority of the Indonesian state, rebelled and joined with an armed group to oppose said authority, which actions were carried out in the following ways:----------------------------------------------------------------

- That the accused from 2 June 2000 onwards joined with GAM and was appointed by GAM, as one of its negotiators in the Joint Humanitarian Action Committee (KBAK). The appointment was made by GAM Chief Negotiator Dr. ZAINI ABDUULAH, resident in Sweden, by way of verbal communication with GAM negotiator Drs. ILYAS ABED. After the KBAK was suspended by the Indonesian government the accused was appointed by MALIK MAHMUD (Chair of the Joint Council negotiations between GAM and the Republic of Indonesia and calling himself the Prime Minister of GAM). In the carrying out of these negotiations all of the accused’s actions and statements advanced the interests of GAM.

- The accused knew and the testimony of witness H. SOFYAN, SH. BIN IBRAHIM TIBA is that the task of the accused as a negotiator representing GAM at the Joint Security Committee and outside the Joint Security Committee was to serve as a member of the Verification Committee along with particular assigned tasks.

- The accused knew that his four friends were a group and organized as GAM negotiators while the position of the accused was as a staff member who opposed the vision and mission to the best of his ability [again, I’ve no idea what this is about – trans. DG]

- The accused knew the four witnesses in Kuala Tripa in Banda Aceh while the accused was a member of the KBAK representing GAM.

- The accused knew that the goal of GAM was to re-establish the sovereignty of the nation-state of Aceh that the accused aimed to carry out through the return of sovereignty to those who held a mandate from the Acehnese people as determined in a plebiscite (a kind of referendum [sic.]).

- The accused knew that the GAM government had a state emblem consisting of a lion on the left and the buraq (Muhammad’s winged steed) on the right, in the centre a shield, below it a serrated circle and above it the letter “T” symbolizing the unity of the Tengkus, Teukus and Tuankus (Acehnese noble titles) within Free Aceh; and that the GAM flag was a Crescent Moon and Star on a red background crossed by black and white lines.

- The accused knew that GAM, which [also] counted the four witnesses as members, did not agree with or acknowledge the form of government nor the authority of the Integral State of the Republic of Indonesia that was proclaimed on 17 August 1945 [as including] the region of Aceh.

- The accused knew that GAM opposed the authority of the Integral State of the Republic of Indonesia in the region of Aceh through a political, economic, propagandic, diplomatic and if necessary armed struggle; and that the form of resistance used towards government officials who refused to join the GAM group was armed resistance, kidnappings, hostage-taking, bombings and if attacked then self-defence would be employed.

- That the accused while joined with GAM met with other GAM negotiators both in Aceh and overseas (in Switzerland) to plan and discuss the steps that should be taken by GAM in the diplomatic and political fields to achieve its goals through the mechanism of the negotiations.

- While the accused was a negotiator representing GAM he participated in negotiations three times overseas (in Geneva, Switzerland), specifically :

a. from 6 to 9 January 2001 in Geneva, Switzerland, the accused participated in negotiations with the Indonesian government which resulted in the Moratorium agreement to end violent conflict for two weeks as a shared attempt by the Indonesian government and GAM to solve the Aceh problem politically rather than through violence.

b. From 9 to 10 May 2002 in Geneva, Switzerland the accused participated in negotiations with the Indonesian government which resulted in the joint Indonesian government – GAM statement whose contents were
- A stage of ending of hostilities and violence.
- A stage of All Inclusive Dialog (AID) which would involve all sectors of the Acehnese population including GAM.
- A stage of restoration of democratic government in Aceh.

c. On 9 December 2002 in Geneva, Switzerland, the accused participated in negotiations with the Indonesian government which resulted in the Cessation of Hostilities Agreement (CoHA) between the Indonesian government and GAM and the formation of the Joint Security Committee (JSC) in Aceh.

While the accused was attending the abovenamed negotiations he gave ideas and suggestions to the top leadership of GAM in order to strengthen their diplomatic and political struggle within the negotiations between the Indonesian government and GAM in Geneva, Switzerland, in order that the goal of GAM – to re-establish the sovereignty of the Nation-State of Aceh and separate it from the Integral State of the Republic of Indonesia – could be realized.

- The accused does not know with certainty whether the ideas and suggestions, chiefly in the fields of diplomacy, politics and negotiations, on strategy to advance the struggle for Acehnese national sovereignty, which were given to GAM by the accused were accepted and used by GAM because his ideas and suggestions did not receive responses from GAM leaders in the form of orders or advice to carry out the accused’s suggestions.

- The accused together with the four witnesses saw and knew with certitude that those who proclaimed themselves government officials in the GAM government were:
- The head of state Tengku Dr. Hasan Muhammad Ditiro who resides in Sweden.
- The Prime Minister Tgk. Malik Mahmud who resides in Sweden
- The Minister for Foreign Affairs and Health Dr. Zaini Abdullah who resides in Sweden.
- The Finance Minister Bahtiar Abdullah who resides in Sweden who are all resolved to found their own state by separating Aceh from the Integral State of the Republic of Indonesia.

- That it was within the accused’s knowledge that GAM members owned, stored, carried, concealed and used firearms and ammunition and the accused knew this because of the statement of GAM military spokesman Sofyan Dawood that the number of arms held by GAM was around 1500-2000, but that the exact number of arms held by GAM would be related after the gathering of information from all regions of Aceh.

- Adapun perbuatan-perbuatan/kegiatan terdakwa tersebut adalah menipakan rangkaian perbuatan yang saling berkaitan antara satu dengan yang lainnya merupakan suatu pemyataan terdakwa menggabungkan diri pada gerombolan yang melawan pemerintahan R.I. yang sah dan berdaulat dalam rangka mencapai keberhasilan perjuangan Gerakan Aceh Merdeka yang bertujuan mendirikan negara sendiri yang terpisah dari Negara Kesatuan R. I.

---------These actions of the accused are hereby prosecuted under Article 108 subsection 2 juncto Article 55 subsection 1 juncto Article 65 of the Criminal Code.---------------------------------------------------------------------
Banda Aceh, 17 July 2003
PUBLIC PROSECUTOR

OHARA PUDJO
JUNIOR PROSECUTOR
NIP.230 016 104