Rights commission's report gets mixed reactions

JAKARTA (JP): The National Commission on Human Rights has won plaudits from the legal community for its bold report about irregularities in the controversial trials of people charged with involvement in the murder of labor activist Marsinah.

Government officials, however, showed irritation at the report, with one even questioning the validity of its findings.

"The Commission certainly has guts," Trimoelja D. Soerjadi, one of the lawyers defending suspects in the murder trials, told The Jakarta Post yesterday.

Two other lawyers, Hendardi and Mulyana W. Kusumah from the Indonesian Legal Aid Foundation, also expressed satisfaction and surprise over the Commission's report.

They urged the authorities to act on the findings.

The Commission announced on Monday that its fact-finding team found "indications" that the suspects being tried for the murder of Marsinah were tortured and that some of their rights had been denied during their arrests and subsequent interrogation.

The Commission urged the authorities to look into the possibility that others besides the suspects may have been involved in the murder.

The investigation was launched after the suspects complained that they had been tortured by their interrogators to extract confessions that they committed the murder.

Brig. Gen. Syarwan Hamid, the chief spokesman of the Armed Forces (ABRI), told the Antara news agency that the commission should have presented its findings to the courts, not the public.

By announcing the results at a press briefing, the commission has further stirred public opinion, which could affect the trials, he said.

Minister/State Secretary Moerdiono reminded the Commission members that the body was not established to "take over the duties of other institutions, such as the apparatus in charge of investigation, examination, as well as the courts."

Moerdiono added: "With all due respect to the Commission, evaluation of any finding should be carried out carefully."

Moerdiono declined to say that the Commission was acting beyond its authority, but expressed surprise that the Commission had found new evidence in such a relatively short time.

"I am not saying that it acted beyond its authority, and I don't know for sure whether there is really a fact finding team," he said. "In my experience, fact-finding teams take a long time to work."

Many people in the legal community, however, said they were encouraged by the Commission's bold move and urged its members to take the cause further by recommending that the Supreme Court halt the trials in view of the report.

"The finding shows that the Commission has fulfilled its duties and roles," Mulyana, the executive director of the Indonesian Legal Aid Foundation, said.

"Further investigations of those other possible suspects, as well as into the torture, should also be launched immediately," Hendardi said.

Mulyana called on all parties and institutions to respect and heed the findings and to develop corrective and preventive measures against other violations of human rights.

Trimoelja also urged the East Java police and military command respond to the findings by taking action against any violators inside their ranks.

"What I have seen so far is that they still tend to cover up," Trimoelja said. "The police have even shown cynicism by questioning the Commission's finding about the possibility of new suspects in the case."

The Surabaya-based Surya daily quoted the East Java police spokesman Lt. Col. Ahmad Rivai yesterday as expressing astonishment at the Commission's findings.

Legislators Oka Mahendra and Andi Mattalata from the Golkar faction and Soetardjo Soerjogoeritno from the Indonesian Democratic Party (PDI) faction all welcomed the commission's finding.

Oka said the new findings should be seen as a challenge for the state's legal system and the authorities to reveal the other people involved in the murder case, and to take appropriate legal measures.

"The public is waiting," he said. "However, the question now is, which institution will be responsible to take those follow up measures?"

Mattalata said the Commission's finding does not have legal binding over the courts, but would serve to "move the people's sense of justice."

In its report, the Commission said it found unwarranted intervention by the local military agency in the affairs of PT Citra Putra Surya, apparently confirming earlier suggestions that the local military chief took the initiative to fire striking workers, which led to further labor protests and ultimately Marsinah's murder. (swe)