Marzuki allows UN prosecutors to quiz Eurico

JAKARTA (JP): Attorney General Marzuki Darusman said on Wednesday that the government would allow United Nations administration prosecutors in Dili, East Timor, to interrogate militia leader Eurico Guterres during his detention here.

The decision was apparently taken after the United Nations administrators in East Timor filed a formal request on Tuesday for Eurico to be handed over for trial in Dili.

Instead of allowing Eurico's extradition, the Attorney General's Office has opted to allow UN prosecutors access to Eurico who was arrested here last week.

The request was filed under the framework of the memorandum of understanding on cooperation in legal, judicial and human rights- related matters signed between the Indonesian government and the UN Transitional Administration in East Timor (UNTAET) in April.

The memorandum stipulates that both sides will afford each other the widest possible measure of mutual assistance in investigations.

The scope of assistance includes assisting in the availability of detained persons, ensuring service of judicial documents and related information, executing arrests and facilitating the transfer of persons.

Indonesia in May already invoked the articles of the memorandum to request documents compiled by UNTAET for the purpose of the Attorney General's Office's investigation into human rights violations in East Timor.

A court in East Timor has also reportedly issued a warrant for Eurico's arrest for his alleged involvement in two attacks in the former Indonesian province last year.

The memorandum also stipulates that in reviewing a request for transfer of persons, the general principle is that an individual shall be held responsible in the jurisdiction where the crime was committed.

However, if the request is turned down, the requested party must submit the case to its own authorities for prosecution.

Indonesian prosecutors have also named Eurico, 27, as one of the 22 suspects in the violence in East Timor. However, his arrest in Jakarta last week was for his alleged role in ordering his followers to repossess arms after initially handing them over to the authorities on Sept. 24.

Eurico is being charged with violating Article 160 of the Criminal Code which carries a maximum sentence of six years imprisonment.

Separately, four members of the House of Representatives visited Eurico at National Police Headquarters on Wednesday to give support to the militia leader.

The four legislators were Astrid S. Susanto of the Love the Nation Democratic Party, Yasril Ananta Baharuddin of the Golkar Party, Asnawi Latief of the Muslim Community Awakening Party and Paulus Widiyanto of the Indonesian Democratic Party of Struggle.

However, they stressed that their visit was a personal one and was not conducted on behalf of the House.

"We just want to say to Eurico to be patient and consider (his detention) as a misfortune," Asnawi added.

"No matter what, Eurico is a patriot who stood up for the merah-putih (the national flag) in East Timor so we ask the government to consider that," Asnawi remarked.

Yasril, who chairs the House's Commission I on defense, security and foreign affairs, stressed that the visit was not meant to interfere with the legal process.

"We're just asking the police to consider the psychological aspects of the arrest and what Eurico has done (for the country)," Yasril said.

After meeting with the militia leader for about two and a half hours, Asnawi said that during the meeting, Eurico demanded that the government resolve the East Timor issue.

"Eurico said that if the government did not come up with a resolution soon, he would ask for diplomatic asylum from a third country," Asnawi said. (jaw/mds)