JP/7/NUG
JP/7/NUG
Dili indictment based on history of command responsibility
Nug Katjasungkana
Contributor
Dili
On Tuesday, the Dili-based Office of the Prosecutor General of
Timor Leste issued an indictment of former military commander
Gen. (ret) Wiranto and six other officers who served in East
Timor, as well as former governor Abilio Jose Osorio Soares, of
crimes against humanity. The following are excerpts of an
interview with the Prosecutor of the Serious Crimes Unit, Stuart
Alford.
Question: What evidence do you have of the link between the
Indonesian Military (TNI) and the militia in East Timor in 1999?
Answer: Militias were part of TNI's ability to commit violent
acts. The evidence we have collected shows quite clearly that TNI
was in control, in effective control, over the militia groups.
That evidence comes from witness statements -- 1,500 witness
statements -- which support the conclusions we've reached.
We believe evidence from witnesses who were here -- some from
people here, the militia, TNI personnel, civilian authorities --
leads to the conclusions in the indictment. Nothing in the
indictment is speculative ... We based the charges on the
evidence we have collected and can prove them in court against
the men charged.
We have identified seven of the eight men -- except Wiranto --
as playing a part in forming and establishing the militia by the
issuing of instructions -- particularly to subordinate TNI
officers -- giving money for weapons, or by their verbal support
and cooperation which, given the intent of the militia groups,
clearly demonstrate that the support of the TNI hierarchy was
important -- they knew the militia could commit these crimes
without being punished. The evidence is clear they were not
punished.
How does Wiranto's responsibility differ from the others'?
Wiranto is the only man in this indictment against whom we
don't have evidence of personal participation, by which I mean we
don't have evidence of the things he said or orders he gave,
which directly led to the establishment of militias.
But throughout the whole period, he had command authority over
all of the men charged, apart from Soares, and all TNI personnel
who were here in 1999. During that period, it is clear that not
only men in command, but all ranks and levels of TNI soldiers,
were involved in crimes. Some of these are the men at the end of
the chain of command using knives and weapons to kill people, but
nonetheless these were men under Wiranto's command.
It goes further: Wiranto had command responsibility, but
because of the relationship between TNI and the militia groups,
he ultimately had control over militia groups as well, because
the militia groups were controlled by TNI subordinates.
Wiranto was repeatedly told by the press, members of the
international community, and East Timorese leaders that TNI
soldiers and militia groups were committing crimes throughout
East Timor.
We use the long and growing history of command responsibility
-- arguments developed at trials in the Hague, in Rwanda, after
World War II in Japan and the Nuremberg trials in Germany. This
is one in a long line of cases, the most recent of which is the
(Slobodan) Milosevic trial in the Hague (on war crimes in
Bosnia).
Cooperation from Indonesia would be needed to take these
people to court. What if Indonesia does not want to deliver them
to Timor Leste?
We believe that the process in East Timor against these eight
men is getting as far as we can take it. We have investigated,
analyzed the evidence, filed the indictment with the Dili
District Court and arrest warrants are in process and will be
issued soon. Once obtained, they will be sent to the Attorney
General in Indonesia, and also lodged and filed with Interpol,
which means that any other Interpol country has the obligation to
enforce the arrest warrants.
We believe it will require something outside of East Timor to
bring these men to court in East Timor -- Interpol or
international or diplomatic pressure, or pressure from
organizations and individual countries to see that something is
done.