| Subject: TAPOL: Suharto and the military
win immunity from MPR
TAPOL, the Indonesia Human rights Campaign issued the following Press
Release today:
PRESS RELEASE 18 August 2000
SUHARTO AND MILITARY WIN IMMUNITY FROM MPR International Tribunal for
East Timor is now urgent
The Indonesian People's Assembly (MPR) has this week granted immunity
to Suharto and members of the Indonesian armed forces from charges for
crimes again humanity and war crimes, despite widespread demands in the
country for those responsible for such crimes during the 32-year
dictatorship to be brought to justice.
The MPR approved an amendment to the Indonesian Constitution which
states that 'the right not to be charged on the basis of retroactivity is
a basic human right that may not be breached under any circumstances'.
Indonesian human rights organisations and lawyers have strongly denounced
the amendment as a move to protect the military against indictment for
their past crimes.
TAPOL strongly condemns this decision and calls on governments
worldwide to make it clear to the Indonesian government that such a
decision will gravely damage Indonesia's reputation as a country that
adheres to the principles of international humanitarian law which requires
that the principle of non-retroactivity should be waived where grave past
human rights violations need to be brought to justice.
Carmel Budiardjo of TAPOL said: 'At a time when Chile is being hailed
for revoking the immunity enjoyed by Pinochet, Indonesia's supreme
legislative body has given the country's former dictator and scores of
senior armed forces officers immunity from charges for the innumerable
crimes they committed during the 32 years of Suharto's rule.'
TAPOL believes that the MPR decision reinforces the case for the UN
Security Council to set up an international tribunal for East Timor
without delay. Until now, members of the Security Council have argued that
time should be given to Indonesia to create the appropriate court for
these crimes to be tried in the country.
Several special commissions in Indonesia have been investigating past
crimes but their efforts will come to nought if the persons they identify
as being culpable cannot be tried for crimes against humanity. It will
apply most immediately to the judicial investigations now underway into
the crimes committed by the armed forces and army-backed militias in East
Timor before and after the UN ballot there which devastated the country,
forced hundreds of thousands of people to flee and resulted in hundreds of
deaths.
The amendment will mean that a provision included in a draft law now
before the Indonesian parliament, the DPR, which would allow ad hoc human
rights courts to be set up to handle past crimes against humanity will
have to be removed.
For further information and interviews, contact Carmel Budiardjo on the
above number
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