Prosecutors seek 10 years for Tono Suratman

Tiarma Siboro, The Jakarta Post, Jakarta

Government prosecutors sought on Monday the minimum 10-year jail sentence for former East Timor Military commander Brig. Gen. Tono Suratman for his failure to prevent a spate of human rights abuses before and after the 1999 self-determination ballot in East Timor.

"The defendant, in his capacity as military commander of the East Timor Military, failed to prevent violence from taking place, thereby causing human rights abuses. Therefore we demand the court to sentence him to 10 years imprisonment," prosecutor G. Simangunsong told the human rights tribunal which was presided over by judge Andi Samsan Nganro.

According to Simangunsong, the defendant also failed to take necessary measures to stop his subordinates from committing rights abuses. "It all can be seen, for instance, from the consecutive attacks on people taking refuge at a church in Liquica on April 5 and April 6, 1999, as well as the attack on the residences of pro-independence East Timor leaders Manuel Viegas Carrascalao and Leandro Isaac in Dili on April 17, 1999, or some four months before the ballot was conducted," he said.

The attack on the church claimed nine lives, while the attacks on the residences of Manuel and Leandro claimed 12 civilians, including Carrascalao's teenage son Manuelito.

The military, who was in charge of security at the time, has blamed the mayhem on the prointegration militias, which were trying to prevent separatism.

The prosecution request was made after it was delayed for technical reasons last week. It was in line with Law No. 2/2000 on the rights tribunal carrying a minimum punishment of 10 years in jail.

Simangunsong cited that the defendant's dedication was a mitigating factor that led prosecutors to propose the minimum sentence.

"The defendant was a dedicated Army soldier in East Timor and was quite cooperative during the trial," he said.

Tono is one of 18 former East Timor officials the human rights tribunal is trying or has tried for their involvement in a series of human rights abuses in the territory in 1999. Eleven of those were acquitted. Five more were given light sentences and two more, including Tono, are awaiting verdicts.

The acquittals and light sentences have sparked strong criticism from domestic and international human rights groups, some of whom recently accused both countries of a lack seriousness over the human rights abuses.

Prosecutors had earlier brought former chief of Liquica military district Lt. Col Asep Kuswani, former chief of Liquica Police precinct Lt. Col. Adios Salova and former Liquica regent Leonito Martins to the ad-hoc human rights court for their alleged involvement in the Liquica incident. The court acquitted them from all charges.

Tono expressed his objection to the prosecution request, saying he would prepare rational arguments to show the panel of judges his innocence in the court session on Monday.

Along with Tono, Maj. Gen. Adam Damiri, former chief of the Udayana Military Command is also facing charges in the rights tribunal.

Previously, the tribunal sentenced Brig. Gen. A. Nur Muis, also former East Timor Military chief who succeeded Tono, to 10 years imprisonment, but like all the others convicted, he was not ordered to go to jail, pending appeal.