Prosecutors drop rights charges against Gen. Damiri

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.