Military-Mega deal 'behind' delay of ad hoc trial

Military-Mega deal 'behind' delay of ad hoc trial

Kurniawan Hari, The Jakarta Post, Jakarta

Critics have urged the government of Megawati Soekarnoputri to
speed up the ad hoc trial of military officers accused of human
rights violations in East Timor in 1999 and Tanjungpriok,
Jakarta, in 1984.

Failure to expedite the trial could spark speculation that the
government has deliberately dragged its heels in dealing with the
military officers.

Last March, Megawati established an ad hoc tribunal but, so
far, nothing has happened because the President has yet to give
her approval of judges to preside over the cases.

The names of 30 judges have been submitted; however, the
President has repeatedly delayed signing off on their
installation. This has baffled not only the public, but also the
justices of the Supreme Court who recommended the prospective
judges to handle the case.

Similarly, the government has promised that the trial will
begin Jan. 15. But this date is now in question, as there has
been no indication of when Megawati will make her selections.

Initially, government officials planned to open the trial in
September but, due to technical reasons, the date was pushed back
to November. Then a December date was announced only to be moved
up again to this month.

Human rights activists have voiced fears that the delays are
the price that President Megawati must pay as part of a political
deal with the military in exchange for its support for her
government.

"We believe (Megawati and military) have compromised the
matter," said Ori Rachman, coordinator of the Commission on
Missing Persons and Victims of Violence (Kontras).

The lack of transparency in the recruitment of the ad hoc
judges itself has posed a big question for the activists.

Ori, for example, wonders why the non-career judges are being
considered -- selected from a pool of experts at human rights
study centers at major state universities -- without full
explanation to the public.

The National Commission on Human Rights (Komnas HAM) has
further revealed that 33 people were killed in the 1984
Tanjungpriok incident when security forces fired on protesters
demanding the release of their colleagues.

The charges of crimes against humanity in East Timor were
leveled in the wake of violence sparked by a UN-organized
referendum on East Timorese independence from Indonesia.
Militias, backed and financed by the military, went on a spree of
killing and destruction in the former Portuguese colony.

The high profile case implicated top Indonesian military
leaders, including Gen. Wiranto, the former Indonesian Military
chief.

Worried about the future of the tribunal, the executive
director of the Human Rights and Legal Aid Association (PBHI),
Hendardi, also believes the "Megawati-military conspiracy" theory
because the President owed the old military forces their support.

"I am certain there is political deal" between Megawati and
the military, Hendardi said.

Benjamin Mangkoedilaga, chairman of the team preparing the ad
hoc trial on East Timor, said he had selected 17 career judges.
"They will team up with non-career judges," he told the Jakarta
Post over the weekend.

Supreme Court Secretary Sartono says he is also puzzled by the
delay. He noted that he has not heard from the President since he
submitted the list of judges in November.

"The there has been no response," he told the Post.