Chance still exists to bring military officers to justice
Chance still exists to bring military officers to justice
Tiarma Siboro, The Jakarta Post, Jakarta
Despite the decision of the UN High Commissioner for Human Rights
(UNHCHR) to drop from its agenda human rights abuses in East
Timor, the opportunity to reopen the rights cases, which have
implicated a number of Indonesian Army generals, is still
available, a noted lawyer has said.
Luhut Pangaribuan said that the decision did not mean that
Indonesia could not bring the Army generals to justice "but we do
need pressure from the international community to do so."
He added that country members of UNHCHR might possibly file a
petition to reopen the case.
"The decision has only lessened international support --
which, of course, is badly needed to pursue the rights abuse
cases -- but indeed it does not close the door on Indonesia, East
Timor or the international community to pursue it," Luhut told
The Jakarta Post, when asked to comment on the UNHCHR decision.
UNHCHR decided on April 17 to drop from its agenda human
rights violations before and after the self-determination ballot
on Aug. 30, 1999 in East Timor, following a tripartite meeting
between Indonesia and East Timor under UNHCHR auspices.
Several former East Timor military and administration
officials have been given jail sentences over their failure to
prevent mass killings during that period but they were not
obliged to serve their jail sentences. Several others were
acquitted of charges made against them. Even former Indonesian
Military commander Gen. (ret) Wiranto, held responsible for the
military operation in the country's former territory, escaped
prosecution by the human rights tribunal.
The tribunal has sparked criticism, both at home and abroad,
as it was thought to have failed to bring to justice all those
considered responsible for human rights abuses.
Maj. Gen. Zacky Anwar Makarim, Lt. Gen. (ret) Kiki Syahnakri,
Maj. Gen. Adam Rachmat Damiri, Brig. Gen. Suhartono Suratman and
Brig. Gen. Mohammad Noer Muis were among high-ranking military
officials indicted for gross human rights violations.
"We see that the government is not serious in handling the
human rights cases because (President) Megawati (Soekarnoputri)
has shown a lack of concern over the issue.
"Should the regime change, her successor will likely adopt a
different policy, to bring all the generals, including Wiranto,
to stand trial," he said.
Todung Mulya Lubis concurred, but regretted the UNHCHR
decision, which, he said, indirectly implied impunity for those
acquitted of charges and not indicted.
"I regret the decision, but we have to continue the legal
processing to seek justice for the sake of humanity because none
of this country's citizen is above the law," Todung told the
Post.
Chairman of the rights monitoring commission at the National
Commission on Human Rights M.M. Billah agreed with Todung, saying
that human rights abuses had to be handled properly and fairly
with regard to the dignity of the East Timorese people.
The East Timor government, under President Alexandre Xanana
Gusmao, has been trying to put behind it the issue of human
rights abuses in its attempts to develop and forge better
bilateral ties in all fields with its neighbor, Indonesia.