Only justice can build Dili-Jakarta relationship

Only justice can build Dili-Jakarta relationship

Aderito de Jesus Soares, Center for Constitutional Rights
(CCR), New York City

Jakarta's "theater of justice on East Timor" is nearing its
end, when the ad hoc human rights tribunal on Tuesday sentenced
Maj.Gen. Adam Damiri to three years in jail for his involvement
in the 1999 devastation in East Timor, while letting him free
pending his appeal. The court has so far acquitted 12 of the 18
brought to trial.

The Jakarta court is clearly a sham, despite its verdict on
Maj.Gen. Adam, and the trials have been flawed, unfair and
unprofessional. From the outset, it was inconceivable that an
independent court could be run by the same people who have long
been involved in such a corrupt justice system.

The situation is worsened by the powerlessness of the Special
Panel Court established by the UN in East Timor, to bring the
"big fish" in Jakarta to trial.

There is no other alternative to uphold justice but to
establish an international tribunal to process the atrocities
that took place in East Timor. This is to serve the interests of
both East Timor and Indonesia.

For East Timorese victims, the enforcement of justice will
help them build a new future with their new state and will also
respect their dignity as a nation.

As for Indonesia, holding accountable those who committed
heinous crimes will deter others and will help prevent similar
atrocities in Aceh, West Papua and elsewhere in the archipelago.
A tribunal could also act as a starting point to reform the whole
judiciary in Indonesia, as well as being a real effort to move
towards real democracy.

The Indonesian judicial system has failed. It has lost
credibility in the eyes of the Indonesians and the international
community. Post-Soeharto political reform in Indonesia will never
be accomplished until its military is held accountable for past
human rights abuses. East Timorese victims should not have to
wait while Indonesia's judicial system is reformed and rebuilt.

Since the August 1999 referendum, East Timorese leaders have
worked hard to strengthen ties with Indonesia at the cost of
justice. Visits to Jakarta by East Timorese foreign minister Jose
Ramos-Horta, Prime Minister Mari Alkatari and President Xanana
Gusmao demonstrate this commitment.

Two years ago, Xanana gave a "warm hug" to the notorious Army
Special Forces commander Lt. Gen. (ret) Prabowo Subianto, son-in-
law of former president Soeharto. Human rights advocates were
deeply disappointed by Xanana's warmness toward the general, who
has been accused of serious human rights violations in both
Indonesia and East Timor. They were surprised by how easily East
Timorese leaders put aside the past.

The East Timorese government has acted pragmatically in
establishing its relationship with the Indonesian government for
several reasons. This is especially true when it comes to dealing
with the brutal abuses committed by the Indonesian Military in
East Timor.

First, the tiny and poor country still faces the possibility
of retaliation by Jakarta.

Second, subversive activities by rogue military elements and
militias remain a strong possibility, as shown by attacks
allegedly carried out by military elements and former militias in
January and last December.

Finally, Dili has strong economic interests, especially
regarding trade with Indonesia. Costs are substantially lower
when East Timor buys goods from Indonesia rather than Australia.

East Timor's president and foreign minister have consistently
advocated this pragmatic position, especially when it comes to
prosecuting Indonesian officials who orchestrated gross human
rights violations in East Timor.

Prime Minister Mari Alkatiri's stance was different in the
beginning. He has openly described the ad hoc human rights court
in Jakarta as seriously flawed and called for an international ad
hoc tribunal. Unfortunately, on his recent visit to Jakarta, the
Prime Minister softened his position by declaring that his
government would not push for an international tribunal.

All three leaders now share the same view that the
international community bears the chief responsibility to
advocate and establish an international tribunal. While
recognizing that serious abuses have taken place, they want to
avoid offending Jakarta, and so refuse to publicly call for the
most likely methods of holding top officials accountable.

Examples of gross human rights violations that fall under the
categories of crimes against humanity and war crimes during
Indonesia's occupation are legion. Indeed, the UN Independent
Commission of Inquiry specifically called for an international
tribunal to try those who committed such crimes in East Timor
during the post-referendum massacre. However, the UN put the
recommendation on hold when it gave the Indonesian government a
chance to try the alleged perpetrators through its own judicial
system.

It is nearly impossible even to try and imagine that those who
were responsible for the massacre will be punished for their
crimes against humanity, if we only depend on Indonesia's
generosity. Therefore, an international court should be
established to process these crimes against humanity.

The writer is a human rights lawyer from East Timor, who
obtained a Masters in Law from New York University Law School.