Marzuki allows UN prosecutors to quiz Eurico
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)