Indonesia says no extradition as E. Timor indicts 17 men
Indonesia says no extradition as E. Timor indicts 17 men
Yogita Tahilramani, The Jakarta Post, Jakarta
Indonesian officials said they would not hand over 17 men
indicted by prosecutors in East Timor on Monday for alleged
crimes against humanity, saying that Jakarta has no extradition
agreement with the territory.
While an official request for extradition has yet to be
forwarded, officials in Jakarta quickly asserted that Indonesians
charged with crimes in the former province should be tried under
Indonesian law.
"We currently do not have a written understanding that
specifically states that Indonesia will allow the extradition of
the suspects (to East Timor) ... There isn't anything as such
now," foreign ministry spokesman Wahid Supriyadi told The Jakarta
Post.
The latest development comes after prosecutors for the United
Nations Transitional Administration in East Timor (UNTAET)
indicted the 17 for alleged crimes committed during East Timor's
violent split from Indonesia in 1999.
A statement from UNTAET said charges included "murder,
persecution and other inhumane acts," which were the results of
an investigation into a 1999 rally in Dili, that climaxed in a
wave of militia violence against East Timorese civilians
perceived as independence supporters.
While the complete list of the 17 names could not be
immediately obtained, UNTAET confirmed that prominent pro-Jakarta
militia commander Eurico Guterres was included.
Guterres is charged with five counts of crimes against
humanity, two for murder, one for persecution and two for
inhumane acts, for the acts of his subordinates and his direct
participation in the violence.
Four Besi Merah Putih (BMP) militia leaders are similarly
charged, while 12 BMP and Indonesian Military members are charged
for participating in the violence.
The Indonesian government here has moved at a snail's pace in
setting up an Ad Hoc Human Rights Court on human rights violation
cases before and after the East Timor vote in 1999.
Siri Frigaard, the UN deputy prosecutor general in East Timor,
said on Monday that international arrest warrants would be sought
from Interpol for the 17 accused.
Asked on the possibility of getting the suspects, Frigaard
replied: "We don't have a guarantee, but it would be difficult
for a country to refuse an extradition."
"We might succeed, we might not succeed, but at least we have
to try," he added.
UNTAET officials said the Indonesian Attorney General's Office
has been made aware of the indictments and impending warrants.
While it is true that no extradition treaty exists, Indonesia
does have a memorandum with UNTAET regarding cooperation on
legal, judicial and human rights related matters.
Signed in April 2000 it states that both parties shall "afford
to each other the widest possible measure of mutual assistance in
investigations or court proceedings."
However the memorandum falls short on provisions for
extradition.
On Monday former minister of defense Juwono Sudarsono said
that Indonesia was handling the matter "within the terms of our
own domestic law".
"This includes a human rights tribunal which is still hotly
debated about amongst our political society.
"Our position remains firm, that is to commit to (Indonesia's)
own terms ... for the meanwhile, we will not consider extraditing
the suspects," Juwono said.
Political and military observers have also noted the links
between those allegedly involved in rights crimes in East Timor
and ranking Indonesians.
Many militiamen have worked closely with elements of the
military, and Guterres himself, for example, currently leads a
youth wing of President Megawati Soekarnoputri's Indonesian
Democratic Party of Struggle.