A year of unresolved rights abuse cases

By Budiman Moerdijat

JAKARTA (JP): Leading rights campaigner Marzuki Darusman described 1998 as the year when unresolved cases of violations were the "most visible dimension" of Indonesia's rights situation.

To many activists the year may have also been among the most frustrating as they contended with the fact that revealing rights violations was by no means a solution nor indeed an insurance against a repeat. This has also been the year when the rights activists themselves have had to put their lives and safety on the line for the cause.

"The unresolved cases are the very symbol of human rights transgressions," Marzuki said.

The fatal shooting of four students at Trisakti University in May in Jakarta, the riots in the same month here and in other cities, the disappearance of students and activists, the atrocities in Aceh, East Timor and Irian Jaya, and the Black Friday incident in November -- these are the top of a long list of human rights violations that have not been resolved in court.

The unresolved cases stood out, Marzuki said, in spite of the government's commitment and its "rhetoric" in the form of the National Action Plan for Human Rights launched in June, the human rights charter that was passed in the Special Session of the People's Consultative Assembly in November, and the possible submission of a bill to reinforce the existence of the National Commission on Human Rights.

The situation was a paradox and a major challenge to the government's actual commitment, Marzuki said, adding that the potential for violence remained large given the economic and political uncertainty here.

The downfall of former president Soeharto in May led to the revelation of serious human rights abuses allegedly perpetrated by Armed Forces (ABRI) personnel.

For instance, after years of silence, the Acehnese began telling the nation in June a horrendous tale of human rights abuses during a decade-long military operation aimed at quelling the separatist movement in the westernmost province.

The National Commission on Human Rights, which Marzuki now chairs, said in August that at least 781 people were killed and thousands of others suffered during the military operations that began in 1989.

Aceh Governor Sjamsuddin Mahmud, however, said earlier this month that the operations had left 1,021 people dead.

The rights body also said that at least 368 people were tortured and 163 people are still listed as missing. It added that at least 102 women were raped, and disappearances and extra- judicial killings had widowed 3,000 women and left between 15,000 and 20,000 children as orphans.

Amid mounting public pressure, ABRI Commander Gen. Wiranto visited Aceh in August and withdrew combat troops deployed from outside the province. He also apologized for the military's conduct, which he said had exceeded "acceptable norms".

"ABRI has been trying to project a better image with efforts to come to terms with past human rights violations but these efforts have not been matched with concrete actions, that is by taking their personnel to court and indicting them appropriately," Marzuki said.

"The case of Prabowo is the prime example and cases of other incidents that involved members of ABRI have also not been resolved," added Marzuki.

Former Army Special Forces (Kopassus) Commander Lt. Gen. (ret) Prabowo Subianto was discharged from the military in August and two other Kopassus senior officers were released from active duty for their alleged involvement in the abductions of political and student activists earlier this year.

Public pressure has also been mounting on Wiranto to put Soeharto's son-in-law on trial for his involvement in the kidnappings, but the demand is still unmet.

The independent Commission for Missing Persons and Victims of Violence (Kontras), which has been campaigning for the location of activists who are still missing, once stated that National Military Police investigating the abduction of political activists were "powerless".

"Prabowo may hold the 'trump card'. If he was court martialled, he could reveal all the facts behind the abductions, including who gave him the order," M.M. Billah, a member of Kontras' advisory council, said in August.

"The 'disclosure' could implicate many ABRI generals, including Prabowo's superiors at the time of the abductions and thus including the Army chief of staff, the ABRI commander and the supreme commander (then former president Soeharto)," he said.

"It would also ruin ABRI as a whole. That's why ABRI must have thought that it was better to discharge Prabowo rather than bring him before a military court," Billah added.

At the height of the abductions in February, Wiranto and the current Coordinating Minister for Political Affairs and Security Feisal Tanjung were respectively the army chief of staff and ABRI commander.

Marzuki therefore recommended that military personnel who committed abuses should be brought before a civilian court, rather than a military tribunal, in order to ensure impartiality.

"We need to review the judicial system to allow members of ABRI to be tried in a civilian court," Marzuki said.

Human rights groups have said that it is almost impossible for military judges and prosecutors to act independently because they bow to their superiors' command.

The rights groups said that independent bodies should be given the power to investigate military personnel for alleged human rights violations.

Citing the lengthy legal process toward justice, Marzuki suggested the alternative of campaigning for justice through political means.

"The government would have to be firm in taking these actions ... but ... how strong is the government today?" Marzuki asked.

He acknowledged a "dramatic change in the atmosphere" following the handing over of power from Soeharto to B.J. Habibie.

"The public has begun to have self-confidence in claiming their rights, but the problem now is to have a political system capable of managing both their dismay and their aspirations," Marzuki said.

As far as public awareness of human rights was concerned, there was now a growing need for wider public debate, Marzuki said.