JP/7 /TIMOR
JP/7 /TIMOR
Clarification
on Wiranto report
On April 19, The Jakarta Post published a report titled
Wiranto rights trial unlikely by Wahyoe Boediwardhana. The
Prosecutor General of the Democratic Republic of Timor Leste, Dr.
Longuinhos Monteiro, is accredited with comments which are
factually incorrect and an unfair representation of an impromptu
interview given to journalists in Bali on April 18.
First, the prosecutor general did not refer to any "lack of
evidence" in the case against Gen. (ret) Wiranto as being a
reason for not holding a future trial of Wiranto.
Second, the prosecutor general did not comment that he hoped
"the court would accept the indictment". In fact, Dr. Monteiro
referred to the request for an arrest warrant which was filed at
the same time as the indictment against Wiranto, six other high-
level Indonesian Military commanders and the former governor of
East Timor by the deputy prosecutor general for serious crimes
on Feb. 24, 2003. To date, the judges at the Special Panels have
taken no decision on the request to issue an arrest warrant for
Wiranto.
Third, the prosecutor general of RDTL did not say that
prosecutors had "tried to take Wiranto to court for similar
crimes" in February 2003 and January 2004 and that the indictment
"was resubmitted for the third time in February this year". In
fact, at no time since Gen. (ret) Wiranto was indicted on Feb.
24, 2003, for crimes against humanity committed in Timor Leste in
1999 has the indictment against Wiranto been withdrawn or
resubmitted by the deputy prosecutor general for serious crimes.
To clarify, the prosecutor general had referred to two
submissions to the Special Panels by the deputy prosecutor
general for serious crimes. On Jan. 28, 2004, a motion was filed
requesting a public hearing regarding the application for an
arrest warrant for Wiranto.
The motion was subsequently denied by an international judge
at the Special Panels in a decision explaining the need for
"judicial time and patience". On March 19, 2004, the
deputy prosecutor general submitted a brief in support of the
application for an arrest warrant for Wiranto to the Special
Panels, summarizing the voluminous evidence that has been filed
in support of the charges.
Accordingly, it is expected that a decision will be issued by
the Special Panels in the near future on the matter of the arrest
warrant for Wiranto.
Finally, Boediwardhana wrote: "The judges threw both
indictments out, claiming that the prosecutors had failed to
present sufficient evidence to support the serious accusations."
This statement is completely incorrect and misleading as the
indictment has never been dismissed by the judges of the Special
Panels.
The prosecutor general and the deputy prosecutor general for
serious crimes believe that the evidence provided to the court
in the case against Wiranto proves beyond doubt that, as the
former minister of defense and security and commander of the
Indonesian Military, he failed in his responsibilities as the
ultimate commander of all Army and police forces in East Timor in
1999 to prevent the commission of crimes against humanity and
also failed to punish the perpetrators.
The indictment against Wiranto and others filed with the
Special Panel for Serious Crimes on Feb. 24, 2003, remains
pending, as do all charges against the accused.
DR. LONGUINHOS MONTEIRO
Prosecutor General of Timor Leste
Dili, Timor Leste