In February 2010 a campaign, with a then 10 year history, was initiated by a group of religious fanatics, who opposed the works of Anand Krishna in celebrating unity and interfaith harmony, to silence him and his teachings.
What has since transpired is perhaps the most serious case of corruption and human rights abuse in present day Asia.
|12 Feb 2010:||A complaint of sexual harassment was made against Interfaith Spiritual Activist Anand Krishna to the Indonesian National Commission of Women.|
|12 Feb 2010:||A black media campaign was also initiated against Anand Krishna until May 2010.|
|15 Feb 2010:||Anand Krishna was reported to the police. Contrary to media reports which stated that the number of victims ranged between 19 and 42, the sole accuser was a 19 year old girl, Tara Pradipta Laksmi.|
|25 Feb 2010:||Multiple online media outlets (including TempoInteraktif, Waspada Online, Suara Islam Online, Vivanews and Okezone) reported the sole accuser’s lawyer as stating “The Sexual Harassment (Case) was only an entry gate to more seriously problem, i.e, (going to become) Religious Blasphemy.” A position which is supported by the 13 year background to the case. read more
|5 Apr 2010:||During ongoing interrogations by the police lasting several hours, Anand Krishna collapsed and was rushed to the Police Hospital. read more
Despite medical reports submitted to the Police which outlined Anand Krishna’s diabetes, hypertension and other medical complications, he was held from morning until late evening, the last 3 hours of which he was prohibited from going to the toilet. His collapse was a direct result of the mistreatment. For the next 3 days he was put on heavy dosage of pain killers and some other sedatives, the details of which were not properly disclosed to him.
Finally, when he was allowed to shift to another hospital, he was diagnosed with bigeminy, a heart condition, which has ever since continued. Bigeminy is a potentially fatal condition where minimal physical stress can cause the heart beat to increase by up to 3 fold.
|29 Juli 2010:||After months at the office of the Prosecutor, the dossier was finally submitted to the court.|
|25 Aug 2010:||The first hearing was conducted at South Jakarta District Court.|
|16 Sep 2010:||Islamic Defender Front (FPI), a notorious radical Islamic group with a history of violence, attended a Trial hearing.|
|11 Nov 2010:||During the third hearing the key elements of the prosecution’s case were revealed to entirely unsubstantiated, and Anand Krishna received a death threat from Muhammad Djumaat Abrory Djabbar inside the court room. read more
|9 Mar 2011:||Anand Krishna was detained by police, before either he or his witnesses had given their testimony. He was not even permitted to provide an alibi for his defence. read more
Darwin Aritonang SH, Anand’s lawyer, insisted that the arrest clearly violates law. “A person could be detained before a final verdict for three reasons only. These are preventing a suspect from removing evidence, fleeing, and repeating his/her criminal action,” said Darwin. “All of those premises were irrelevant in this case. In addition, Anand had permanent heart disease, diabetes, and high blood pressure, which hindered him from any kind of arrest.”
This controversial arrest had drawn attention from fellow activists and proponents of Anand’s peace movement including Rev. Mindawati Perangin-angin, Pastor Frans Magnis Suseno, Pastor Johanes Hariyanto, Prof Musdah Mulia, Djohan Effendi, Muh. AS Hikam, Muhammad Guntur Romli, Nong Darol Mahmada, Adnan Belfast and Osmar Oscar Sinurat. They sounded their concern about the arrest and raised questions as to whether this arrest was merely part of an agenda to silence of the establishment of pluralism in Indonesia since Anand had been well-known as a key figure in the pluralism movement in Indonesia.
Balinese High Hindu Priest, Ida Pedande Sebali and prominent Muslim leader – Gus Nuril (K.H. Nuril Arifin Husein) also attended Cipinang Detention Centre to offer their support to Anand Krishna, along with Actress Ayu Dyah Pasha and Poppy Dharsono, Central Java Senator.
|9 Mar 2011:||In response to the unlawful detainment, he began a Hunger Strike which lasted for 49 days. read more
When asked why he had begun the hunger strike, Anand firmly answered, “I felt I was being oppressed by the judge’s determination to detain me, since during the court trials we had been very cooperative, and most importantly none of the evidences were proved … Moreover, the statements of the witnesses were very inconsistent, and the actual court events were incongruent with the official report of the trial … As a protest to the judgment which I believe was very inhuman and even not considering my health condition where I had had a very tight diet due to suffering from diabetic and high blood pressure, therefore, as a protest and rejection to this injustice, I decided to do fasting until this inhuman judgment was repealed. Hopefully, the judge panel and the public prosecutor were given enlightenment and clear mind by God. I also hoped if my health condition was disturbed, I begged no enforcement to make me eat. Let me die if that what people who put me into this case wanted- to silence my voice of nationality, harmony mission, and my principal of unity in diversity. I begged all my friends who were in the same mission and vision would continue our struggle, and did not give up by any power that hindered us. With Love”.
|16 Mar 2011:||During the hunger strike he was brought to the court where he collapsed as a result of the Bigeminy. He was left for several hours on the court grounds without any medical assistance. When a doctor finally arrived he had to force the prosecutor & judges to allow Anand Krishna to be taken to hospital.|
|24 Mar 2011:||Renowned Human Rights Activist and Legal Practitioner Adnan Buyung Nasution denounces the decision of the Court to detain Anand Krishna read more (link to article below)
Adnan Buyung: Judge’s decision is careless (translated into English)
JAKARTA, KOMPAS.com – Adnan Buyung Nasution, a prominent Human Rights Activist and legal practitioner, has expressed concerns with the position and disposition of the judges presiding over the case of spiritual leader, Anand Krishna. The position of the judge who it seems has judged Anand as guilty, appears to have violated the Criminal Procedure Code and the judges code of conduct.
“I’ve been in the field of law, for more than 50 years. And this is the first time that I have ever seen anything like this; that a judge has put someone in guilty position, before the final verdict of the court,” said Adnan Buyung after visiting Anand Krishna at the Police Hospital, Kramat Jati, Jakarta , on Thursday (03/24/2011).
According to Buyung, the judge’s act was careless and violated the Criminal Procedure Code Article 158 and the code of ethics of judges which is free and impartial.
“Just imagine, the case is still in process, just 9 of 25 witnesses were examined, the demands of the prosecutor have not been heard, the suspects defense has not been heard, and there has been no court ruling. That means there’s no proof that he (Anand Krishna) is guilty, “said Buyung.
On that basis, Buyung thought that is very un-ethical of the judge to treat Anand as someone who has committed a crime. With the judicial process is still running, added Buyung, it is possible that Anand will later be found not guilty and declared free. Therefore, judges should uphold the principle of presumption of innocence.
Buyung also reminded that a judge should uphold the enforcement of justice. Therefore a judge may not take sides in a court, not to the parties, the litigants, witnesses, the team’s attorney, the prosecutor, let alone to outsiders. “This judge is not brave enough to stand firm against complaints, protests, and opinions from outside,” said a former member of the Wantimpres (President’s Advisory Council)
|30 Mar 2011:||Committing a gross breach of Human Rights, Prosecutor, Martha Parulina Berliana ordered Anand Krishna be unplugged from the hospital equipment (medical infusion) which was providing his only nutrition, and he was removed from the hospital and returned to Cipinang Detention Centre.|
|1 Apr 2011:||The Anand Ashram Community established a peaceful protest at South Jakarta District Court demanding the replacement of the presiding Chief Judge (Drs Hari Sasangka).|
|2 Apr 2011:||Anand Krishna was once again rushed to the hospital after his health condition deteriorated. His blood sugar had dropped to 64 and he had suffered a minor stroke, which has affected his left leg.|
|26 Apr 2011:||Anand Krishna ended the hunger strike when the judge ordered that the detainment order be suspended.|
|7 Jun 2011:||An illegal (sexual) relationship between the presiding Chief Judge (Drs Hari Sasangka) and one of the key witnesses was reported to the Supreme Court & Judicial Commission and was brought to the media attention. The relationship between the judge and the witness was evidenced by hundreds of photographs and five eyewitnesses. Read article:
|8 Jun 2011:||The Head of the South Jakarta District Court ordered the replacement of the entire panel of judges in Anand Krishna’s Trial. Read articles:|
|Jul-Sep 2011:||Judge Hari Sasangka was handed a six-month disciplinary sanction by the Supreme Court. Read article:
|15 Jun 2011:||The new panel of judges, presided over by Judge Ho, decided to re-hear testimony of all the key witnesses.
|Aug10 – Nov11:||During the trial, the public prosecutor, Martha Parulina Berliana repeatedly attempted to pervert the course of justice read more
|Aug10 – Nov11:||During the trial, a number of facts emerged which provided strong evidence of a conspiracy against Anand Krishna. read more
The testimony of the prosecutions key witness, Tara, was incredible because she had been the subject of a 3 month, 45 session intensive hypnotherapy treatment by Dewi P Faeni alias Dewi Yogo Pratomo who had violated professional standards and code of practice which state that no more that 4-5 treatments should be given at any one time and that such treatments should not occur more than once a week. Link to letters confirming doubtful education credentials
According to Prof. LK Suryani PhD, founder of CASA (Committee Anti Sexual Abuse) & Chief of Psychiatric Laboratorium of Udayana University, and Adi W Gunawan – a leading expert in Mind Technology, conducting 45 hypnotherapy sessions to a patient would be considered an overdose and is not only unethical practice for a hypnotherapist but could also lead to brain washing or false memory implantation.
The trial of Anand Krishna could never have been impartial following the massive black campaign on national media between February and April 2010. Anand Krishna had already been subjected to “Trial by Press” before appearing in a court of law.
Facts uncovered during a closed-session of the court showed that there were several meetings between the prosecution’s witnesses prior the reports of Tara to National Woman Commission (12 Feb 2010) and Jakarta Police (15 Feb 2010). The meetings were set up and facilitated by Muhammad Djumaat Abrory Djabbar and his wife Dian Mayasari with the help of Shinta Kencana Kheng (a female witness who had a special relationship with the earlier judge).
According to the testimonies of the witnesses, Muhammad Djumaat Abrory Djabbar was also financing most of the witnesses to perform roadshows, including a group trip to Bali in March 2010 in order to urge the police to close down Anand Ashram Meditation Center, located in Kuta, Bali.
|26 Oct 2011:||Public Prosecutor Martha Parulina Burliana read her indictment in the South Jakarta District Court. The indictment intentionally misrepresented the events of the trial. read more
It should be noted that Martha Parulina Berliana has been involved with two other cases of questionable integrity where similar techniques were used to secure a conviction in the cases of Aan and Daniel Sinambela.
|22 Nov 2011:||Judge Albertina Ho acquitted Anand Krishna of all charges, reinstating his civil rights. See judgment|
|2 Dec 2011||Agung Mattauch, Tara’s lawyer falsified a report to the judicial commission, accusing the presiding judges of illegal and inappropriate conducts.
His accusation stated that the panel of judges intentionally:
|19 Dec 2011:||In contravention of the Indonesian Criminal Code Procedure, and in contravention of the public statement of the Indonesian Attorney General instructing his deputies not to appeal innocent verdicts except in cases relating to corruption that inflict loss on the public fund, the Public Prosecutor and Chief of State Attorney District Office of South Jakarta appealed the acquittal verdict of Judge Ho to the Supreme Court. The appeal misrepresented the facts of the case. read more
The appeal only quoted a part of the verdict of the lower court, intentionally misleading the reader, and introduced irrelevant case law as justification for the appeal (the case in question a registered case from the West Java District Court Registration Case No. No. 20/Pid/2006/PT. Bdg, dated on 21 April 2006,Page 9 to 13 and Page 91 and 92relating to a criminal trademark dispute.
Furthermore, according to Article 67 and 244 of Bill No 8/1981 of the Indonesia Criminal Code Procedure (KUHAP), an appeal of a not-guilty verdict cannot be brought to the Higher Court or the Supreme Court when the defendant has been freed of all charges and declared innocent by the lower court.
The reason cited as justifying the appeal is a 1983 Ministry of Justice decree (Surat Keputusan Menteri Kehakiman No. M.14-PW.07.03 Tahun 1983 tentang Tambahan Pedoman Pelaksanaan KUHAP) that allows for cases of special attentions, conditions and circumstances in the name of law, truth and justice to be brought into cassation in the Supreme Court.
Since then, the Indonesia Attorney General Office has adopted a policy to always make an appeal to higher court, or a file of cassation to the Supreme Court if they receive a verdict of not-guilty, or obtain a sentence less than two third of prison term requested in the indictment.
However it is important to note that a Ministerial Decree carries less legal weight than a formalized law such as the Criminal Code – to allow the lesser decree to take precedence over Articles 67 and 244 of Bill No 8/1981 of the Indonesian Criminal Code Procedure is a violation of the universally recognised legal principle of Lex superior derogat legi lex inferiori. Furthermore the supreme court jurisprudence arising out of the application of the 1983 decree is not included within The Source of Law & Hierarchy of Laws, according to the People’s Representative Assembly Decree (TAP MPR) No. III/2000.
In addition, the public statement of the Indonesian Attorney General, Basrief Arief, in consultation with People Representative Council (DPR) on July 18 2011, instructed his deputies NOT to appeal innocent verdicts, unless such verdicts related to corruption cases that inflicted the loss of state funds.
|15 Jun 2012:||A former investigative reporter, Ni Kade Surpi A., M.Fil.H gave a surprising testimony in Seminar in Denpasar – Bali that in 2006 she had was informed that Anand Krishna was atop the list of targets of Islamic Radicals because of his activities in bringing together the national harmony thru his interfaith activities and uncovering the hidden agenda of Wahabi-Saudis in creating radicalism in Indonesia. Her public testimony can be viewed here:
|24 Jul 2012:||Without public trial, a panel of judges, comprising Zaharuddin Utama, Achmad Yamanie, and Sofyan Sitompul, in the Supreme Court overturned the acquittal, sentencing Anand Krishna to two and a half years in prison. The verdict is considered null and void under Indonesian Law for failing, on four counts, to comply with Article 197, section 1 of the Indonesian Criminal Code Procedure (KUHAP). see the verdict
The verdict did not meet the requirements of Article 197 Sections 1 (d), 1 (f), 1 (h) and 1 (l) of Indonesian Criminal Code Procedure (KUHAP). Article 197 further states that unless a verdict complies with Section 1 in entirety it is null and void.
Specifically it failed to state:
the complete elements of the criminal charge;
rendering it null and void.
Anand Krishna refused to comply with the unlawful verdict.
The verdict of the Supreme Court not only violates several parts of Bill No 8/1981 Indonesian Criminal Code (KUHAP), but also Bill No 39/1999 which ratifies the International Covenant on Civil and Political Rights (ICCPR), and Article 28D (1) of the Indonesian Constitution of 1945 which states that every citizen has a right to equality, assurance, tranparency, justice in front of law and legal certainty.
|18 Oct 2012:||Gajah Mada University of Jogjakarta (18/10) and Udayana University of Bali (25/10) each conducted public examinations of the case with speakers including: Prof of Criminal Law at Diponegoro University – Semarang; Prof Dr. Nyoman Serikat Putra Jaya SH MH – Prof of Criminal Law at UGM; Prof Dr. Edward OS Hiariej SH Mhum; Advocate Nur Ismanto SH Msi – former Constitutional Court Judge (2003-2008), Dr Dewa Gede Palguna SH MH – Criminal Law expert at Udayana University; and Dr IB Surya Jaya Dharma SH MH. The Public Examination in Bali was also attended by the National Commission on Human Rights (Johny N Simanjuntak). Without exception, each of the speakers concluded that Anand Krishna’s Human Rights had been breached and violated by the Indonesian Justice System. They also asserted that the verdict of the Supreme Court fell short of the minimum requirement set by Article 197 of the Indonesian Criminal Code Procedure (KUHAP – Law No. 8/1981) and was therefore null and void.
|22 Nov 2012:||The Constitutional Court passed a ruling restating the legislative requirement for all verdicts to comply with Article 197 Section 1 of the Indonesian Criminal Code or else be null and void.|
|27 Nov 2012:||Anand Krishna’s son and friends gave notice to the Attorney General’s Office of Public Relation and Legal Counsel Service in Attorney General Office Complex that he refused to comply with the unlawful verdict and informed them that he was located at his Ashram in Ubud, Bali and that he would remain there indefinitely.
|Early Dec 2012||Justice Zaharuddin Utama (another of the Supreme Court Judges who overturned the acquittal) was reported to the Commission of Corruption Eradication (KPK) and the Judicial Commission (KY) for allegedly accepting a bribe (judicial graft)
|11 Dec 2012:||Justice Ahmad Yamanie (one of the Supreme Court Judges who overturned the acquittal) was dishonorably discharged by Justice Ethics Council for commuting the sentence of a convicted drug lord without proper cause.
|19 Dec 2012:||The Attorney General’s office issued a statement to the media that Anand Krishna was a fugitive and his whereabouts unknown (despite Anand giving them notice of his precise location).
|End Dec 2012:||The Indonesian National Commission on Human Rights (Komnas HAM) issued a letter of recommendation No : 2.758 A/K/PMT/XI/2012 to the Supreme Court, Attorney General and Indonesian National Police, dated 9 Nov 2012, stating that there were strong indications of human rights violations in the proceedings against Anand Krishna. They recommended that the verdict not be enforced until the case had been properly reviewed. read the letter|
|13 Feb 2013:||The Peoples Representative Assembly (Commission on Law and Human Rights) and Constitutional Court issued an official statement reminding the Attorney General and Ministry of Justice & Human Rights of the requirement to comply with the order of the Constitutional Court on 22 November 2012 in respect of Article 197 Section 1 of the Criminal Code relating to null and void verdicts.|
|14 Feb 2013:||The Attorney General’s office sent prosecutors from South Jakarta’s office along with uniformed police officers, plain clothes police officers and private hired helpers (numbering approximately 100 strong) to Anand Ashram, Ubud, Bali to forcibly execute the unlawful judgment against Anand Krishna. The arrest attempt was unsuccessful. read more
All prosecutors and their agents present at the attempted arrest were served formal notice that the verdict did not comply with Article 197 Section 1 of the Indonesian Criminal Code and reminded that they would be personally liable for any harm or loss caused to Anand Krishna should they choose to execute a judgment which did not carry the force of law.
None of the prosecutors of their many agents were willing to identify themselves.
|16 Feb 2013:||The prosecutors returned to the Ashram and, with the assistance of over 100 police officers and private hired helpers, stormed the Ashram to cause the arrest of Anand Krishna. Several women were physically assaulted in an unprovoked and violent assault against supporters of Anand. Under threat of further violence against his supporters, Anand agreed to accompany the prosecutors to the central police station in Denpasar, Bali, all the while protesting the unlawful arrest.
The six Prosecutors listed on the execution order as having authority to carry out the order were all present and each identified themselves. Everyone else who attended on behalf of the Prosecutors refused to identify themselves. Each of the Prosecutors were put on notice as to the null and void status of the verdict yet in full knowledge of the fact, proceeded to order the arrest which resulted in numerous acts of violence and injuries of innocent bystanders. The Banjar Leader (local council chief) arrived to stop the violence.
The Prosecutors presented arrest warrants for a number of the key supporters of Anand Krishna whose diligent representations to media and police representatives had assisted in foiling the arrest attempt 48 hours earlier, in order to silence the primary voices of truth and justice.
Anand Ashram were later informed that the Banjar Leader had intended to assist Anand Krishna in resisting the unlawful arrest, however he was unable to do so because the Prosecutors office had previously sent agents around each house in the village to spread misinformation that the peaceful events which they regularly witnessed at the Ashram were actually held for the purpose of sodomizing children. The Banjar Leader consequently received numerous complaints from local residents and was unable to act.
|17 Feb 2013:||Anand Krishna was transported to Cipinang Correctional Facility in Jakarta where he remains to this day.|