RI 'should accede to United Nations, extradite 17 people'
Tertiani ZB Simandjuntak and Yogita Tahilramani, The Jakarta Post, Jakarta
Human rights activists urged the government on Wednesday to extradite 17 former militia members and military personnel indicted in East Timor for crimes against humanity there, saying the charges against them did not involve ordinary crimes.
Usman Hamid of the National Human Rights Inquiry Team (KPP Ham) said that no extradition treaty was needed for gross human rights violations.
"Indonesia should fulfill the United Nations' request and hand over those men to international prosecutors because these are no ordinary violations ... it is not a matter of one or two or three murders," Usman said.
Munir of the Commission for Missing Persons and Victims of Violence (Kontras) concurred with Usman, highlighting the fact that Indonesia had no choice but extradite those indicted.
"An extradition treaty between East Timor and Indonesia is not needed in the case of such extraordinary human rights violations. Moreover, the United Nations is working towards officially requesting that Indonesia extradite the 17 men," Munir said.
A memorandum signed in April 2000 by Indonesia and UNTAET stipulated that both parties shall "afford to each other the widest possible measure of mutual assistance in investigations or court proceedings." However, the memorandum falls short on provisions for extradition.
According to Munir, the Indonesian government and military were afraid that the 17 indicted, if extradited to East Timor, would reveal the TNI's role in recruiting, training and arming militia members before, during and after the UN-sponsored referendum in East Timor in 1999.
"Indonesia and the TNI fear that once extradited, the men will talk of how TNI, as an institution, and its generals, had created, developed and trained pro-Jakarta militias, fully armed them and funded them," Munir said.
"The TNI is just protecting its own generals involved in the killings and needs to shrug off the responsibility of having conducted gross human rights violations in East Timor."
A statement from the United Nations Transitional Administration in East Timor (UNTAET) said the charges included "murder, persecution and other inhumane acts."
The UNTAET press office stated on Wednesday that it would be willing to share "all of the evidence" that its investigators had gathered on the case with Indonesia.
"At the same time, our investigators are ready to go to trial. We would like Indonesia to hand over the 17 accused so we can proceed with that trial," UNTAET said in a statement sent to The Jakarta Post.
Meanwhile, the human rights tribunal ad hoc prosecutors are scheduled on Thursday to file the first of three indictments in respect of the 1999 East Timor human rights violations with the Ad Hoc Human Rights Tribunal at the Central Jakarta District Court.
Attorney General's Office spokesman Barman Zahir said on Wednesday that the three separate indictments involved seven of the 19 suspects believed to have played important roles in the 1999 mayhem in East Timor. He refused to give the names of the suspects or specify the charges laid against them.
Barman added that the remaining nine indictments were still being kept on hold given the limited number of ad hoc judges and the courtrooms available, especially considering that each of the cases needed to be heard by five judges.
He also added that UNTAET had pledged cooperation in producing witnesses who are residing in East Timor. Such cooperation would be based on the Memorandum of Understanding signed in April 2000.
Indonesians indicted in East Timor
1) Eurico Guterres, Aitarak militia leader; 2) Manuel Sousa, district-level commander in BMP militia; 3) Joas Sera, district-level vice commander in BMP militia; 4) Floriano da Silva, district-level commander in BMP militia; 5) Marculino Soares, district-level commander in BMP militia; 6) Tome Diogo, TNI intelligence officer; 7) Jose Mateus, TNI member; 8) Antonio Gomes, TNI member; 9) Antonio Bescau, TNI member; 10) Antoninho Martins, TNI member; 11) Teofilo da Silva Ribeiro, TNI member; 12) Abilio Lopez da Cruz, TNI member; 13) Jorge Viegas, TNI member; 14) Mateus Metan, BMP member; 15) Domingos Bondia, BMP member; 16) Fernando Sousa, BMP member; 17) Armindo Carrion, BMP member.