Judges key to probe into Trisakti, Semanggi cases

Tiarma Siboro, The Jakarta Post, Jakarta

The much-awaited questioning of military and police officers in connection with the past incidents in Trisakti University and Semanggi will be up to judges, a lawyer from the commission of inquiry investigating the cases says.

Noted lawyer Todung Mulya Lubis said on Thursday the judges should allow the inquiry, which was set up by the National Commission on Human Rights (Komnas HAM), to subpoena the officers, who had defied the summons recently.

"Only the lack of a reform spirit will prevent the judges from supporting the Inquiry's summons, considering that the Law No. 39/1999 on human rights authorizes the National Commission on Human Rights to investigate any case of rights abuse," Todung told The Jakarta Post.

"Such a right cannot be canceled out, even by a political decision made by the House of Representatives and the government."

His statement came after the Supreme Court refused to give a legal opinion over the dispute, saying it was not supposed to interfere. Chief Justice Bagir Manan told members of the Commission of Inquiry into Human Rights Violations investigating the incidents to bring the dispute to the Central Jakarta District Court.

Bagir also received on Wednesday the Indonesian Military (TNI) representatives, who insisted on defying the Inquiry's summons because the House had ruled that the Trisakti incident in May 1998 and Semanggi bloodshed in September 1999 and November 1999 were not human rights violations.

According to Bagir, the Inquiry should send a letter to the chief of the Central Jakarta District Court informing it of the plan to exercise the subpoena rights and to ask for assistance from the police in executing each subpoena.

"But it must be understood that the subpoena rights are mandated to Komnas HAM, therefore such a letter must be sent by Komnas HAM itself, or by the Inquiry team after being delegated by the Commission," Bagir reminded.

Article 95 of Law No. 39/1999 stipulates that the National Commission on Human Rights is able to exercise its subpoena rights to force witnesses to appear for questioning.

Todung further criticized the Supreme Court's reluctance to solve the dispute.

"In certain cases, the judges are supposed to make laws instead of just complying with the law," he said.

The Inquiry team was established last year by Komnas HAM after winning support from former president Abdurrahman "Gus Dur" Wahid to probe alleged crimes against humanity committed during the Trisakti and Semanggi killings. The decision came just after the House special committee said it did not find evidence of crimes against humanity in the incidents that left dozens of people killed.

According to the law, the House has the authority to decide whether a case should be brought to a rights tribunal.

The Inquiry had once asked for the cooperation of the TNI headquarters to allow its high ranking officers and senior officers, believed to have been involved in the killings, to be questioned as witnesses.

The TNI, however, refused to fulfill the summons, saying that the House had recommended to the government that the case was supposed to proceed at the military tribunal instead of the rights tribunal.

The Inquiry team began summoning military and police generals for questioning last week, but so far none of them has turned up. Only a middle-ranking policeman appeared on Tuesday.

The team has rearranged the questioning and sent the new summons to the officers.

New schedule for questioning of military/police officers

Thursday, Feb.7: Former National Police chiefs Gen. Dibyo Widodo and Gen. Rusmanhadi, former Jakarta Police chief Comr. Gen. Noegroho Djajoesman.

Friday, Feb.8: Former Armed Forces chief Gen. (ret) Wiranto, former Jakarta Police chief Insp. Gen. Hamami Nata, former West Jakarta Military District commander Lt. Col. Amril Amien.

Monday, Feb.11: Former East Jakarta Police chief Adj. Sr. Comr. Timur Pradopo, police officers at the Jakarta Police headquarter Comr. Arthur Damanik and Adj. Comr. Aqil.

Tuesday, Feb.12: Former military taskforce chief Col. Priyanto, former Jakarta Military Police chief Col. Hendardji, the Jakarta Military Command spokesman Lt. Col. DJ Nachrowi.

Wednesday, Feb.13: Former Jakarta Military Commander Maj. Gen. Sjafrie Sjamsoeddin, former South Jakarta Police Adj. Sr. Comr. Hari Priyanto, former Jakarta Military Command staff Col. George Toisutta.

Thursday, Feb.14: Former Army Strategic Reserves Command (Kostrad) chief Lt. Gen. Djadja Suparman, former Central Jakarta Police chief Adj. Sr. Comr. Iman Haryatna, the National Police HQ officers Adj. Sr. Comr. Tjiptono and Adj. Sr. Comr. Soelistyono.