TNI refuses to cooperate over abductions

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.