Sat, 06 Aug 2005

Truth commission expects tough task ahead

Wahyoe Boediwardhana, The Jakarta Post/Denpasar, Bali

Newly elected co-chairman of the Commission of Truth and Friendship Benjamin Mangkoedilaga is expecting an uphill battle in uncovering gross human rights violations in Timor Leste after the former Indonesian province voted for independence in 1999.

Benjamin, who is a former Supreme Court justice, described on Friday the body as judges who are hearing an unprecedented case.

"Frankly speaking, the time limit of two years given by the two governments may be not sufficient," Benjamin said on the sidelines of a commission meeting which ended on Friday.

During the meeting, the 10 commission members elected Benjamin and Timor Leste's Cirilio Cristovao Varadales the co-chairs of the commission, which will start working after Indonesian President Susilo Bambang Yudhoyono and Timor Leste President Xanana Gusmao inaugurate its secretariat in Denpasar next Wednesday.

Benjamin said the commission would first of all examine all documents related to the alleged crimes against humanity, including the charges, defense arguments and court verdicts in the trial of 18 Indonesian Military (TNI) officers and civilians at the ad hoc human rights court in Jakarta last year.

All but one of the defendants were acquitted by the court or won appeals at the higher courts. The 18th defendant Eurico Guterres, former leader of East Timor pro-Indonesia militia group Aitarak, remains free pending his appeal.

In an expression of distrust in Indonesia's judicial system, a United Nations team of experts has recommended a retrial of the defendants in accordance with international standards.

"Apart from the trial documents, we will also examine around 11,000 documents presented by the Timor Leste Supreme Court," Benjamin said.

He refused to identify individuals who will be interviewed by the commission members, but said they would come from the TNI, East Timor resistance group Falintil and pro-Indonesia militia groups like Aitarak.

The commission is granted the right to interview all people in possession of information considered relevant and guarantee their confidentiality if necessary.

When asked if the TNI officers to be interviewed would tell the truth, Benjamin said he chose not to speculate.

"We rely on our belief that every TNI officer will have the courage to tell the truth as they have taken an oath to do so," Benjamin said.

The UN has claimed at least 1,500 people were killed in the atrocities when military-linked militia groups went on a rampage after the East Timorese voted for independence in a UN- administered ballot.

Instead of punishment, the commission will recommend amnesty for those responsible for the atrocities, which Indonesian foreign minister Hassan Wirayuda described as "the dark chapter in the history of the two countries."