Don Greenlees, Jakarta – President Megawati Sukarnoputri has approved a list of 18 judges to sit on a human rights tribunal trying crimes committed during Indonesia's retreat from East Timor, opening the way for the first trials of soldiers and militiamen more than two years after their bloody retribution over East Timor's vote for independence.
Ms Megawati had delayed signing a decree to appoint judges to the human rights court, raising suspicions she had succumbed to pressure from the military to go soft on human rights abuses.
The signing of the decree should allow the first cases to go to trial in the next few weeks, but human rights groups and foreign governments will be watching carefully to see whether the promise of justice is fulfilled.
The outcome of the judicial process over human rights crimes in East Timor has been explicitly linked by the US to the resumption of military aid and sales to Indonesia. It could also affect future aid pledges from other governments.
An inquiry by the National Human Rights Commission submitted a confidential list of 116 individuals accused of human rights crimes in East Timor to the Attorney-General's office two years ago. Dossiers were prepared for the trial of only 23 of them, one of whom has since died.
This list of official "suspects" is widely considered inadequate and just a first instalment in the legal proceedings. Although three generals have been named, prosecutors failed to cite many other prominent soldiers and militiamen.
Judges named yesterday – from a list submitted by the chief justice of the Supreme Court, Benyamin Mangkudilaga – are all junior members of the judiciary. Some prominent lawyers with a track record in defending human rights are thought to have been approached but rejected offers because of the low salaries and five-year contracts.
A further 10 judges are expected to be appointed soon from outside the judiciary.
Leading human rights activist Munir, who uses only one name, expressed concern at the relative inexperience of the judges named and their lack of training in human rights matters. He said that, given the one-month of training allocated for each judge in human rights instruments, the "hope [we have] for a fair judicial process is yet to be fulfilled".
Of the 18 judges named yesterday, 12 will preside over the initial trials and the remainder will join an appeals panel.
The first cases to be brought by prosecutors cover four atrocities: the April 1999 massacres in the Catholic church at Liquica and the Dili home of independence activist Manuel Carrascalao; the September 1999 massacre in the Catholic church in Suai; and the September massacre in the Catholic diocese in Dili.
The most prominent individuals facing trial are former military commanders Major-General Adam Damiri, Brigadier Tono Suratman, Colonel Mohammad Noer Muis and militia leader Eurico Guterres.