East Timor cases under international spotlight again<\/p>\n
Three members of the UN-sanctioned Commission of Experts (COE)
\nare scheduled to arrive in Jakarta on May 20 to meet with legal
\npeople involved in the human rights tribunal for Indonesian
\nofficers and officials, who were charged with, but acquitted of
\nrights violations in East Timor. Indonesia and East Timor jointly
\ncreated a Commission of Truth and Friendship (CTF) late last
\nyear. Rafendi Djamin, coordinator of the Human Rights Working
\nGroup (HRWG) gave The Jakarta Post's Ridwan Max Sijabat his
\nopinion on COE's mission.<\/p>\n
Question: Would you like to comment on the arrival of UN's COE
\nrepresentatives?<\/p>\n
Answer: First of all, we support the United Nations' move to
\nseriously deal with human rights abuses in East Timor, especially
\nsince the 1999 East Timor violence, which is classified as an
\ninternational crime against humanity.<\/p>\n
Secondly, we also appreciate Indonesia's cooperative gesture
\nshown by the government in the issuance of visas for the three
\nexperts. We hope the UN experts will be given a wide access to
\nmeet with relevant sides and obtain needed documents so that they
\ncan work optimally and finally make an objective report.<\/p>\n
Why do you give a thumbs-up to the UN mission?<\/p>\n
Speaking frankly, we are disappointed with the Indonesian
\nhuman rights tribunal since only two -- former East Timor
\ngovernor Jose Abilio Soares and pro-independence militia leader
\nEurico Gutteres -- were given a guilty verdict, while all
\nmilitary and police officers and officials allegedly involved in
\nhuman right abuses were acquitted of all charges.<\/p>\n
This has shown Indonesia's unwillingness and incapacity to
\ninvestigate the human rights abuses thoroughly and bring the
\nperpetrators to justice.<\/p>\n
The establishment of the COE is also consistent with the
\ninternational nature of the 1999 East Timor violence. It is also
\na good opportunity for local police, prosecutors and judges to
\ngive a satisfactory explanation about the unfair tribunal.<\/p>\n
Do you think it is possible to establish another tribunal on
\nhuman rights abuses in East Timor?<\/p>\n
Of course, it is impossible to bring suspects again to court
\nfor the same cases, but the human rights abuse cases could be
\nreopened to identify other violations, which have not been tried
\nyet. There have been many allegations of rape, slavery and
\nabduction also, none of which have been investigated. Besides,
\ntop military and police officials with the responsibility for
\nsecurity and defense in East Timor have not gone to trial.<\/p>\n
Do you see any other things the COE should pursue?<\/p>\n
The UN experts are also expected to give input and
\nrecommendations for the Commission of Truth and Friendship (CTF),
\nin accomplishing its tasks in accordance with the accountability
\nprinciple.<\/p>\n
They are expected to convince the joint commission on the
\nimportance of promoting reconciliation between the two countries
\nwithout forgetting the human rights abuses and justice.<\/p>\n
Are you skeptical about the CTF's commitment to helping settle
\nhuman rights issues in East Timor?<\/p>\n
After learning its terms of reference, we have become
\nskeptical of CTF's commitment to bringing justice with regard to
\nhuman rights abuses. Article 13 of the terms of reference
\nstipulates that based on the spirit of a forward-looking and
\nreconciliatory approach, the CTF process will not lead to
\nprosecution and will emphasize institutional responsibilities.
\nThis means that the CTF will be a chamber of impunity.<\/p>\n
The two countries' governments have focused more on
\nstrengthening bilateral ties than on prosecuting human rights
\nperpetrators, but many people in East Timor, including the
\nrelatives of human rights abuse victims, are still awaiting a
\nfair trial of the human right abuses.<\/p>\n
The ad hoc tribunal's failure to imprison notorious military
\nand police top brass has indirectly contributed to the stagnant
\ninternal reform in those two institutions.<\/p>\n
What is the best that the COE can expect from this mission?<\/p>\n
The COE could recommend the establishment of a hybrid tribunal
\neither in Jakarta or Dili, in addition to supporting the ongoing
\nappeal by prosecutors to the Supreme Court for three military and
\npolice officers, who were acquitted by the tribunal.<\/p>\n
Besides, the COE could also recommend the extension and the
\nempowerment of the special panels for serious crimes in Dili so
\nthat they could interrogate former Indonesian officials involved
\nin human rights abuses.<\/p>",
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"sponsor": "Okusi Associates",
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