Nonmilitary courts for rights abusers: Marzuki

Nonmilitary courts for rights abusers: Marzuki

JAKARTA (JP): Chairman of the National Commission on Human
Rights Marzuki Darusman said on Wednesday that he would propose
to the government that military personnel who were allegedly
involved in past rights abuses be tried in nonmilitary courts.

Marzuki, who is also the Attorney General, made the statement
on the heels of objections from Coordinating Minister for
Political Affairs and Security Gen. Wiranto and the Indonesian
Military (TNI).

"I will raise this issue during a ministerial meeting on
political and security affairs on Thursday morning, during which
I will call for the need to immediately set up a special
tribunal," Marzuki said after attending a hearing with a special
team of the House of Representatives investigating atrocities in
Aceh.

Marzuki was present on Wednesday in his capacity as chairman
of the rights body.

He said earlier that prosecuting military personnel involved
in rights abuses in a court martial would not have any
significant political impact on the public as many believed that
the court was not independent.

"So I appeal to the House to also push for an immediate
establishment of a special tribunal to try military personnel who
were allegedly involved in the Aceh violence.

"I hope that this will not take too long because we are now
racing against time," Marzuki said, referring to the mounting
calls for a self-determination referendum in Aceh.

Marzuki, however, acknowledged that trying military personnel
in a nonmilitary court would not be easy as "a fellow within the
Cabinet and the military has been strongly resisting the idea".

"The coordinating minister for political affairs and security
and the TNI say that we can not apply new parameters (of a human
rights perspective) to past violations. This is something that is
fundamentally unacceptable," Marzuki said.

Members of the Independent Inquiry into the Aceh Violence, who
were also present on Wednesday, said that former TNI chief Gen.
Wiranto and his predecessors Try Sutrisno, Edi Sudrajat and
Feisal Tanjung were among those who should be held accountable
for initiating or sustaining military operations in Aceh.

Gen. Wiranto was also mentioned earlier as one of a number of
senior military officers allegedly involved directly or
indirectly for the violence in East Timor following the Aug. 30
ballot there, which saw an overwhelming vote against autonomy
within Indonesia.

People's Consultative Assembly Speaker Amien Rais shared
Marzuki's opinion, saying that military personnel who were
involved in rights abuses should be tried in civilian courts.

"I think the most logical solution is to open a civil court
(to try those who were involved in the violence)," Amien said
after a meeting with Supreme Advisory Council members at his
office.

He also said he believed Aceh would remain a part of Indonesia
if rights abuses in the restive province were thoroughly
resolved.

"If not, and especially if there is a self-determination
referendum, the days of this Republic will be numbered," he
added.

Amien therefore called on the government to speed up the
prosecution of alleged perpetrators of human rights in Aceh.
Amien also suggested retired and active Army generals who were
requested by the House to explain their roles in planning
military operations in Aceh to appear before the legislature.

"If they are not guilty, why should they be afraid?" he said.

House Speaker Akbar Tandjung also urged on Wednesday swift
prosecution of military officers implicated with crimes against
humanity in Aceh.

The House said on Tuesday it would summon former Armed Forces
chief Gen. (ret.) L.B. Moerdani as well as his successors Try
Sutrisno and Feisal Tanjung to explain their roles in planning
military operations in Aceh.

The three former top military leaders were expected to testify
on Saturday, Teuku Syaiful Ahmad, a member of the team, said.

The team also summoned former chief of Bukit Barisan Military
Command overseeing North Sumatra and Aceh Maj. Gen. (ret.)
Pramono, the former chief of Lilawangsa Military Command
overseeing Aceh regencies put under military operations Lt. Gen.
(ret.) Syarwan Hamid, advisor to TNI chief Maj. Gen. Zaky Anwar
Makarim and former Aceh governor Ibrahim Hasan.

Syaiful said the team might summon former president Soeharto,
who was in power when military operations to quell separatist
rebel movements in Aceh were initiated in 1988.(02/byg)