Many doubt independence of rights tribunal

Tiarma Siboro, The Jakarta Post, Jakarta

While the human rights tribunal's ad hoc judges have yet to hear their first case, many people have already expressed doubts about whether such cases will be free from politicking.

M. Rifqie Moena of the Research Institute for Democracy and Peace (RIDeP) and Ori Rachman of the National Commission on Missing Persons and Victims of Violence (KONTRAS) expressed their concerns on Saturday about whether President Megawati Sukarnoputeri would have the courage "to send the perpetrators of human rights violations to trial without putting her political position in danger."

Rifqie questioned whether there was any bargaining power as between civilian politicians and the military over cases classified as gross human rights violations.

"I don't believe the politicians can put the law before their political interests since we all know that any decision to bring all human rights violations to court will have political consequences, including those concerning position and power as well as support from the military," Rifqie said, pointing out that the military still occupied a prominent role in the country's day-to-day politics.

"I've even heard that the Presidential Decree appointing the ad hoc judges is full of legal loopholes such as limitations on the places in East Timor where the violence took place," Rifqie told The Jakarta Post on Saturday.

Amid mounting pressure from the international community and domestic Muslim groups, President Megawati issued a decree on Monday appointing 18 non-career judges to work together with 12 career judges in hearing two cases -- the 1999 violence in East Timor and the 1984 bloodshed in Tanjung Priok, which are considered as gross human rights violations.

However, three other cases deemed as gross human rights violations -- the Trisakti case, and Semanggi I and semanggi II incidents -- have been deliberately left out following a controversial recommendation from the House of Representatives last year that "the Trisakti, Semanggi I and Semanggi II killings are not categorized as gross human rights violations."

The ethnic clashes in Sampit, Central Kalimantan, which took place between February and April of last year are also excluded from the rights tribunal's remit as the National Commission on Human Rights (Komnas HAM), which conducted an investigation last year, declared the massacres not to be gross human rights violations.

At least 357 people, mostly Madurese, were killed in the massacres, while hundreds were injured and over 28,000 people forced to flee.

The government also has yet to show any intention of investigating the rights violations that have taken place in the sectarian conflicts in Poso, Central Sulawesi, and Maluku, which together have claimed more than 10,000 lives.

Rifqie said that should the government be serious in addressing rights violations across the country, it must also consider trying violations conducted by the military in the restive province of Aceh.

"The Acehnese have long been awaiting such a trial, but I don't understand why the government hasn't made it its top priority," Rifqie said.

Separately, Ori condemned the loopholes contained in Law No. 30/1999 on Human Rights as "it gives too much power to the politicians in the House to interfere in judicial matters."

"In many rights violation cases, the legislators have the power to drop them in accordance with their own political interests. Should this country have a willingness to stop such violence, as well as to make the perpetrators wary, they (the government and the House) must amend the law," said Ori, referring to the law's Article 89 (4).