Thu, 17 Jun 2004

Rebels' detention may be UN-based

Fabiola Desy Unidjaja and Tiarma Siboro, Jakarta

The detention of two Aceh rebel leaders in Sweden may have been based on a UN resolution requiring member states to take action against anyone that threatens the territorial integrity of states.

The United Nations General Assembly resolution was the legal standard used by the Indonesian government to file its case against the Free Aceh Movement (GAM) members, Indonesian foreign ministry spokesman Marty Natalegawa said on Wednesday.

"We are not informed about which international law the Swedish government used in the arrest but we used that resolution earlier to support our case (sent to Sweden)," Marty said.

Two GAM leaders -- Malik Mahmud and Abdullah Zaini -- were detained in Sweden recently following a request from Jakarta.

GAM senior leader Hasan Tiro was not detained due to his poor health but he is also believed to be facing charges in Sweden, over what a Swedish prosecutor called a "grave breach of international law".

UNGA resolution No. 49/60 of 9 December 1994 says "the state members of the United Nations solemnly reaffirm their unequivocal condemnation of all acts, methods and practices of terrorism as criminal and unjustifiable, wherever and by whomever committed, including those in which jeopardize the friendly relations among states and peoples and threaten the territorial integrity and security states".

Separately, interim coordinating minister for political and security affairs Hari Sabarno said the government was considering filing a new case against Malik Mahmud in Singapore after Swedish authorities told them Malik was a Singaporean citizen.

"We don't know yet whether Swedish prosecutors can continue to proceed with his case," Hari said.

Swedish Embassy of Indonesia official Anders Bacman confirmed Malik Mahmud held Singaporean citizenship but refused to comment further.

"The Swedish prosecutors have independent authority to prosecute the case," he said.

The Indonesian Military (TNI) Chief Gen. Endriartono Sutarto on Wednesday urged GAM members to stop their activities and join with other Acehnese to help build the province.

Members of government ministries that dealt with Aceh held a meeting at Hari's office on Wednesday to respond the arrests, Hari said.

Several police officers would also be involved in the process, he said, because "we have the right to know about all previous testimonies from the leaders."

In Aceh, GAM spokesman Sofyan Dawood said the involvement of foreign investigators in the case would benefit GAM's fighters even though they had to face "an unexpected situation".

"Let the Swedish law enforcers continue with the investigation, and if the case is strong enough to be taken to court, let the court decide whether the evidence provided by the Indonesian government meets international legal standards.

"Most of the GAM witnesses were tortured by Indonesian soldiers, while the data found in a laptop is inadequate evidence," Sofyan told the Post.

Hari earlier said one important piece of evidence was the contents of a laptop owned by former GAM member Tgk. Amri who had surrendered it to the Indonesian authorities. However, Sofyan said the laptop did not explain anything because "none of the GAM leaders communicate with us."

As of midday Wednesday, Malik and Zaini were still being questioned at the Swedish prosecutor's office accompanied by their lawyer Lief Libersky. The prosecutors have the authority to question them for three days.

"If the Indonesian government thinks the arrests will weaken our struggle, they will be disappointed because we will not stop the fight," Sofyan said.