AGO challenged to reopen Trisakti, Semanggi cases
The House of Representatives' Commission III on law and human rights agreed recently to reopen the investigation into the shootings of students who staged antigovernment protests in Jakarta in 1998 and 1999. The investigation into the high-profile cases was halted after the House's 2001 political probe concluded that the incidents were not gross human rights abuses. Human rights activist Asmara Nababan spoke to The Jakarta Post's Ridwan Max Sijabat about the issue.
Question: What is your comment concerning latest development from the House?
Answer: Despite being too late, it is the right thing to do. The House must review and revoke the misleading decree to show their commitment to human rights and democracy.
What are its implications?
First, the long-awaited investigation into the Trisakti shootings of May 12, 1998, and two others at the Semanggi cloverleaf on Oct. 13, 1998 and on Sept. 24, 1999, will be reopened immediately.
The ball is now in the Attorney General's court to follow up the findings of the fact-finding team that was set up by the National Commission on Human Rights. The Attorney General's Office (AGO) has to interrogate all those implicated in the rights abuses.
Secondly, the House will likely declare the incidents as gross human rights violations, prompting prosecutors to lay charges with heavier sanctions against those who were responsible for the incidents.
Thirdly, the government itself must carry out a thorough investigation into the three cases.
How should the AGO go about doing this?
The AGO should appoint experienced and dedicated attorneys with a broad perspective on human rights to carry out the investigation. The investigation should be based on the fact- finding team's report which was handed to the AGO in 2002.
What recommendations did the fact-finding team at the time give to the government?
According to the team, the three incidents constituted gross human rights violations and, therefore, there must be accountability from military and police officials who were in charge of security during the three incidents.
Is it not enough that several police and military personnel have already found been guilty of committing the shootings?
Absolutely not! Besides the fact that at least 30 students were shot dead in the incidents, the shootings were committed under orders from their superiors who have to be held accountable for their orders.
Who should take responsibility for the incidents?
The Attorney General should interrogate retired general Wiranto who was chief of the Indonesian Military at the time, two chiefs of the Jakarta Military Command and two chiefs of the Jakarta Police in 1998 and 1999.
How optimistic are you that the AGO will thoroughly pursue this case?
We have to (be optimistic). The current government has begun to show a commitment to eradicating corruption and upholding justice and human rights. Its credibility will be questioned if the AGO fails to bring human rights perpetrators in these incidents to justice.
Does the rights body and the House have any other role in supporting the investigation?
The rights body does not have a role as its fact-finding mission is completed. The House still has an important task: to propose an ad hoc tribunal as is required by the human rights law.