| Subject: JP: Komnas
HAM responds to TNI criticism of rights inquiry
Jakartas Post December 17, 1999
Commission brushes aside criticism of
rights inquiry
JAKARTA (JP): The National Commission on
Human Rights (Komnas HAM) dismissed protests that its members had violated
the principle of presumption of innocence by naming military generals
alleged to be responsible for rights abuses in East Timor.
Lawyers for the suspected generals, led
by Adnan Buyung Nasution, demanded on Wednesday censure against members of
the Komnas-sponsored inquiry on East Timor (KPP HAM) for accusing their
clients of committing rights abuses in the territory.
They said statements made by inquiry
members accusing their clients of rights violations were "premature,
one-sided and not objective".
But commission chairman Marzuki Darusman
brushed aside the scorn saying that defense lawyers were overreacting.
"There's been an overreaction on the
part of Pak Buyung in responding to the developments," Marzuki told
The Jakarta Post on Thursday.
He had strong words for the defense
saying their demands would "constitute an infringement of our
internal affairs and that Buyung would be overstepping the boundaries if
he insists on that".
"KPP HAM will continue inspite of
this reaction," Marzuki said adding that the inquiry was "only
trying to explain as much as possible within its framework".
Marzuki also retorted suggestions that it
was wrong to reveal the work of the inquiry.
"The public's right to know about
the inquiry's progress has to be met by announcing the developments to the
public, and that is a procedure the commission will (continue to)
take," Marzuki said.
He, however, conceded that the rights
body would evaluate "the significance of the reaction and will also
outline a communication strategy which will be more effective in the
future".
In its interim report on Nov. 30, the
inquiry said it had found indications that the Indonesian Military (TNI)
was involved in or had prior knowledge about the mass destruction which
took place following the East Timor self-determination ballot on Aug. 30.
The inquiry wishes to question six senior
TNI and police officers whom it said were responsible for security in East
Timor during the mayhem.
The six are Gen. Wiranto, the TNI chief
in September and now coordinating minister for political affairs and
security, Maj. Gen. Sjafrie Sjamsoeddin, Maj. Gen. Adam Damiri, Maj. Gen.
Zacky Anwar Makarim, Brig. Gen. Tono Suratman and Police Brig. Gen. Timbul
Silaen.
All six have retained the services of
some of the country's top lawyers to represent them.
KPP HAM's secretary Asmara Nababan told
the Post later in the day that the generals would be questioned next week
and that the summonses would be sent on Friday.
Asmara, however, refused to disclose the
exact date and order of the questioning.
Separately in Yogyakarta, leading rights
activist Hendardi, of the Indonesian Legal Aid and Human Rights
Association (PBHI), shared Marzuki's opinion saying that the generals'
protests were an overreaction.
He said that the inquiry must be
conducted in a transparent manner and that the public should be granted
full access to its development.
Meanwhile, the team of defense lawyers
left Jakarta on Thursday to go to East Timor but were denied entry to the
territory by chief of the International Force in East Timor (Interfet)
Maj. Gen. Peter Cosgrove.
The entry refusal was conveyed in a
telephone conversation between Buyung and Cosgrove during a stopover in
Bali.
Antara claimed that Cosgrove first told
Buyung to gain clearance from Komnas HAM, but the lawyer lashed out saying
that they were not subordinates to the rights body.
Cosgrove then reportedly relented and
said that Buyung would only have to submit a list of people entering the
territory.(44/byg)
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