KPP HAM to subpoena defiant generals
The Jakarta Post, Jakarta
The Supreme Court refused on Wednesday to give any legal opinion to the Commission of Inquiry into Human Rights Violations (KPP HAM) probing the Trisakti and Semanggi incidents on whether or not the latter could exercise its right to subpoena military and police generals implicated in the killings.
KPP HAM Chairman Albert Hasibuan told the press after a meeting with Chief Justice Bagir Manan here on Wednesday that the Supreme Court told the team to send a letter to the President of the Central Jakarta District Court instead informing the court that it was planning to exercise its subpoena rights and to ask the assistance of the police authorities in executing the subpoenas.
"The Supreme Court argued that the investigation into the Trisakti and Semanggi killings would eventually be brought to court, so no one could interfere with the questioning, not even the Supreme Court," Albert said.
Bagir refused to make any statement to the press.
Also present at the meeting were noted lawyer Todung Mulya Lubis and commission members Munarman and Usman Hamid.
Last week, the inquiry team started summoning military and police generals believed to have been involved in the killings, but none showed up for the questioning, except a middle-ranking police officer Adj. Comr. Zulkarnain, who is the former deputy chief of the South Jakarta Police.
Albert said former National Police chief Gen. Rusmanhadi would answer the summons on Monday.
Other high-ranking military officers have refused to be questioned, arguing that "the House of Representatives has carried out its investigation and concluded that the incidents -- which killed dozens of people, including many students -- are not to be categorized as gross human rights violations."
Their stance was also supported by the Indonesian Military (TNI) headquarters, which has sent an official letter to the inquiry team informing it that they could not answer the summonses as "the cases properly fall within the jurisdiction of the military courts."
Based on Article 95 of Law No. 39/1999 on human rights, Komnas HAM is empowered to subpoena witnesses for questioning.
Albert said this right would be exercised by the inquiry team.
Those to be subpoenaed are, among others, former armed forces chief Gen. (ret) Wiranto, former Jakarta military commander Maj. Gen. Sjafrie Sjamsoeddin, former chief of the Army's Strategic Reserves Command (Kostrad) Lt. Gen. Djadja Suparman, and former Jakarta Police chief Insp. Gen. Nugroho Djajusman.
The inquiry team was established by the National Commission on Human Rights to probe alleged crimes against humanity committed during the Trisakti and Semanggi killings.
Doing an abrupt about face, the National Police said on Wednesday that its officers had their own reasons for not attending Monday's human rights hearing, held by the Commission of Inquiry into Human Rights Violations (KPP HAM).
The commission is probing the Trisakti and Semanggi incidents in 1998 and 1999, when dozens were killed following clashes between student protesters and the security forces.
Representing the National Police, lawyer Tommy Sihotang told reporters that police officers failed to show up because the Trisakti and Semanggi incidents occurred before the 2000 law on human rights tribunals was passed.
"It's understood that human rights abuses which occurred before the enactment of Law No. 26/2000, should be adjudicated by a human rights court endorsed by a presidential decree, and based upon the recommendations of the House of Representatives," Tommy said at National Police Headquarters.
He also claimed that police officers had not bothered showing up as the House itself had clearly stated that the Trisakti incident was not a "serious or gross case of human rights abuse". Despite this, KPP HAM had still summoned the police officers for questioning.
Tommy's statements came after Adj. Comr. Zulkarnain, the deputy chief of the South Jakarta Police when the Trisakti killings occurred in 1998 complied with the inquiry's summons for questioning on Monday.
National Police spokesman Brig. Gen. Edward Aritonang said on Wednesday that Zulkarnain had not been questioned at the hearing.
"Zulkarnain only gave clarifications ... nothing else. He has not signed a single document connected with any questioning conducted by KPP HAM," Edward said.
In a related development, lawyers representing nine police officers convicted of shooting the students during the Trisakti incident appealed to a higher court on Wednesday.
They said the panel of judges sitting in the Jakarta Military Court had issued faulty verdicts on the low-ranking Mobile Brigade (Brimob) officers. The officers were sentenced to between three years and six years in jail on Jan. 30.
"That particular panel of judges needs to be examined by a legal forum for passing sentences without the existence of adequate evidence or testimony," lawyer Hotma Sitompul told reporters on Tuesday.
"During the hearing, the weapons allegedly used to shoot the students, which had been seized by the Military Police, were never presented. Only a single bullet was presented. Besides, not a single one of the military officers involved were ever put on trial."