Bill on witness protection to benefit rights trials

Berni K. Moestafa, The Jakarta Post, Jakarta

Justice in the country will be bolstered with a witness protection law, as the nation seeks retribution on human rights abuses, in which the powerful military and police have been implicated.

Rights activists hailed the House of Representatives-sponsored draft law as further easing the way for human rights trials to nail down abusers.

"There have been numerous cases where witnesses failed to come to the court to testify because of fear," said Hendardi of the Indonesian Legal Aid and Human Rights Association (PBHI).

If passed, the law will replace the government regulation on witness and victim protection compensation issued just before the landmark human rights trial which began on March 14.

The bill requires the state to set up a witness and victim protection body. Under the bill, witnesses and victims may determine their own protection and security arrangements.

Other rights include getting a new identity and relocation to a new home. These and other rights as stipulated under Chapter 5 of the bill may also be available to the families of the people under the witness and victim protection program.

In cases of gross human rights abuses, Chapter 6 of the bill offers witnesses and victims a rehabilitation program and medical aid, while Chapter 7 allows them to seek compensation from the abusers.

Although the bill applies to all criminal trials in general, its immediate benefit would likely become apparent during human rights trials -- the proceedings of which are being closely watched by the international community.

Indonesia's first human rights tribunal acquitted last month, six rights defendants charged of crimes against humanity in the 1999 violence in East Timor.

The six released defendants were members of the military and police. Critics said that their release was helped by the absence of witnesses whose testimony would have burdened the defendants.

The verdict drew criticism from the United Nations and the U.S., which has demanded the Indonesian Military (TNI) improve its accountability before resuming military ties.

More victim witnesses from East Timor have refused to testify against former military commander in the former Indonesian province, Brig. Gen. Tono Suratman due to the absence of international escorts.

"This protection body (for witnesses and victims) should come with strong authority to allow them to confront institutions like the TNI or the National Police," said Hendardi.

Under the bill, the protection body is independent, responsible only to the President, and would have representatives in at least every capital of the country's 30 provinces.

Its membership consists of seven people from the staff of the National Commission on Human Rights, the police, the prosecutor's office, the Ministry of Justice and Human Rights, an academic and non-governmental organizations.

"A witness protection law will greatly benefit our task of investigating human rights abuses," said Saafroedin Bahar, a member of the National Commission on Human Rights on Wednesday.

Human rights violations have become common with the surge of ethnic conflict in regions like Poso in Central Sulawesi and Ambon in Maluku.

Ongoing fighting between security troops and separatists in the restive province of Aceh adds to the list of abuses, many of which target civilians.