Rights court adjourns hearing, waits for Belo testimony

Rights court adjourns hearing, waits for Belo testimony

Moch. N. Kurniawan, The Jakarta Post, Jakarta

The ad hoc human rights court adjourned on Tuesday in a trial
against a military officer charged with crimes against humanity,
and ordered prosecutors to present key witness former Dili Bishop
Carlos Filipe Ximenes Belo via teleconference on Dec. 18.

The court was supposed to hand down a verdict on former Dili
military district commander Lt. Col. Soedjarwo on charges that he
allowed subordinates to attack the residence of Bishop Belo on
Sept. 5 and Sept. 6, 1999, and the office of the Dili Diocese. At
least 13 people were killed during the attack on the Bishop's
residence.

Judge Binsar Gultom said the human rights court was not
playing a game, and in order for it to issue a serious verdict in
the name of justice, the testimonies of key witnesses like Bishop
Belo must be heard.

"Bishop Belo has confirmed he will testify via teleconference
in the trials of Brig. Gen. M. Noer Muis and Maj. Gen. Adam
Damiri between Dec. 16 and Dec. 18.

"So we ask prosecutors to present Bishop Belo on Dec. 18, and
we'll issue the verdict on Dec. 19 or several days after that
date," he told the court, adding that the teleconference would be
funded by the World Bank.

Noer Muis was formerly an East Timor military commander, while
Adam Damiri was former chief of the Udayana Regional Military
Command, which oversaw East Timor. Noer Muis and Adam Damiri are
being tried separately.

Soedjarwo's lawyer Chandra Motik Yusuf Djemat objected to the
decision, claiming the planned teleconference was against
Criminal Code Procedures, especially Article 185.

"It's unfair. My client must now suffers losses as he was to
have received the final verdict now," she said.

Prosecutor Roesmanadi supported the decision, saying that he
may revise the indictment after hearing Bishop Belo's testimony.

"We'll follow the judge's decision today, and we'll do our
best to present Bishop Belo," he said.

Despite the objection from Soedjarwo's lawyer, judges moved on
with their decision, stressing the importance of upholding
justice.

After the court adjourned, Binsar admitted that many court
trials of human rights violations in East Timor proceeded very
poorly because prosecutors failed to present key witnesses.

"We can't continue in such a way anymore. How can we hand down
a verdict without hearing the testimonies of key witnesses and
victims?

"Now we have a chance to hear Bishop Belo's testimony, so
let's do it," he told reporters.

Human rights activists have strongly criticized the ad hoc
court for acquitting a number of military and police officers on
charges of crimes against humanity in the 1999 bloodshed in East
Timor. Over 1,000 people were killed before, during and after the
independence ballot in August 1999.

Activists have said there is no hope that the court would
punish military and police officers, for the reason that, on the
basis of their roles and duties as guardians of the nation, the
officers are not criminals and must therefore be protected.

Of the total 18 defendants, one civilian and nine officers of
the military and police have been acquitted, while only two
civilians, who happen to be of East Timorese origin -- former
Governor Abilio Jose Osorio Soares and former militia leader
Eurico Guterres - have been found guilty by the court.

Nevertheless, the two have only received minimum sentences of
three and 10 years, respectively, and they remain free as the
court did not order them to begin serving their sentences
immediately.