Prosecutors crucial to rights cases: Lawyers
Prosecutors crucial to rights cases: Lawyers
Muhammad Nafik, The Jakarta Post, Jakarta
Justice will remain elusive if the government's move to
install 60 judges for human rights courts is not complemented by
the appointment of prosecutors, rights lawyers asserted on
Wednesday.
"The move is a progressive step, but the appointment of
prosecutors is also important," Hendardi, director of the
Indonesian Legal Aid and Human Rights Association (PBHI), told
The Jakarta Post on Wednesday.
He argued that many cases involving human rights violations,
such as atrocities in East Timor and Aceh, have frequently been
incorrectly classified as common crimes because of inexperienced
or unprofessional prosecutors.
Efforts to resolve the cases of human rights abuses, which
have damaged Indonesia's reputation at home and overseas, should
not only focus on the appointment of judges, but prosecutors as
well, he said.
"Otherwise, we miss the substance of the problem and the
masterminds of the crimes can evade justice," he added.
Hendardi was commenting on the government's plan to install at
least 60 career and non-career judges for permanent and ad hoc
courts to try major human rights cases.
He said the appointment of judges was a positive move to try
the unresolved human rights cases if they met the required
criteria, such as having broad awareness of national and
international laws on human rights.
Hendardi suggested the selection of judges be made transparent
and involve public assessment.
"However, the selection process seems to be simple. Ideally,
the Supreme Court should announce the candidates publicly, so the
people are able to assess," he said.
Todung Mulya Lubis, another prominent human rights lawyer,
said he could not provide any assessment as to whether the
selected judges would be able to meet the requirements.
"I can't assess the judges until after they are appointed. The
nominees are undergoing training now," Todung, who is also one of
the trainers, told the Post on Wednesday.
The selected judges should understand human rights issues and
laws, he said, and should be able to read the people's
uncompromised demand for justice.
"They should also have a broad legal outlook, a strong
commitment and recognized integrity."
Todung said that he hoped the appointment of judges would be a
step forward in efforts to resolve the cases of gross human
rights violations.
"They are expected to be able to deliver justice for the
nation and other relevant communities, unlike the current
judicial system, which could be called a failure," he said.
Minister of Justice and Human Rights Yusril Ihza Mahendra said
on Monday that the government hoped to install the new judges by
December at the latest. About half of the judges would be
comprised of non-career appointments, he added.