AGE

Jakarta jails general over East Timor

August 6 2003
Jakarta

An army general was found guilty of crimes against humanity by an
Indonesian court yesterday over bloodshed during East Timor's independence
vote in 1999, ending a series of court cases that rights groups have
largely branded a whitewash.

The special human rights court sentenced Major-General Adam Damiri to three
years in jail. He was regional commander at the time of the violence and
the most senior general to be tried.

"The defendant is guilty... he committed criminal acts, which are a
violation of human rights and crimes against humanity. He is sentenced to
three years in jail," Chief Judge Marni Erni Mustafa said.

Damiri, who has always maintained his innocence, shouted loudly and raised
his arms in protest when the verdict was read out. "I feel very
disappointed with this decision," he said afterwards, adding he would appeal.

He is the last of 18 people to be tried by the court, which has acquitted
most other suspects and handed out lenient sentences to those convicted,
drawing widespread criticism from international and local human rights groups.

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The verdict came as a surprise, because in May the prosecution requested
that the charges be dropped due to lack of evidence. With Damiri, there
have been six convictions, including three military officers. Most have
appealed.

The toughest sentence was 10 years, given to a civilian.

Damiri, who faced the death penalty if convicted, had received a boost in
June when the prosecution told the court to declare him not guilty of
crimes against humanity for not taking action to prevent the violence.

Indonesia set up the special court to convince an outraged world it would
account for the carnage surrounding East Timor's vote to break free from
Jakarta's rule in August 1999, when militia gangs backed by elements in the
Indonesian military went on a killing spree.

The United Nations estimates 1000 people were killed.

The trials were another test of the judiciary's independence in a country
where the military has considerable political clout.

Rights groups have also condemned the failure of the court to try General
Wiranto, Indonesia's military commander at the time of the violence.

The deputy director of the Judicial System Monitoring Program, Nelson Belo,
said the sentence illustrated the tribunal's desire to nominally satisfy
world opinion while delivering a minimal sentence.

"Damiri was accused of major crimes in East Timor, including both the
Liquica and Suai massacres", he said.

"The verdict shows that the ad hoc tribunal has not matched up to
international standards.

"The UN gave Indonesia an opportunity to apply justice, to help it's
democratic transition, but it has failed. There is no justice for the
victims."

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