TNI refuses to cooperate over abductions<\/p>\n
Tiarma Siboro, The Jakarta Post\/Jakarta<\/p>\n
The Indonesian Military (TNI) has said it will not cooperate with
\nthe National Commission on Human Rights (Komnas HAM) in its
\ninvestigation of the abductions of pro-democracy activists during
\nthe Soeharto regime.<\/p>\n
The TNI said Komnas HAM had no legal grounds to question
\nactive and retired Army officers about the abductions, which
\noccurred during 1997 and 1998, before Soeharto stepped down in
\n1999.<\/p>\n
\"Active and retired soldiers have the right to reject any
\nsummons from the team,\" the military said in an official
\nstatement on Friday.<\/p>\n
\"We are consistent in the enforcement of the law in the
\ncountry, but we will oppose any mechanisms we consider unfair,\"
\nit said.<\/p>\n
\"The establishment of a team to probe the forced
\ndisappearances violates Article 4 of Law No. 39\/1999 on human
\nrights, which strictly bans the use of the principle of
\nretroactivity. As we know, investigations into human rights
\nabuses must be based on a certain period and place.\"<\/p>\n
The human rights law was enacted in September 1999.<\/p>\n
The TNI said retroactive investigations were only possible if
\nthe president issued a decree establishing an ad hoc rights
\ntribunal, at the recommendation of the House of Representatives.<\/p>\n
This was done to establish ad hoc tribunals to try rights
\ncases from East Timor in 1999 and Tanjung Priok, North Jakarta,
\nin 1984.<\/p>\n
\"The enforcement of the law must not ignore the rights of
\nother people,\" the statement said.<\/p>\n
In a related development, two retired Army officers, Gen.
\n(ret) Wiranto and Lt. Gen. (ret) Prabowo Subianto, as well as the
\ncurrent secretary-general of the Ministry of Defense, Lt. Gen.
\nSjafrie Sjamsoeddin, failed to appear at the Komnas HAM office on
\nFriday for questioning over the abductions.<\/p>\n
The head of the Komnas HAM team investigating the abductions,
\nRuswiati Suryasaputra, said on Friday the team would send a
\nsecond summons to the generals next week.<\/p>\n
\"If they refuse to appear at our office after a third summons
\nis issued, we will subpoena them,\" Ruswiati said.<\/p>\n
The team also plans to summon nine other active and retired
\nofficers, including Lt. Col. Chairawan, who currently heads the
\nLilawangsa Military Command overseeing security in northern and
\neastern Aceh.<\/p>\n
Ruswiati, however, refused to identify the other officers,
\nciting fears of a \"negative reaction from the military\".<\/p>\n
\"There is evidence the abductees were seen in areas belonging
\nto the military. Therefore, we need to coordinate with the TNI in
\na bid to find their whereabouts,\" Ruswiati said.<\/p>\n
She also denied the establishment of her team had no legal
\nbasis.<\/p>\n
\"I do not know why the TNI is accusing us of violating Law No.
\n39\/1999, which authorizes Komnas HAM to set up teams to monitor
\nhuman rights abuses, even without a political recommendation from
\nlawmakers,\" she said.<\/p>\n
The team is one of seven teams established by Komnas HAM to
\ninvestigate forced disappearances, including two cases in the
\ntroubled provinces of Papua and Aceh.<\/p>\n
\"We have a responsibility to the families of those victims
\nwhose fates remain unknown today,\" Ruswiati said.<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/tni-refuses-to-cooperate-over-abductions-1447893297",
"image": ""
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"sponsor": "Okusi Associates",
"sponsor_url": "https:\/\/okusiassociates.com"
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