KPP HAM to subpoena defiant generals<\/p>\n
The Jakarta Post, Jakarta<\/p>\n
The Supreme Court refused on Wednesday to give any legal opinion
\nto the Commission of Inquiry into Human Rights Violations (KPP
\nHAM) probing the Trisakti and Semanggi incidents on whether or
\nnot the latter could exercise its right to subpoena military and
\npolice generals implicated in the killings.<\/p>\n
KPP HAM Chairman Albert Hasibuan told the press after a
\nmeeting with Chief Justice Bagir Manan here on Wednesday that the
\nSupreme Court told the team to send a letter to the President of
\nthe Central Jakarta District Court instead informing the court
\nthat it was planning to exercise its subpoena rights and to ask
\nthe assistance of the police authorities in executing the
\nsubpoenas.<\/p>\n
\"The Supreme Court argued that the investigation into the
\nTrisakti and Semanggi killings would eventually be brought to
\ncourt, so no one could interfere with the questioning, not even
\nthe Supreme Court,\" Albert said.<\/p>\n
Bagir refused to make any statement to the press.<\/p>\n
Also present at the meeting were noted lawyer Todung Mulya
\nLubis and commission members Munarman and Usman Hamid.<\/p>\n
Last week, the inquiry team started summoning military and
\npolice generals believed to have been involved in the killings,
\nbut none showed up for the questioning, except a middle-ranking
\npolice officer Adj. Comr. Zulkarnain, who is the former deputy
\nchief of the South Jakarta Police.<\/p>\n
Albert said former National Police chief Gen. Rusmanhadi would
\nanswer the summons on Monday.<\/p>\n
Other high-ranking military officers have refused to be
\nquestioned, arguing that \"the House of Representatives has
\ncarried out its investigation and concluded that the incidents --
\nwhich killed dozens of people, including many students -- are not
\nto be categorized as gross human rights violations.\"<\/p>\n
Their stance was also supported by the Indonesian Military
\n(TNI) headquarters, which has sent an official letter to the
\ninquiry team informing it that they could not answer the
\nsummonses as \"the cases properly fall within the jurisdiction of
\nthe military courts.\"<\/p>\n
Based on Article 95 of Law No. 39\/1999 on human rights, Komnas
\nHAM is empowered to subpoena witnesses for questioning.<\/p>\n
Albert said this right would be exercised by the inquiry team.<\/p>\n
Those to be subpoenaed are, among others, former armed forces
\nchief Gen. (ret) Wiranto, former Jakarta military commander Maj.
\nGen. Sjafrie Sjamsoeddin, former chief of the Army's Strategic
\nReserves Command (Kostrad) Lt. Gen. Djadja Suparman, and former
\nJakarta Police chief Insp. Gen. Nugroho Djajusman.<\/p>\n
The inquiry team was established by the National Commission on
\nHuman Rights to probe alleged crimes against humanity committed
\nduring the Trisakti and Semanggi killings.<\/p>\n
Doing an abrupt about face, the National Police said on
\nWednesday that its officers had their own reasons for not
\nattending Monday's human rights hearing, held by the Commission
\nof Inquiry into Human Rights Violations (KPP HAM).<\/p>\n
The commission is probing the Trisakti and Semanggi incidents
\nin 1998 and 1999, when dozens were killed following clashes
\nbetween student protesters and the security forces.<\/p>\n
Representing the National Police, lawyer Tommy Sihotang told
\nreporters that police officers failed to show up because the
\nTrisakti and Semanggi incidents occurred before the 2000 law on
\nhuman rights tribunals was passed.<\/p>\n
\"It's understood that human rights abuses which occurred
\nbefore the enactment of Law No. 26\/2000, should be adjudicated by
\na human rights court endorsed by a presidential decree, and based
\nupon the recommendations of the House of Representatives,\" Tommy
\nsaid at National Police Headquarters.<\/p>\n
He also claimed that police officers had not bothered showing
\nup as the House itself had clearly stated that the Trisakti
\nincident was not a \"serious or gross case of human rights abuse\".
\nDespite this, KPP HAM had still summoned the police officers for
\nquestioning.<\/p>\n
Tommy's statements came after Adj. Comr. Zulkarnain, the
\ndeputy chief of the South Jakarta Police when the Trisakti
\nkillings occurred in 1998 complied with the inquiry's summons for
\nquestioning on Monday.<\/p>\n
National Police spokesman Brig. Gen. Edward Aritonang said on
\nWednesday that Zulkarnain had not been questioned at the hearing.<\/p>\n
\"Zulkarnain only gave clarifications ... nothing else. He has
\nnot signed a single document connected with any questioning
\nconducted by KPP HAM,\" Edward said.<\/p>\n
In a related development, lawyers representing nine police
\nofficers convicted of shooting the students during the Trisakti
\nincident appealed to a higher court on Wednesday.<\/p>\n
They said the panel of judges sitting in the Jakarta Military
\nCourt had issued faulty verdicts on the low-ranking Mobile
\nBrigade (Brimob) officers. The officers were sentenced to between
\nthree years and six years in jail on Jan. 30.<\/p>\n
\"That particular panel of judges needs to be examined by a
\nlegal forum for passing sentences without the existence of
\nadequate evidence or testimony,\" lawyer Hotma Sitompul told
\nreporters on Tuesday.<\/p>\n
\"During the hearing, the weapons allegedly used to shoot the
\nstudents, which had been seized by the Military Police, were
\nnever presented. Only a single bullet was presented. Besides, not
\na single one of the military officers involved were ever put on
\ntrial.\"<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/kpp-ham-to-subpoena-defiant-generals-1447893297",
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"sponsor": "Okusi Associates",
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