RI opens historic: East Timor tribunal
The Jakarta Post, Jakarta
Two and a half years after violence swept East Timor, Indonesia will convene on Thursday its first ever human rights trial as it attempts to bring those allegedly responsible to justice.
Barring unforeseen delays, the ad hoc tribunal will begin to hear the case against former East Timor police chief Maj. Gen. Timbul Silaen and former governor Abilio Soares who are both charged with omission.
On Tuesday, the court will also hear the case against four middle-ranking officers and one civilian who are charged with an attack on a church in Suai.
Sentences could range from 10 years to a maximum of death.
The seven are among 18 suspects charged with a total of 12 cases of rights abuses in the former province, before and after the UN ballot in August 1999.
The trial is of enormous significance.
The East Timor trial serves as a gauge for the fate of other rights cases, particularly the 1984 Tanjung Priok shootings.
It is also the first case to come under the breakthrough law on Human Rights Tribunal in 2000.
The newly built courthouse in Central Jakarta will be under the full glare of the international spotlight.
Indonesia, under the threat of an international tribunal, insists that it will deal with rights offenders under its own laws. This trial is a chance for Indonesia to prove itself.
The United States, Indonesia's most prominent arms supplier, has broken off ties until justice in East Timor is served.
While the start of the trials is some encouragement, human rights activists remain wary.
They fear, for example, that the charge of genocide will be dismissed as the term entails the annihilation of the population.
But charges against the suspects involve the deaths of dozens in separate incidents, and thus may not be perceived as genocide.
Another concern is that Human Rights Tribunal Law No. 26/2000 defines "omission" as a direct premeditated attack. It differs from the Rome Statutes, which does not specify a direct attack.
The law also neglects the "forced displacement of people", which in the case of East Timor caused over 100,000 to flee across the border.
While there remains skepticism, President Megawati Soekarnoputri gave on Wednesday a big boost to the trial when she signed two crucial regulations on the protection of witnesses and victims of rights abuses; and compensation for rights victims.
While the absence of regulations will not immediately jeopardize the trials, its existence will help smooth over potential snags.
Minister of Justice and Human Right Yusril Ihza Mahendra said on Wednesday played down the last minute signing.
"Witnesses won't testify until after several hearings, which won't be for several weeks," he remarked.
Separately, Maj. Gen. Timor P. Manurung, head of the Indonesian Military's legal department, said TNI headquarters fully supported the legal plight of its officers in the trial.
Timor insisted that the officers "were only doing their duty".
On Wednesday afternoon, several judges also met to discuss preparations.
"I'm ready, I have studied the indictment," remarked Judge Heru Susanto, who will sit on the panel of judges on Thursday.
Regulation No. 2/2002 on Protection for Witnesses and Victims of Human Rights Abuses
Protection of witnesses and victims include:
* Safeguarding personal safety
* Concealing identities
* Court testimony without being seen by the accused
Request for protection is made to:
* The National Human Rights Commission
* The Attorney General's Office
* The courts
* Security forces
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Regulation No. 3/2002 on Compensation, Restitution and Rehabilitation of Victims of Human Rights Abuses
* The state is required to provide compensation in the event the person responsible is unable to provide for the remuneration set by the court. The execution of payment will be the responsibility of the Ministry of Finance. * Should the victim be deceased, the heirs and successors are entitled to receive the restitution/compensation ordered by the court.