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.