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Prosecutors crucial to rights cases: Lawyers

Source
Jakarta Post - November 8, 2001

Muhammad Nafik, Jakarta – Justice will remain elusive if the government's move to install 60 judges for human rights courts is not complemented by the appointment of prosecutors, rights lawyers asserted on Wednesday.

"The move is a progressive step, but the appointment of prosecutors is also important," Hendardi, director of the Indonesian Legal Aid and Human Rights Association (PBHI), told The Jakarta Post on Wednesday.

He argued that many cases involving human rights violations, such as atrocities in East Timor and Aceh, have frequently been incorrectly classified as common crimes because of inexperienced or unprofessional prosecutors.

Efforts to resolve the cases of human rights abuses, which have damaged Indonesia's reputation at home and overseas, should not only focus on the appointment of judges, but prosecutors as well, he said. "Otherwise, we miss the substance of the problem and the masterminds of the crimes can evade justice," he added.

Hendardi was commenting on the government's plan to install at least 60 career and non-career judges for permanent and ad hoc courts to try major human rights cases.

He said the appointment of judges was a positive move to try the unresolved human rights cases if they met the required criteria, such as having broad awareness of national and international laws on human rights.

Hendardi suggested the selection of judges be made transparent and involve public assessment. "However, the selection process seems to be simple. Ideally, the Supreme Court should announce the candidates publicly, so the people are able to assess," he said.

Todung Mulya Lubis, another prominent human rights lawyer, said he could not provide any assessment as to whether the selected judges would be able to meet the requirements. "I can't assess the judges until after they are appointed. The nominees are undergoing training now," Todung, who is also one of the trainers, told the Post on Wednesday.

The selected judges should understand human rights issues and laws, he said, and should be able to read the people's uncompromised demand for justice. "They should also have a broad legal outlook, a strong commitment and recognized integrity."

Todung said that he hoped the appointment of judges would be a step forward in efforts to resolve the cases of gross human rights violations. "They are expected to be able to deliver justice for the nation and other relevant communities, unlike the current judicial system, which could be called a failure," he said.

Minister of Justice and Human Rights Yusril Ihza Mahendra said on Monday that the government hoped to install the new judges by December at the latest. About half of the judges would be comprised of non-career appointments, he added.

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