INSIGHT
A11
SOUTH CHINA MORNING POST
TUESDAY , SEPTEMBER 2 , 2 0 0 3
WAR CRIMES
ADERITO SOARES
Justice for East Timor victims? Not in Indonesia
Acar bomb
exploded at the Marriott Hotel in Jakarta on August 5, killing 12
people. That same day, across town, a man responsible for many more deaths
received a slap on the wrist as Indonesia's ad hoc human rights court
ended
its judicial charade. Major-General Adam Damiri received three years in
jail for his involvement in the 1999 devastation in East Timor. He remains
free pending his appeal, and is unlikely to spend a day in a cell.
The Jakarta
court, which acquitted 12 of the 18 East Timor suspects brought
to trial, is clearly a sham, despite its verdict on Damiri. The trials
have
been flawed, unfair and unprofessional. The situation is worsened by the
powerlessness of the Special Panel Court established by the UN in East
Timor, to bring the "big fish" in Jakarta to trial.
Now there
is no alternative, if justice is to be upheld, to establishing an
international tribunal into the atrocities that took place in East Timor.
This would serve the interests of both East Timor and Indonesia.
The enforcement
of justice would help East Timorese victims build a future
for their new state and uphold their dignity as a nation. As for Indonesia,
holding criminals accountable would deter others, helping to prevent
similar atrocities in Aceh, West Papua and elsewhere in the archipelago.
It
could also spark reform in the Indonesian judiciary and help propel the
country towards real democracy.
Since the
UN-sponsored referendum on independence in August 1999, East
Timorese leaders have worked hard to strengthen ties with Indonesia at
the
cost of justice. Two years ago, Timorese President Xanana Gusmao gave
a
warm hug to the notorious Army Special Forces Lieutenant-General Prabowo
Subianto, son-in-law of former president Suharto. Human rights advocates
were deeply disappointed by Mr Xanana's warmth towards the general, who
has
been accused of serious human rights violations in both Indonesia and
East
Timor.
The East
Timorese government has acted pragmatically in establishing its
relationship with the Indonesian government, for several reasons. The
tiny
country still faces the possibility of retaliation by Jakarta, as well
as
subversive activities by rogue military elements and militias. Also, East
Timor has strong economic ties to Indonesia.
East Timor's
president and foreign minister have consistently advocated
this pragmatic position, especially when it comes to prosecuting Indonesian
officials over human rights violations in East Timor.
Prime Minister
Mari Alkatiri's stance was different in the beginning, when
he described the human rights court in Jakarta as seriously flawed and
called for an international tribunal. Unfortunately, on his recent visit
to
Jakarta, the prime minister softened his position by declaring that his
government would not push for an international tribunal. To avoid offending
Indonesia, Timorese leaders now say the international community bears
the
chief responsibility to advocate and establish an international tribunal.
Examples
of gross human rights violations that fall under the categories of
crimes against humanity and war crimes, during Indonesia's occupation,
are
legion. Indeed, the UN Independent Commission of Inquiry specifically
called for an international tribunal to try those who committed such crimes
in East Timor during the post-referendum massacre. However, despite the
fact that nine East Timorese UN employees were murdered after the 1999
ballot, the UN put the recommendation on hold while it gave the Indonesian
government a chance to try the alleged perpetrators through its own
judicial system.
Last week,
the security council called for an end to impunity for those who
attack UN and humanitarian missions. Responding to the bombing of UN
headquarters in Baghdad, the council expressed its "determination
to take
appropriate steps in order to ensure the safety and security" of
its
personnel. If the security council is serious, it should begin by
establishing an international court to prosecute the many crimes against
humanity committed in East Timor.
Aderito Soares is a human rights lawyer from East Timor