Tiarma Siboro, Jakarta – Leading human rights, democracy and antigraft activists, political analysts and lawyers joined forces Tuesday to condemn moves to clear former president Soeharto's name without due process of law.
In a joint press conference held Monday, they unveiled a plan to file a class action suit against the Attorney General's Office for its decision not to prosecute Soeharto because the former strongman is too weak to stand trial.
Prominent critics included human rights campaigners Asmara Nababan, Albert Hasibuan and MM Billah; pro-reform activists Teten Masduki, Fajroel Rahman and Ray Rangkuti; political analysts Mochtar Pabottingi and Indra Jaya Piliang; and legal practitioners Todung Mulya Lubis and Chairul Imam who is a former director for corruption at the Attorney General's Office.
"The AGO (Attorney General's Office) has erroneously executed what it considers its right to issue this policy because the Criminal Procedures Code stipulates that prosecutors can drop charges against a person only if the suspect dies, or if the case has expired, or if it is considered ne bis in idem (the principle under which a suspect cannot be tried twice for the same case).
"So what is the basis used by the AGO to drop the planned prosecution of Soeharto? He (Soeharto) has not died and neither have the corruption charges against him expired, nor is the case considered ne bis in idem," said Chairul who oversaw Soeharto's prosecution in 2000.
Chairul said the decision would have several legal repercussions, the main one being that the state would have to drop its plan to confiscate the huge assets Soeharto had amassed through corruption during his 32-year rule.
The state would also have to hand over case files and all related documents to Soeharto, he added. "If this happens, it will close the chance to reopen the case". "Law enforcers should push for having Soeharto tried in absentia because he is still alive," Chairul said. Todung shared Choirul's view, saying, "Soeharto and his lawyer may already consider the case closed".
Mochtar Pabottingi appealed to President Susilo Bambang Yudhoyono and Vice President Jusuf Kalla to ensure that Soeharto and his cronies are taken to court, saying it would be the only correct move. "Sure, there are certain groups that may stand behind Soeharto. They could be politicians from Golkar Party or the military. But the government should side with the people's interests," he said.
The leading activists also urged the government to immediately seize all assets belonging to Soeharto and his cronies believed to have been amassed illegally while the ailing New Order ruler was in power.
"We ask all Indonesian people to be ready to take the necessary moves to put Soeharto's case back on legal track," said their joint statement read out during the press conference by Usman Hamid, coordinator of the National Commission for Missing People and Victims of Violence (Kontras).
Soeharto is alleged to have embezzled some US$419 million and Rp 1.3 trillion (US$150 million) in public money during his leadership.