Received from Joyo Indonesian News
The Jakarta Post April 21, 2003
Chance for justice fades for East Timor victims
Tiarma Siboro, The Jakarta Post, Jakarta
The chance
to bring justice to the victims of the 1999 human rights
violations in East Timor has vanished, after the United Nations High
Commissioner for Human Rights (UNHCHR) agreed over the weekend to drop
the
agenda from its future meetings.
The commission,
however, urges the Indonesian government to take the
necessary steps to correct the ongoing trials at the ad hoc rights
tribunal, and the legal processes at the appeal and clemency stages of
the
East Timor rights violation cases, to ensure that justice is served.
A statement
sent by Indonesia's permanent representative at the United
Nations in Geneva to The Jakarta Post on Sunday said that the decision
was
taken after a difficult and intense negotiation between Indonesia, the
European Union and East Timor.
"Starting
next year, the rights commission will not issue a Chairperson's
Statement on the human rights situation in East Timor, which has served
as
a reason to criticize Indonesia over lingering East Timor issues such
as
refugees and human rights abuses in East Timor in 1999," said the
statement, hailing the decision as a significant achievement for Indonesia.
The decision
was conveyed through the Chairperson's Statement during the
commission's meeting on April 17.
The statement
said future commission meetings would only discuss East Timor
issues from the aspect of technical human rights cooperation between
Indonesia's former 27th province and UNHCHR.
The commission,
however, expressed disappointment over the process and
outcome of the ad hoc rights tribunal for the violence in East Timor,
and
urged Indonesia to take the necessary measures to rectify them.
At least
18 civilians, police and military personnel, including several
Army generals, were indicted for gross human rights violations in East
Timor, of which 11 defendants had been acquitted, five sentenced to between
three to ten years in jail, while two are being tried currently. Even
those
declared guilty are still free, pending appeal.
The tribunal
has also drawn international criticism, as it has failed to
bring to justice high-ranking military officers, including former
Indonesian Military (TNI) chief Gen. (ret) Wiranto, who was in command
during the violence.
The United
Nations Serious Crimes Unit in East Timor has indicted a number
of Indonesian Army officers with crimes against humanity: Wiranto, Maj.
Gen. Zacky Anwar Makarim, Lt. Gen. (ret) Kiki Syahnakri, Maj. Gen. Adam
Rachmat Damiri, Brig. Gen. Tono Suratman and Brig. Gen. Mohammad Noer.
The statement
also recommended that the Indonesian and East Timorese
governments to enhance bilateral relations to resolve outstanding issues,
such as refugees. Some 30,000 East Timorese refugees are still living
in
refugee camps in West Timor.
In Jakarta,
Ministry of Foreign Affairs spokesman Marty Natalegawa welcomed
the decision, saying that it was in line with Indonesia's stance that
discussing the human rights situation in East Timor was no longer relevant,
as East Timor had become independent in January 2001.
"Rights
issues in East Timor are different, now that the territory is
independent. We urged UNHCHR to accept this reality," Marty told
the Post
Sunday.
International
law expert Hikmahanto Juwana at the University of Indonesia
said on Sunday that the decision had closed the opportunity for victims
of
East Timor rights violations to seek justice.
"International
crimes are always controversial, because only states that do
not have power or lose the war can be tried before courts.
"Indonesia
faced these two conditions after East Timor won its independence
in 1999, but things have changed now, especially since the U.S., along
with
its allies, invaded Iraq -- because it (the aggression) has ruined the
world order and international ethics, but will never be brought to court,"
Hikmahanto said on Sunday.
Hikmahanto
further said that following the decision, it was possible for
Indonesia to review -- if it did not stop -- the ongoing rights trials
or
to acquit all defendants of the killing spree in East Timor, because "the
(UNHCHR) decision can be considered as new evidence."