Law expert clarifies<\/p>\n
I would like to correct the misquotation of my comments that
\nappeared in the article entitled Indictments weak: Experts in The
\nJakarta Post on Aug. 23.<\/p>\n
First I want to clarify that the comments I made were in my
\ncapacity as professor in international law, not as dean of the
\nSchool of Law at the University of Indonesia. I understand that
\nin the Indonesian context, one's position in bureaucracy is more
\nimportant than one's status as a professor. However, it is
\nmisleading to say comments on substantive issue are made by a
\ndean of a law school that does not have any relevance.<\/p>\n
Secondly, I have never made the comment: \"We can't deny the
\nfact that the court is being used to serve the interest of the
\nmilitary. This will more or less discourage people to bring their
\ncases to the court.\"<\/p>\n
I acknowledged that at one point in the interview your
\nreporter asked me whether there was a \"political element\" in the
\ncases. I said that I didn't think there was a political element
\ninfluencing the Human Rights court. In my view the court has
\nacted professionally. I even said the trials were not a sham and
\nif there were doubts people needed to see how the cases were
\nconducted and read the prosecutors' arguments and the judges'
\ndecisions.<\/p>\n
The only concern I have is if there is any \"political element\"
\nin the attendance of the trials, which are mostly attended by
\nmilitary subordinates in military uniform, as it may influence
\nthe judges conducting the trials. On that note I also stated I
\nhad the impression Western countries used the case as a political
\ninstrument to intervene in internal affairs of developing
\ncountries, including Indonesia.<\/p>\n
Third, on the wider issue raised in the article of weak
\nindictments, I said to your reporter these weak indictments were
\nnot purposely made by the prosecutors. Rather, it was due to the
\nmisinterpretation or misperceptions about the concept of Command
\nResponsibility by the prosecutors. The prosecutors and many law
\nenforcement agencies had understood the concept as not in
\naccordance with international criminal law, but as the
\nresponsibility borne by superiors.<\/p>\n
Thus, the prosecutors tried to convict the wrong people as
\nsuperiors and it would be natural for a court to acquit those
\npersons. It is for this reason I regret the misquotation of the
\nPost when it said: \"Hikmahanto...blamed the prosecutors'
\nunwillingness to press appropriate indictments as the main reason
\nwhy high-ranking military officers walked free\".<\/p>\n
As professor of law I try to give an explanation that will
\nenlighten the public, not to side with certain parties. It should
\nbe acknowledged that I am neither a government official nor a
\nhuman rights activist.<\/p>\n
HIKMAHANTO JUWANA
\nProfessor of Law
\nUniversity of Indonesia
\nJakarta<\/p>",
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