Tue, 14 Mar 2000

Government to submit draft law on human rights court

JAKARTA (JP): The government is to seek the House of Representatives' approval for a draft law on a human rights court that would open the chance for it to bring Indonesian Military (TNI) top brass to trial for alleged involvement in last year's East Timor violence.

Minister of Law and Legislation Yusril Ihza Mahendra said on Monday the first reading of the draft would be presented next week.

"The bill contains an article that allows for the examination of human rights abuses committed in the past," Yusril said after a plenary session to hear House factions' responses to the government regulation in lieu of law on a human rights court.

Yusril said the bill would not contain the controversial retroactive principle in trying the human rights abusers, but would give the House the authority to decide upon whether a past case could be brought to justice.

A government-sanctioned inquiry into human rights violations in East Timor has implicated suspended coordinating minister for political affairs and security Gen. Wiranto and 32 military and civilian officials for the mayhem that erupted after the overwhelming rejection of Indonesia's wide-ranging autonomy offer in August last year.

Wiranto, who was the TNI chief when East Timor was in flames, has repeatedly denied responsibility for any atrocities, saying that he did many things to avoid clashes between East Timorese people.

Asked whether Wiranto could be tried, Yusril said it was up to the Attorney General's Office, which was now examining the inquiry reports.

Yusril said the bill could be passed in three months.

He said nothing was wrong with the investigation conducted by the Commission of Inquiry into Human Rights Abuses (KPP HAM) in East Timor, even though it was based upon a government regulation in a lieu of law that was unanimously rejected by the House on Monday.

"KPP HAM is over and the investigation should be followed up by the Attorney General's Office," Yusril said.

All 10 House factions agreed to drop the government regulation which was proposed by the government of former president B.J. Habibie last year.

"The regulation contains a basic weakness since it did not allow for past human rights abusers to be brought to justice," Muhyiddin Suwondo from the National Awakening Party (PKB) said.

Muhyiddin suggested that the new bill should contain a retroactive principle to allow for the examination of human rights abuses in East Timor, Aceh, Maluku and Irian Jaya.

Legislator Soenarto from the Military faction suggested that the bill allow for ordinary people to be tried for human rights abuses, instead of just state officials as has been stated in the regulation.

The Attorney General's Office decided on Monday to step up its probe into East Timor debacle by forming a team to investigate and question those implicated.

Spokesman for the Attorney General's Office, Soehandoyo, said reports submitted by KPP HAM had been verified by the office's team and declared acceptable.

"All materials submitted by KPP HAM are acceptable and we will step it up (the probe) to investigation level," Soehandoyo told journalists.

He said, however, that none of 33 military and civilian officials implicated in the inquiry's findings had been declared a suspect.

"That will be done after the investigation team has been formed and has done its job. Everybody will be summoned later," he said, adding the team would consist of state prosecutors, police, military police personnel and experts.

Soehandoyo gave no timeframe for the forming of the team, other than to say it would be "soon," nor did he say when they were expected to complete the new probe.

Jakarta is under considerable international pressure to bring those involved in the human rights abuses in East Timor last year to justice. (jun/byg)