The conviction of eight Kopassus special forces members in the brutal jailhouse killings of four men at Cebongan Prison was an important step in ending the culture of impunity surrounding the Indonesian armed forces, Amnesty International said.
But the military tribunals, which were tainted by accusations of witness intimidation and hampered by superficial investigations, illustrated how ill-equipped military courts were to try soldiers for rights offenses, the international human rights group said on Friday.
"Military courts should never be used to try its own soldiers for human rights violations – they lack independence and impartiality, in particular in Indonesia where there's a shocking track record of impunity for security forces' past crimes," Amnesty International's Deputy Asia Pacific Director Isabelle Arradon said.
Indonesian armed forces have a longstanding history of human-rights abuses, including accusations of torture and civilian deaths, and violent power struggles with the police.
Most offenses by soldiers have historically been settled behind closed doors and resulted in sanctions, not jail time. Others, such as accusations of military involvement in several acts of violence following the fall of Gen. Suharto, remain unaddressed.
The Kopassus soldiers were found guilty of staging an undercover raid at the Sleman, Yogyakarta, prison and executing four men awaiting trial in the fatal stabbing of a fellow soldier during a barroom brawl. The extrajudicial killings, which were carried out by Second Sgt. Ucok Tigor Simbolon, were seen as the latest example of armed forces acting as though they were above the law.
Human rights groups and legal observers called on President Susilo Bambang Yudhoyono to demand the soldiers face a civilian court and an impartial investigation. The president, a former four-star Army general, has been loath to reform the military during his two terms in office and declined to respond to the requests.
Instead, the soldiers were investigated by a military team that repeatedly characterized the victims, one of which was a Yogyakarta Police officer, as thugs. The Kopassus members, including those who assaulted two prison wardens and shot four unarmed men in the head, were motivated by loyalty to the corps., Brig. Gen. Untung K. Yudhoyono, the head of the investigation team, said shortly after the killings.
The investigation stopped short of implicating anyone other than those directly involved. Allegations that senior military members in Yogyakarta either knew of or played a hand in the killings were ignored, Amnesty International said.
"We are... concerned that military investigators failed to follow up on reports that police or other non-military personnel may have been complicit in the crimes," Arradon said. "A selective investigation can never provide full justice to victims."
Claims of witness intimidation marred much of the military court proceedings as Kopassus supporters held rallies outside the Bantul, Yogyakarta, courthouse.
"These courts... create an intimidating atmosphere for witnesses," Arradon said. "During this trial, there were reports of pro-Kopassus groups being present inside and outside the tribunal on a daily basis – many witnesses said they were scared to testify. These groups also reportedly intimidated the military prosecutors."
In the end eight Kopassus members were sentenced to jail time, ranging from 21 months to 11 years, and dismissed from the military for their roles in the slayings.
Civilians facing similar charges would have faced a maximum sentence of death under Indonesia's Criminal Code.
Amnesty International urged Indonesian authorities to amend the current law to require that all human rights cases involving military personnel were handled by an independent civilian court. The courts must also provide compensation for the victims' families, Arradon said.
"In addition to bringing the perpetrators of these crimes to justice, the authorities must also provide the families of those killed with satisfactory reparations, including compensation, rehabilitation and guarantees that they will not face reprisals or be targeted again," she said.