Govt to submit 'strong' rights tribunal bill

Govt to submit 'strong' rights tribunal bill

By Budiman Moerdijat

JAKARTA (JP): A group of legal experts is putting the final
touches to a new bill which could provide the key legal
instrument to try Gen. Wiranto for human rights abuses in East
Timor.

Key points of the new bill, which could be submitted to the
House of Representatives before the end of the month, include a
retroactive clause allowing it to be used as the basis for trying
rights violations occurring before the date of the bill's final
ratification.

The bill includes an article which can snare even those who
aided and abetted human rights violations.

Both these two points were deficient in previous Indonesian
laws, and could provide a crucial legal basis if convictions were
ever sought on senior officials or officers who were not
immediately present at the scene but were regarded as responsible
for rights violations.

Human rights activist Munir revealed that he had been part of
a small team of experts helping to fine-tune the draft bill since
late last year.

"The bill is quite progressive and I hope it will be able to
break the cycle of impunity in this country," Munir said of the
bill which, as it currently stands, has 38 articles.

"The bill, if it is endorsed by the House of Representatives,
will not only be able to try those who are directly involved in
human rights violations, but also those who allow the violations
to take place," he added.

The experts assisting in the drafting of the bill include
National Commission on Human Rights (Komnas Ham) chairman Djoko
Soegianto, commission members Benjamin Mangkoedilaga and
Soelistyowati Soegondo, former justice minister Muladi and
prominent defense lawyer Adnan Buyung Nasution.

While the bill is designed to encompass all rights violations,
the two new elements in the new bill directly address defense
arguments being used by Wiranto's lawyers to argue his innocence
following Monday's recommendations by the government-sanctioned
National Inquiry into Human Rights Violations (KPP HAM) in East
Timor which said the former military chief and other senior
officers should be investigated.

Attorney General Marzuki Darusman has said it would take three
months to decide whether to file charges.

Skeptics initially questioned the time frame as the government
does not have the necessary legal instruments which could make
such a court conviction.

A human rights tribunal bill drafted by then minister of
justice Muladi which was already submitted to the House last year
is considered by many as insufficient as cases prior to the
bill's ratification would be tried under the criminal code which
only recognizes individual and not collective responsibility.

While it has yet to be officially rejected, House Speaker
Akbar Tandjung has said he will rebuff the bill drafted by
Muladi.

In a strange twist, however, Muladi and Adnan Buyung Nasution
are spearheading the defense team for Wiranto and other top
military brass in the issue.

Munir said Buyung, during meetings to draft the new bill,
strongly rejected articles which extended the scope of
responsibility for human rights crimes.

Buyung contended that only those who had "directly and
physically" committed the crime should be held responsible.

Article 34 of the bill, a copy of which was obtained by The
Jakarta Post on Thursday, stipulates that "every person who
allows" human rights violations is liable to face the same
possible punishment as those who directly commit violations.

This particular article, in essence, emulates Article 6 of the
Statute of the International Tribunal for Rwanda which was
adopted by the United Nations in 1994.

The new Indonesian bill varies punishment from four years to
life imprisonment.

Before it is finally submitted to the House, the new bill will
likely undergo some minor editorial adjustments at the Ministry
of Law and Legislation.

While there seems to be agreement that the bill would be
retroactive, the exact period remains debatable. Some have
suggested a period of 15 years while others noted that the term
should not be defined as it would merely create more controversy.