East Timor human rights trial should go on: Muladi

East Timor human rights trial should go on: Muladi

JAKARTA (JP): A member of the defense team representing
military officers accused of violence in East Timor last year
said on Wednesday they would not use the "non-retroactive
principle" recently inserted into the 1945 Constitution to dodge
a trial.

"Although the article seems to benefit us, we will not use it.
We don't want the case to be taken to an international tribunal,"
Muladi, who chairs the non-litigation unit of the officer's
defense team, said after meeting with House of Representatives
Speaker Akbar Tandjung.

The People's Consultative Assembly recently amended the 1945
Constitution to include Article 28I (1). It effectively bars
anyone from being prosecuted under a newly introduced law for
crimes committed in the past.

Muladi acknowledged that if Indonesia failed to legally
process suspects in the case there would be pressure for an
international tribunal, which would tarnish Indonesia's image of
being able to try human rights abusers.

"The trial should go on through an ad hoc court," Muladi, who
was justice minister under former President B.J. Habibie, said.

Many people have feared those indicted in the East Timor
violence would use the amended Constitution to avoid a trial.

But Muladi said that the principle of retroactivity was
internationally recognized for alleged major rights abusers.

He said that although "non-retroactivity is a general
principle of the law, it would be better not to include it in the
Constitution".

"We are among the parties who regretted the inclusion of the
article," Muladi, a former rector of the Semarang-based
Diponegoro University, said.

The House is currently discussing a human rights tribunal
bill, which includes the possibility of convening an ad hoc court
to try human rights abuses.

The chairman for the Commission for Missing Persons and
Victims of Violence (Kontras) Munir on Monday suggested that the
East Timor case be handed over to an international tribunal.

Meanwhile, constitutional law professors Bagir Manan and
Suwoto Mulyosudarmo have suggested that the People's Consultative
Assembly revoke the article altogether.

"To avoid further problems, the article should be revoked in
the next amendment," Suwoto from the Surabaya-based Airlangga
University said on Monday. (jun)