Law expert clarifies

I would like to correct the misquotation of my comments that appeared in the article entitled Indictments weak: Experts in The Jakarta Post on Aug. 23.

First I want to clarify that the comments I made were in my capacity as professor in international law, not as dean of the School of Law at the University of Indonesia. I understand that in the Indonesian context, one's position in bureaucracy is more important than one's status as a professor. However, it is misleading to say comments on substantive issue are made by a dean of a law school that does not have any relevance.

Secondly, I have never made the comment: "We can't deny the fact that the court is being used to serve the interest of the military. This will more or less discourage people to bring their cases to the court."

I acknowledged that at one point in the interview your reporter asked me whether there was a "political element" in the cases. I said that I didn't think there was a political element influencing the Human Rights court. In my view the court has acted professionally. I even said the trials were not a sham and if there were doubts people needed to see how the cases were conducted and read the prosecutors' arguments and the judges' decisions.

The only concern I have is if there is any "political element" in the attendance of the trials, which are mostly attended by military subordinates in military uniform, as it may influence the judges conducting the trials. On that note I also stated I had the impression Western countries used the case as a political instrument to intervene in internal affairs of developing countries, including Indonesia.

Third, on the wider issue raised in the article of weak indictments, I said to your reporter these weak indictments were not purposely made by the prosecutors. Rather, it was due to the misinterpretation or misperceptions about the concept of Command Responsibility by the prosecutors. The prosecutors and many law enforcement agencies had understood the concept as not in accordance with international criminal law, but as the responsibility borne by superiors.

Thus, the prosecutors tried to convict the wrong people as superiors and it would be natural for a court to acquit those persons. It is for this reason I regret the misquotation of the Post when it said: "Hikmahanto...blamed the prosecutors' unwillingness to press appropriate indictments as the main reason why high-ranking military officers walked free".

As professor of law I try to give an explanation that will enlighten the public, not to side with certain parties. It should be acknowledged that I am neither a government official nor a human rights activist.

HIKMAHANTO JUWANA Professor of Law University of Indonesia Jakarta