Many doubt independence of rights tribunal

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).