Legislators back Military's defiance over rights inquiry
Kurniawan Hari and Tiarma Siboro, The Jakarta Post, Jakarta
House of Representatives legislators turned a deaf ear on Monday to demands for military and police officers to appear for questioning at a human rights inquiry in connection with three high-profile incidents in 1998 and 1999.
In a hearing with the Indonesian Military's (TNI) top brass, members of the House Commission I for political, defense and security affairs threw their weight behind both the TNI and the National Police, which put up a fight against the summons issued this month by the Commission for Inquiry into Human Rights Violations (KPP HAM) during the 1998 violence at Trisakti University and the Semanggi incidents in 1998 and 1999.
"The decision of the legislators concerning the incidents in Trisakti and Semanggi must be used as the basis for further legal action. The House has never proposed for more inquiries into those cases," Ibrahim Ambong said as he read the summary of the hearing, which was attended by TNI chief Adm. Widodo A.S., Army Chief Gen. Endriartono Sutarto, Navy Chief Adm. Indroko Sastrowardoyo, and Air Force Chief Air Marshal Hanafie Asnan.
The House recommended in July last year that no human rights violations took place in the three incidents. Shortly thereafter, then president Abdurrahman Wahid issued a decree that allowed the National Commission on Human Rights to set up the inquiry team.
A number of military and police generals on duty when the incidents broke out have been summoned, but none of them have appeared.
The agreement between the TNI and the legislators on Monday came three days after Vice President Hamzah Haz suggested that the officers comply with the summons. Hamzah, however, reminded the KPP HAM that the officers' reputation was at stake.
During the hearing, the head of TNI's legal affairs section Maj. Gen. Timur P. Manurung said the military headquarters had never received a summons from the inquiry commission.
"As of today, there has been no summons to the military headquarters for questioning. There are only two requests from the inquiry for a hearing with the TNI commander," Manurung said.
Like the House, Manurung questioned the authority of the inquiry to investigate the three incidents.
"The TNI will obey the summons if it is sent by a legitimate and authorized institution. There is no reason to follow the summons (sent by the inquiry)," he said.
Manurung said as far as he understood Law No.26/2000 on Human Rights Trials and Law No.39/1999 on the National Commission on Human Rights, there was no legal basis for any inquiry into past crimes against humanity.
He also said the inquiry had presumed the officers guilt because it would file dossiers with the human rights court based on the questioning.
Separately, the newly formed Ad Hoc Tribunal Watch Coalition demanded a review to the existing laws related to human rights because they fail to cut through the veneer of impunity that military officers have had in alleged past human rights abuses.
It said the law on human rights courts opened the door for political bargaining, since the law authorizes the House, instead of law enforcers, to determine which cases should go to the rights trial.
"The law allows legislators to make compromises with the military and the national police, which will never accept responsibility for past abuses," Hendro Nurchayo of the University of Indonesia said.
Munarman of the Commission for Missing Persons and Victims of the Violence (Kontras) said the law was created to appease international pressures on the country over past human rights abuses, particularly those in East Timor.
"The Law will only fulfill the international demand by sacrificing certain military officers of lower level, But it will not punish the top brass," Munarman said.
Ifdal Kasim of the Institute for Policy Research and Advocacy (Elsam) said the international community was allowed to interfere if the ad hoc trial does not bring those responsible to justice.