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CIAO DATE: 05/04
Indonesia: The Implications of the Timor Trials
May 8, 2002
Abstract
As East Timor moves toward independence on 20 May 2002, trials are proceeding in Jakarta against Indonesian army and police officers and civilian officials accused of serious human rights violations in connection with the 1999 violence there. Within Indonesia, the trials have generated little interest, nothing approaching the attention given to the prosecution of Tommy Soeharto, the former presidentŐs son. Abroad, the delays in getting the trials underway, the high-ranking position of some defendants, the inexperience of the judges in trying human rights crimes, and the governmentŐs pointed lack of interest in addressing military impunity have raised doubts that any of the accused will be convicted.
The problem is not so much with the way the cases are being judicially conducted. Inexperienced as they are, the judges have thus far exceeded expectations, rejecting military arguments and demonstrating a willingness to use international human rights law in a way that defies a common perception of them as incompetents or political hacks. Rather the problem, as revealed in court documents obtained by ICG, is with the limited mandate of the ad hoc court and the very weak way in which the indictments have been drawn up and presented by the prosecution.