Indonesia, Timor violence probe will not name names

Wed Jul 9, 2008 11:11am BST
 
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By Olivia Rondonuwu

JAKARTA, July 9 (Reuters) - A long-awaited state-backed probe into the bloodshed that marred East Timor's 1999 independence vote from Indonesia will not identify suspects by name, sparking criticism of being weak and failing to bring justice for victims.

But the report is expected to mark the first time Jakarta has acknowledged the role of institutions including Indonesian security forces in the violence and to include a call for governmental responsibility.

The Commission of Truth and Friendship (CTF), set up in 2005 by the two governments, has no power to prosecute, prompting criticism that it serves to whitewash atrocities.

It has been boycotted by the United Nations.

Agus Widjojo, a CTF commissioner from Indonesia, confirmed there would be no prosecution of individuals as criminal law did not recognise institutional responsibility.

"On the contrary to some who are worried or excited about hearing certain names mentioned, the commission does not look for individual responsibility," Widjojo told Reuters.

East Timorese voted overwhelmingly to split from Indonesian rule in 1999 and the United Nations estimates about 1,000 East Timorese died during the post-vote mayhem, blamed largely on pro-Jakarta militias backed by elements of the Indonesian army.

Indonesian officials say only about 100 people were killed.

"If the much-delayed report does not name individuals then it can hardly serve any role in seeking to do away with a culture of impunity," said Geoffrey Gunn, a professor of international relations at Japan's Nagasaki University.

East Timor leaders have appeared wary of upsetting its giant neighbour over the issue, but rights groups have said they will push for a trial of retired Indonesian military chief, Wiranto, under universal jurisdiction after the report is submitted.

"Wiranto has our special attention because trying Wiranto would cut off the biggest impunity chain," said Choirul Anam of the Human Rights Working Group, an Indonesian rights group.

Wiranto, who was in charge of security at the time of the independence vote, has always denied any wrongdoing.

The retired general's Hanura Party recently won approval to contest next year's general election, and Wiranto, who stood for president in 2004, is expected to run again for the presidency.

Gunn said that the United Nations, which administered East Timor for several years after 1999 and retains a big mission, could try to set up a special court to try suspected perpetrators, although this could take time.

A commission set up by the U.N.'s human rights arm in 2005 recommended that the then U.N. Secretary-General Kofi Annan consider re-trials in Indonesia, a hybrid court with judges and prosecutors of mixed nationalities, or an international tribunal.

Gunn said that any apology from Indonesia in the report could help towards healing some of the wounds.

"In this age of apologies, we have Japan apologising to China, South Korea, etcetera., I think an official apology would go a long, long way," he said.

Widjojo said the report, which officials say is due to be submitted in Bali next week to the presidents of both nations for approval, looked at patterns to indicate which institutions were involved in the violence.

"If in the end the institutions were under government authority, then in the end the national government will assume that institutional responsibility, morally and politically." Indonesia invaded East Timor in 1975 at the end of Portuguese rule and annexed the territory later that year, maintaining a heavy and at times harsh military presence. (Editing by Ed Davies)



 

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