Military refuses to testify in May 1998 riots inquiry

Military refuses to testify in May 1998 riots inquiry

Tiarma Siboro and Muninggar Sri Saraswati, The Jakarta Post, Jakarta

The Indonesian Military (TNI) is defending its stance in ignoring
a subpoena by an inquiry of the National Commission on Human
Rights (Komnas HAM) into the deadly 1998 May riots, arguing that
the investigation has no legal basis.

TNI's legal department head Maj. Gen. F.X. Sukiman says that
its military officers are ready to testify if Komnas HAM employs
the existing laws in the country as the legal basis for its
inquiry.

"Go ahead with the inquiry. But we object to Komnas HAM's
summoning of generals and former generals without prior approval
from the House of Representatives," he told reporters in a press
conference at the military headquarters on Friday.

Sukiman was referring to Article 43 of Law No. 26/2000 on
human rights tribunal. Paragraph 1 of the article stipulates that
a human rights tribunal is responsible for the prosecution of the
perpetrators of human rights violations.

Paragraph 2 of the same article stipulates that the tribunal
is conducted following a proposal from the House.

The military has frequently invoked the article to avoid
Komnas HAM's inquiries into possible rights violations. They used
the same argument to avoid the inquiry into the fatal shooting of
students in the Trisakti and Semanggi incidents in 1998 and 1999.

Salahuddin Wahid, who heads the Komnas HAM team for the May
riots, maintains they have the legal authority to summon victims,
witnesses and other parties suspected of committing rights
violations, and to ask the court's help to bring those people for
questioning.

"They (TNI) have their legal argument, so do we. Therefore, we
have asked the court to settle the dispute," he told reporters in
his office.

The commission has asked the Central Jakarta District Court to
subpoena some 20 former and active military and police officials
over the case after the officials ignored Komnas HAM's summons
twice.

Those to be subpoenaed include former Armed Forces chief Gen.
(ret) Wiranto, former Army's Strategic Reserves Command chief Lt.
Gen. (ret) Prabowo Subianto and former Jakarta Military commander
Maj. Gen. Sjafri Sjamsoeddin.

Salahuddin argued that "it is true that paragraph two of
Article 43 requires that a tribunal is only made possible through
a proposal from the House. But how can the House make the
proposal without charges presented by the human rights tribunal?
Charges can only be made after an inquiry."

Salahuddin said the commission would resume their inquiry
without testimonies from the military officers if the court
rejected their request.

The result would be submitted to the Attorney General's
Office, he said.

Komnas HAM is seeking further evidence after concluding that
the state had violated people's rights during the May 13 and May
14 riots, which took more than 1,200 lives across the country. No
state security officers were around to stop the rioters and
prevent the tragedy.

Komnas HAM is a state apparatus established under Law No.
39/1999 on human rights. It is mandated to examine legislation
related to human rights, to educate the public about human
rights, to observe and investigate human rights implementation
and to mediate between disputing parties over human rights
violations.