Indonesia Court Says Suharto Too Ill to Face Corruption Trial

By CALVIN SIMS

JAKARTA, Indonesia, Sept. 28 � An Indonesian court dismissed the
Government's landmark corruption case against former President
Suharto today, after an independent team of doctors declared him
medically unfit to stand trial.

The ruling was a major setback for Indonesia's democratically elected
government, which sought to bring the ailing, 79-year-old, former dictator
to justice for human rights abuses and other crimes committed during his
brutal reign of three decades.

While prosecutors said they would appeal the decision, they acknowledged
that Mr. Suharto's poor physical condition would make it extremely difficult

to prevail. A five-judge panel ruled that Mr. Suharto was too sick to face
Government charges that he embezzled $590 million in state funds during
his 32-year rule, which ended in 1998, amid economic despair and civil
unrest.

Court-appointed doctors testified today that Mr. Suharto had suffered three

strokes last year that left him unable to understand or answer complex
questions. One doctor said that Mr. Suharto had the communications skills
of " kindergartner" and took up to a minute to answer basic inquiries.

"We declare Suharto is unfit to stand trial," said Zakaria, the head of the

team of 24 doctors who examined Mr. Suharto over the weekend.
"Physically and mentally, he is not in the proper condition to be tried in the

court."

Indonesia's Attorney General Marzuki Darusman expressed deep
disappointment with the court's ruling, saying that the justice system had
failed the people.

"The thing that we aimed for, which was to truly obtain justice for the
people, was not achieved," said Mr. Marzuki, who had insisted that Mr.
Suharto was well enough to stand trial.

The case, which was the first serious attempt to prosecute Mr. Suharto for
corruption, was widely viewed here and abroad as far more than just
punishing the former strongman and his cronies for enriching themselves at
public expense. It was seen as a litmus test for restoring the rule of law
and a sense of equality to Indonesia, where corruption permeated nearly
every aspect of society under Mr. Suharto's government.

Mr. Suharto, along with his six children, is believed to have stolen billions
of
dollars from Indonesia through a broad network of deals in which his
family made money from almost every sector of the economy.

The court ruling set off violent clashes between hundreds of Suharto
supporters and detractors who protested outside the auditorium where the
trial was being conducted. The detractors called on authorities to arrest
Mr. Suharto and forcibly bring him to court.

As two busloads of Suharto supporters arrived at the trial venue, a mob of
anti-Suharto student demonstrators pelted them with rocks. Police said the
students beat to death one pro-Suharto supporter, severely injured two
others, and set one of their buses on fire.

As word of the court ruling spread, hundreds of student protesters
converged on Mr. Suharto's house in central Jakarta where they were met
by dozens of riot police who fired tear gas and plastic bullets into the
stone-throwing crowds.

The situation remained tense Thursday evening as large numbers of police
were brought into the capital to retain order.

"Suharto we're coming in there to get you," screamed an engineering
student who identified himself as Ryacudu. `He's not sick at all, the student

said of Mr. Suharto. "He's pretending just like Pinochet did."

Indeed, the Suharto case showed similarities to that of Gen. Augusto
Pinochet, the former Chilean dictator, who also was deemed medically
unfit to stand trial in Spain, where he was wanted on charges of torture
and other crimes dating to the years when he ruled Chile. The general was
placed under house arrest during a visit to Britain, which later released him

after doctors determined he was too sick to go on trial. However, when the
general returned to a hero's welcome in Santiago, Chile, he appeared
strong and in good health as he rose from his wheelchair to greet his
supporters.

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