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.