RI opens historic: East Timor tribunal<\/p>\n
The Jakarta Post, Jakarta<\/p>\n
Two and a half years after violence swept East Timor,
\nIndonesia will convene on Thursday its first ever human rights
\ntrial as it attempts to bring those allegedly responsible to
\njustice.<\/p>\n
Barring unforeseen delays, the ad hoc tribunal will begin to
\nhear the case against former East Timor police chief Maj. Gen.
\nTimbul Silaen and former governor Abilio Soares who are both
\ncharged with omission.<\/p>\n
On Tuesday, the court will also hear the case against four
\nmiddle-ranking officers and one civilian who are charged with an
\nattack on a church in Suai.<\/p>\n
Sentences could range from 10 years to a maximum of death.<\/p>\n
The seven are among 18 suspects charged with a total of 12
\ncases of rights abuses in the former province, before and after
\nthe UN ballot in August 1999.<\/p>\n
The trial is of enormous significance.<\/p>\n
The East Timor trial serves as a gauge for the fate of other
\nrights cases, particularly the 1984 Tanjung Priok shootings.<\/p>\n
It is also the first case to come under the breakthrough law
\non Human Rights Tribunal in 2000.<\/p>\n
The newly built courthouse in Central Jakarta will be under
\nthe full glare of the international spotlight.<\/p>\n
Indonesia, under the threat of an international tribunal,
\ninsists that it will deal with rights offenders under its own
\nlaws. This trial is a chance for Indonesia to prove itself.<\/p>\n
The United States, Indonesia's most prominent arms supplier,
\nhas broken off ties until justice in East Timor is served.<\/p>\n
While the start of the trials is some encouragement, human
\nrights activists remain wary.<\/p>\n
They fear, for example, that the charge of genocide will be
\ndismissed as the term entails the annihilation of the population.<\/p>\n
But charges against the suspects involve the deaths of dozens
\nin separate incidents, and thus may not be perceived as genocide.<\/p>\n
Another concern is that Human Rights Tribunal Law No. 26\/2000
\ndefines \"omission\" as a direct premeditated attack. It differs
\nfrom the Rome Statutes, which does not specify a direct attack.<\/p>\n
The law also neglects the \"forced displacement of people\",
\nwhich in the case of East Timor caused over 100,000 to flee
\nacross the border.<\/p>\n
While there remains skepticism, President Megawati
\nSoekarnoputri gave on Wednesday a big boost to the trial when she
\nsigned two crucial regulations on the protection of witnesses and
\nvictims of rights abuses; and compensation for rights victims.<\/p>\n
While the absence of regulations will not immediately
\njeopardize the trials, its existence will help smooth over
\npotential snags.<\/p>\n
Minister of Justice and Human Right Yusril Ihza Mahendra said
\non Wednesday played down the last minute signing.<\/p>\n
\"Witnesses won't testify until after several hearings, which
\nwon't be for several weeks,\" he remarked.<\/p>\n
Separately, Maj. Gen. Timor P. Manurung, head of the
\nIndonesian Military's legal department, said TNI headquarters
\nfully supported the legal plight of its officers in the trial.<\/p>\n
Timor insisted that the officers \"were only doing their duty\".<\/p>\n
On Wednesday afternoon, several judges also met to discuss
\npreparations.<\/p>\n
\"I'm ready, I have studied the indictment,\" remarked Judge
\nHeru Susanto, who will sit on the panel of judges on Thursday.<\/p>\n
Regulation No. 2\/2002 on Protection for Witnesses and Victims of
\nHuman Rights Abuses<\/p>\n
Protection of witnesses and victims include:<\/p>\n
* Safeguarding personal safety<\/p>\n
* Concealing identities<\/p>\n
* Court testimony without being seen by the accused<\/p>\n
Request for protection is made to:<\/p>\n
* The National Human Rights Commission<\/p>\n
* The Attorney General's Office<\/p>\n
* The courts<\/p>\n
* Security forces<\/p>\n
---<\/p>\n
Regulation No. 3\/2002 on Compensation, Restitution and
\nRehabilitation of Victims of Human Rights Abuses<\/p>\n
* The state is required to provide compensation in the event the
\nperson responsible is unable to provide for the remuneration set
\nby the court. The execution of payment will be the responsibility
\nof the Ministry of Finance.
\n * Should the victim be deceased, the heirs and successors are
\nentitled to receive the restitution\/compensation ordered by the
\ncourt.<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/ri-opens-historic-east-timor-tribunal-1447893297",
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"sponsor": "Okusi Associates",
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