Amendment causing review of E. Timor probe
Amendment causing review of E. Timor probe
JAKARTA (JP): The Attorney General's Office on Wednesday
postponed announcing the suspects in their investigation into
human rights abuses in East Timor because a new constitutional
amendment had forced a reevaluation and strengthening of legal
arguments in the case.
Attorney General Marzuki Darusman told journalists that his
office feels that it already has a strong legal basis to try the
suspects, however, there was a prevailing perception that the
investigation could not proceed as a result of the amendment that
invokes the non-retroactive principle.
"We had planned to announce the suspects today. But it has to
wait pending a final discussion between the investigation team
and the experts to toughen the legal basis on the case," Marzuki
said.
"We need just a little more time to avoid doubts and a polemic
which might arise due to the amendment," he added.
The People's Consultative Assembly passed an amendment to the
1945 Constitution last week in which Article 28I states that no
one shall be prosecuted for a past crime using a newly invoked
law.
Many analysts have charged that the Article protects past
rights abusers, as the Indonesian criminal code does not
recognize crimes against humanity.
However, Marzuki claimed that the amendment would only affect
investigations in the future and would not be imposed on current
ones.
Marzuki also said he had received assurances from the head of
the commission that drafted the amendment that the article was
not designed to negate the current investigation, or from trying
past rights abusers.
The investigating team was established to follow up an inquiry
performed by the National Commission for Human Rights (Komnas
Ham) investigating rights abuses that occurred before and after
the August 30 ballot in East Timor last year.
Marzuki revealed that the investigating team and their expert
advisors were also studying criteria which could bring those who
were operationally involved as well as those who held command and
made the decisions to answer for their actions.
"Such criteria can also ensnare those involved in the case by
omission or by doing nothing to prevent the violence, including
decision makers in Jakarta," he explained.
While refusing to reveal the names and the number of suspects
which were due to be announced, Marzuki admitted that most are
included in the 33 names recommended by the inquiry for their
implication in the violence.
Former TNI chief Gen. (ret) Wiranto was among those named on
the recommendation, along with former East Timor Military
Commander Brig. Gen. Tono Suratman and his immediate superior
Maj. Gen. Adam Damiri, who was former chief of the Udayana
Military Command. (bby)