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.