Court rejects refugees demands of Rp 1t in Timor damages
Court rejects refugees demands of Rp 1t in Timor damages
Muninggar Sri Saraswati, The Jakarta Post, Jakarta
The Central Jakarta District Court rejected on Tuesday the
request by a group of East Timorese refugees demanding former
president BJ Habibie to pay Rp 1 trillion (US$115.6 million) in
compensation for losses incurred following East Timor's 1999 vote
for independence.
The court also declined to declare Habibie or president
Megawati Soekarnoputri in violation of any laws which may have
caused suffering to the refugees, most of whom are pro-
integration militia members who have chosen to stay on in
Indonesia.
The verdict stated there was no evidence that the accused had
violated the refugees in the class action suit filed by several
East Timorese people, including former East Timorese militia
leader Eurico Guterres and east Timorese lawyer Nicolay A.B.
They claimed that they were representing about 280,000
refugees, most of whom were forced into Indonesia during the
scorched earth revenge campaign following the vote in August
1999.
"Habibie could not be sued for this case as he decided to
conduct the vote in his capacity as a public official. He had
also presented his accountability speech before the People's
Consultative Assembly (MPR) in 1999 before losing in the
presidential election," presiding judge Andi Samsan Nganro said.
However, the court ordered the government to accommodate the
East Timorese refugees, who opted to stay here instead of going
back to East Timor.
The ruling also said the government should grant the refugees
their rights as Indonesian citizens, including the right for a
proper place to live and a proper life.
"It's the government's obligation to provide the refugees with
their rights as citizens by giving legal protection and legal
certainty of their residential statues as they deserve to have a
good and healthy social life," Judge Andi said.
The verdict is in accordance with the MPR decree No. 5/1999
which requires the government to be responsible for any possible
consequences following the 1999 vote.
The government has attempted to relocate the refugees who are
in several areas in the country. A few months ago, it halted
assistance to the refugees in a bid to encourage them to make a
decision -- either to leave or become Indonesian citizens
Lawyer Esther Daturante, who represented the government, asked
for a two-week period to consider the appeal.
The refugees' lawyer, Suhardi Somomoeljono, said they would
consider the accused's decision first before making a possible
appeal.
The United Nations reported in May that some 52,000 of the
250,000 refugees are still in West Timor.