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)