Judges key to probe into Trisakti, Semanggi cases<\/p>\n
Tiarma Siboro, The Jakarta Post, Jakarta<\/p>\n
The much-awaited questioning of military and police officers in
\nconnection with the past incidents in Trisakti University and
\nSemanggi will be up to judges, a lawyer from the commission of
\ninquiry investigating the cases says.<\/p>\n
Noted lawyer Todung Mulya Lubis said on Thursday the judges
\nshould allow the inquiry, which was set up by the National
\nCommission on Human Rights (Komnas HAM), to subpoena the
\nofficers, who had defied the summons recently.<\/p>\n
\"Only the lack of a reform spirit will prevent the judges from
\nsupporting the Inquiry's summons, considering that the Law No.
\n39\/1999 on human rights authorizes the National Commission on
\nHuman Rights to investigate any case of rights abuse,\" Todung
\ntold The Jakarta Post.<\/p>\n
\"Such a right cannot be canceled out, even by a political
\ndecision made by the House of Representatives and the
\ngovernment.\"<\/p>\n
His statement came after the Supreme Court refused to give a
\nlegal opinion over the dispute, saying it was not supposed to
\ninterfere. Chief Justice Bagir Manan told members of the
\nCommission of Inquiry into Human Rights Violations investigating
\nthe incidents to bring the dispute to the Central Jakarta
\nDistrict Court.<\/p>\n
Bagir also received on Wednesday the Indonesian Military (TNI)
\nrepresentatives, who insisted on defying the Inquiry's summons
\nbecause the House had ruled that the Trisakti incident in May
\n1998 and Semanggi bloodshed in September 1999 and November 1999
\nwere not human rights violations.<\/p>\n
According to Bagir, the Inquiry should send a letter to the
\nchief of the Central Jakarta District Court informing it of the
\nplan to exercise the subpoena rights and to ask for assistance
\nfrom the police in executing each subpoena.<\/p>\n
\"But it must be understood that the subpoena rights are
\nmandated to Komnas HAM, therefore such a letter must be sent by
\nKomnas HAM itself, or by the Inquiry team after being delegated
\nby the Commission,\" Bagir reminded.<\/p>\n
Article 95 of Law No. 39\/1999 stipulates that the National
\nCommission on Human Rights is able to exercise its subpoena
\nrights to force witnesses to appear for questioning.<\/p>\n
Todung further criticized the Supreme Court's reluctance to
\nsolve the dispute.<\/p>\n
\"In certain cases, the judges are supposed to make laws
\ninstead of just complying with the law,\" he said.<\/p>\n
The Inquiry team was established last year by Komnas HAM after
\nwinning support from former president Abdurrahman \"Gus Dur\" Wahid
\nto probe alleged crimes against humanity committed during the
\nTrisakti and Semanggi killings. The decision came just after the
\nHouse special committee said it did not find evidence of crimes
\nagainst humanity in the incidents that left dozens of people
\nkilled.<\/p>\n
According to the law, the House has the authority to decide
\nwhether a case should be brought to a rights tribunal.<\/p>\n
The Inquiry had once asked for the cooperation of the TNI
\nheadquarters to allow its high ranking officers and senior
\nofficers, believed to have been involved in the killings, to be
\nquestioned as witnesses.<\/p>\n
The TNI, however, refused to fulfill the summons, saying that
\nthe House had recommended to the government that the case was
\nsupposed to proceed at the military tribunal instead of the
\nrights tribunal.<\/p>\n
The Inquiry team began summoning military and police generals
\nfor questioning last week, but so far none of them has turned up.
\nOnly a middle-ranking policeman appeared on Tuesday.<\/p>\n
The team has rearranged the questioning and sent the new
\nsummons to the officers.<\/p>\n
New schedule for questioning of military\/police officers<\/p>\n
Thursday, Feb.7: Former National Police chiefs Gen. Dibyo
\nWidodo and Gen. Rusmanhadi, former Jakarta Police chief Comr.
\nGen. Noegroho Djajoesman.<\/p>\n
Friday, Feb.8: Former Armed Forces chief Gen. (ret) Wiranto,
\nformer Jakarta Police chief Insp. Gen. Hamami Nata, former West
\nJakarta Military District commander Lt. Col. Amril Amien.<\/p>\n
Monday, Feb.11: Former East Jakarta Police chief Adj. Sr.
\nComr. Timur Pradopo, police officers at the Jakarta Police
\nheadquarter Comr. Arthur Damanik and Adj. Comr. Aqil.<\/p>\n
Tuesday, Feb.12: Former military taskforce chief Col. Priyanto,
\nformer Jakarta Military Police chief Col. Hendardji, the Jakarta
\nMilitary Command spokesman Lt. Col. DJ Nachrowi.<\/p>\n
Wednesday, Feb.13: Former Jakarta Military Commander Maj. Gen.
\nSjafrie Sjamsoeddin, former South Jakarta Police Adj. Sr. Comr.
\nHari Priyanto, former Jakarta Military Command staff Col. George
\nToisutta.<\/p>\n
Thursday, Feb.14: Former Army Strategic Reserves Command
\n(Kostrad) chief Lt. Gen. Djadja Suparman, former Central Jakarta
\nPolice chief Adj. Sr. Comr. Iman Haryatna, the National Police HQ
\nofficers Adj. Sr. Comr. Tjiptono and Adj. Sr. Comr. Soelistyono.<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/judges-key-to-probe-into-trisakti-semanggi-cases-1447893297",
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