Rights tribunal law not retroactive

Rights tribunal law not retroactive

JAKARTA: The Constitutional Court rejected on Thursday a
challenge by former East Timor governor Abilio Jose Soares
against the constitutionality of the Human Rights Tribunal Law
(No. 26 of 2000).

Constitutional Court President Jimly Asshidiqie in his
judgment said that the legislation did not violate the
constitutional prohibition on retroactivity, as claimed by
Abilio.

Abilio brought the challenge as he considered his trial before
the rights tribunal to be unlawful as it was based on Article 43
(1) of the law, which states that the rights tribunal can hear
rights violation cases that occurred before the enactment of the
legislation.

The rights tribunal convicted Abilo of involvement in East
Timor atrocities in 1999 and jailed him for three years. The
Supreme Court later acquitted him after he requested a review of
his conviction. -- JP