TNI refuses to cooperate over abductions
Tiarma Siboro, The Jakarta Post/Jakarta
The Indonesian Military (TNI) has said it will not cooperate with the National Commission on Human Rights (Komnas HAM) in its investigation of the abductions of pro-democracy activists during the Soeharto regime.
The TNI said Komnas HAM had no legal grounds to question active and retired Army officers about the abductions, which occurred during 1997 and 1998, before Soeharto stepped down in 1999.
"Active and retired soldiers have the right to reject any summons from the team," the military said in an official statement on Friday.
"We are consistent in the enforcement of the law in the country, but we will oppose any mechanisms we consider unfair," it said.
"The establishment of a team to probe the forced disappearances violates Article 4 of Law No. 39/1999 on human rights, which strictly bans the use of the principle of retroactivity. As we know, investigations into human rights abuses must be based on a certain period and place."
The human rights law was enacted in September 1999.
The TNI said retroactive investigations were only possible if the president issued a decree establishing an ad hoc rights tribunal, at the recommendation of the House of Representatives.
This was done to establish ad hoc tribunals to try rights cases from East Timor in 1999 and Tanjung Priok, North Jakarta, in 1984.
"The enforcement of the law must not ignore the rights of other people," the statement said.
In a related development, two retired Army officers, Gen. (ret) Wiranto and Lt. Gen. (ret) Prabowo Subianto, as well as the current secretary-general of the Ministry of Defense, Lt. Gen. Sjafrie Sjamsoeddin, failed to appear at the Komnas HAM office on Friday for questioning over the abductions.
The head of the Komnas HAM team investigating the abductions, Ruswiati Suryasaputra, said on Friday the team would send a second summons to the generals next week.
"If they refuse to appear at our office after a third summons is issued, we will subpoena them," Ruswiati said.
The team also plans to summon nine other active and retired officers, including Lt. Col. Chairawan, who currently heads the Lilawangsa Military Command overseeing security in northern and eastern Aceh.
Ruswiati, however, refused to identify the other officers, citing fears of a "negative reaction from the military".
"There is evidence the abductees were seen in areas belonging to the military. Therefore, we need to coordinate with the TNI in a bid to find their whereabouts," Ruswiati said.
She also denied the establishment of her team had no legal basis.
"I do not know why the TNI is accusing us of violating Law No. 39/1999, which authorizes Komnas HAM to set up teams to monitor human rights abuses, even without a political recommendation from lawmakers," she said.
The team is one of seven teams established by Komnas HAM to investigate forced disappearances, including two cases in the troubled provinces of Papua and Aceh.
"We have a responsibility to the families of those victims whose fates remain unknown today," Ruswiati said.