Rights activists slam TNI over summons
Tiarma Siboro, The Jakarta Post, Jakarta
A human rights group slammed the Indonesian Military (TNI) on Wednesday for refusing to answer a summons by the Commission of Inquiry into Human Rights Violations (KPP HAM) for the Trisakti, Semanggi I and Semanggi II incidents, saying the rejection showed their lack of understanding of the role of KPP HAM.
The National Commission on Human Rights (Komnas HAM) Secretary General Asmara Nababan told The Jakarta Post on Wednesday that KPP HAM was established to investigate gross human rights violations in the three incidents.
"The rejection by TNI headquarters of a summons issued by the commission demonstrates that they do not understand whether or not the House (of Representatives) can issue a legal recommendation," Asmara said, referring to the House's earlier decision of no violations.
"We have sent other letters to the TNI chief (Adm. Widodo A.S.) to explain the matter and hopefully he will meet us within the next two or three days. If they insist on rejecting the plan, we will use our subpoena powers to force them to comply with our summons," Asmara said.
Commission member Hendardi said KPP HAM had yet to disclose any names of high ranking military officers or high ranking police officers, to be questioned.
He, however, implied that "some of the commanders at the operational level up to the officers who were in charge in making policies" could be queried.
"But it is quite possible that generals that have been questioned by the House will again be summoned by us," Hendardi said.
On Monday the TNI leadership said a KPP HAM investigation is irrelevant and they saw no need to comply, since the House had already conducted their investigation concluding that there were no gross human rights violations in the shooting incidents.
According to Asmara, the conclusion was not a legal decision and therefore Komnas HAM may embark on a fresh round of investigations.
Four Trisakti University students were shot to death in May 1998 after they held a demonstration against Soeharto's New Order regime, triggering wide-spread riots across the country that forced the former president to step down in disgrace.
The Semanggi I and II incidents, on the other hand, occurred during the short tenure of B.J. Habibie, Soeharto's successor, as thousands of students demanded politicians, including the military, to introduce sweeping reforms. The protests were, however, repressed by security personnel.
Bowing to mounting public demands, the House established a special committee in 2000 to probe the cases and questioned several army and police generals, including former Armed Forces Gen. (ret) Wiranto, former National Police chief Gen. (ret) Dibyo Widodo, former Jakarta Military commander Maj. Gen. Sjafrie Sjamsoeddin, former Jakarta Police chief Insp. Gen. Hamami Nata, and former Army Strategic Reserves Command (Kostrad) chief Lt. Gen. (ret) Prabowo.
The legislators, however, issued a controversial conclusion saying that there were no gross human rights violations in the fatal shooting incidents in which 30 young people, mostly students, were killed and therefore the cases should be tried in a military tribunal.
Responding to the conclusion, Komnas HAM established a Commission in August 2001 and sought the TNI headquarters' permission to question some senior generals allegedly involved in the incidents.
The TNI headquarters, through its legal department chief Maj. Gen. Timor P. Manurung recently rejected the plan saying that such a probe was "irrelevant and against existing laws."
Separately, Wiranto said that the TNI had rejected the plan because the cases had been politicized and ignored the principle of presumption of innocence.
He also said that the TNI did not intend to violate human rights as "they were only trying to guard the country from more massive riots, as well as to secure the national agenda."
"I hope the political elites understand that their current positions were secured because of our (military) action and sacrifice," Wiranto warned.