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Acquittals bolster Indonesia army: analysts

Source
ABC - August 3, 2003

When Indonesia's human rights court sits this week to close the book on 18 trials arising from the bloodshed that ravaged East Timor four-years-ago, one fact stands out – most of the suspects have been acquitted.

That outcome has already been heavily criticised by international and local human rights groups.

Some analysts say what the acquittals have done is to help rehabilitate the military and make it unlikely they will significantly be held to account for abuses in other hot spots such as Aceh, where the army launched a offensive in May.

"They reflect very much not just the continuing, but probably the growing status of the TNI in the Indonesian political environment," Damien Kingsbury said, an expert on the military (TNI) at Australia's Deakin University, referring to the trials.

The military was probably stronger now relative to the government than at any time since the mid-1980s during the iron-fisted rule of ex-general Suharto, Mr Kingsbury said.

Indonesia promised an outraged world it would account for the carnage that accompanied East Timor's vote to break free from Jakarta's rule in August 1999, when militia gangs backed by elements in the Indonesian military went on a killing spree. The United Nations estimates that 1,000 people were killed.

On Tuesday, after more than a year of hearings, the human rights court will hand down its final verdict, on Major General Adam Damiri, the regional military commander at the time and the most senior general on trial for crimes against humanity.

There have been five convictions, including two military officers. All are appealing. The toughest sentence was 10 years, given to a civilian. Major General Damiri himself received a boost in June when the prosecution told the judges to declare him not guilty.

After Suharto's downfall in 1998, the military encountered unprecedented criticism over its role in his autocratic rule. However, under Indonesian President Megawati Sukarnoputri, with whom the generals have good ties, the military has tried to burnish its image. While the renewed war in Aceh is unpopular among Western governments, it has won overwhelming support at home.

Responding to critics of the trials, military spokesman Major General Sjafrie Sjamsuddin said "we did not have any chance to influence the process – it was impossible for us to intervene".

Andi Samsan Nganro, a court spokesman, blamed a lack of evidence for the small number of convictions, adding some witnesses were afraid to come to Indonesia. "Most of the victim witnesses could not be present – what we need is evidence that can uncover what happened," Mr Nganro said.

Indeed, there has been little suggestion that the military, which had 12 personnel on trial tried to influence the proceedings. Some say but that misses the point. The acquittals will only encourage the military to act with impunity in Aceh where another separatist struggle is taking place, a Western diplomat said.

A military court in Aceh has convicted nine soldiers for rape and other abuses during the offensive, but all are low ranking.

Nelson Belo, a Timorese rights activist, lost six friends during the post referendum violence in East Timor. He gave up hoping the Jakarta court would deliver justice long ago.

"An international tribunal needs to be set up in order to bring justice to the people of East Timor and for new crimes in Aceh and West Papua and other Indonesian provinces," Mr Belo said.

Getting an international tribunal to probe the East Timor violence would be a hard sell, but the diplomat added "I think the cynics say it's not going to happen, a lot of things were not supposed to happen, including a referendum".

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