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Individuals may seek justice for Timor violence to UN
Although the government has taken the blame for the East Timor violence in 1999, there remains an opportunity for individuals to seek redress through national or international courts, the National Commission on Human Rights says
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Although the government has taken the blame for the East Timor violence in 1999, there remains an opportunity for individuals to seek redress through national or international courts, the National Commission on Human Rights says.
The rights body insisted Monday that both Indonesian and Timor Leste's governments could not stop any individual's effort from filing reports with the courts.
"Political statement of both governments doesn't implicate on victims' efforts in seeking justice," the commission's deputy chairman M. Ridha Saleh said here.
The governments of Indonesia and Timor Leste agreed last week that both parties would not take legal actions against the alleged perpetrators of the atrocities.
The statement followed their acceptance of a report by the Indonesia and Timor-Leste Commission for Truth and Friendship (CTF), which concluded pro-Jakarta militia groups, the Indonesian Military (TNI), the Indonesian government and the Indonesian Police were responsible for the gross rights violations, which included murders, rapes, torture, illegal detentions and forcible deportation of civilians.
In the report, the CTF recommended that the Indonesian and Timor Leste governments make "official acknowledgement through expression of regret and apology for the suffering caused by the violence in 1999 and firm commitment to take all necessary measures to prevent the reoccurrence of such events and to heal the wounds of the past".
Ridha said the right body supported any individual effort to take the crimes against humanity to the international court of justice, which will require a UN Security Council's resolution.
"The CTF report confirmed our previous investigation which concluded the existence of gross human rights abuses in Timor Leste," he said.
He added that based on the CTF findings, the Attorney General's Office could reopen investigation into the case.
The ad hoc human rights court tried 18 military and civilian officials for the East Timor mayhem, but eventually they were all acquitted.
A coalition of rights groups under the Human Rights Working Group (HRWG) threw its weight behind the right commission, saying punishment could be sought against perpetrators as the CTF report did not grant amnesty to actors implicated in the report.
HRWG coordinator Rafendi Djamin suggested establishment of a hybrid court, an internationalized national court consisting local and foreign prosecutors and judges, to hear the East Timor violence.
"A hybrid court is the best alternative for victims so far, as it consists both national and international parties, making it fair and impartial," Rafendi said.
Executive director of the Institute for Policy Research and Advocacy (ELSAM) Agung Putri added the CTF report was merely a political document without any legal consequences, but it could serve as a reference for legal actions.
The House of Representatives, however, previously had shown refusal to bring back the tragedy to court, citing the government's decision to close the case.
