Rights commission's report gets mixed reactions

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)