A cry for justice

A cry for justice

Now that the government-sponsored Inquiry into Human Rights
Violations in East Timor, or KPP HAM as it is known by its
Indonesian acronym, has announced its findings, the Attorney
General's office must quickly act on its recommendations. It must
not waste time in investigating and prosecuting those whose names
appear in KPP HAM's report for their alleged roles in the tragic
violence that erupted in East Timor around the time of the Aug.
30 self-determination ballot. Justice must be upheld, and it must
be upheld swiftly. Anyone whose rights have been abused will
testify that delayed justice is no justice at all.

The inquiry itself has been bogged down by a controversy that
forced its members to extend their work beyond the original Dec.
31 deadline. Many of those interviewed, particularly some of the
Indonesian Military (TNI) generals, have deployed a formidable
teams of lawyers to challenge every move KPP HAM made. They have
even tried to destroy the credibility of KPP HAM and its members.
Now the inquiry has completed its work and publicized its report,
and, bracing criticisms and pressure, it has taken the courage of
naming those whom it says should be interrogated and prosecuted
by the Attorney General's office. One name that stands out is
that of Gen. Wiranto, the coordinating minister of political
affairs and security who was TNI chief at the time.

The KPP HAM report is bound to generate more controversy, but
this should not detract Attorney General Marzuki Darusman from
swiftly acting on the recommendations. Far too often, the quest
for justice in this country has met a dead end because of endless
debate over legal technicalities, and, particularly, because of
political pressures. Too many past rights abuses, not only in
East Timor, but also in Aceh, Maluku, Irian Jaya and even in
Jakarta, have gone unpunished. The government has not even been
able to prosecute anyone for any of the rampant corruption
committed by the old Soeharto regime, when the evidence is
staring us in the face.

Is the KPP HAM report going to meet the same fate? Probably,
but if the government fails to carry out a legal process that
meets the international standard, Indonesia could well be forced
to send its generals to an international tribunal, as is sought
by a separate United Nations inquiry. The UN team's report, also
presented on Monday to UN Secretary General Kofi Annan, found
evidence suggesting the involvement of TNI personnel in the
mayhem.

There is no doubt that pro-Indonesia militias in East Timor
were responsible for the campaign of terror and destruction after
the Aug. 30 ballot that saw an overwhelming number of East
Timorese voting for independence. It is not clear, however, if
and how far TNI was involved in the campaign that saw the exodus
of almost the entire East Timorese population, and the virtual
total destruction of towns and property. What is clear is that
the mayhem occurred while the territory was officially under the
responsibility of the Indonesian government, in this case, the
TNI, which was supervising the security arrangements in East
Timor. Many of the unanswered questions concerning this massive
human tragedy, will, hopefully, be answered in the ensuing
trials.

The question of whether the trials are held in an Indonesian
court or an international tribunal is secondary. The primary goal
of these processes, both the KPP HAM and the UN inquiry, is to
uphold justice. It matters little where these cases are heard, as
long at the legal process is fair and credible.

Unfortunately, Indonesia's legal system has a poor track
record when it comes to dealing with human rights abuses. The
number of unresolved cases of rights violations in this country
makes us wonder whether the government and the legal system has
the ability and capacity to provide justice.

Nevertheless, since the KPP HAM has started the process, it
must now be continued until its completion. While the
international community appears to have given the benefit of the
doubt, the threat of an international tribunal must be seen as
welcome pressure to ensure that the legal process is pursued in a
manner that is not only credible, but also swift. The ball is
very much in Attorney General Marzuki Darusman's court to see to
it that justice is upheld, and upheld quickly. The nation, the
East Timorese and the rest of the world expect no less from the
government of President Abdurrahman Wahid.