The Jakarta Post

November 30, 2007 Friday

House Should Be Out Of Legal Process

from THE JAKARTA POST -- FRIDAY, NOVEMBER 30, 2007 -- PAGE 5 JAKARTA: The House of Representatives should refrain from taking part in the prosecution of gross human rights violation cases in case it influences the impartiality of the legal process, an expert has said

"The 2000 Human Rights Court Law stipulates that an ad hoc human right court is to be established based on the House's recommendation. This can be easily misused by the House members for their political interests," Bernard L

Tanya, a lecturer at Nusacendana University, Kupang, East Nusa Tenggara, told a hearing at the Constitutional Court here Thursday

"Therefore, the House should stay away from getting involved in the legal process." Bernard was a legal expert presented by Eurico Guterres, a former pro-Indonesia East Timorese militia leader, who was sentenced to 10 years in prison in 2002 for human rights violations in the former Indonesian province

Eurico filed a judicial review with the Constitutional Court because he felt he was being discriminated against by the 2000 law on human rights, particularly article 43, which stipulates the authority of the House to decide on the establishment of an ad hoc court for human rights violations

He was the only one found guilty by the ad hoc rights court in 2002, whose ruling was upheld by the Supreme Court in 2006.