Chance for justice fades for East Timor victims

Chance for justice fades for East Timor victims

Tiarma Siboro, The Jakarta Post, Jakarta

The chance to bring justice to the victims of the 1999 human
rights violations in East Timor has vanished, after the United
Nations High Commissioner for Human Rights (UNHCHR) agreed over
the weekend to drop the agenda from its future meetings.

The commission, however, urges the Indonesian government to
take the necessary steps to correct the ongoing trials at the ad
hoc rights tribunal, and the legal processes at the appeal and
clemency stages of the East Timor rights violation cases, to
ensure that justice is served.

A statement sent by Indonesia's permanent representative at
the United Nations in Geneva to The Jakarta Post on Sunday said
that the decision was taken after a difficult and intense
negotiation between Indonesia, the European Union and East Timor.

"Starting next year, the rights commission will not issue a
Chairperson's Statement on the human rights situation in East
Timor, which has served as a reason to criticize Indonesia over
lingering East Timor issues such as refugees and human rights
abuses in East Timor in 1999," said the statement, hailing the
decision as a significant achievement for Indonesia.

The decision was conveyed through the Chairperson's Statement
during the commission's meeting on April 17.

The statement said future commission meetings would only
discuss East Timor issues from the aspect of technical human
rights cooperation between Indonesia's former 27th province and
UNHCHR.

The commission, however, expressed disappointment over the
process and outcome of the ad hoc rights tribunal for the
violence in East Timor, and urged Indonesia to take the necessary
measures to rectify them.

At least 18 civilians, police and military personnel,
including several Army generals, were indicted for gross human
rights violations in East Timor, of which 11 defendants had been
acquitted, five sentenced to between three to ten years in jail,
while two are being tried currently. Even those declared guilty
are still free, pending appeal.

The tribunal has also drawn international criticism, as it has
failed to bring to justice high-ranking military officers,
including former Indonesian Military (TNI) chief Gen. (ret)
Wiranto, who was in command during the violence.

The United Nations Serious Crimes Unit in East Timor has
indicted a number of Indonesian Army officers with crimes against
humanity: Wiranto, Maj. Gen. Zacky Anwar Makarim, Lt. Gen. (ret)
Kiki Syahnakri, Maj. Gen. Adam Rachmat Damiri, Brig. Gen. Tono
Suratman and Brig. Gen. Mohammad Noer.

The statement also recommended that the Indonesian and East
Timorese governments to enhance bilateral relations to resolve
outstanding issues, such as refugees. Some 30,000 East Timorese
refugees are still living in refugee camps in West Timor.

In Jakarta, Ministry of Foreign Affairs spokesman Marty
Natalegawa welcomed the decision, saying that it was in line with
Indonesia's stance that discussing the human rights situation in
East Timor was no longer relevant, as East Timor had become
independent in January 2001.

"Rights issues in East Timor are different, now that the
territory is independent. We urged UNHCHR to accept this
reality," Marty told the Post Sunday.

International law expert Hikmahanto Juwana at the University
of Indonesia said on Sunday that the decision had closed the
opportunity for victims of East Timor rights violations to seek
justice.

"International crimes are always controversial, because only
states that do not have power or lose the war can be tried before
courts.

"Indonesia faced these two conditions after East Timor won its
independence in 1999, but things have changed now, especially
since the U.S., along with its allies, invaded Iraq -- because it
(the aggression) has ruined the world order and international
ethics, but will never be brought to court," Hikmahanto said on
Sunday.

Hikmahanto further said that following the decision, it was
possible for Indonesia to review -- if it did not stop -- the
ongoing rights trials or to acquit all defendants of the killing
spree in East Timor, because "the (UNHCHR) decision can be
considered as new evidence."