Police and army officers acquitted of rights abuses
Police and army officers acquitted of rights abuses
Moch. N. Kurniawan, The Jakarta Post, Jakarta
Six military and police officers charged with crimes against
humanity for their failure to prevent or stop the bloody violence
in East Timor in 1999 were acquitted on Thursday, one day after
former governor Abilio Soares was sentenced to three years
imprisonment on the same charges.
Former East Timor police chief Brig. Gen. Timbul Selaen was
declared not guilty of charges on Thursday by a panel of five
judges of the ad hoc Human Rights Tribunal at the Central Jakarta
District Court.
State prosecutors had charged Timbul with failure to prevent
or stop his subordinates from committing systematic torture and
killings in the former 27th province of Indonesia.
The judges, presided by Judge Andi Samson Nganro, said they
found no evidence that linked Timbul to the widespread,
systematic murder and torture in various locations in East Timor
in 1999.
Numerous massacres were carried out by pro-integration
militiamen who had links with the police. They also said a police
officer was involved in human rights violations but not upon
Timbul's orders.
The same court also acquitted five lower-ranking police and
army officers of crimes against humanity before and after the
independence vote for East Timor in 1999.
The judges, presided by Judge Cicut Sutiarso, said they found
four army officers and a police officer not guilty of the primary
charge of being linked to the killing of 27 East Timorese in the
Ave Maria church in Covalima's capital city of Suai on Sept. 6,
1999.
Prosecutor of Timbul's case James Pardede said he would appeal
the verdict, while prosecutor for the lower-ranking army and
police officers Darmono said he would consider the verdict for a
week before taking any action.
The verdicts immediately drew criticism from noted human
rights activists who considered the sentences an insult to
justice.
They also warned that Thursday's verdicts, along with the
earlier decision, could lead the United Nations to set up an
international tribunal if the United Nations considers the
verdicts unfair.
"The judges and prosecutors do not have the courage to resolve
the case. Prosecutors have failed to present strong evidence,
thus prompting judges to free military and polices officers who
were in charge in East Timor," Todung said.
"It is difficult to understand why those charged with
participating in the attack on unarmed civilians inside the Ave
Maria church in Suai have been acquitted," said Social Advocacy
and Study Institute (Elsam) director Ifdhal Kasim in his press
statement.
The Commission for Missing Persons and Victims of Violence
(Kontras) activist Ori Rachman agreed with Todung.
"We have questioned the credibility of the judges and the
prosecutors since the cases were opened.
"Evidence and witnesses presented by the prosecutors are all
weak, so how can we expect a fair trial," Ori told The Jakarta
Post.
Ori doubted that the higher court would be able to overturn
the verdict if judges were not credible and the evidence was
still the same.
UN High Commissioner for Human Rights Mary Robinson voiced
concern on Thursday over the first verdict on the former East
Timor governor, and urged the Indonesian government to take all
steps necessary to ensure that thorough investigations are
conducted into alleged human rights violations in East Timor in
1999.
She said the prosecutor had not put before the court evidence
that portrayed the killings and other human rights violations as
widespread or systematic pattern of violence.
"... this seriously undermines the strength of prosecution's
cases and jeopardize the integrity and credibility of the
process," she said in a statement available to the Post.
Hundreds of East Timorese were killed in bloody violence
perpetuated by military-based militiamen before, during, and
after the Aug. 30 referendum in East Timor, in which more than 70
percent of its population voted to separate from Indonesia.
The rights tribunal was set up to accommodate international
pressure to try military and civilian officials responsible for
the violence.
A total of 18 civilians and military officers, including three
Army generals, have been brought to trial.
Those tried in human rights trials on East Timor
(Name, position, Verdict):
1. Abilio Jose Osorio Soares, East Timor governor, 3 years in jail;
2. Brig.Gen.Timbul Silaen, East Timor Police Chief, acquitted;
3. Col. Herman Sedyono, Covalima regent, acquitted;
4. Leut.Col.Lilik Koeshardiyanto, chief of Suai military sub-district,
acquitted;
5. Leut.Col Sugito, chief of Suai military sub-district, acquitted;
6.Leut.Col.Gatot Subiakto, chief of Suai Police precinct, acquitted;
7. Capt. Achmad Syamsuddin, staff of Suai military sub-district, acquitted.