KPP HAM to subpoena defiant generals

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."