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Military remains above the law, says rights watchdog

Source
Jakarta Post - December 27, 2006

Jakarta – The nation's security forces are still operating above the law as the government's protection of human rights increases, a rights watchdog says.

The Commission for Missing Persons and Victims of Violence (Kontras) said in its year-end report there were bright spots in the government's record on human rights in 2006.

These included the country's upcoming membership of the United Nations Security Council, its term on the United Nations Human Rights Commission and its ratification of the UN conventions on missing persons and indigenous people, along with its regional campaign for increased democracy in Myanmar, Kontras said.

More progress was made in Aceh's peaceful elections, which culminated the peace process in the country's westernmost province, Kontras said.

This record, however, was clouded by what Kontras saw as the government's reluctance to reign in security agencies, the Indonesian Military (TNI), the State Intelligence Agency (BIN) and the National Police, which continue to defy the reform process.

It said in 2006, the military remained autonomous from legal and political controls.

"In terms of professionalism, the TNI registered no significant progress. The institution gave no accountability for human rights violations committed by its members who were involved in shootings, kidnappings, wrongful arrests and physical abuses," Kontras coordinator Usman Hamid said.

This culture of impunity lingered on in the TNI, with many historic cases of human rights abuses involving soldiers remaining unresolved, Usman said.

The military had also successfully opposed efforts to put it under civilian control – indicated in the Defense Ministry's refusal to have soldiers tried in civilian courts for ordinary crimes, he said.

In its report, Kontras also criticized the police for their failure to win the public trust.

"The culture of militarism remains with the police. We have recorded numerous cases of violence, beatings, shootings, the illegal use of arms, wrongful arrests and incarcerations, and the use of torture," he said.

The police were also unable to investigate serious crimes such as the 2004 murder of noted rights campaigner and Kontras founder Munir Said Thalib, he said.

"We have the impression that the police are deliberately dragging their feet in the investigation. They always look for technical reasons to delay the probe," Usman said.

Kontras lambasted BIN for its failure to warn the government about a string of terror attacks committed this year in conflict areas like Central Sulawesi.

BIN was instead busy running a propaganda campaign about the resurgence of communist movements in the country, the rights group added.

"We give BIN a score of 4 out of 10, and if President Susilo Bambang Yudhoyono does not improve, this he will probably flunk next year," Usman said.

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