March 04, 2005
Rights tribunal law not retroactive
JAKARTA: The Constitutional Court rejected on Thursday a challenge
by former East Timor governor Abilio Jose Soares against the constitutionality
of the Human Rights Tribunal Law (No. 26 of 2000).
Constitutional Court President Jimly Asshidiqie in his judgment
said that the legislation did not violate the constitutional prohibition
on retroactivity, as claimed by Abilio.
Abilio brought the challenge as he considered his trial before
the rights tribunal to be unlawful as it was based on Article 43
(1) of the law, which states that the rights tribunal can hear rights
violation cases that occurred before the enactment of the legislation.
The rights tribunal convicted Abilo of involvement in East Timor
atrocities in 1999 and jailed him for three years. The Supreme Court
later acquitted him after he requested a review of his conviction.
-- JP
End.
