Uneventful start to East Timor rights trial

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.