TEMPO.CO, Jakarta - The Supreme Court has corrected the death sentence imposed on Yusman Telaumbanua when he was still underage. A grave mistake.
Death row convict Yusman Telaumbanua, who was aged 16 when he was tried, was released last week. The sentence handed down to the youth from Hilionozega village, Idanogawo subdistrict, Nias regency was revised by the Supreme Court following an appeal. Now, it is time for the police officers, prosecutors, and judges involved in Yusmans initial trial to be investigated, and when proven guilty, be severely punished.
Law enforcement officials were clearly negligent when determining the age of Yusman, who was sentenced to death by the Gunungsitoli District Court in May 2013. The youth, who was charged with involvement in a case of premeditated murder, was declared to have been 19 years old when the offense took place a year beforehand. This meant he was an adult, and no longer covered by the Child Court Law, which stipulates that children are aged up to 18 years and cannot be sentenced by capital punishment such as death penalty. At the court, the age of Yusman, who failed to graduate from elementary school, was determined only based on witness testimony, not official nor scientific documentation.
This serious error changed Yusmans life forever. An underage suspect cannot face the death penalty. Even if proven guilty, he would face a maximum sentence half that of an adult. That is why, the case of Yusman, who was accused of murdering his boss, Kolimarinus Zega, and two other people, was very strange. Of the six people accused of involvement, only Yusman and his brother-in-law were tried.
The Yusman tragedy was revealed by a priest and the Commission for Missing People and Victims of Violence (Kontras). This commission helped Yusman lodge an appeal. The Supreme Court eventually granted the appeal and changed the verdict to five years in jail. Because he had served enough of his sentence, Yusman was released from Gunungsitoli Jail on August 17.
The error with Yusmans age came to light from, among other things, the church baptism records showing that he was born on December 30, 1996, meaning he was under 16 in April 2012, the time of the murders. A medical examination at the Padjadjaran University Faculty of Dentistry showed that Yusman was under 18 when the murders took place.
The Yusman case was also strange because he was not the person who actually carried out the murders of Kolimarinus and the two other victims, who had initially planned to buy a gecko for a considerable sum of money. Yusman merely told his boss that his brother-in-law, Rusula Hia, had a gecko. Kolimarinus and the two other victims were then picked up by four of Rusulas neighbors on motorbikes. These four bike riders are thought to have sadistically killed the three prospective gecko buyers for their money. They are still on the run. Only Yusman and Rusula were arrested and subsequently sentenced to death.
The police must solve this case and find the four fugitives. This is important for justice. Although he has been freed, Yusman needs rehabilitation if he really was not involved in the murders. And the sentence of his brother-in-law should also be corrected if he was not guilty, or did not play a major part.
Law enforcement officers involved in the arbitrary trial must be questioned and appropriately punished. Yusman is thought to have been ill-treated during questioning, and his attorney sided with the police. It is not only police officers and prosecutors who should be investigated, but also the judges who sentenced Yusman, who should be questioned by the Judicial Commission. A trial should not be conducted in such an arbitrary fashion, especially if it results in death sentences for those on trial.
Read the full story in this week’s edition of Tempo English Magazine
