East Timor cases under international spotlight again

East Timor cases under international spotlight again

Three members of the UN-sanctioned Commission of Experts (COE)
are scheduled to arrive in Jakarta on May 20 to meet with legal
people involved in the human rights tribunal for Indonesian
officers and officials, who were charged with, but acquitted of
rights violations in East Timor. Indonesia and East Timor jointly
created a Commission of Truth and Friendship (CTF) late last
year. Rafendi Djamin, coordinator of the Human Rights Working
Group (HRWG) gave The Jakarta Post's Ridwan Max Sijabat his
opinion on COE's mission.

Question: Would you like to comment on the arrival of UN's COE
representatives?

Answer: First of all, we support the United Nations' move to
seriously deal with human rights abuses in East Timor, especially
since the 1999 East Timor violence, which is classified as an
international crime against humanity.

Secondly, we also appreciate Indonesia's cooperative gesture
shown by the government in the issuance of visas for the three
experts. We hope the UN experts will be given a wide access to
meet with relevant sides and obtain needed documents so that they
can work optimally and finally make an objective report.

Why do you give a thumbs-up to the UN mission?

Speaking frankly, we are disappointed with the Indonesian
human rights tribunal since only two -- former East Timor
governor Jose Abilio Soares and pro-independence militia leader
Eurico Gutteres -- were given a guilty verdict, while all
military and police officers and officials allegedly involved in
human right abuses were acquitted of all charges.

This has shown Indonesia's unwillingness and incapacity to
investigate the human rights abuses thoroughly and bring the
perpetrators to justice.

The establishment of the COE is also consistent with the
international nature of the 1999 East Timor violence. It is also
a good opportunity for local police, prosecutors and judges to
give a satisfactory explanation about the unfair tribunal.

Do you think it is possible to establish another tribunal on
human rights abuses in East Timor?

Of course, it is impossible to bring suspects again to court
for the same cases, but the human rights abuse cases could be
reopened to identify other violations, which have not been tried
yet. There have been many allegations of rape, slavery and
abduction also, none of which have been investigated. Besides,
top military and police officials with the responsibility for
security and defense in East Timor have not gone to trial.

Do you see any other things the COE should pursue?

The UN experts are also expected to give input and
recommendations for the Commission of Truth and Friendship (CTF),
in accomplishing its tasks in accordance with the accountability
principle.

They are expected to convince the joint commission on the
importance of promoting reconciliation between the two countries
without forgetting the human rights abuses and justice.

Are you skeptical about the CTF's commitment to helping settle
human rights issues in East Timor?

After learning its terms of reference, we have become
skeptical of CTF's commitment to bringing justice with regard to
human rights abuses. Article 13 of the terms of reference
stipulates that based on the spirit of a forward-looking and
reconciliatory approach, the CTF process will not lead to
prosecution and will emphasize institutional responsibilities.
This means that the CTF will be a chamber of impunity.

The two countries' governments have focused more on
strengthening bilateral ties than on prosecuting human rights
perpetrators, but many people in East Timor, including the
relatives of human rights abuse victims, are still awaiting a
fair trial of the human right abuses.

The ad hoc tribunal's failure to imprison notorious military
and police top brass has indirectly contributed to the stagnant
internal reform in those two institutions.

What is the best that the COE can expect from this mission?

The COE could recommend the establishment of a hybrid tribunal
either in Jakarta or Dili, in addition to supporting the ongoing
appeal by prosecutors to the Supreme Court for three military and
police officers, who were acquitted by the tribunal.

Besides, the COE could also recommend the extension and the
empowerment of the special panels for serious crimes in Dili so
that they could interrogate former Indonesian officials involved
in human rights abuses.