Jakarta – Defence lawyers Thursday challenged Indonesia's new human rights court as illegal as East Timor's former governor and police chief appeared again over militia atrocities in the territory in 1999.
The objection was made by lawyers in the trial of ex-governor Jose Osorio Abilio Soares, 54, who is accused of gross human rights violations by ignoring crimes committed by his deputies. Also appearing separately in the court for the second time was former police chief Timbul Silaen, 53, who faces similar charges.
Outside Central Jakarta district court about 100 supporters of notorious pro-Jakarta militia chief Eurico Guterres protested at what they called foreign interference in justice and aired support for the Indonesian military and police actions in East Timor. Demonstrators burnt a mock ballot box to show opposition to the territory's United Nations-sponsored vote for independence in August 1999. "Serious war crime? It's crazy, Mr Annan" read one placard in reference to the UN secretary-general.
A total of 18 military, police, militia and civilian officials including Guterres are due eventually to face trial in the rights court over the army-backed attacks by pro-Jakarta militias on independence supporters in April and September 1999.
Soares and Silaen, who are accusing of ignoring the massacre of scores of people, face penalties of between 10 years' jail and death if convicted. Juan Felix Tampubolon, for Soares, said the defence team had demanded a review by the People's Consultative Assembly and by the Supreme Court of the 2000 law which set up the rights court.
"The Human Rights Law very much runs against the constitution concerning the principle of retroactivity. It is very clear in the constitution that the principle of retroactivity [passing a law to punish earlier crimes] cannot be applied to anyone over anything," Tampubolon said.
"That is the essence of our objection to the trial ... we are certain that if the review of the law is purely conducted on a legal basis, then this trial will not continue." The defence team also said the law did not mention East Timor as part of the court's jurisdiction.
Otto Kaligis, another defence lawyer, said the trial of Soares "was full of political content and influence from overseas." The defence team also said Soares should not be held accountable for his subordinates' actions since district heads were chosen by the local parliament. Soares, 54, is charged with responsibility for violations by the civilian heads of the Liquicia and Covalima districts, Leonito Martins and Herman Sedyono, and by Guterres.
Prosecutors in Silaen's trial at the same court rejected some similar arguments raised last week by his lawyers. They said the jurisdiction cited by defence lawyers referred only to a permanent human rights court and not an "ad hoc" one like the current hearing. Both cases were adjourned to March 28. Neither defendant is in custody.