'Ignoring UNTAET writ will tarnish RI's image'
'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.