Only justice can build Dili-Jakarta relationship<\/p>\n
Aderito de Jesus Soares, Center for Constitutional Rights
\n(CCR), New York City<\/p>\n
Jakarta's \"theater of justice on East Timor\" is nearing its
\nend, when the ad hoc human rights tribunal on Tuesday sentenced
\nMaj.Gen. Adam Damiri to three years in jail for his involvement
\nin the 1999 devastation in East Timor, while letting him free
\npending his appeal. The court has so far acquitted 12 of the 18
\nbrought to trial.<\/p>\n
The Jakarta court is clearly a sham, despite its verdict on
\nMaj.Gen. Adam, and the trials have been flawed, unfair and
\nunprofessional. From the outset, it was inconceivable that an
\nindependent court could be run by the same people who have long
\nbeen involved in such a corrupt justice system.<\/p>\n
The situation is worsened by the powerlessness of the Special
\nPanel Court established by the UN in East Timor, to bring the
\n\"big fish\" in Jakarta to trial.<\/p>\n
There is no other alternative to uphold justice but to
\nestablish an international tribunal to process the atrocities
\nthat took place in East Timor. This is to serve the interests of
\nboth East Timor and Indonesia.<\/p>\n
For East Timorese victims, the enforcement of justice will
\nhelp them build a new future with their new state and will also
\nrespect their dignity as a nation.<\/p>\n
As for Indonesia, holding accountable those who committed
\nheinous crimes will deter others and will help prevent similar
\natrocities in Aceh, West Papua and elsewhere in the archipelago.
\nA tribunal could also act as a starting point to reform the whole
\njudiciary in Indonesia, as well as being a real effort to move
\ntowards real democracy.<\/p>\n
The Indonesian judicial system has failed. It has lost
\ncredibility in the eyes of the Indonesians and the international
\ncommunity. Post-Soeharto political reform in Indonesia will never
\nbe accomplished until its military is held accountable for past
\nhuman rights abuses. East Timorese victims should not have to
\nwait while Indonesia's judicial system is reformed and rebuilt.<\/p>\n
Since the August 1999 referendum, East Timorese leaders have
\nworked hard to strengthen ties with Indonesia at the cost of
\njustice. Visits to Jakarta by East Timorese foreign minister Jose
\nRamos-Horta, Prime Minister Mari Alkatari and President Xanana
\nGusmao demonstrate this commitment.<\/p>\n
Two years ago, Xanana gave a \"warm hug\" to the notorious Army
\nSpecial Forces commander Lt. Gen. (ret) Prabowo Subianto, son-in-
\nlaw of former president Soeharto. Human rights advocates were
\ndeeply disappointed by Xanana's warmness toward the general, who
\nhas been accused of serious human rights violations in both
\nIndonesia and East Timor. They were surprised by how easily East
\nTimorese leaders put aside the past.<\/p>\n
The East Timorese government has acted pragmatically in
\nestablishing its relationship with the Indonesian government for
\nseveral reasons. This is especially true when it comes to dealing
\nwith the brutal abuses committed by the Indonesian Military in
\nEast Timor.<\/p>\n
First, the tiny and poor country still faces the possibility
\nof retaliation by Jakarta.<\/p>\n
Second, subversive activities by rogue military elements and
\nmilitias remain a strong possibility, as shown by attacks
\nallegedly carried out by military elements and former militias in
\nJanuary and last December.<\/p>\n
Finally, Dili has strong economic interests, especially
\nregarding trade with Indonesia. Costs are substantially lower
\nwhen East Timor buys goods from Indonesia rather than Australia.<\/p>\n
East Timor's president and foreign minister have consistently
\nadvocated this pragmatic position, especially when it comes to
\nprosecuting Indonesian officials who orchestrated gross human
\nrights violations in East Timor.<\/p>\n
Prime Minister Mari Alkatiri's stance was different in the
\nbeginning. He has openly described the ad hoc human rights court
\nin Jakarta as seriously flawed and called for an international ad
\nhoc tribunal. Unfortunately, on his recent visit to Jakarta, the
\nPrime Minister softened his position by declaring that his
\ngovernment would not push for an international tribunal.<\/p>\n
All three leaders now share the same view that the
\ninternational community bears the chief responsibility to
\nadvocate and establish an international tribunal. While
\nrecognizing that serious abuses have taken place, they want to
\navoid offending Jakarta, and so refuse to publicly call for the
\nmost likely methods of holding top officials accountable.<\/p>\n
Examples of gross human rights violations that fall under the
\ncategories of crimes against humanity and war crimes during
\nIndonesia's occupation are legion. Indeed, the UN Independent
\nCommission of Inquiry specifically called for an international
\ntribunal to try those who committed such crimes in East Timor
\nduring the post-referendum massacre. However, the UN put the
\nrecommendation on hold when it gave the Indonesian government a
\nchance to try the alleged perpetrators through its own judicial
\nsystem.<\/p>\n
It is nearly impossible even to try and imagine that those who
\nwere responsible for the massacre will be punished for their
\ncrimes against humanity, if we only depend on Indonesia's
\ngenerosity. Therefore, an international court should be
\nestablished to process these crimes against humanity.<\/p>\n
The writer is a human rights lawyer from East Timor, who
\nobtained a Masters in Law from New York University Law School.<\/p>",
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