Government favors pardoning Soeharto

JAKARTA (JP): President Abdurrahman Wahid on Monday said he would consent to try former president Soeharto if strong evidence could be found against him, but personally felt he would prefer to pardon the former strongman rather than sentencing him.

Speaking to reporters at the State Guest House, the President pointed out that he had ordered newly appointed Attorney General Marzuki Darusman to relaunch a transparent investigation into alleged charges of corruption by the former president.

"If there is a strong reason to bring him to court, then he should be brought before the court. At this moment, however, there is still no evidence, but I have ordered the attorney general to reopen the investigation," said Abdurrahman, after meeting with representatives from 16 non-governmental organizations (NGOs).

The President told the activists that in principle he agreed with demands to bring the ailing Soeharto to court if there was strong evidence. But he quickly added that up to now there was still not enough proof to formally bring charges against him.

He further emphasized that he would prefer to pardon the 78- year-old former president.

He said both former presidents and vice presidents deserve such special treatment, when necessary.

"As I have said, an informal investigation has been conducted and we will see whether or not there is another reason to reinvestigate this litigation."

"However, for (former) presidents and vice presidents we will ask for clemency," Abdurrahman remarked.

When asked why he mentioned the vice presidency, and to name the vice president, he quipped in open laughter: "It may also mean Pak Habibie."

Habibie was vice president from March to May 20 1998, before he replaced president Soeharto on May 21 following massive unrest.

Habibie's failure to resolve the Soeharto case to public satisfaction was among the key factors which led to his presidential accountability speech being rejected by the People's Consultative Assembly.

Then acting Attorney General Ismudjoko last month halted the investigation into former president Soeharto because of insufficient evidence.

Amnesty

Accompanied by Vice President Megawati Soekarnoputri, the President held a two-hour dialog with senior NGO activists.

Among those present were Todung Mulya Lubis from the Center for Elections Reform (Cetro), Emmy Hafild of the Indonesian Forum for Environment (Walhi), coordinator of Indonesian Corruption Watch (ICW) Teten Masduki and Mulyana W. Kusumah of the Independent Election Monitoring Committee's (KIPP).

It was Teten who specifically raised the issue of Soeharto during the meeting.

"He asked me not to sing too loudly," said Teten in reference to going public too often with mere suspicions of corruption.

It was after Teten, through ICW, went public that Habibie was then forced to suspend then Attorney General Lt. Gen. Andi M. Ghalib in June.

Speaking to reporters after the meeting, Teten said Abdurrahman did not explicitly mention plans to bring Soeharto to trial, but pointed out that he would prefer to have a political rather than legal solution to the case due to the complexity of the problem.

Teten said he suggested Abdurrahman take note of the South Korean experience in which former presidents Chun Do Hwan and Roh Tae-woo were first sentenced by a court for power abuses, but later received pardons from President Kim Dae-Jung.

"I think this is a matter of law enforcement ... that our nation in the future will know that past governments have made mistakes, and know not to repeat the same ones," Teten contended.

"Possibly after the trial, (Soeharto) then will receive political amnesty. It will be more or less similar to the South Korean situation," Teten noted.

Abdurrahman has indicated several times that he would like a political solution to the Soeharto case. During a meeting with senior editors he even indicated that an investigation should be held, after which it can determined how much money should be returned to the nation.

The money would then be used to help the country's poor.

Speaking in Bali, just four days after his election, Abdurrahman stressed that his priority with the Soeharto case was how to recover any ill-gotten gains rather than jailing the country's second president.

In an apparent attempt to find a political remedy, he endeavored to invite Soeharto's eldest daughter Siti Hardiyanti "Tutut" Rukmana for dinner on Thursday along with Habibie. However both politely turned down the invitation.

Since being appointed Attorney General, Marzuki has stressed that he would judiciously pursue his task of reopening investigations concerning Soeharto.

He said that whatever solution was reached, it would need a legal basis.

He noted that a political solution would be the complete and sole prerogative of the president.

Soeharto has repeatedly denied that he tried to enrich himself during his 32 year tenure.

He is currently suing the United States-based Time magazine after a cover story claimed the Soeharto family had illegally amassed huge sums of money. (prb)