Law expert clarifies

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