Gusmao uneasy about indictments of RI generals

Gusmao uneasy about indictments of RI generals

Wahyoe Boediwardhana, The Jakarta Post, Denpasar, Bali

East Timor President Xanana Gusmao voiced disappointment over the
court's issuance of dozens of indictments of senior Indonesian
officials for serious crimes committed in the territory in 1999,
fearing that it could undermine ongoing reconciliation between
the two countries.

He, however, admitted that he could not legally intervene
against the independent legal system in his country.

"I will meet this afternoon (on Friday) with the Prime
Minister and the Parliament Speaker. I can only say that a
(prosecutorial) decision has been made, I can't do much about
it," Gusmao conceded.

He said his government could not interfere with the decision,
however he said he was surprised that he was not informed earlier
about it. "I have a right to state my views on that decision."

Prosecutors in East Timor indicted on Friday another 50
Indonesians, including former East Timor police chief Brig. Gen.
Timboel Silaen and thee ex-militia leaders, for serious crimes
committed during and after the 1999 independence ballot.

Earlier they indicted former Indonesian military chief Gen.
(ret) Wiranto and seven other senior officials, for similar
crimes including murder, rape and mass deportation.

A confused Gusmao expressed surprise and regret that the
decision was made before he returned from a trip where he was
meeting with Indonesian leaders.

"The chief prosecutor should have asked for my opinion first.
That didn't happen. That's a mistake," he told reporters in Bali
on his way back from the Non-Alignment Movement (NAM) summit in
Kuala Lumpur.

Xanana said he met on Monday President Megawati Soekarnoputri
and Foreign Minister Hassan Wirayuda without knowing prosecutors
in Dili were about to indict Indonesia's top senior officers.

"I was very shocked, because we had just spoken to Ibu
Megawati about a lot of things and suddenly the news came out,"
he said.

Minister Hassan met East Timor Ambassador Arlindo Marcel on
Thursday morning for an explanation over the indictment.

Quoting the ambassador, Hassan said the East Timor government
had not made the decision on the indictment and that it was just
a recommendation.

"They (East Timor) seem to be divided over the issue,"
explained the spokesman from Indonesia's foreign ministry, Marty
Natalegawa, when asked about the latest indictments.

He said the Indonesian government would stick to the position
of the East Timor government as outlined by its ambassador.

But Gusmao did say that the East Timor prosecutors with the
UN-mandated court, could not force Indonesian citizens to face
trial in East Timor.

Indonesia and East Timor do not have an extradition agreement.

The United Nations' Serious Crimes Unit, now a section of the
East Timor prosecutors' office in the capital city of Dili, filed
the indictment against 50 people, including former police chief
Timbul Silaen, and former pro Indonesia militia chief Eurico
Guterres, AFP reported.

Aside from Wiranto, Maj. Gen. Zacky Anwar Makarim, Lt. Gen.
(ret) Kiki Syahnakri, Maj. Gen. Adam Rachmat Damiri Brig. Gen.
Suhartono Suratman, and Brig. Gen. Mohammad Noer Muis were also
reportedly indicted on Tuesday.

Pro Indonesia militias, allegedly backed by the Indonesian
military went on a violent rampage in Dili, after East Timorese
voted overwhelmingly for independence in a UN backed ballot in
1999. Thousands died and over a hundred thousand took refuge or
were forcibly deported to West Timor.

Indonesia set up its own human rights court but acquitted
virtually all senior military officers indicted, including the
former police chief Timbul. Wiranto escaped indictment.

Activists said the indictment from East Timor came in response
to Indonesia's failure to prosecute the alleged right abusers.

Analysts have blamed the failure on fear of a backlash from
the military, citing its deep rooted influence among Indonesia's
political elite.

Pressurizing the military could stir a diplomatic rift with
East Timor, and Xanana said the indictment was not in his
country's national interest.