Rights body alleges AGO-TNI 'deals' in E. Timor cases

Rights body alleges AGO-TNI 'deals' in E. Timor cases

A'an Suryana, The Jakarta Post, Jakarta

The landmark human rights trial for atrocities in East Timor
more than two years ago has commenced, but disappointment
persists as the Attorney General's Office fails to prosecute the
top leaders implicated by the commission of inquiry into the
crimes against humanity.

Secretary general of the National Commission on Human Rights
(Komnas HAM) Asmara Nababan said the Attorney General's Office
was tarnishing any sense of justice here in the human rights
violations cases for its continued failure to heed the inquiry's
recommendations that former Indonesia Military chief Gen. (ret)
Wiranto and several other top officers in power when the crimes
against humanity took place be indicted.

"Failure to further investigate the role of the military's top
brass in the high profile cases will tarnish the image of
Attorney General's Office before the public," he said.

Mandated by Komnas HAM to investigate the mayhem in East Timor
after its independence vote in September 1999, the inquiry listed
30 military and civilians as persons held responsible for the
violence. Wiranto was among those questioned, but excluded from
the list.

There have been no exact figures of casualties, some sources
say more than 1,000 dead, but at least 250,000 East Timorese were
forced to flee the territory by military transport in September
1999. The massive logistical operation was expected by the
military, according to former East Timor military commander Col.
Noer Muis, one of the suspects in the case.

After its investigation led by then Deputy Attorney General
for General Crimes M. Rachman, the Attorney General's Office
announced last year 18 suspects in the case, with former Udayana
Military commander Maj. Gen. Adam Damiri, former East Timor
governor Abilio Soares and former East Timor Police chief Brig.
Gen. Timbul Silaen heading the roster.

The trials of Abilio, Timbul, four middle-ranking military
officers and a police officer are underway, with the remaining
suspects in the on deck circle as their dossiers await
completion.

Asmara said Wiranto, former military intelligence body chief
Maj. Gen. Zacky Makarim and former Army deputy chief Lt. Gen.
Johny Lumintang should also stand trial for their alleged
involvement in the gross human rights abuses.

TNI leaders have questioned the legitimacy of the ongoing
human rights trial on grounds that a recent constitutional
amendment rules out any trial of rights cases that took place
before the human rights court was established.

The amendment of Article 28I of the constitution made in
November 2000 protects anyone from being prosecuted retroactively
under newly enacted laws.

Asmara said the processing of the dossiers for the exempted
military officers, including the three generals, was a must.

"Should the state prosecutors fail to process the dossiers,
the public will start to question whether there are some back-
room deals going on between the suspects and the Attorney
General's Office," he stated.

Asmara conceded that Komnas HAM had no intention of summoning
the attorney general over his office's sluggish works, however.

"It is the public, including the House of Representatives
(DPR), that should summon members of the Attorney General's
Office, since this case is a public case. We want to avoid public
perception that the case merely involves the Komnas HAM and the
attorney general," he said.