Justice...
When?
by John M. Miller
As Indonesia's election season heated up, Indonesian General Wiranto's
presidential campaign brought renewed attention to his status as
an indicted human rights violator in East Timor. ETAN's statement
demanding that Wiranto stand trial, not stand for office, was widely
reported after he became the nominee of the Golkar Party. Earlier
this year, the U.S.
State Department leaked that it had placed Wiranto and seven other
officials on a visa watch list. The joint UN-East Timor Serious
Crimes Unit (SCU) in Dili had indicted all of them for crimes against
humanity on February 24, 2003.
Prosecutors in East Timor, frustrated by delays, went to the Special
Panels court to press for arrest warrants for Wiranto and others
in Indonesia. The prosecutors even issued a public brief outlining
their case against the general-turned-politician. The damning accumulation
of evidence gave lie to his and other top officials' denial of knowledge
and involvement in the pre- and post-referendum terror in 1999.
Starting in January, Indonesia's Supreme Court began reporting
its rulings on appeals from prosecutors and defendants in Jakarta's
widely-criticized Ad Hoc Human Rights Court. The court upheld the
acquittals of former East Timor police chief Timbul Silaen and Kopassus
Colonel Yayat Sudrajat.
By a three-to-two margin, the Indonesian justices also upheld the
acquittals of four military officers and one police official for
their roles in the Suai church massacre, the worst single atrocity
of 1999. One dissenting justice called the five guilty of "acts
of omission."
"They knew there was killing in the church," he said.
"They were outside the church." He called the attack "a
crime against humanity," and a "part of the broadly based
and systematic attack which happened in East Timor."
The high court did uphold a three-year sentence against East Timor
native José Abilio Osorio Soares, the last Indonesian-appointed
governor of East Timor. The appeals concerning 10 others remain
pending.
International Actors
In March, international backing for Indonesia's invasion and occupation
received attention when East Timor's truth commission (CAVR) held
a three day Public Hearing on Self-Determination and the International
Community. CAVR chair Aniceto Guterres Lopes said, "Positions
taken by international institutions during the 24 years of the conflict
were central to what happened in Timor-Leste throughout this time
and the ultimate outcome."
Long-time ETAN activist Brad Simpson, working with the Washington
D.C.-based National Security Archive, has been obtaining documents
through the Freedom of Information Act. These will help illuminate
U.S. policy during the occupation and should prove useful to the
CAVR in completing its report, which is due out this fall.
In early April, press reports revealed that a still-suppressed
UN report by human rights expert Geoffrey Robinson accused the U.S.
and Australia of pressuring the UN "not to push too hard on
the security issue" before the August 1999 referendum. He argued
that the two countries, valuing close relations with Jakarta, "actually
facilitated the occupation and violence" through "overt
support, inaction, and silence" for abuses until 1999. In the
report, completed in June 2003, Robinson reportedly "chided
the UN for failing to bring perpetrators to justice" and called
for a special international court to try up to 75 senior Indonesian
officials, including Wiranto.
In Australia, a new spy scandal focuses on whether pro-Jakarta
sentiment in the Australian government led it to bury predictions
that the TNI would incite militia violence in East Timor after the
1999 ballot. Army intelligence analyst Lieutenant-Colonel Lance
Collins has called on the prime minister to create a royal commission
to investigate.