Govt told to let international court try TNI top brass

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)