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Mahkamah Internasional.
Jusfiq
Date sent: Sun, 20 Aug 2000 12:59:11 +0200
From: "Watch Indonesia!" <[EMAIL PROTECTED]>
Send reply to: [EMAIL PROTECTED]
Organization: Watch Indonesia!
To: [EMAIL PROTECTED]
Subject: SCMP: Military chiefs to escape prosecution, u.a. news
> From: TAPOL <[EMAIL PROTECTED]
> SCMP: Wahid had no choice but to compromise with military
>
> also:
> The Guardian: East Timor massacres may go unpunished, August 19, 2000
> Indonesian military gets last-minute reprieve from loss of political
> clout
>
> From: TAPOL <[EMAIL PROTECTED]>
> Subject: SCMP: Wahid had no choice but to compromise with military
>
> Received from Joyo Indonesian News
>
> Excerpt: The analyst said the President had no choice but to compromise.
> "His political position was eroding and he needed the support of the
> military." The armed forces had not backed the procedure MPR members
> used againsn the President to question his sacking of two economics
> ministers. "This is now the pay-off," Mr Kusnanto said. "Wahid got the
> support of the military and in return the military gets its assurances."
>
> [It remains to be seen whether Darusman's assurance (see penultimate
> para)that the trials regarding East Timor will be exempt from the
> retroactivity clause. Surely it was to forestall the East Timor trials
> in the first place that the clause was rushed through. TAPOL]
>
>
> South China Morning Post
> Saturday, August 19, 2000
>
> INDONESIA
>
> Military chiefs to escape prosecution
>
> VAUDINE ENGLAND in Jakarta
>
> Constitutional amendments and laws passed without debate yesterday could
> give some members of the military's top brass immunity from prosecution
> for past crimes, including those committed in East Timor.
>
> The closing session of the People's Consultative Assembly (MPR) passed a
> law securing an unspecified number of seats for the armed forces until
> 2009. In addition, a constitutional amendment said the military's role
> was to defend "national integration", thereby opening the way for
> justification of violence against alleged separatists from Aceh to Irian
> Jaya.
>
> Kusnanto Anggoro, of Jakarta's Centre for Strategic and International
> Studies, said: "If you ask who won this current session of the MPR, it
> is the Indonesian military. These amendments are part of a political
> bargaining process. The armed forces now have the reassurances they
> need, and have shown they are still a force to be reckoned with."
>
> Mr Kusnanto believes the success of the military in protecting itself
> from prosecution, and insisting on a continued political role, stems
> directly from a meeting between President Abdurrahman Wahid and armed
> forces chief Admiral Widodo Adi Sudjipto three days before the MPR
> session began.
>
> The analyst said the President had no choice but to compromise. "His
> political position was eroding and he needed the support of the
> military." The armed forces had not backed the procedure MPR members
> used against the President to question his sacking of two economics
> ministers. "This is now the pay-off," Mr Kusnanto said. "Wahid got the
> support of the military and in return the military gets its assurances."
>
> The MPR passed the amendments on a show of hands. They were part of a
> large bundle of changes on issues ranging from press freedom to the
> definition of state agencies' tasks. Commentators have noted that the
> committee of parliamentarians that devised the amendments did so in
> secret.
>
> "They tried to use the process without the participation or control of
> the people," said Munir, head of the Commission for Disappearances and
> Victims of Violence (Kontras).
>
> "I blame [MPR speaker] Amien Rais, what he said was not true," Mr Munir
> added. "Amien said it was too late [for public participation] and that
> the amendments were due to human error."
>
> The main bone of contention is Article 28 of the 1945 constitution. This
> was amended to read: "The right to life, the right to be free from
> torture, the right of freedom of thought and consciousness, the right of
> religion, the right not to be enslaved, the right to be recognised as an
> individual before the law, and the right not to be prosecuted based on a
> law which can be applied retroactively are human rights which cannot be
> diminished under any condition."
>
> This directly contradicts the draft Human Rights Bill, which provides
> for retroactive prosecution precisely so that senior military officers
> can be punished for crimes committed in East Timor last year.
>
> Such action is demanded by the United Nations if Jakarta wants to
> forestall an international prosecution of its military hierarchy for
> crimes against humanity. Attorney-General Marzuki Darusman said:
> "Current investigations into human rights violations in East Timor and
> several other cases will be exempt from the . . . clause on
> retroactivity."
>
> But Mr Munir said: "This is all about protecting the political position
> of the military. It is not productive in the Indonesian transition
> toward democracy. This is so dangerous."
>
> *****************************
>
> From: TAPOL <[EMAIL PROTECTED]>
> Subject: The Guardian: East Timor massacres may go unpunished
>
> Received from Joyo Indonesian News
>
> also: Indonesian military gets last-minute reprieve from loss of
> political clout
>
> The Guardian [UK]
> Saturday August 19, 2000
>
> East Timor massacres may go unpunished
>
> Jon Aglionby in Dili, East Timor
>
> Indonesia's disgraced army could be granted an amnesty for human rights
> abuses in East Timor after a last-minute amendment to the country's
> constitution. The amendment appeared to contradict President Abdurrahman
> Wahid's assurances to the UN that Indonesia would conduct its own
> investigation into massacres in East Timor, and that an international
> war crimes tribunal was not necessary.
>
> The controversial change was introduced on the final afternoon of the
> annual session of the country's supreme legislative body, the people's
> consultative assembly (MPR). Some legislators tried to reassure critics
> that it would exclude major human rights abuses.
>
> The MPR also voted unanimously to allow the military to retain its
> formal role in government for a further five years after the next
> election, taking it to 2009.
>
> Analysts said the moves indicated a reluctance to offend the armed
> forces, which are still powerful. There has been speculation that the
> army might stage a coup if it were forced from the political scene.
>
> Indonesia's constitution will now say that military personnel cannot be
> prosecuted for crimes committed before the enactment of the legislation
> used to prosecute them. A decree to enable Indonesia to investigate the
> atrocities was cancelled in February, even though a law aimed at
> creating a special court to deal with past human rights violations by
> the security forces had yet to be enacted.
>
> The constitutional amendment could affect the investigation of military
> abuses all over the archipelago, from Aceh to West Papua, but will have
> most immediate relevance to events in East Timor.
>
> Hundreds of East Timorese were murdered by Indonesia's military-backed
> militias before and after the territory voted for independence last
> year, and hundreds of thousands more were forcibly evacuated to
> neighbouring West Timor. Soldiers and militiamen destroyed tens of
> thousands of buildings.
>
> Political analyst Kusnanto Anggoro said of the amendment: "This shows
> that the military is still a powerful force to be reckoned with."
>
> But a senior MPR legislator, Jacob Tobing, indicated that it might still
> be possible to prosecute the dozen generals allegedly responsible for
> the East Timor abuses. He said that the amendment would probably not
> apply to "special crimes" such as genocide, war crimes and terrorism.
>
> One western diplomat said: "It is all very vague. What is more worrying
> is that the investigation is proceeding without any formal legal basis
> so the defence lawyers will be able to announce a very strong case to
> have any charges thrown out."
>
> In East Timor, the vast majority of people say those responsible must be
> tried. What's more, they say the trials should take place in an
> international tribunal because they do not have confidence in
> Indonesia's notoriously corrupt legal system.
>
> "The location of the tribunal is not important as long as it's not in
> Indonesia or under Indonesian law," said Aniceto Lopes of the East Timor
> Human Rights Foundation.
>
> A UN spokeswoman said yesterday that the MPR decision would have to be
> studied more closely before she would comment on whether the
> international community would now push for an international tribunal.
>
> Many UN sources in East Timor say that the international community has
> little appetite for organising prosecutions because they would be
> extremely expensive and would risk further destabilising Indonesia.
>
> This sentiment is reflected in a UN proposal to cut by almost half the
> number of international investigators looking into last year's
> atrocities.
>
> Senior UN officials and East Timorese political leaders such as Jose
> "Xanana" Gusmao are also advocating reconciliation rather than justice.
>
> But their calls are mostly falling on deaf ears. "We endured 25 years of
> hell under Indonesian occupation," said Augusto da Silva, a farmer. "Not
> only do we want justice, but we need justice in order to put the past
> behind us and move on."
>
> ----------------------------------
>
> CNN, August 19, 2000
>
> Indonesian military gets last-minute reprieve from loss of political
> clout
>
> Legislature closes session on a conciliatory note
>
> Photo: People's Consultative Assembly Chairman Amien Rais, from left to
> right, Indonesian President Wahid, V.P. Megawati and House Speaker Akbar
> Tandjung leave Friday's parliamentary session
>
> JAKARTA, Indonesia (CNN) -- Indonesia's embattled military, slated to
> lose its political power at the close of this legislative session, got a
> reprieve in the waning moments of the People's Consultative Assembly's
> final meeting on Friday.
>
> President Abdurrahman Wahid also survived what could have been a much
> more contentious session of the 700-member legislature -- but the
> lawmakers did pass a decree requiring him to move faster on economic
> reform and get tough on the separatist violence that has swept the
> country.
>
> Analysts believe Wahid's tenure as president could be very short indeed
> if the legislators don't see adequate improvement.
>
> As the session came to an end, the legislators dispensed with voting,
> passing seven constitutional amendments and six decrees -- including two
> that favored the military -- after a flurry of back-room negotiations
> and an agreement from party leaders to stifle dissent.
>
> Neither the results nor the process pleased the military's critics, who
> have staged large demonstrations outside the parliament building against
> the military's human rights violations and its role in supporting three
> decades of authoritarian rule.
>
> But the legislators nevertheless agreed to guarantee the military's 38
> appointed assembly seats until 2009 -- and they banned retroactive
> prosecution, a possible loophole for officers to escape a soon-to-be
> established human rights court.
>
> "This is a major defeat for the reform movement," said political analyst
> Dede Oetomo. "It was sneaked through by the military and Golkar."
>
> Golkar was Indonesia's ruling party throughout President Suharto's
> 32-year run as dictator and is still the assembly's second-largest
> party.
>
> "This law could put a stop to all East Timor and Aceh human rights
> investigations," Oetomo said.
>
> Even some legislators said they felt railroaded into passing the
> legislation by generals who threatened to stir up more trouble in parts
> of Indonesia already reeling from ethnic, religious and cultural
> clashes.
>
> But while the assembly members were keeping the Indonesian military's
> hands in the government's business, they were also handing the nation's
> 27 provinces more autonomy. One of the decrees passed on Friday allows
> home rule status for rebellious Aceh and West Papua, an attempt to
> placate separatist rebels in those regions.
>
> CNN Correspondent Atika Shubert, The Associated Press and Reuters
> contributed to this report.
>
>
>
> **********************************************************************
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>
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=====================================
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