The United Nations Serious Crimes Unit has indicted General Wiranto, the former governor of East Timor, Abilio Soares and six other senior military officers, for murder and persecution in the lead-up to East Timor's independence in 1999. But with the Indonesian Government unlikely to hand any of the men over for trial, will justice ever be done?
Presenter/Interviewer: Kanaha Sabapathy
Speakers: Asmara Nababan, former secretary general of the Human Rights Commission of Indonesia; Hassan Wirajuda, Indonesia's foreign minister; Stuart Alford, the UN prosecutor
Wirajuda: The court that deals with the past human rights abuses in East Timor is basically a national process. It's not at all an international tribunal. Yes they are assisted by the UN mission in East Timor, but they don't have international jurisdiction and for that matter legally they don't have the capacity to reach non-East Timorese.
Sabapathy: Indonesia's Foreign Minister, Hassan Wirajuda at a press conference in Kuala Lumpur effectively stating that Jakarta would ignore the UN indictment. This response is not unusual. Earlier indictments of some 170 people, including Indonesian troops and militiamen in the UN case of crimes against humanity did not materialise in trial with Jakarta refusing to handover the men. In fact so ineffective has been the UN serious crime unit in getting the perpetrators of murder and persecution to trial, that Asmara Nababan, the former secretary-general of the Human Rights Commission of Indonesia sees its indictments as mere gestures.
Nababan: This is a challenge actually and questioned by many human rights activities in Indonesia, as well as in East Timor how UN are able to materialise their indictments. It is a big question. People feel that special units crimes only give a political gesture, not really want to prosecute the case.
Sabapathy: The violence that followed East Timor's referendum on independence left some 1,000 people dead and another 20,000 forcibly deported to Indonesian West Timor. The UN Serious Crimes Unit maintains that the pro-Jakarta milita groups that waged a campaign of terror were funded, aided and abetted by the Indonesian armed forces or TNI.
UN prosecutor, Stuart Alford says as the then head of the TNI, General Wiranto has ultimate responsibility for the violence, but admits that that general may never go to trial.
Alford: I think we accept now that it's going to require something outside of East Timor from if I can say the wider international community to see any movements and any progress in bringing these men before a court.
Sabapathy: But in an international environment consumed by the uncertainty of a looming war over Iraq, what chance of it forcing the hand of Jakarta? Mr Nababan believes it's still up to the United Nations to push Indonesia to respect the UN court proceedings and he believes it's time for it to call upon the Security Council to set up an international court on East Timor.
Nababan: As far as I know, that the recommendation of internationals inquiry for East Timor set up by the general- secretary in '99, it's clearly recommended that the Security Council to establish international court for East TimorSabapathy: And nothing has come out of that?
Nababan: Nothing has come out of that, but I think this is the moment for the general secretary to put that again in the Security Council agenda.