Activists hail draft amendment on human rights<\/p>\n
JAKARTA (JP): The People's Consultative Assembly (MPR) was
\nhailed on Tuesday for proposing the inclusion of a human rights
\nchapter into the 1945 Constitution, but at the same time it
\nreceived a thumbs down for rejecting a retroactive clause, which,
\nit is feared, could discourage investigations into past crimes
\nagainst humanity.<\/p>\n
The draft of the human rights chapter, which received
\noverwhelming support from factions in the Assembly in Tuesday's
\nplenary session, consists of 10 articles, including one that
\nguarantees the right to live free from torture, slavery and
\ncharges based on retroactive laws in whatever condition.<\/p>\n
Prominent lawyer Todung Mulya Lubis said the human rights
\narticles were comprehensive.<\/p>\n
\"Learning from the draft amendment, the articles provide
\nprotective human rights. It's better than conditional human
\nrights provided by the current Constitution,\" Todung told The
\nJakarta Post.<\/p>\n
\"Furthermore, the draft was made after hearings with several
\norganizations. It means the amendment was made by taking people's
\naspirations into account,\" he added.<\/p>\n
He was concerned, however, about article 28I which provides
\npeople with protection from charges based on retroactive laws.<\/p>\n
\"The article is crucial because it will allow human rights
\nperpetrators in the country to escape trial,\" he said.<\/p>\n
He said the Criminal Code (KUHP) was not a sufficient
\ninstrument to solve human rights violations.<\/p>\n
Todung admitted that the modern Criminal Code did not
\nrecognize the principle of retroactivity, which allows for trials
\nof past criminal cases.<\/p>\n
\"But in cases of severe human rights violations, we may use
\nthe principle of retroactivity,\" said Todung.<\/p>\n
Contacted separately, Hendardi of the Indonesian Legal Aid and
\nHuman Rights Association (PBHI) shared a similar view, saying
\nthat it could be used to protect those who were involved in human
\nrights abuses in the past.<\/p>\n
\"I'm sure there's a certain political motive to protect the
\nhuman rights perpetrators,\" he remarked.<\/p>\n
He admitted, however, that at present, retroactivity was not
\nnecessarily mentioned in the Constitution and suggested the
\nestablishment of an ad hoc court to try past atrocities.<\/p>\n
Meanwhile, Commission A members denied that human rights
\nviolations, such as those which occurred in Tanjung Priok, East
\nTimor and Aceh, could not be tried, suggesting that the cases
\ncould still be processed based on the Criminal Code.<\/p>\n
\"We could use KUHP, since it also carries heavy punishment.
\nThe cases could also be brought to an international tribunal,\"
\nCommission A deputy chairman Slamet Effendy Yusuf told reporters.<\/p>\n
He maintained that all criminal cases, including human rights
\nabuses, based on legal principles, could be tried through a law
\nwhich took effect after the cases occurred.<\/p>\n
He said the inclusion of the right to be free from charges
\nbased on retroactive laws was aimed at accommodating the basic
\nprinciples of law.<\/p>\n
\"Even the Koran could not be used to punish people before the
\nHoly Book was given by God to prophet Muhammad,\" Slamet, from the
\nGolkar Party, said.<\/p>\n
Another Commission A member, Patrialis Akbar, supported
\nSlamet's opinion, saying that the cases could be still tried
\nusing KUHP.<\/p>\n
\"It now depends on the prosecutors to bring the cases to
\ncourt,\" Patrialis, from the National Mandate Party (PAN), said.<\/p>\n
He admitted that the clause ensuring the freedom of charges
\nbased on retroactive laws was never discussed in the Assembly's
\nad hoc committee prior to the Annual Session.<\/p>\n
\"The clause was only discussed in a synchronization team in
\nseveral meetings at the Sheraton Bandara Hotel in July,\"
\nPatrialis said.<\/p>\n
He agreed that based on the Article 28I (1), human rights
\nabuses could not be tried using the new Human Rights Court Law,
\nthe draft of which is being deliberated by the House of
\nRepresentatives.<\/p>\n
Legislator Joko Susilo from the Reform faction earlier said
\nthat the proposal was suggested by the Indonesian Military
\n(TNI)\/National Police faction.<\/p>\n
\"The proposal was discussed in a fierce and long debate,\"
\nJoko, from PAN, said on Monday.<\/p>\n
On June 5, the government submitted the bill on a human rights
\ncourt after heavy international pressure to try human rights
\nabuses that occurred in East Timor.<\/p>\n
The bill was submitted since the Criminal Code was considered
\nto be lenient and not tough enough to try those suspected to be
\ninvolved in the abuses.<\/p>\n
House Speaker Akbar Tandjung had promised to pass the bill by
\nthe end of July, but it has yet to be approved. (nvn\/jun)<\/p>",
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