Indonesia told to study Pinochet case<\/p>\n
JAKARTA (JP): In breaking the impasse over Soeharto's trial,
\nIndonesia could take some lessons from the way the British
\ngovernment resolved the case of former Chilean dictator Augusto
\nPinochet earlier this year, a United Nations official says.<\/p>\n
Pinochet, detained in London on the back of an extradition
\nwarrant from Spain, was freed in March after an independent
\nmedical team determined that the 84-year old was \"not mentally
\ncapable of meaningful participation in a trial.\"<\/p>\n
Param Cumaraswamy, UN special rapporteur on the independence
\nof judges and lawyers, said in a statement on Monday that the
\napproach and methodology adopted and applied in Britain in the
\nPinochet case, \"may be a useful and helpful precedent to follow\"
\nfor the Indonesian court in resolving whether or not Soeharto is
\nphysically and\/or mentally unfit to stand trial.<\/p>\n
Param said he attended the preliminary hearing of the Soeharto
\ncase at the South Jakarta District Court on Thursday and has also
\nmet with government and court officials to discuss the trial of
\nIndonesia's former strongman.<\/p>\n
Soeharto, 79, did not turn up for court with his lawyers
\nsaying that he was too ill to attend. They presented medical
\nrecords to the court purporting to back up his claims of frail
\nhealth, including the possibility of a fourth stroke, a brain
\ndamage, and his inability to comprehend complex situations and
\nanswer long questions.<\/p>\n
The trial was adjourned with the court ordering the lawyers to
\npresent the doctors at the next session on Sept. 14. A request by
\nthe state prosecutors for an independent medical team to check
\nSoeharto's health was not granted, but would be considered.<\/p>\n
Param said the British government dismissed the medical
\nrecords presented by the Chilean government in support of the
\nsenator-for-life's claim of ill health, and instead sought the
\nopinion of an independent medical team.<\/p>\n
\"The panel of doctors were instructed, in particular, to
\nadvise the Secretary of State as to `whether in their view, there
\nwere any aspects of Senator Pinochet's state of health, which,
\nseparately or together, suggested that he was not then fit, or
\nmay likely become unfit to stand trial in Spain,'\" Param said.<\/p>\n
The doctors were also asked to advise as to whether Pinochet
\ncould be feigning any of his symptoms.<\/p>\n
\"The conclusion of the medical team in its report indicated
\nthat Senator Pinochet would not be mentally capable of meaningful
\nparticipation in a trial,\" Param said, adding that final
\nresponsibility for the decision to drop the charges lay with the
\nSecretary of State and not the doctors.<\/p>\n
Pinochet's case was resolved after 17 months of legal and
\ndiplomatic battles. The decision disappointed Spain and other
\nEuropean countries in which victims of his alleged atrocities had
\nsought to bring the former dictator to trial.<\/p>\n
Soeharto is being tried on corruption charges involving nearly
\nUS$600 million in his capacity as the chairman of seven
\ncharitable foundations.<\/p>\n
Meanwhile the Attorney General's Office on Monday said that
\nSoeharto must undergo another health examination to end
\nspeculation over the latter's ability to attend the proceedings.<\/p>\n
Spokesman Yushar Yahya said there should be another health
\nexamination \"to really know how bad his illness is\".<\/p>\n
Yushar said that using an ailing condition as an excuse for a
\ndefendant to not attend a trial is only valid once.<\/p>\n
\"It's better for Pak Harto to appear before the court if the
\nresult of a medical test on his physical condition permits him to
\ncome,\" he added.<\/p>\n
\"Whether he is capable or not in answering or comprehending
\nthings, is up to the judges to decide,\" Yushar said without
\nelaborating when the examination would take place. (bby\/emb)<\/p>",
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