'Jakarta, Dili not serious about human rights cases'
'Jakarta, Dili not serious about human rights cases'
Fabiola Desy Unidjaja
The Jakarta Post
Jakarta
A human rights activist has expressed doubts that Indonesia and
East Timor are serious about resolving the question of human
rights abuses in the former Indonesian province as both are still
lack the necessary legal instruments to deal with the cases.
Bambang Widjoyanto, who is also a former chairman of the
Indonesian Legal Aid Foundation (YLBHI), also expressed regret
that both the Indonesian and East Timorese governments had
decided to place more emphasis on diplomatic ties than justice.
"The two countries never sit down and discuss the legal
arrangements for the trying of the perpetrators of human rights
abuses," Bambang told The Jakarta Post.
"They merely bring up the human rights issue to satisfy their
domestic constituents, but lack any real intention of resolving
the outstanding issues," he added.
He was commenting on the issue of repeat indictments by the
Dili district court against the Indonesia Military (TNI) generals
and mid-ranking officials who have been implicated in the spate
of violence the hit the country in 1999.
The Indonesian government, however, says the Dili district
court does not have extraterritorial jurisdiction, and has no
power to indict non-East Timorese citizens.
The district court indicted another five TNI officers on
Thursday, but refused to name the suspects or give details so as
to protect witnesses.
The announcement was made only one day after the court
indicted 16 other Indonesians, including eight TNI officers, for
human rights abuses.
Last month, six high-ranking TNI officials, including
Gen.(ret) Wiranto, were also indicted for causing the mayhem that
occurred before and after the 1999 self-determination ballot.
The Indonesian government has repeatedly said that it will not
be influenced by the indictments arguing that the Timorese courts
have no jurisdiction over Indonesians. It also points to the fact
that the two countries do not have an extradition agreement.
Indonesian Minister for Foreign Affairs Hassan Wirayuda has
said that both governments had agreed to focus on the future and
stop bickering over past mistakes.
"These indictments are totally out of line with the good faith
displayed by both governments in forging healthy bilateral ties,"
the minister said.
He reiterated the Indonesian view that the jurisdiction of the
Timorese court only covered East Timor and did not extend to
Indonesian citizens.
Earlier, East Timor's President Xanana Gusmao also expressed
regret at the court's move, but underlined that his government
could not interfere with the judicial process.
Bambang said that there were many issues between Jakarta and
Dili still pending since East Timor's breakaway, and the two
countries had decided to ignore justice for the sake of these
issues.
"Without adequate legal instruments, how can we extradite
suspects or even send a witness to testify during a trial. And I
don't see any sign that the two governments are intending to make
any such arrangements," he said.
Bambang also pointed out that after the international
community had lost interest in the human rights' abuses that had
occurred in East Timor, only lip service would subsequently be
devoted to the legal process by the two governments.