Int'l pressure on E. Timor trial badly needed

Int'l pressure on E. Timor trial badly needed

Berni K. Moestafa, The Jakarta Post, Jakarta

The international community needs to bring pressure to bear on
the ad hoc human rights trials being held in Indonesia in order
to assure that judges and prosecutors are held accountable for
questionable verdicts and justice is served, analysts said.

Since the inception of the first human rights trials which
were convened in the wake of condemnation from the international
community, attention now has been diverted to the global war on
terror.

This may explain the only conviction handed down so far by the
tribunal of a military officer convicted of atrocities in East
Timor, analysts said.

Former East Timor military district chief, Lt. Col. Soedjarwo
was sentenced to five-years imprisonment for failing to stop an
attack by pro-Jakarta militiamen against the residence of Nobel
Peace Prize recipient Bishop Carlos Ximenes Belo in 1999. At
least 13 civilians were killed in the attack.

He was the first convicted officer following the court
acquittals in August of six military and police officers over
similar charges. The trial of two senior military officers is
ongoing.

"The international community is of course concerned over the
trial's disappointing outcome," said Hendardi of the Indonesian
Legal Aid and Human Rights Association (PBHI) on Saturday.

"But their attention now has shifted to terrorism. Indonesia
has taken advantage of this to go lenient in the trial of
military and police officers," he said.

Pro-Jakarta militiamen set ablaze the former province's
capital of Dili and hundreds were killed in the violence
following the 1999 United Nations (UN) sponsored ballot that led
to East Timor's break away from Jakarta.

The UN backed down on its threat for an international human
rights tribunal when Indonesia promised last year its own ad-hoc
Human Rights Tribunal.

However, with the absence of senior officers in the trial and
the acquittal of most of the remaining ones, Indonesia has
disappointed international and domestic expectations for a just
trial.

The poor result drew fire from the U.S. which ceased military
ties with Indonesia over the East Timor violence.

Still, analysts have said, it is unlikely that Indonesia will
face pressure from the U.S. or the international community.

"Security or terrorism has come to the forefront and attention
has waned on human rights issues," said foreign political analyst
Edy Prasetyono of the Centre for Strategic and International
Studies (CSIS).

After the Bali Bombing leading to the crackdown on terrorism
in the region, Indonesia, the world's largest Muslim country, was
too vital a partner in the U.S. led war against terrorism, he
said. "Sanctions, if any, will likely be limited to those related
to military cooperation."

Indeed, Indonesian Ambassador to the U.S., Soemadi D. M.
Brotodiningrat, has said diplomatic ties between the country had
improved thanks to progress in the Bali bombing investigation.

"International interests lies more in keeping Indonesia
stable," Edy continued.

Pressure for stern punishment and the trial of senior military
officers, he said, could result in political instability.

He admitted that if Indonesia were to follow international
practice as it had promised, it would have to prosecute also
senior military officers like then Military Chief Gen. Wiranto.

"This happened with Germany, Japan and recently Milosevic," he
said referring to the charges of war crimes against Yugoslavia's
former president Slobodan Milosevic.

Hendardi and other activists warned the UN might renew its
demand for an international court, but Edy said that with the
shift in priority, chances of this happening were slim.

Foreign political analyst Dewi Fortuna Anwar however said more
importantly than pleasing foreign observers, was that the
government show Indonesians it was committed to upholding
justice.

"The trial is a positive development by itself but only if
Indonesia can show this isn't just window-dressing," she said.

The trial marked the first time military and police officers
were prosecuted over human rights abuses. But the long delays
preceding it, and state prosecutors presenting what rights
activists and the UN said were weak indictments, have dimmed
hopes of a just trial.

"PBHI's view right from the start was that this trial is
nothing but a farce," said Hendardi.

Only three were convicted over the East Timor violence. They
include former East Timor governor Abilio Jose Osorio Soares, and
former militia leader Eurico Guterres.

Abilio was sentenced to three years, and Eurico to 10 years.

Contrary to common court practice, none of the three were
immediately jailed after the conviction, pending their appeals.

"That a few individuals with links to the powers that be get
this privilege while others don't is starting to become a trend,"
said University of Indonesia criminal law expert Rudy Satrio.

He said the judges probably feared pressure from the military
and might have taken cues from earlier trials involving Bank
Indonesia Governor Sjahril Sabirin and House of Representatives
Speaker Akbar Tandjung.

Although both were sentenced to prison over graft charges,
they were allowed to walk free pending their appeals. A higher
court acquitted Sjahril last August.

Defendants of East Timor turmoil:

1. Abilio Jose Osorio Soares, former East Timor governor,
failed to prevent his subordinates from committing a number of
murders and torture in East Timor in 1999. Sentenced to three
years in jail, but free pending a verdict by the higher court.

2. Insp. Gen. Timbul Silaen East Timor Police chief, charges
similar to Abilio's. Acquitted.

3. Col. Herman Sedyono, former Covalima regent, failed to
prevent the Suai church massacre on Sept. 6, 1999 that left 27
people killed. Acquitted.

4. Lt. Col. Lilik Koesherdiyanto, former chief of Suai city,
Covalima military, charges similar to Herman's, Acquitted

5. Lt. Col Sugito, former chief of Suai military, charges
similar to Herman's, Acquitted.

6. Lt. Col. Gatot Subiakto, former chief of Suai Police
precinct. Charges similar to Herman's. Acquitted

7. Capt. Achmad Syamsuddin, former staff of Suai military.
Charges similar to Herman's. Acquitted.

8. Eurico Guterres, militia leader. Convicted of letting his
subordinates kill and torture people taking refuge in the house
of pro-independence leader Manuel Carascalao. Sentenced to 10
years in jail, but also free as he waits for appellate court be
set up.

9. Lt. Col. Endar Priyanto, former chief of Dili military,
Charged with failing to prevent the killings in the house of pro-
independence leader Carascalao. Acquitted.

10. Lt. Col Asep Kuswani, former chief of Liquica military.
Charged with failing to prevent the killing in a Liquica church
on April 6, 1999. Acquitted.

11. Lt. Col. Adios Salova, former chief of Liquica Police
precinct. Charges similar to Asep's. Acquitted.

12. Leonito Martins, former Liquica regent. Charges similar to
Asep's. Acquitted

13. Lt. Col. Soedjarwo, chief of Dili military sub-district,
failing to prevent attacks in Dili Diocese and the House of
Bishop Belo. Sentenced to 5 years in jail, free pending the
appeal.

14. Brig. Gen. M. Noer Muis, former East Timor military chief.
Charged with letting subordinates kill and torture people seeking
refuge in the residence of Bishop Carlos Belo on Sept. 5 and 6
and in Suai church on Sept. 6. Trial still underway.

15. Brig. Gen. Tono Suratman, former East Timor military.
Charged with failing to prevent the Liquica massacre on April 6
and bloody incident in the house of Carascalao on April 17, 1999.
Trial still underway.

16. Lt. Col. Yayat Sudrajat, former task force commander at
Dili military. Charged with involvement in the Suai church
massacre. Verdict not yet issued.

17. Lt. Col. Hulman Gultom, former chief of Dili Police. Same
offenses as Yayat et. al. Trial ongoing.

18. Maj. Gen. Adam Damiri, former chief of Udayana Military
Command. Charged with failing to prevent the murders and torture
in East Timor. Trial still underway.