DATE=4/21/2000
TYPE=BACKGROUND REPORT
TITLE=EAST TIMOR RIGHTS
NUMBER=5-46174
BYLINE=PATRICIA NUNAN
DATELINE=DILI
CONTENT=
VOICED AT:
INTRO: Seven months after East Timor was laid waste by
anti-independence militias, the wheels of justice are
slowly turning. Indonesian authorities say they are
confident that they will have enough evidence to bring
to trial six top generals accused of involvement in
last September's campaign of terror. But as VOA's
Patricia Nunan found on a recent trip to East Timor,
others believe there are too many obstacles to ensure
that justice will be done.
TEXT: /// ACT forensics team ///
Seven months after anti-independence militias went on
their murderous rampage across East Timor, United
Nations forensic experts examine the remains of some
of the victims of that violence. It is in this morgue,
on the outskirts of East Timor's capital Dili, that
the legal case against the militia leaders and the
members of the Indonesian Armed Forces accused of
orchestrating the turmoil, is slowly being built --
one victim at a time.
Bob Stair is a "Major Crime Examiner" for the United
Nations.
/// ACT STAIR ///
We are trying to reconstruct, so when it goes to court
we can go back, hopefully with some confidence, and
say this is what happened. And again it is exactly
like a jigsaw puzzle.
/// END ACT ///
Responding to the overwhelming vote for East Timorese
independence from Indonesia, pro-Indonesia militias
seized control of East Timor for two weeks in
September. Roughly one thousand people are believed to
have died in the disorder, most cities and towns
across East Timor were burned to the ground, while
some 350 thousand people fled their homes.
U-N officials who witnessed the destruction say
Indonesian troops participated in the militia rampage
and a report by Indonesia's National Commission on
Human rights implicated six top generals in the
turmoil. The generals have denied they abetted the
militia rampage in any way.
Opponents of the military worry that the guilt or
innocence of the accused will never be fairly decided.
Anicetto Guterres of East Timor's top human rights
group "Yayasan HAK" says an international human rights
tribunal for East Timor should be established, because
Indonesia's generals are far too politically powerful.
/// Guterres (in Indonesian) Est. Fade down ///
It is extremely difficult to investigate these people,
he says, because they have been politicians for 32
years and still have strong bargaining positions. Mr.
Gutterres, who says the military is guilty of human
rights violations, says the only way investigations
will be successful is if the accused voluntarily
sacrifice themselves for Indonesia's future and for
the benefit of East Timor.
Another difficulty is illustrated by the case against
former Armed Forces commander and Defense Minister
General Wiranto. The Human Rights commission calls
him "morally responsible" for failing to prevent the
violence from erupting. But that is not a crime under
current Indonesian law. There is no such thing as a
"crime of omission". He cannot be prosecuted unless
investigators find evidence that the General played an
active role in orchestrating the militia brutality.
Indonesia's Attorney General Marzuki Darusman say he
is confident investigators will either find enough
evidence to proceed against General Wiranto and others
within the military's top brass, or that parliament
will change the law, to allow their prosecution.
/// ACT Marzuki ///
It is not easy to set a schedule when the trials are
gong to take place, but it's a very transparent
process and it's a matter of following through the
very clear procedures that are there within the laws.
/// END ACT ///
Some people are simply concerned that the Indonesian
judicial system is too overloaded. Besides the East
Timor investigation, Indonesian President Abdurrahman
Wahid and Attorney General Darusman are trying to push
through a series of reforms intended to strengthen and
democratize Indonesia's civilian institutions. Among
them are prosecuting alleged human rights abuses by
Indonesian troops in Aceh province, restructuring of
Indonesia's scandal-ridden banking sector, and the
pursuing of the corruption case pending against former
President Suharto.
While U-N officials, East Timorese leaders and
diplomats all express confidence in the president and
the Attorney General, they are less certain about
whether Indonesia's judicial system will be able to
handle the strain.
Among them is American Ambassador to Indonesia and
East Timor Robert Gelbard.
/// Act Robert Gelbard ///
So I've got to say, I don't have enormous confidence
in the system, because the people of Indonesia don't
either -- including the president. But I have
confidence in the attorney general and I believe he is
absolutely dedicated to trying to get the right
answers.
/// END ACT ///
The Indonesian government has repeatedly rejected the
idea of holding an international human rights
tribunal, expressing confidence the country can handle
the matter itself. The people of East Timor who are
seeking justice, are waiting to see.
(SIGNED)
NEB/PN/FC/PLM
21-Apr-2000 04:25 AM EDT (21-Apr-2000 0825 UTC)
NNNN
Source: Voice of America
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