Sejak zaman "Indonesia-l" saya sudah mengatakan bahwa adalah
salah untuk membiarkan Indonesia mengadili pelanggar HAM di
Timor-Timur -.
Hanya Mahkamah Internasional yang bisa membawa keadilan.
Sayang Abdurrachman Wahid menolak usul Kofi Annan dan Mary
Robindon yang ketika itu didukung oleh Amerika Serikat
dan Inggeris + Australia...
==========
International tribunal could try rights abusers: Jones
M. Taufiqurrahman, The Jakarta Post/Jakarta
The acquittal of former East Timor governor Abilio Soares of human
rights abuse highlights the flawed Indonesian human rights court and
could prompt the international community to set up a tribunal to right
the wrongs in the judicial process, analysts say.
Sidney Jones of the International Crisis Group (ICG) said the
credibility of the ad hoc human rights tribunal established here in
2002 had plummeted, leaving a big question about the country's
commitment to human rights protection.
"The international community who closely watched the court
proceeding, keep asking the question why the process has turned so
ugly," she told The Jakarta Post on Sunday.
Jones said the ad hoc tribunal was not only to blame for the rights
tribunal fiasco as "the Attorney General's Office under the leadership
of M.A. Rachman has drawn up a very weak prosecution against Abilio".
There were a few ad hoc judges who strove to uphold justice against
those implicated in the human rights abuses, but they were powerless
in the face of weak cases brought forth by the prosecutors, Jones
said.
The initial faith in Indonesian authorities prompted the United
Nations in 2000 to rule out the possibility of trying those
implicated in the mayhem that surrounded East Timor's independence in
an international court.
Jones said the Attorney General's Office under new leader Abdul
Rahman Saleh could start reviewing the court proceedings that had led
to Abilio's acquittal.
During an interview with the Post earlier, Jones said the United
Nations could set up The Commission of Experts to review the entire
judicial process both in Dili and Jakarta.
Abilio, the only official jailed for atrocities related to East
Timor's breakaway from Indonesia in 1999, was acquitted by the
Supreme Court last week on the grounds that the territory was under
military rule at the time of the bloodshed.
A total of 18 civilians, soldiers and police officers were brought to
the ad hoc rights tribunal for the bloody rampage, but only three
civilians were sentenced to jail terms, including Abilio. All the
military and police defendants were acquitted.
Abilio, an East Timor native, was sentenced to three year's jail in
2002 for failing to control his subordinates during an attack on a
Liquisa church that left 22 civilians dead.
The United Nations is currently considering setting up a team to
review what has transpired in the ad hoc rights tribunals.
East Timor leaders, however, have said they would prefer to instead
build good ties with their giant neighbor, rather than concentrate on
the past.
Contacted separately, law expert Andi Hamzah said Law No. 26/2000 on
human rights that sanctioned the ad hoc rights tribunal was flawed as
it blurred the boundaries between ordinary and gross human rights
violations.
"The law stipulates that gross violators of human rights must be
sentenced to at least 10 years' (jail), aside from death or life
sentences. However, in Abilio's case, he only got three years in jail,
which means he did not commit gross human rights abuses," he told the
Post.
In the face of the improper application of human rights law, the
Supreme Court had no choice but to acquit Abilio, Andi said.
He said the jail sentence for Abilio was based on his minor
involvement in the atrocities.
"Despite his minor role helping the Indonesian Military rule the
strife-torn province, the prosecutors were obliged to bring him to
justice. Therefore they charged him under the law on human rights
which could be applied retroactively; that's the only way," he said.
He said the prosecutors' determinations had led to a weak case
against Abilio.
"The law setting up the human rights tribunal needs amending so that
it concerns only gross violations of human rights," he said.
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