Top officers to be tried for rights violence

Top officers to be tried for rights violence

Tertiani ZB Simanjuntak, The Jakarta Post, Jakarta

Indonesia moved closer to its first human rights trial on
Thursday after state prosecutors submitted to the Central Jakarta
Human Rights Court three dossiers indicting seven senior
officials and security officers for crimes including genocide in
East Timor in 1999.

The Human Rights Tribunal will soon establish a panel of
judges consisting of two career judges and three noncareer judges
to hear the cases.

The seven are among 18 suspects, including three army
generals, a police general and several middle-ranking officers,
indicted for the violence that occurred before, during and after
the United Nations-sponsored referendum in 1999 that saw East
Timor gain independence.

Attorney General's Office spokesman Barman Zahir said on
Thursday that two of the three dossiers dealt with alleged crimes
committed by former East Timor governor Abilio Jose Osorio Soares
and former East Timor Police chief Brig. Gen. Timbul Silaen.

The third covered crimes committed by former Covalima regent
Col. Herman Sedyono, former Suai military commander Lt. Col.
Lilik Koeshadianto, Suai Police chief Lt. Col. Gatot Subiaktoro,
Suai military commander Lt. Col. Sugito and Suai command chief of
staff Capt. Achmad Syamsudin.

"They are all charged with committing crimes against humanity
including genocide" during the September 1999 massacre in the
East Timor town of Suai," Barman told reporters at the Central
Jakarta District Court after accompanying the ad hoc prosecutors
submitting the files.

"We hope to bring them to court soon," Barman said.

At least 26 people, including a Catholic priest, were killed
when pro-Jakarta militias, backed by military and police
personnel, hurled bombs into a church in Suai after the East
Timorese people voted in favor of breaking away from Indonesia.

Before, during and after the United Nations-sponsored
referendum in East Timor in August 1999, pro-Jakarta militias,
allegedly backed by the Indonesian Military and police, went on a
bloody rampage.

They killed hundreds of people, razed entire towns, destroyed
80 percent of the former Portuguese colony's infrastructure and
forced more than a quarter of a million villagers into West
Timor.

Barman said that the ad hoc prosecutors charged the seven
suspects with violating Articles 7, 9B, and 42 of Law No. 26/2000
on the human rights tribunal.

"(The articles) they broke were serious human rights
violations including genocide and crimes against humanity. The
most severe punishment is death and the lightest punishment is 10
years imprisonment for accountability of a commander whose
subordinates committed an act of abuse," Barman said.

Ad hoc prosecutors responsible for the indictments are Ketut
Murtika for Soares' case; James Pardede for Silaen's; and Darmono
for the Suai case.

Critics say it would be preferable for the suspects to be
tried in East Timor because Indonesia's legal system is
notoriously inefficient and haphazard, and judges are often
subject to pressure from the government and military officials.

Meanwhile in Dili, East Timor leaders on Friday said they
would "wait and see" whether Indonesia will bring to justice
those responsible for the violence in their homeland.

"I hope (the Indonesian move) will signal a good start of the
justice process, but I prefer to wait and see," said East Timor's
Prime Minister Mari Alkatiri was quoted by AP.

"I am pleased with the news, it shows that some steps have
been taken and we are moving forward," East Timor's foreign
minister Jose Ramos-Horta said.

"But we have to wait and see what is going to happen," he
said. "Let's see whether those who are brought to trial will be
given the proper sentences if found guilty."

Article 7 states that gross human rights abuse includes genocide
and other crimes against humanity.

Article 9 is the list of crimes against humanity which include
destruction in point B.

Article 42 states that military officers, police officers or
civil officials can be held accountable for violating human
rights.