US disappointed with Indon rights tribunal, Timor activists rage

Subject: US disappointed with Indon rights tribunal, Timor activists rage

Wed, Aug 06, 2003

Washington leads critics of Indonesia's East Timor rights trials

JAKARTA (AFP) - The United States has led a chorus of criticism following the end of Indonesia's much-maligned trials into the human rights violations committed during the bloodshed that surrounded East Timor (news - web sites)'s 1999 independence vote.

"The United States is disappointed with the performance and record of the Indonesian ad hoc tribunal," US State Department deputy spokesman Philip Reeker said following the last of the verdicts on Tuesday.

"If you look at all of the cases of this ad hoc tribunal together, I think it's been a very disappointing process in terms of rendering justice onto those who've committed horrible atrocities in East Timor just a few years ago," he said.

Jakarta established the court in 2001 to deflect pressure for an international tribunal into the Indonesian-army backed violence in which an estimated 1,000 people were murdered, and human rights groups have since consistently described the proceedings as a sham.

The court acquitted 11 security force members and one civilian.

It sentenced six people -- three army officers, a former Dili police chief, the former civilian governor and an ex-militia chief -- to between three and 10 years in jail, although they also remain free pending appeals.

The last person to be tried, Major General Adam Damiri, who headed the regional command responsible for security in East Timor while it was still Indonesian territory, was sentenced to three years of jail on Tuesday.

While the ad hoc tribunal still exists, nobody else currently faces charges under the system.

Damiri was the most senior officer tried over the human rights violations and although the judges surprised observers by giving him a jail sentence, the three-year term and the fact he is still free on bail ignited the same criticisms of leniency.

"The process has not been effective in either delivering justice or truth," the London-based Amnesty International said following Damiri's sentence.

The human rights group said the verdict on Damiri, which was handed down despite the prosecutors calling for him to be spared jail, was surprising.

"But (it) does not diminish the fact that deliberate efforts to subvert the course of justice and shield senior officials from being held fully to account have taken place," it said.

Ifdhal Kasim, executive director of the Institute for Policy Resarch and Advocacy, said the ad hoc court's verdicts "were mostly in violation of the law", pointing out they were largely under the minimum of 10 years required.

Describing the trials as "far from satisfactory", he cited the weak and contradictory indictments of the prosecutors and the limited capacity of the judges whom he said clearly appeared lacking in knowledge about international laws.

Hendardi, who heads the Indonesian Association for Legal Aid and Human Rights, said the trials had failed to issue punishments that would have had "preventive effects".

US-based East Timor Action Network spokesman John Miller branded the sentence given to Damiri as a "joke" that "has done nothing to boost the laughable credibility of Indonesia's court".

"The international community has been taken for a ride," Miller said in Washington.

Frans Hendra Winarta, a member of the Indonesian national commission on law, admitted the ad hoc courts had flaws.

"(But) on the whole it did not perform too badly for a new court," he said.

His strongest criticism focused on the legal inconsistencies of the court.

"An ad hoc court, especially with authorities to hear past cases, should only be for serious cases, cases with punishment of 10 years up. If the judges decide the defendants to be guilty, then the sentences should be at least 10 years," Winarta said.

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Indonesia/E Timor excerpts

Transcript: State Department Briefing, August 5, 2003

Highlight: So we have continued to talk to multilateral partners, options to ensure a credible level of justice for these abuses. You will recall from years back, since those atrocities in 1999, it is something we have been very concerned with. And I would remind you that any application to enter the United States by individuals who allegedly committed crimes against humanity in East Timor are reviewed very carefully to determine whether a visa would be appropriate....

QUESTION: Do you think, perhaps, this might have been better handled if it had been international rather than a local tribunal?

MR. REEKER: I think that is the type of thing we are discussing with others in the international community in terms of, as I described, the multilateral discussions on how we could see justice in these cases, what options there might be to ensure a more credible level of justice for what were clearly abuses of human rights in East Timor.

----------- Indonesia/E Timor excerpts

Transcript: State Department Briefing, August 5, 2003

(Indonesia, East Timor, Iraq, Liberia, Israel/Palestinians, Iran, Russia, Colombia, North Korea, Saudi Arabia) (6900)

INDONESIA Explosion in Jakarta Hotel Labeled Terrorism Counter-terrorism Efforts in Indonesia Jemaah Islamiya Organization and International Terrorism

EAST TIMOR Ad Hoc Tribunal Renders Verdict on Major General Damiri Tribunal Delivers Minimal Sentences

Deputy State Department Spokesman Philip Reeker conducted the August 5 briefing.

Following is a transcript of the briefing:

(begin transcript)

U.S. DEPARTMENT OF STATE DAILY PRESS BRIEFING TUESDAY, AUGUST 5, 2003 (ON THE RECORD UNLESS OTHERWISE NOTED) 1:30 p.m. EDT BRIEFER: Philip T. Reeker, Deputy Spokesman

Index

QUESTION: Can I ask two things about Indonesia? The first is -- I realize the White House has already given your view of what happened at the hotel overnight, but do you have anything to add to that?

And also, then, on a related matter, do you have anything to say about the trial of -- the just-concluded trial of this general?

MR. REEKER: Sure. Let's first go over that. You did hear my colleague, Mr. McClellan, from Crawford talk a bit about that. I would like to reiterate our deepest condolences to the victims of this deplorable act of terrorist violence. We are monitoring the situation closely in terms of the large explosion that ripped through the Marriott Hotel in downtown Jakarta, Indonesia, today; believe it was likely caused by a car bomb, as we've seen reported, detonated near the front doors of the hotel.

Press reports have indicated the deaths of 17 or more people and injured more than 100 people, although those numbers are quite likely to go up. We do have no information at this time that would verify any reports of American citizens being killed. Two Americans have been identified among the injured. One was taken to a hospital, treated and released. Another American with second degree burns is in the process of being medically evaluated# and they will make decisions accordingly. The Embassy doctor, the American Embassy doctor, and consular officials have visited hospitals to check and see if there are any other Americans who may have been injured in this attack.

So we have been in touch, obviously, with the local American community through our Warden network to notify them of this nature, and would remind everybody to consult our travel advisories, including the Worldwide Caution we have.

-- Correction: in the process of being medically evacuated

Once again, this type of act has demonstrated that the war on terrorism is a global war; terrorism knows no borders and effects innocent civilians all over the world. We strongly condemn this extremely cowardly act. We stand ready to help the Government of Indonesia in any way we can, and we will continue to work with Indonesia and many countries around the world in our efforts to end terrorism.

QUESTION: Before we get on to the trial, do you have any indication of who might be responsible or --

MR. REEKER: At this point, no, I don't think I could offer anything. Obviously, the Government of Indonesia will be investigating this. We stand ready to offer any assistance we can. We'll keep in close touch, as we do with so many governments on these issues.

QUESTION: Are there any plans for any U.S. officials to go and help in the investigation -- FBI, or anybody else?

MR. REEKER: At this point, it's a little early to say, but we do stand ready to help should the Indonesian Government need that.

QUESTION: Once again, before you go on to the other part, is there any change in the IMET situation?

MR. REEKER: Nothing to report today.

QUESTION: And I take it that you are still generally -- overall you are generally pleased with the Indonesians' cooperation in the war and with --

MR. REEKER: We have tried to work very closely with Indonesia. I think you will all recall the tragic Bali bombing of last October, which demonstrated again the global nature of terrorism, that it can strike in all corners of the world. After that, the Indonesian Government stepped up internal investigations against international terrorist groups.

Jakarta's response at that time, as we have said in our annual report, Patterns on Global Terrorism, represented a major and multifaceted counterterrorism effort. And they undertook significant actions including quick adoption of anti-terrorism decrees, and introduction of counterterrorism legislation and other steps.

And so we have worked with the Indonesians and with the international community, in terms of the UN resolutions and other things that we have tried to follow, including designation, of course, of the Jemaah Islamiya organization as an international terrorist organization. And they have in the past, of course, been responsible for terrorist activities in that part of the world.

QUESTION: But is that group's earmarks, fingerprints, on this situation?

MR. REEKER: As I said to your colleague's answer, Barry, it's too early to say. I don't have any response to that, at this point.

QUESTION: Can I clarify one thing in your language? You said you had no information at this point to verify any reports that Americans are dead. Do you have any reason to believe that any Americans are dead or --

MR. REEKER: No, we don't. There were media reports and so I had been asked earlier if we could verify media reports. But, actually, we have no information to indicate American citizens were killed in this tragic accident, but --

QUESTION: Accident?

MR. REEKER: Tragic situation, act of terrorism and violence; but certainly we extend our condolences to the families of those killed and to the survivors of this thing.

Now, Matt, you had another question.

QUESTION: Timor.

MR. REEKER: Timor, right.

QUESTION: Well can we -- when we are --

MR. REEKER: Yes, Elise.

QUESTION: Do you have any reason to believe that even though, thankfully, we don't know of any Americans dead right now, but that because it's an American company that it was an American target?

MR. REEKER: I don't have any information on the attacks or the -- in terms of drawing that kind of conclusion and couldn't do that for you.

Matt has asked about East Timor and the verdict from the ad hoc tribunal there. As you have indicated with your question, Matt, the tribunal has rendered its final verdict. The United States is disappointed with the performance and record of the Indonesian ad hoc tribunal. We believe that the overall process of the tribunal has been flawed and lacked credibility.

This trial phase ended today in Jakarta and it did end it with it a conviction, and we are pleased that the judges went against the prosecutors' recommendation for an acquittal in this final case. But nonetheless, the judges sentenced Mr. -- Major General Damiri only to three years in prison, which is far less than the 10-year minimum recommended under Indonesian law.

The light sentencing of this highest-ranking defendant and others when they were found guilty, we think, has been disappointing. The court has convicted only six defendants and handed only one convict a sentence that meets the country's minimum standards. The court has also permitted all of those convicted to remain free pending their appeals, and we have noted that on numerous occasions the Indonesian Government failed to take full advantage of many opportunities to hold human rights violators fully accountable for their crimes in East Timor.

QUESTION: I have to admit I haven't followed this case as perhaps closely as I should have, but did you just say that you're pleased that the judges went against the prosecutors' recommendation of acquittal?

MR. REEKER: That's right. The prosecutors had recommended acquittal in this case.

QUESTION: Aren't prosecutors generally the ones who are trying to convict people?

QUESTION: Sometimes they get off.

MR. REEKER: How about you ask the tribunal? I don't --

QUESTION: Are you noting with any irony the fact that the prosecution asked for an acquittal?

MR. REEKER: I will let you describe it as you see fit, Matt. The prosecutors in the case recommended that this defendant, Major General Damiri, be acquitted, and the judges went against that case. We think that was the right decision. But they sentenced him to only three years in prison, which, as I noted, is far less than the minimum recommended under Indonesia's own laws.

QUESTION: Well, is your problem, then, or is your disappointment, with not only the tribunal itself but also with the prosecution?

MR. REEKER: Well, prosecutors have presented weak cases, judges have failed to adequately punish the few who were deemed responsible for the human rights abuses in East Timor, and, quite frankly, to date, no one has been jailed for their role in those atrocities back in 1999 which left a thousand people dead.

So we have continued to talk to multilateral partners, options to ensure a credible level of justice for these abuses. You will recall from years back, since those atrocities in 1999, it is something we have been very concerned with. And I would remind you that any application to enter the United States by individuals who allegedly committed crimes against humanity in East Timor are reviewed very carefully to determine whether a visa would be appropriate.

QUESTION: And just one last thing. Prosecutors had presented weak cases? It sounds in this case they didn't present any case, or they presented a case and then --

MR. REEKER: Matt, I will have to let you do your own analysis of the specific thing, but that is our view.

QUESTION: Well, I want to know -- just weak case? I mean --

MR. REEKER: I don't think I'm going to try to get into the details of each individual case up here. In this last of these 18 cases, we were, as I said, extremely disappointed that the prosecutors would recommend acquittal. We were pleased to see that the judges went against that recommendation but then offered a sentence, which, as I said before, didn't even meet the minimum sentence recommended under Indonesian law. And if you look at all of the cases of this ad hoc tribunal together, I think it has been a very disappointing process in terms of rendering justice unto those who committed horrible atrocities in East Timor just a few years ago.

QUESTION: Do you think, perhaps, this might have been better handled if it had been international rather than a local tribunal?

QUESTION: Does your consideration of that in this case make the U.S. Government any more inclined to consider an international tribunal rather than an Iraqi tribunal to try people for crimes committed under Saddam Hussein?

MR. REEKER: Oh, I don't know that anybody would have drawn that type of conclusion at this point. I think we have been quite clear in Iraq what our views are, that the Iraqi people should have an opportunity to develop a structure through which to prosecute those who have carried out crimes against the Iraqi people.

And I think there are very different situations, Arshad, and, obviously, that would clearly have to be taken into consideration as those things are considered.

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