The Age
Tuesday 27 November 2001
Extradition pact 'invalid to Jakarta'
By JILL JOLLIFFE
DILI
Indonesian authorities say they do not regard last year's Memorandum
of
Understanding between East Timor and Indonesia on transfer of prisoners
as
valid, East Timor's new Prosecutor-General has said.
The UN Transitional Administration in East Timor has made requests for
Indonesians accused of crimes in East Timor during the 1999 referendum
to be
handed over, but all have been rejected.
Prosecutor-General Longuinhos Monteiro made his first official visit
to
Indonesia last week for talks with Attorney-General Muhamad Abdul Rachman.
He
said the two sides agreed to meet in Bali next month to draft a new accord.
"Indonesia says the agreement of April 6, 2000, is not legally binding
because it was not approved by the Indonesian Parliament," he said.
Indonesian deputies say the memorandum, signed by the Wahid government,
does
not conform with an October, 2000, law specifying that all agreements
on
foreign dealings be endorsed by parliament.
Mr Monteiro said he was told that "no Indonesian citizen will be
released"
for trial in East Timor.
The UN administration last week filed its fourth indictment for crimes
against humanity over the Liquica massacre in April, 1999. Those charged
include Lieutenant-Colonel Kusumawandi, a district commander and the
highest-ranked Indonesian formally accused.
Mr Monteiro said he also discussed the case of the five Australian
journalists killed at Balibo in 1975. In March, the UN administration
asked
to question 19 Indonesians about the killings, without success. The
prosecutor then asked Indonesia's Human Rights Commission to conduct a
preliminary investigation.
Mr Monteiro said Mr Rachman had told him "they are still preparing
investigations, and are thinking of setting up a joint team with people
from
the Attorney-General's office and one or two police, to start work in
January
or February".
He said he expected four more UN indictments for 1999 crimes against
humanity
to be filed next month.
His special adviser, Tanzanian lawyer Mohamed Othman, said the UN was
examining other ways to carry out judicial decisions where extradition
was
not granted. "We are in contact with Interpol to disseminate arrest
warrants
on behalf of the East Timor Government," he said.