Indonesia says no extradition as E. Timor indicts 17 men<\/p>\n
Yogita Tahilramani, The Jakarta Post, Jakarta<\/p>\n
Indonesian officials said they would not hand over 17 men
\nindicted by prosecutors in East Timor on Monday for alleged
\ncrimes against humanity, saying that Jakarta has no extradition
\nagreement with the territory.<\/p>\n
While an official request for extradition has yet to be
\nforwarded, officials in Jakarta quickly asserted that Indonesians
\ncharged with crimes in the former province should be tried under
\nIndonesian law.<\/p>\n
"We currently do not have a written understanding that
\nspecifically states that Indonesia will allow the extradition of
\nthe suspects (to East Timor) ... There isn't anything as such
\nnow," foreign ministry spokesman Wahid Supriyadi told The Jakarta
\nPost.<\/p>\n
The latest development comes after prosecutors for the United
\nNations Transitional Administration in East Timor (UNTAET)
\nindicted the 17 for alleged crimes committed during East Timor's
\nviolent split from Indonesia in 1999.<\/p>\n
A statement from UNTAET said charges included "murder,
\npersecution and other inhumane acts," which were the results of
\nan investigation into a 1999 rally in Dili, that climaxed in a
\nwave of militia violence against East Timorese civilians
\nperceived as independence supporters.<\/p>\n
While the complete list of the 17 names could not be
\nimmediately obtained, UNTAET confirmed that prominent pro-Jakarta
\nmilitia commander Eurico Guterres was included.<\/p>\n
Guterres is charged with five counts of crimes against
\nhumanity, two for murder, one for persecution and two for
\ninhumane acts, for the acts of his subordinates and his direct
\nparticipation in the violence.<\/p>\n
Four Besi Merah Putih (BMP) militia leaders are similarly
\ncharged, while 12 BMP and Indonesian Military members are charged
\nfor participating in the violence.<\/p>\n
The Indonesian government here has moved at a snail's pace in
\nsetting up an Ad Hoc Human Rights Court on human rights violation
\ncases before and after the East Timor vote in 1999.<\/p>\n
Siri Frigaard, the UN deputy prosecutor general in East Timor,
\nsaid on Monday that international arrest warrants would be sought
\nfrom Interpol for the 17 accused.<\/p>\n
Asked on the possibility of getting the suspects, Frigaard
\nreplied: "We don't have a guarantee, but it would be difficult
\nfor a country to refuse an extradition."<\/p>\n
"We might succeed, we might not succeed, but at least we have
\nto try," he added.<\/p>\n
UNTAET officials said the Indonesian Attorney General's Office
\nhas been made aware of the indictments and impending warrants.<\/p>\n
While it is true that no extradition treaty exists, Indonesia
\ndoes have a memorandum with UNTAET regarding cooperation on
\nlegal, judicial and human rights related matters.<\/p>\n
Signed in April 2000 it states that both parties shall "afford
\nto each other the widest possible measure of mutual assistance in
\ninvestigations or court proceedings."<\/p>\n
However the memorandum falls short on provisions for
\nextradition.<\/p>\n
On Monday former minister of defense Juwono Sudarsono said
\nthat Indonesia was handling the matter "within the terms of our
\nown domestic law".<\/p>\n
"This includes a human rights tribunal which is still hotly
\ndebated about amongst our political society.<\/p>\n
"Our position remains firm, that is to commit to (Indonesia's)
\nown terms ... for the meanwhile, we will not consider extraditing
\nthe suspects," Juwono said.<\/p>\n
Political and military observers have also noted the links
\nbetween those allegedly involved in rights crimes in East Timor
\nand ranking Indonesians.<\/p>\n
Many militiamen have worked closely with elements of the
\nmilitary, and Guterres himself, for example, currently leads a
\nyouth wing of President Megawati Soekarnoputri's Indonesian
\nDemocratic Party of Struggle.<\/p>",
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