Rebels' detention may be UN-based
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.