Bill on witness protection to benefit rights trials

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.