The failure of Indonesia's rights tribunal to bow to international demands for the prosecution of the alleged perpetrators of human rights abuses in East Timor has prompted the indictment of several high-ranking officers, including former military chief Gen. (ret) Wiranto, observers said.
Munir, a cofounder of the National Commission for Missing Person and Victims of Violence, said East Timor's indictment of the seven military generals and the then East Timor governor was the result of the dissatisfaction with Indonesia's failure to bring to justice all those responsible for crimes against humanity before and after the August 1999 UN-sponsored referendum in the former Indonesian province.
He said the ad hoc rights tribunal set up by Indonesia to try those accused of abuses in East Timor should have handed down prison terms of at least 10 years for the perpetrators, as mandated by Law No. 26/2000 on ad hoc human rights tribunals.
Hikmahanto Juwana, an international law expert from the University of Indonesia, said the indictment meant the seven officers and the former governor faced the possibility of arrest and extradition to East Timor should they travel outside of Indonesia.
"Wiranto and the other seven men could be arrested by Interpol if they travel overseas. They would then face extradition to East Timor if the country where they were arrested had an extradition agreement with the former Indonesian territory," Hikmahanto said.
Both Hikmahanto and Munir said the indictment did not violate the principle of nebis en idem, or double jeopardy, should "East Timor consider the ongoing trials in Jakarta to be unwilling and unable to bring these perpetrators to justice".
In Kuala Lumpur, President Megawati Soekarnoputri said Indonesia was not obliged to send Wiranto to East Timor because the countries did not have an extradition treaty.
"We have to be very careful in responding to such demands. So far the government has yet to receive any official request from them [East Timor]," the President said on Wednesday during a press conference in Malaysia, where she was attending the recently concluded Non-Aligned Movement summit.
"We also have to see whether such a request is legally possible as we do not have any arrangements to send our citizens to stand trial there [in East Timor]," the President said.
Megawati said she met with East Timor's President Xanana Gusmao on the sidelines of the summit and "he did not mention anything about any request to arrest Indonesian officials. We only discussed how we could improve our relations as neighbors".
Those indicted besides Wiranto were Maj. Gen. Zacky Anwar Makarim, Maj. Gen. Kiki Syahnakri, Maj. Gen. Adam Rachmat Damiri, Col. Suhartono Suratman, Col. Mohammad Noer Muis, Lt. Col. Yayat Sudrajat and former governor Abilio Jose Osorio Soares.
Late on Wednesday, Wiranto held a press conference to pronounce his innocence and say he did everything in his power to prevent the violence in East Timor before, during and after the 1999 ballot by promoting reconciliation between pro-Jakarta and proindependence groups.