The Jakarta Post, April 11, 2003
East Timor indicts five more people for 1999 atrocities
Berni K. Moestafa, The Jakarta Post, Jakarta
Prosecutors in East Timor filed another set of indictments at the Dili District Court
over a spate of violent incidents in 1999, but said they were still waiting for response
from the court in regards charges made against former Indonesian military chief Gen.
(ret) General Wiranto.
The prosecutors indicted five East Timorese for crimes against humanity, rape, torture
and deportation during their service with the Indonesian Military (TNI) in 1999, said the
United Nations Serious Crimes Unit in a statement on Thursday. The indictments
were based on the crime unit's investigation.
"All of the accused in the indictment are believed to be in the Republic of Indonesia,"
said the statement, adding that their names were not being released to protect their
victims.
The announcement came a day after the crime unit charged 16 people, including eight
Indonesian Army officials, with crimes against humanity.
They are the latest in a series of indictments the UN unit has filed this year in its
efforts to prosecute those responsible for the 1999 killing spree in East Timor before,
during and after a UN-sponsored referendum that resulted in a majority vote for East
Timorese independence.
Thousands of East Timorese died in a wave of violence that swept through the former
Indonesian province that time. Many believe that rogue elements in the TNI
deliberately went on a rampage to undermine the voting.
The TNI was mandated with maintaining security and order in East Timor during the
period.
"There's still a lot of work to do ... investigations are ongoing," UN Special Crimes Unit
spokesperson Mark Harris said from Dili. More charges were likely, he added.
In February, East Timor prosecutors dropped a bombshell announcement with its
indictment of Wiranto and six other senior military officers for crimes against
humanity.
The former military chief denied any wrongdoings, arguing that he knew nothing about
TNI's role in the atrocities in East Timor.
Indonesia has no extradition agreement with East Timor. Furthermore, Wiranto's case
has made no headway in the Dili court.
"We're still waiting for a response from the court," said Harris.
Prosecutors need court-issued arrest warrants, which will be forwarded to their
Indonesian counterparts, as well as Interpol.
Harris would not speculate on the reason for the lack of response.
East Timor faces a dilemma in pushing for justice, as the move may run the risk of
straining ties with Indonesia.
East Timor President Xanana Gusmao has said the indictment was not in the nation's
interest. He called the indictment a mistake, but promised not to interfere with the
judiciary of his country.
Political and military analyst Indria Samego said Indonesia was unlikely to hand over
any of its military officers to East Timor.
He said the military remained a key player among the country's political elite, and
with the general elections nearing, few would want to risk a military backlash by
sending their senior officers to stand trial in East Timor, said Indria.
TNI spokesman Maj. Gen. Sjafrie Sjamsoeddin said the military recognized only the
ongoing trials in Indonesia for the gross human rights violations in East Timor.
"We should remain consistent with the process (in Indonesia)," he said.
But analysts said the UN-backed indictments reflected the East Timorese's
disappointment over the outcome of the rights trials in Indonesia so far. The ad hoc
Human Rights Court here has acquitted most officers, while Wiranto has escaped
indictment entirely.
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