[asia-apec 1841] Indonesian Judges Will Not Provide Long-Delayed Justice for East Timor
John M. Miller
fbp at igc.org
Tue Jan 15 08:48:51 JST 2002
For Immediate Release
Contact: John M. Miller, 718-5967668; mobile: 917-690-4391; john at etan.org
Newly Appointed Indonesian Judges Will Not Provide Long-Delayed Justice for
East Timor
Rights Group Urges International Tribunal Covering Entire Occupation
January 15, 2002 -- The East Timor Action Network (ETAN) said today that
Indonesian President Megawati Sukarnoputri's last minute approval of judges
for an ad hoc court on East Timor does not alter its view that the court
will not bring to justice all, or even most of, those responsible for war
crimes and crimes against humanity committed in East Timor.
"The multiple delays in establishing the court, its limited jurisdiction,
and the continued impunity with which the Indonesian military operates
throughout the archipelago only reinforce our belief that the special
Indonesian court will be a sham," said John M. Miller, spokesperson for
ETAN. "The Indonesian military remains too powerful and the courts too
corrupt. Without an international tribunal, those most responsible for
Indonesia's scorched earth campaigns in East Timor will escape punishment,"
he added.
Over the weekend, Indonesia's chief security minister Susilo Bambang
Yudhoyono said Megawati had finally approved the names of judges to the
court. It remains unlikely that any trials will actually begin this month
as previously announced. As head of the team deciding prosecutions for
crimes in East Timor, M.A. Rahman, now Attorney General, advocated only
prosecuting low-ranking officers.
In September 2000, Indonesian prosecutors named 23 suspects, the highest
ranking a two-star general, for violence surrounding 1999's referendum on
independence. The list was later whittled down to just 19, following the
murder of one militia leader and the claim by the Attorney General's office
that they could not find several others. The list of suspects, shortened
from a January 2000 list issued by the Indonesian Human Rights Commission,
does not reach to the highest levels of the military command implicated by
United Nations and other investigations.
Last August, the Megawati administration amended the decree establishing a
special human rights court on East Timor. The revised decree falls far
short of fully addressing the military's role in orchestrating the violence
and devastation. It only covers selected incidents from April and September
1999 in three out of East Timor's 13 districts.
"No one will be tried for the many atrocities that occurred outside of
those time periods and locations, or for the coordination of the
scorched-earth campaign by senior level security forces personnel. The many
crimes specifically directed at women will also not be prosecuted. Many
East Timorese victims and witnesses will be too afraid to travel to
Indonesia and will not testify," said Miller.
"These limitations mean that the military's role in orchestrating the
violence and devastation throughout 1999 will not be fully addressed and
meaningful convictions are unlikely. Further, no one responsible for
Indonesia's 1975 invasion of East Timor and most of the massive crimes
committed during Indonesia's two decades of occupation will be held
accountable," he added.
On October 24 2001, a coalition of East Timorese non-governmental
organizations (NGOs) wrote the United Nations, "We all must face the
reality that... [Indonesian courts are] not capable of holding those
responsible to account. After initial glimmers of hope, subsequent
political turmoil and instability and ensuing continual revisions to the
mandate and scope of any Ad Hoc Tribunal which is to be established, ha[ve]
clearly demonstrated that Indonesia is both incapable and unwilling to take
responsibility for prosecuting those culpable for the crimes against
humanity in East Timor."
The NGOs called for an international tribunal to prosecute those
responsible. The same conclusion was reached by the UN's International
Commission of Inquiry on East Timor. The NGOs said that prosecutions are
"necessary for the nation building process of and reconciliation for East
Timor. Instead, we are facing the dark reality of such impunity
characterizing our future."
Last September, a U.S. District Court held Indonesian General Johny
Lumintang liable for $66 million in damages. The judge's decision, in a
lawsuit on behalf of six East Timorese victims of military and militia
violence in 1999, found Lumintang, vice chief of staff of the army at the
time, "both directly and indirectly responsible for human rights violations
committed against" East Timorese in 1999. Lumintang is not among the
suspects to be prosecuted by Indonesia.
Following the August 30, 1999 UN-organized referendum, the Indonesian
military and their militia systematically destroyed East Timor, murdering
at least 1500 East Timorese, destroying over 70 percent of the
infrastructure and raping hundreds of women. Hundreds of thousands were
forced from their homes.
The East Timor Action Network/U.S. (ETAN) supports human dignity for the
people of East Timor by advocating for democracy, sustainable development,
social, legal, and economic justice and human rights, including women's
rights. ETAN has 28 local chapters throughout the U.S. For additional
information see ETAN's web site (http://www.etan.org).
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John M. Miller Internet: john at etan.org
Media & Outreach Coordinator, East Timor Action Network
48 Duffield St., Brooklyn, NY 11201 USA
Phone: (718)596-7668 Fax: (718)222-4097
Mobile phone: (917)690-4391
Web site: http://www.etan.org
Support ETAN, to contribute go to http://etan.org/etan/donate.htm
Send a blank e-mail message to info at etan.org to find out
how to learn more about East Timor on the Internet
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