'Ignoring UNTAET writ will tarnish RI's image'
The Jakarta Post, Jakarta
The Indonesian government had a moral obligation to surrender 17 military men and former militiamen to the United Nations Transitional Administration in East Timor (UNTAET), which had indicted them for alleged crimes against humanity in 1999, claimed a noted lawyer.
Rights activist and lawyer Johnson Panjaitan said here that the government's failure to support the extradition of the people would further damage Indonesia's image in the international community.
Johnson, who was the lawyer for East Timor independence leader Jose Alexandre "Xanana" Gusmao, acknowledged that the Indonesian government did not have an extradition treaty with East Timor.
"But, at least, the government has a moral responsibility to surrender the 17 people to UNTAET. To some extent the government is held accountable for the mayhem in East Timor," said Johnson, the secretary general of the Indonesian Legal Aid and Human Rights Association (PBHI).
The government has dismissed any possibility of extraditing the suspects, who include prominent pro-Jakarta militia leader Eurico Guterres, to Dili, saying that any Indonesian charged with crimes in the country's former province must be prosecuted under Indonesian law.
However, Johnson suggested that the government take into account the fact that the international community had lost its confidence in Indonesia's commitment to prosecute those implicated in the human rights violations in East Timor.
Indonesia has recently been criticized for its sluggish efforts in processing the human rights trial of military officers and civilians who were allegedly involved in various crimes against humanity following a UN-administered popular consultation in 1999 that resulted in East Timor's move toward full independence.
Johnson said Indonesia risked facing an international tribunal unless it cooperated with UNTAET.
"Should the Indonesian government reject the warrants by UNTAET, the international community will regard the country as a haven for suspected human rights criminals," Johnson said.
Meanwhile, the Indonesian authorities remained adamant on Tuesday that the suspects would not be handed over to UNTAET.
The director for political affairs at the Ministry of Foreign Affairs Marty Natalegawa said that the United Nations, which represents the international community, had supported Indonesian sovereignty to prosecute the human rights violation cases in East Timor under Indonesian law.
Marty was referring to UN Secretary General Kofi Annan's statement during his visit to Indonesia in January 2000, on his support for the government's determination to investigate crimes against humanity in East Timor and to bring those involved to a human rights court.
Separately, Maj. Gen. Sudrajat, the director general of defense strategy at the Ministry of Defense, supported the government's stance on the issue.
He said the military would reject the extradition of the 17 suspects to UNTAET.
"The military will respect any legal proceedings conducted by UNTAET as long as they does not offend the dignity of Indonesian people, as well as the country's sovereignty," he countered.
The complete list of the 17 names could not be immediately obtained.
Siri Frigaard, the UN deputy prosecutor general in East Timor, said that international arrest warrants would be sought from Interpol for the 17 men accused.