PUBLIC PROSECUTOR P-29
BANDA ACEH
" For Trial "

CHARGE SHEET
CASE NUMBER : PDM- 52 /BANDA ACEH/0703

1.IDENTITY OF THE ACCUSED:

II.DETENTION:

-By Nanggroe Aceh Darussalam Region Police investigators from 31 May 2003 to 14 July 2003 in Nanggroe Aceh Darussalam Region Police HQ.

-By the Public Prosecutor from 15 July 2003 until brought to trial.

C. CHARGES:

Charge One :

PRIMARILY:

That the accused NASHIRUIDDIN BIN AHMAD, both in his position as a member and/or as a sympathizer of Gerakan Aceh Merdeka (GAM), both acting alone and together with others, namely the witnesses H. Sofyan, SH Bin Ibrahim Tiba, Amni Bin Alimad Marzuki. T. Kamaruzzaman, SH Bin T. Syahbuddin alias Ponman and T. Muhammad Bin Usman (each the accused in separate cases) on dates and at times that cannot be precisely determined from June 2000 until the arrest of the accused by the Regional Military Emergency Authority of the province of Nanggroe Aceh Darussalam on 19 May 2003 or at the least from the year 2000 until 2003, at the Hotel Kuala Tripa, Jalan T.Abdullah Ujung Rimba No. 24, Room 402, in Banda Aceh or at Jalan Diponegoro beside the Metro Market in Banda Aceh or at other locations within the legal authority of the Banda Aceh State Court or at other locations that, based on article 84 subsection 2 of the Criminal Code, the Banda Aceh court has the authority to examine and try offences therein, did engage in unlawful conspiracy to, attempts to commit, or forms of assistance to terrorist acts as defined in article 6 of Government Regulations Amendment Number 1 of Year 2002 Concerning the Elimination of Terrorism, that was made law as Republic of Indonesia Law No. 15 of Year 2003. These actions of the accused were carried out in the following ways:

- At the times and places described above the accused NASHIRUDDIN BIN AHMAD met with a man calling himself Gerakan Aceh Merdeka (GAM) Governor of Batee Ileek region, named TENGKU DON, in the North Aceh region, who then invited the accused to join the Gerakan Aceh Merdeka (GAM) organization, and that the accused at that time agreed with the aims of Gerakan Aceh Merdeka (GAM) to separate from the Sovereign Integral State of the Republic of Indonesia.

- Because of a feeling of agreement with the aims and aspirations of GAM the accused then joined GAM and from 2 June 2000 the accused became an official member of GAM, as was shown by his being given a GAM identity card by TENGKU DON who called himself Governor of the Batee Ileek region.

- The accused was made one of the NEGOTIATORS REPRESENTING GAM in the JOINT SECURITY COMMITTEE (JSC) by way of a Letter of Appointment sent to the HENRI DUNANT CENTRE (HDC) by DR. ZAINI ABDULLAH in Sweden, calling himself Minister for Foreign Affairs and Health for GAM.

- That in order to achieve the abovementioned goals of GAM, members/supporters/sympathizers of GAM have carried out terrorist actions in the form of murders, kidnappings, torture, extortion and vandalism that the accused in his position as a representative of GAM should have known and ought to have suspected to have been carried out by members/supporters/sympathizers of GAM or by its military wing.

- Thus, since the accused became a member of and a party to the activities of Gerakan Aceh Merdeka, the accused knew of and gave both direct and indirect support to the actions of GAM throughout the area of the province of Nanggroe Aceh Darussalam including the murders of civilians, government officials, police and military personnel, as well as kidnappings, torture, arson and vandalism carried out by members or sympathisers of GAM, the evidence for which has been gathered from documents and telegrams from regional and district police throughout Nanggroe Aceh Darussalam that were sent to the head of the Nanggroe Aceh Darussalam Police, including the following (full data is attached in evidence reports):

- That the accused together with the four witnesses as GAM members directly and indirectly gave assistance 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 (?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, Aceh Besar 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. 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.

- That by joining with GAM as a member or sympathizer and by becoming one of the GAM representatives in negotiations the accused was party to unlawful conspiracy, attempts to commit or assistance to terrorist acts, that directly or indirectly form an inseparable part of the activities of the Gerakan Aceh Merdeka.

- That the accused NASHIRUDDIN BIN AHMAD was thus, on 19 May 2003, arrested by the responsible authorities in order to be held accountable for his actions.

————— These actions of the accused are hereby prosecuted under article 15 juncto article 6 of Government Regulations Amending Law Number 1 of 2002 Concerning the Elimination of Terrorism that was made law as Republic of Indonesia Law Number 15 of 2003 juncto article 55 subsection 1 juncto article 65 of the Criminal Code. ----

Subsidiary:

That the accused NASHIRUDDIN BIN AIIMAD, both in a private capacity and as member or sympathizer of Gerakan Aceh Merdeka, both acting alone and together with the others, namely the four witnesses H. Sofyan, SH Bin Ibrahim Tiba, Amni Bin Ahmad Marzuki, T. Kamaruzzaman, SH Bin T. Syahbuddin alias Ponman dan T. Muhammad Bin Usrnan (each to be tried separately) at times and places as outlined in the First (Primary) Charge continuously and deliberately gave assistance to the perpetrators of terrorist acts by concealing the perpetrators of terrorist acts or information concerning terrorist acts. These actions of the accused were carried out in the following ways:

-At the times and places described above the accused NASHIRUDDIN BIN AHMAD met with a man calling himself Gerakan Aceh Merdeka (GAM) Governor of Batee Ileek region, named TENGKU DON, in the North Aceh region, who then invited the accused to join the Gerakan Aceh Merdeka (GAM) organization, and that the accused at that time agreed with the aims of Gerakan Aceh Merdeka (GAM) to re-establish the sovereignty of Aceh-Sumatra and separate from the Sovereign Integral State of the Republic of Indonesia.

-Because of a feeling of agreement with the aims and aspirations of GAM the accused then joined GAM and from 2 June 2000 the accused became an official member of GAM, as was shown by his being given a GAM identity card by TENGKU DON who called himself Governor of the Batee Ileek region.

-That the accused as a member of GAM should have known or suspected that as well as utlising diplomacy and negotiations, the GAM organization also used armed force and terrorist actions, murders, kidnappings, torture, and extortion against the general populace, government officials, TNI soldiers and police who were considered unwilling to support or to be obstacles to the aims of GAM, but that these actions were not reported to the responsible authorities by the accused or the four other witnesses.

-That the accused knew that the GAM/Aceh Sumatra group opposed the authority of the Integral State of the Republic of Indonesia in Aceh, and 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.)

- 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)

- 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.

However, the accused Nashiruddin bin Ahmad concealed the (identity of the) perpetrators of terrorist acts and concealed information concerning terrorist acts by not reporting or informing the authorities of actions and plans that were directly or indirectly known to the accused or should have been known to the accused and the four other witnesses as GAM members, because terrorist acts, armed operations, murders, kidnappings, extortion and vandalism that occurred in the field in almost all regions of Nanggroe Aceh Darussalam province were an inseparable element of the activities of GAM, of which organisation the accused Nashiruddin bin Ahmad was a member or representative.

That the actions of members of Gerakan Aceh Merdeka that was represented by the abovenamed accused have deliberately used violence or the threat of violence to cause widespread public fear, and caused hundreds of civilians, government officials, TNI soldiers and police to be killed or injured, have seized people and goods unlawfully and destroyed the environment, strategic and vital objects, and public and internationally-owned facilities.

That the accused was thus arrested on 19 May 2003 by the responsible authorities.

—-——The actions of the accused described above are hereby prosecuted under article 13 subsection (b) and (c) of the Government Regulation amending

Law No. 1 of Year 2002 concerning the Elimination of Terrorist Activity as was made law as Law No. 15 Year 2003

juncto Article 55 subsection 1 part 1 juncto Article 65 of the Criminal Code.

AND
Secondly :
Primary :

That the accused NASHIRUDDIN BIN AIIMAD, both in a private capacity and as member or sympathizer of Gerakan Aceh Merdeka, both acting alone and together with the others, namely the four witnesses H. Sofyan, SH Bin Ibrahim Tiba, Amni Bin Ahmad Marzuki, T. Kamaruzzaman, SH Bin T. Syahbuddin alias Ponman dan T. Muhammad Bin Usrnan (each to be tried separately) at times and places as outlined in the First (Primary) Charge, did carry out an assault on the government (makar) 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:--------------------------------------------------------------------------------------------------------------------------------------------
:

-At the times and places described above the accused NASHIRUDDIN BIN AHMAD met with a man calling himself Gerakan Aceh Merdeka (GAM) Governor of Batee Ileek region, named TENGKU DON, in the North Aceh region, who then invited the accused to join the Gerakan Aceh Merdeka (GAM) organization, and that the accused at that time agreed with the aims of Gerakan Aceh Merdeka (GAM) to separate from the Sovereign Integral State of the Republic of Indonesia.

-That the accused stated himself to be, and considered himself to be a GAM supporter from the beginning, and because of a feeling of agreement with the aims and aspirations of GAM the accused then joined GAM and from 2 June 2000 the accused became an official member of GAM, as was shown by his being given a GAM identity card by TENGKU DON who called himself Governor of the Batee Ileek region.

-After joining GAM the accused was given various offices and roles in the GAM organization, among them Chair of the Combined Security Committee representing GAM, at the time of the Humanitarian Pause.

-The accused was made one of the NEGOTIATORS REPRESENTING GAM in the JOINT SECURITY COMMITTEE (JSC) by way of a Letter of Appointment sent to the HENRI DUNANT CENTRE (HDC) by DR. ZAINI ABDULLAH in Sweden, calling himself Minister for Foreign Affairs and Health for GAM.

-That the aim of the accused and the four other witnesses in participating in the JOINT SECURITY COMITTEE (JSC) as representatives of Gerakan Aceh Merdeka (GAM) was to represent GAM in the diplomatic field as a part of the work of the GAM organization, with the final aim of separating the region of the province of Nanggroe Aceh Darussalam from the Integral State of the Republic of Indonesia and surrendering all or part of it to a Foreign Power, namely what the accused calls the State of Aceh-Sumatra.

That this aim was to separate the province of Nanggroe Aceh Darussalam from the Integral State of the Republic of Indonesia and create a sovereign State of Aceh-Sumatra.

That since the accused joined the GAM organization together with the four other witnesses who played the roles of Negotiators representing GAM, the accused had de facto acknowledged the Integral State of the Republic of Indonesia’s government structures in Nanggroe Aceh Darussalam but that de jure the accused toegtehr with the four other witnesses did not agree with or acknowledge the Integral State of the Republic of Indonesia’s government structures in Aceh, giving the reason that the question of sovereignty over Aceh was still an issue of contention between the Government of the Republic of Indonesia and the Government of the Kingdom of Aceh.

That the plans, aims and goals that the accused aimed to realize, together with the four other witnesses and other members, sympathizers and leaders of GAM, were proven by their composition of their own state structure within the area of the Integral State of the Republic of Indonesia. This state structure was that of what was called the State of Aceh-Sumatra that possessed its own state emblem, borders, language and Constitution that is sovereign and independent.

That the State of Aceh-Sumatra that they aim to separate from the Integral State of the Republic of Indonesia is led by Head of State Tgk. Hasan Di Tiro with a GAM governmental organizational structure comprised of, among others:

a. – A military wing and police force as follows :

-Commander of the TNA MUZAK1R MANAF
-Aceh Besar Regional Commander ABU NEK.
-Bate Ileek Regional Commander DARW1S JEUNIB
-Pasee Regional Commander SOFYAN DAWOOD
-Lhok Tapaktuan/ Blang Pidie Regional Commander ABRAR MUDA
-And twelve other Regional Commanders, as well as police force heads

b. The state is to be composed of 17 regions, among them:

- Sabang
- Meureuhom Daya (Lamno)
- Nagan Raya (West Aceh )
- Lhok Tapak Tuan (South Aceh)
- Aceh Besar.
- Pidie
- Bate Ileek (Bireuen)
- Pasee (North Aceh)
- Wilayah Penreulak (East Aceh)
- Tamiang (Aceh Tamiang)
- Singkil (Aceh Singkil)
- And six other regions.

c. Each region is to be made up of various Sagoe.
d. Each Sagoe is to be made up of various Mukim
e. And the Mukim are to be made up of various Gampong

That to achieve their aims and goals of separating all (!) or part of the Integral State of the Republic of Indonesia to become the State of Aceh-Sumatra described above the accused took part in and played the role of negotiator representing the Gerakan Aceh Merdeka (GAM) in which role he was active in the Diplomatic, Negotiation and Political fields in order to implement and realize the aforesaid aims and goals.

That since the accused declared himself a GAM member he took part in the activities of GAM, including, among others:

a. Becoming a member of the Joint Security Committee in December 2002 which bound them to an agreement between the Indonesian government and the GAM leadership in Geneva. At the time of that agreement GAM still maintained their aim of separatism and did not accept special autonomy for Nanggroe Aceh Darussalam.

b. As a member of GAM the accused along with the four other witnesses held the same vision and mission, that is they aimed to separate the province of Nanggroe Aceh Darussalam from the Integral State of the Republic of Indonesia in order to re-establish a Sovereign Acehnese State bordered on the north by the Straits of Malacca, on the east by the province of North Sumatra, on the south by the Indian Ocean and on the West by the Bay of Bengal.

------ The actions of the accused described above are hereby prosecuted under article 106 juncto article 55 (1) part 1 juncto article 65 of the Criminal Code. -----------------------------------------------------


SUBSIDIAIR

That the accused NASHIRUDDIN BIN AIIMAD, both in a private capacity and as member or sympathizer of Gerakan Aceh Merdeka, both acting alone and together with the others, namely the four witnesses H. Sofyan, SH Bin Ibrahim Tiba, Amni Bin Ahmad Marzuki, T. Kamaruzzaman, SH Bin T. Syahbuddin alias Ponman dan T. Muhammad Bin Usrnan (each to be tried separately) at times and places as outlined in the First (Primary) Charge, is guilty of rebellion, in that he opposed the established authority of the Republic of Indonesia by joining with a group that opposed the government with arms. The actions of the accused was carried out in the following ways:

-At the times and places described above the accused NASHIRUDDIN BIN AHMAD met with a man calling himself Gerakan Aceh Merdeka (GAM) Governor of Batee Ileek region, named TENGKU DON, in the North Aceh region, who then invited the accused to join the Gerakan Aceh Merdeka (GAM) organization, and that the accused at that time agreed with the aims of Gerakan Aceh Merdeka (GAM) to separate from the Sovereign Integral State of the Republic of Indonesia.
-Because of a feeling of agreement with the aims and aspirations of GAM the accused then joined GAM and from 2 June 2000 the accused became an official member of GAM, as was shown by his being given a GAM identity card by TENGKU DON who called himself Governor of the Batee Ileek region.

-That after joining GAM the accused took on the role of attempting to achieve the abovementioned aims by taking part in the Combined Security Committee as Chairperson during the period of the Humanitarian Pause and later as one of the NEGOTIATORS representing GAM in the Joint Security Committee (JSC), with the aim of representing GAM’s interests in negotiations with the Republic of Indonesia.

-That the accused since declaring himself a GAM member and since becoming an official member has known that the fundamental principle of GAM as founded by its leaders both overseas and within the province of Nanggroe Aceh Darussalam is that of rebellion, that is it aims to resist the legitimate authority recognised by the international community over the province of Nanggroe Aceh Darussalam, which represents a part of the Integral State of the Republic of Indonesia.

-That the accused knew that Gerakan Aceh Merdeka was an armed group that resisted the government of the Integral State of the Republic of Indonesia by force as well as using diplomatic means and negotiations to achieve its aims of separating the Province of Nanggroe Aceh Darussalam and transforming it into a sovereign state.

-That the accused then joined GAM and carried out activities which supported, represented and facilitated the interests of the group in achieving its aims.

-That the rebellion carried out by the accused by joining with GAM has been proven by the nature of his work in the negotiations and his continuing activities representing GAM that could not be completed because the accused was arrested by the Regional Military Emergency Authority of the province of Nanggroe Aceh Darussalam and transferred to the Nanggroe Aceh Darussalam Region Police Force to be held responsible for his actions.

-----------------The actions of the accused described above are hereby prosecuted under article 108 subsections 1 through 2, juncto Article 55 subsection 1 part 1 juncto article 65 of the Criminal Code. -------------------------------

Banda Aceh, 22 July 2003

PUBLIC PROSECUTOR

EFDAL EFENDI, SH
PROSECUTOR NIP. 230020701

AZMAN TANJUNG, SH
ADJUNCT PROSECUTOR NIP. 230025592

MUHAMMAD, BARDAN, SH
ADJUNCT PROSECUTOR NIP. 230025590