President condemns rights abuse<\/p>\n
JAKARTA (JP): President Abdurrahman Wahid said on Wednesday
\nthat state institutions and regulations were susceptible to abuse
\nby state apparatus in the violation of human rights.<\/p>\n
Addressing the opening of an international workshop on crimes
\nagainst humanity at the State Palace, the President called on all
\ninstitutions, including the Indonesian Military (TNI) and
\nNational Police, to undertake internal restructuring to ensure
\nthe protection of human rights.<\/p>\n
At least 150 delegates representing government and academic
\ninstitutions, as well as non-governmental organizations, attended
\nthe workshop supported by the Dutch, British, Canadian, Norwegian
\nand Swedish governments.<\/p>\n
Abdurrahman said certain regulations had been enforced to the
\ndetriment of humanity. He appealed for sweeping changes to the
\nregulations in a bid to protect the rights of citizens.<\/p>\n
The President, however, warned people against expecting too
\nmuch from the existing institutions, \"because it is often the
\ncase that such agencies are exploited by certain officials to
\njustify violations\".<\/p>\n
Citing an example, he labeled the TNI and National Police as
\ninstitutions prone to abuse, which would infringe the basic
\nrights of citizens, particularly in the past.<\/p>\n
The President attributed the obstacles in human rights
\nawareness to decades of oppressive policies, the lack of
\npersonnel to introduce necessary changes and occasional attempts
\nby certain parties to obstruct reform.<\/p>\n
\"All the constraints must be taken into account in expediting
\nthe improvement of our legal system, particularly regarding the
\nenforcement of HAM (basic human rights),\" he said.<\/p>\n
The plight to encourage legal reform should also be shared by
\nleaders of the TNI and National Police, and not just the minister
\nof justice, the President concluded.<\/p>\n
The two-day international workshop is discussing many human
\nrights issues, including the principle of retroactivity.<\/p>\n
Retroactive<\/p>\n
Human rights activists have argued that non-retroactive
\nprinciples in the prosecution of human rights perpetrators is not
\nabsolute and that newly-endorsed laws can be used to prosecute
\npast offenders.<\/p>\n
In a session held at the Attorney General's Office, lawyer
\nAbdul Hakim Garuda Nusantara asserted that non-retroactivity
\ncould be ignored in the case of gross human rights violations.<\/p>\n
\"The non-retroactive principle has been formulated as a human
\nright, where no one can be prosecuted under a law which was not
\nendorsed when the alleged crime was committed. But this principle
\ncannot be used as a defense to escape prosecution.<\/p>\n
\"What if the crime was the violation of human rights? Such a
\ncrime, although it had not been considered in the nation's
\ncriminal law, has violated the state's morality and basic
\nphilosophy. So there should be legal action against the
\nperpetrators,\" he said.<\/p>\n
The non-retroactive principle is stated in Article 15 of the
\nInternational Covenant on Civil and Political Rights, which reads
\nthat no one shall be held guilty of any criminal offense on
\naccount of any act or omission which did not constitute a
\ncriminal offense, under national or international law, at the
\ntime when it was committed.<\/p>\n
Indonesia has adopted the principle in its Amendment of the
\n1945 Constitution, located in Article 28 (i).<\/p>\n
However, to the contrary, the House of Representatives
\nendorsed Law No. 26 on the Human Rights Tribunal in 2000, which
\ncontains a retroactive principle.<\/p>\n
Supreme Court Chief Justice Bagir Manan, who is also a speaker
\nat the workshop, said that Law No. 26 is still effective, since
\njudges do not have the authority to question the existence of the
\nlaw.<\/p>\n
\"Legally, the retroactive principle can still be applied to
\ngross human rights violations, such as genocide and crime against
\nhumanity,\" he said on the sidelines of the workshop. (bby)<\/p>",
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"sponsor": "Okusi Associates",
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