Govt told to let international court try TNI top brass
JAKARTA (JP): Fresh pressure is being exerted on President Abdurrahman Wahid's government to let an international tribunal try high-ranking Indonesian Military (TNI) officers for alleged involvement in atrocities in East Timor following the Aug. 30 ballot.
The Indonesian Legal Aid and Human Rights Association (PBHI) said in a statement issued on Sunday that the new government should allow an investigation and legal process to be conducted by neutral and universally recognized institution concerning human rights violations in the former Indonesian province.
"The government should open all possible access for the Commission of Inquiry for East Timor to investigate generals for their alleged involvement in crimes against humanity," PBHI chairman Hendardi said in the statement, a copy of which was made available to The Jakarta Post.
He said the country's legal instruments were far from adequate to try state officials accused of violating human rights, and Indonesia has ratified few international legal covenants on the matter.
The association criticized the new government for "showing no substantial changes in its political will", which it said was proven in the letter sent by the Ministry of Foreign Affairs to the United Nations-sponsored commission which rejected its request to investigate the generals.
"This will only maintain the circle of impunity, which has lasted for so long in the country," Hendardi said.
Minister of Foreign Affairs Alwi Shihab told the House of Representatives on Tuesday that Indonesia would not allow its generals to be tried overseas because it would constitute an international humiliation.
Hendardi also regretted the establishment of the national inquiry for human rights abuses in East Timor, which he said would only serve to protect the military's top brass.
Both the national commission and the UN commission concluded last Monday that they found evidence that TNI was responsible for violence in the aftermath of the August ballot. However, no decision was made on whether a war crimes tribunal could be established.
Among the top officers targeted by the national commission are former TNI chief Gen. Wiranto, who is now coordinating minister for political affairs and security; former TNI intelligence chief Maj. Gen. Zacky Makarim; former Ministry of Defense expert staff Maj. Gen. Sjafrie Syamsuddin; former chief of the Udayana Military Command overseeing Bali and Nusa Tenggara Maj. Gen. Adam Damiri; former East Timor military commander Brig. Gen. Tono Suratman and former East Timor Police chief Brig. Gene. Timbul Silaen.
Wiranto said on Friday he and other military officers were ready for questioning. He termed "groundless" the allegations of the military's role in the East Timor violence.
Hendardi asked the top military officers and their lawyers to prove their innocence in a fair, trusted and transparent court.
Refugees
Meanwhile, East Nusa Tenggara Governor Piet Alexander Tallo said on Saturday the remaining 170,000 East Timoresee refugees in the province would only be able to return home if reconciliation between conflicting groups in East Timor was established.
Most of the refugees are family members of Indonesian Military (TNI) personnel and civil servants, who were against independence for the former Portuguese colony, Tallo said.
He said without an expression of forgiveness and public amnesty from East Timor's people and new leadership, the return of the refugees would spark more conflicts.
"I have carefully examined the New York agreement which stipulated that all East Timorese should be repatriated. But without leniency and reconciliation between all conflicting groups in the territory, I don't think peace will become a reality," Tallo told Antara in the East Nusa Tenggara capital of Kupang.
The agreement, signed by Indonesia, Portugal and UN Secretary- General Kofi Annan, mandated a self-determination ballot on East Timor's future on Aug. 30. A majority of voters rejected Indonesia's offer for wide-ranging autonomy.
More than 260,000 East Timorese fled their homes due to an orgy of violence perpetrated by prointegration militias after the announcement of the results. (amd)