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.