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Generals to be tried for atrocities

Source
Sydney Morning Herald - December 16, 1999 (abridged)

Daniel Cooney, Jakarta – State investigators demanded yesterday that army generals be tried for human rights abuses in East Timor after President Abdurrahman Wahid said he would not block their prosecutions by the Indonesian courts.

Government human rights investigators said military commanders should be held accountable for the orgy of murder and destruction three months ago since they knew it was taking place and did nothing to prevent it.

"This is great news," said Mr Asmara Nababan of the Investigative Commission for Human Rights Abuses in East Timor. "We have enough evidence to go ahead with the prosecutions." Mr Wahid said yesterday he would not interfere in the judicial process and would allow the courts to decide the fate of the generals, including his senior minister for security and political affairs, General Wiranto, who was military chief during the East Timor crisis.

"I will not be swayed by any temptation," Mr Wahid said. "What is important is that we accept the decision of the court." Mr Wahid's comments appear to be at odds with those made by the Defence Minister, Mr Juwono Sudarsono, last week who said the generals would escape prosecution "as they were just carrying out State policy".

Mr Sudarsono said only lower-ranking soldiers who committed the actual crimes would be prosecuted.

Mr Nababan said the investigative commission would soon submit its recommendations to Indonesia's attorney-general, who will decide whether any generals should face charges.

Although Mr Wahid's new reformist Government appears intent on allowing Indonesia's own courts to decide the fate of the generals, it has repeatedly said they must not be tried by a proposed UN war crimes tribunal.

Last week, UN human rights investigators visited Jakarta, after spending nine days in East Timor gathering evidence of atrocities.

The team will present its report to the UN Secretary-General, Mr Kofi Annan, before the end of the year. The UN Security Council will then decide whether to establish a tribunal, similar to those established for the former Yugoslavia and Rwanda.

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