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)