Prosecutors drop rights charges against Gen. Damiri
The Jakarta Post, Jakarta
State prosecutors dropped on Thursday all charges against Maj. Gen. Adam Damiri, the highest ranking military officer accused of crimes against humanity in East Timor in 1999, due to lack of evidence.
"We call on the court to rule the defendant not guilty as charged ... and to acquit the defendant from all charges," prosecutor Sarani Hozie told a hearing at the ad hoc human rights tribunal in Central Jakarta District Court.
His statement received loud applause from dozens of Army Special Forces (Kopassus) and Army Strategic Reserves Command (Kostrad) soldiers, who packed the courtroom.
Hozie claimed later he was not under pressure whatsoever in deciding to drop the charges.
He argued that no testimonies delivered at court since July last year had implicated the involvement of either the military or the police in the armed attacks against pro-independence groups in April and September 1999.
Damiri, former commander of the Udayana Military Command overseeing Bali, West Nusa Tenggara, East Nusa Tenggara and East Timor, was initially charged with human rights violations for failing to prevent violence in the former Indonesian province.
His subordinate at that time, East Timor military chief Brig. Gen. M. Noer Muis, was sentenced to five years in prison by the same tribunal for his failure to prevent his subordinates from committing gross human rights violations.
In one of the hearings, the judges produced a copy of a letter written by Damiri to his superior on the success of pro- integration militia groups attacking pro-independence groups, but the evidence was not recorded in the prosecutors' case.
Prosecutor Hozie put forth as mitigating considerations the fact that Damiri had been awarded the Seroja medal for service in East Timor and that the defendant had a family to take care of.
"Moreover, the defendant is polite in court and never obstructs the proceedings," Hozie said.
Damiri, currently operation assistant to the Indonesian Military (TNI) chief, had skipped the last four consecutive hearings.
Under prevailing laws, a defendant may skip court hearings three times, but on the fourth occurrence, judges are to issue a subpoena. However, no subpoena had been issued.
Thursday's hearing began at 10 a.m. with presiding judge Marni Emmy Mustafa opening the session by thanking Damiri for attending the trial. Damiri responded by apologizing for appearing in military fatigues.
"I just came from Aceh ... It's my duty not to delay the hearings, but as a soldier, I have to follow my orders. I'm not evading trial," he said.
The defense soon asked the court to skip the reading of witnesses' testimonies by the prosecutors because their client had to fly back to Aceh immediately.
The judges adjourned the court until July 1 to hear the defendant's statement.
Damiri is one of 18 security personnel and civilians brought to the rights tribunal, of which 12 have been acquitted so far. Although convicted, five others remain free pending appeals.
The ad hoc human rights tribunal and its trials are widely regarded as shams.