Indonesia told to study Pinochet case
JAKARTA (JP): In breaking the impasse over Soeharto's trial, Indonesia could take some lessons from the way the British government resolved the case of former Chilean dictator Augusto Pinochet earlier this year, a United Nations official says.
Pinochet, detained in London on the back of an extradition warrant from Spain, was freed in March after an independent medical team determined that the 84-year old was "not mentally capable of meaningful participation in a trial."
Param Cumaraswamy, UN special rapporteur on the independence of judges and lawyers, said in a statement on Monday that the approach and methodology adopted and applied in Britain in the Pinochet case, "may be a useful and helpful precedent to follow" for the Indonesian court in resolving whether or not Soeharto is physically and/or mentally unfit to stand trial.
Param said he attended the preliminary hearing of the Soeharto case at the South Jakarta District Court on Thursday and has also met with government and court officials to discuss the trial of Indonesia's former strongman.
Soeharto, 79, did not turn up for court with his lawyers saying that he was too ill to attend. They presented medical records to the court purporting to back up his claims of frail health, including the possibility of a fourth stroke, a brain damage, and his inability to comprehend complex situations and answer long questions.
The trial was adjourned with the court ordering the lawyers to present the doctors at the next session on Sept. 14. A request by the state prosecutors for an independent medical team to check Soeharto's health was not granted, but would be considered.
Param said the British government dismissed the medical records presented by the Chilean government in support of the senator-for-life's claim of ill health, and instead sought the opinion of an independent medical team.
"The panel of doctors were instructed, in particular, to advise the Secretary of State as to `whether in their view, there were any aspects of Senator Pinochet's state of health, which, separately or together, suggested that he was not then fit, or may likely become unfit to stand trial in Spain,'" Param said.
The doctors were also asked to advise as to whether Pinochet could be feigning any of his symptoms.
"The conclusion of the medical team in its report indicated that Senator Pinochet would not be mentally capable of meaningful participation in a trial," Param said, adding that final responsibility for the decision to drop the charges lay with the Secretary of State and not the doctors.
Pinochet's case was resolved after 17 months of legal and diplomatic battles. The decision disappointed Spain and other European countries in which victims of his alleged atrocities had sought to bring the former dictator to trial.
Soeharto is being tried on corruption charges involving nearly US$600 million in his capacity as the chairman of seven charitable foundations.
Meanwhile the Attorney General's Office on Monday said that Soeharto must undergo another health examination to end speculation over the latter's ability to attend the proceedings.
Spokesman Yushar Yahya said there should be another health examination "to really know how bad his illness is".
Yushar said that using an ailing condition as an excuse for a defendant to not attend a trial is only valid once.
"It's better for Pak Harto to appear before the court if the result of a medical test on his physical condition permits him to come," he added.
"Whether he is capable or not in answering or comprehending things, is up to the judges to decide," Yushar said without elaborating when the examination would take place. (bby/emb)