JP\/7\/NUG<\/p>\n
Dili indictment based on history of command responsibility<\/p>\n
Nug Katjasungkana
\nContributor
\nDili<\/p>\n
On Tuesday, the Dili-based Office of the Prosecutor General of
\nTimor Leste issued an indictment of former military commander
\nGen. (ret) Wiranto and six other officers who served in East
\nTimor, as well as former governor Abilio Jose Osorio Soares, of
\ncrimes against humanity. The following are excerpts of an
\ninterview with the Prosecutor of the Serious Crimes Unit, Stuart
\nAlford.<\/p>\n
Question: What evidence do you have of the link between the
\nIndonesian Military (TNI) and the militia in East Timor in 1999?
\nAnswer: Militias were part of TNI's ability to commit violent
\nacts. The evidence we have collected shows quite clearly that TNI
\nwas in control, in effective control, over the militia groups.
\nThat evidence comes from witness statements -- 1,500 witness
\nstatements -- which support the conclusions we've reached.<\/p>\n
We believe evidence from witnesses who were here -- some from
\npeople here, the militia, TNI personnel, civilian authorities --
\nleads to the conclusions in the indictment. Nothing in the
\nindictment is speculative ... We based the charges on the
\nevidence we have collected and can prove them in court against
\nthe men charged.<\/p>\n
We have identified seven of the eight men -- except Wiranto --
\nas playing a part in forming and establishing the militia by the
\nissuing of instructions -- particularly to subordinate TNI
\nofficers -- giving money for weapons, or by their verbal support
\nand cooperation which, given the intent of the militia groups,
\nclearly demonstrate that the support of the TNI hierarchy was
\nimportant -- they knew the militia could commit these crimes
\nwithout being punished. The evidence is clear they were not
\npunished.<\/p>\n
How does Wiranto's responsibility differ from the others'?<\/p>\n
Wiranto is the only man in this indictment against whom we
\ndon't have evidence of personal participation, by which I mean we
\ndon't have evidence of the things he said or orders he gave,
\nwhich directly led to the establishment of militias.<\/p>\n
But throughout the whole period, he had command authority over
\nall of the men charged, apart from Soares, and all TNI personnel
\nwho were here in 1999. During that period, it is clear that not
\nonly men in command, but all ranks and levels of TNI soldiers,
\nwere involved in crimes. Some of these are the men at the end of
\nthe chain of command using knives and weapons to kill people, but
\nnonetheless these were men under Wiranto's command.<\/p>\n
It goes further: Wiranto had command responsibility, but
\nbecause of the relationship between TNI and the militia groups,
\nhe ultimately had control over militia groups as well, because
\nthe militia groups were controlled by TNI subordinates.<\/p>\n
Wiranto was repeatedly told by the press, members of the
\ninternational community, and East Timorese leaders that TNI
\nsoldiers and militia groups were committing crimes throughout
\nEast Timor.<\/p>\n
We use the long and growing history of command responsibility
\n-- arguments developed at trials in the Hague, in Rwanda, after
\nWorld War II in Japan and the Nuremberg trials in Germany. This
\nis one in a long line of cases, the most recent of which is the
\n(Slobodan) Milosevic trial in the Hague (on war crimes in
\nBosnia).<\/p>\n
Cooperation from Indonesia would be needed to take these
\npeople to court. What if Indonesia does not want to deliver them
\nto Timor Leste?<\/p>\n
We believe that the process in East Timor against these eight
\nmen is getting as far as we can take it. We have investigated,
\nanalyzed the evidence, filed the indictment with the Dili
\nDistrict Court and arrest warrants are in process and will be
\nissued soon. Once obtained, they will be sent to the Attorney
\nGeneral in Indonesia, and also lodged and filed with Interpol,
\nwhich means that any other Interpol country has the obligation to
\nenforce the arrest warrants.<\/p>\n
We believe it will require something outside of East Timor to
\nbring these men to court in East Timor -- Interpol or
\ninternational or diplomatic pressure, or pressure from
\norganizations and individual countries to see that something is
\ndone.<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/jp7nug-1447899208",
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