Robert Go, Jakarta – Indonesia's human rights tribunal yesterday convicted Brigadier-General Noer Muis, a former military chief in then-East Timor, of crimes against humanity committed just before its independence referendum in 1999.
Gen Noer, who served as a colonel in charge of 10,000 troops at that time, is the highest-ranked Indonesian military officer to be found guilty by the courts on Timor-related charges to date.
Prosecutors told the court that while the officer did not take part in the violence, he failed to prevent pro-Indonesia militia from unleashing their anger on pro-independence civilians.
Judges said Gen Noer had prior knowledge of the militia's plans, but allowed them to go on a rampage after Timorese voted overwhelmingly to separate from Indonesia.
An estimated 1,000 people lost their lives during the militia's brutal campaign.
Gen Noer was convicted on three specific incidents – two in the capital of Dili and one in Suai region – where nearly 40 people died.
He was given a five-year jail sentence, but remains a free man pending an appeal.
The court's decision came as Indonesia faces increasing pressure to show its resolve in prosecuting its own military officers who are accused of human rights violations, particularly in relation to events in East Timor, now known as Timor Leste.
Observers say Gen Noer is only the third security officer to be convicted by the tribunal.
Of the 16 defendants whose cases have been completed so far, 11 have been acquitted. The cases of two others are pending trial.
With human rights organisations calling the tribunal a 'whitewash' and a 'sham', Indonesia's reputation depends on the outcome of the trials.
Mr Arief Budiman, who heads the Indonesian programme at the University of Melbourne, said: 'There is tremendous pressure on Indonesia to deal with the atrocities in Timor Leste.
'The country is still dependent on foreign aid and has to showcase how it takes the trials seriously.'
In addition to financial aid, there is the issue of military assistance, which a number of Western countries, including the US and Australia, have suspended pending the trials' completion. But for the government, there is also the consideration that many Indonesians view the accused officers sympathetically and believe they were only doing their job.
Mr Arief doubts that more senior officers, including former military chief General Wiranto, would face charges domestically or be handed over to international tribunals.
He said: 'Indonesians see these convicted individuals as sacrifices made to appease the international community. But if the government does more than that, it risks creating domestic problems for itself.'