Uneventful start to East Timor rights trial
Tertiani ZB Simanjuntak, The Jakarta Post, Jakarta
Indonesia began its first ever human rights trial under close public scrutiny and wariness on Thursday as the country put its international reputation on the line in the landmark cases.
While many hope the trials would free the albatross hung around the country's neck since the 1999 mayhem in East Timor, the proceedings did not resolve lingering concerns as to the extent of accountability. It even raised trepidation that charges may be dropped in less than six months due to legal technicalities.
Hundreds of people, including activists, UN and embassy staff and the curious from numerous countries, squeezed into a courtroom at the Central Jakarta District Court compound to be part of the historic, albeit uneventful, hearing.
After the two indictments against East Timor's former governor Abilio Soares and former police chief Brig. Gen. Timbul Silaen were read, the defense raised objections and the court was adjourned till March 19.
Both are charged with crimes against humanity for the events that occurred in the former Indonesian province.
The two, facing a total of 12 separate charges, are the first of 18 suspects to be brought before the court.
Five of the accused -- four middle-ranking officers and one civilian -- will appear on Tuesday.
Lawyers for Soares and Silaen separately forwarded a list of objections on Thursday, including questioning the court's judicial authority and the validity of the retroactive clause in the Human Rights Law under which they are charged.
These objections forced the court to adjourn what was already expected to be a protracted trial which must race against time to reach a verdict.
In the indictment read by general prosecutor I Ketut Murtika, Soares allegedly failed to stop subordinates from committing rights abuses and turning the perpetrators in.
If found guilty he faces between 10 to 20 years in jail.
Silaen is charged with Article 9 line a, on the killing of civilians, and line h.
General prosecutor James Pardede who read Silaen's indictment noted that this crime carries a maximum sentence of death.
Both are also charged with Article 42 which holds that superiors are accountable either by giving a direct command or by omission leading to acts of rights abuses.
Soares' team of lawyers, who include P.F. Tolin, Juan Felix and Indriyanto Seno Adji, told the court that they sought a People's Consultative Assembly review of the retroactive clause in the rights tribunal law which they claim is contradictory to the second amendment of the constitution forbidding the prosecution of past crimes.
Silaen's nine-member defense team, who includes Hotma Sitompoel, Ruhut Sitompul and Tommy Sihotang, also presented an objection note which argued the Central Jakarta Human Rights Court had no authority to convene the trial since the alleged crimes took place in East Timor.
They neglected to mention however that under a presidential decree rights abuse cases fall directly under the jurisdiction of the Attorney General's Office and thus negates the domicile clause commonly adopted in regular cases.
However both panels of judges, who took turns to hear the separate cases, adjourned proceedings till March 21.
Though the trial is likely to become technical in the next few weeks, it is likely to remain in the spotlight.
Indonesia has rejected the idea of an international tribunal.
One lingering question which will likely remain unsolved, regardless of the trial's outcome, is why more senior military commanders at the time were not being tried.