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Getting away with murder

Source
The Economist (US) - August 14, 2004

Jakarta – It is about to stage the second half of an election that promises to cement its young democracy into place. But in some ways, Indonesia still shows little sign of bringing its armed forces to heel. Barring a volte face from the Supreme Court, a tribunal prosecuting alleged human-rights abuses carried out during East Timor's referendum on sovereignty in 1999 has now ended the predictable way, with no soldiers or police being punished.

Of the 16 members of the Indonesian security forces and two East Timorese civilians who were indicted, all the Indonesians have either been acquitted or freed on appeal (the quashing of the convictions of the final four was announced on August 6th). The two East Timorese have received minimal sentences: one got three years, the other, after appeal, five.

As far as Indonesia's government is concerned, the matter should now be closed. Many outside Indonesia are unlikely to concur. During and after the referendum, in which the former Portuguese colony voted to obtain independence from Indonesia, about 1,500 civilians were killed, many more forced to flee and much of the infrastructure destroyed.

The inadequacy of the tribunal in Indonesia is highlighted by the contrast with a parallel investigation being conducted in East Timor itself by the Serious Crimes Unit set up by the United Nations. This body has indicted some 375 people and secured more than 50 convictions. Most of those convicted are militiamen who say they were acting under the orders of the Indonesian armed forces. About 280 indictees remain at large in Indonesia.

They include the Indonesian commander at the time, General Wiranto, for whom the unit has issued an arrest warrant. After the announcement of the appeal decision in Jakarta, human-rights groups renewed their demands for the creation of an international tribunal.

So far, however, America is the only major power to have stated publicly its desire to see "a credible level of justice". East Timor itself, eager to maintain healthy relations with its vast and powerful neighbour, opposes the idea of an international tribunal. Indeed, the government has refused to forward General Wiranto's arrest warrant to Interpol.

The apparent impossibility of holding Indonesia's security forces to account may eventually create frustration. This week, the head of special forces was cleared over shooting demonstrators in 1984. The former head of the Jakarta military police was also cleared of failing to prevent the torture of 170 civilian prisoners, following a protest the same year. The judges declared the beatings were only "ordinary" rights abuses.

Attention will turn next to the government's response to a report by the national human-rights commission, leaked this week. It alleges that members of the security forces perpetrated gross human-rights abuses in 2001 and 2003 in the eastern province of Papua. The situation in Aceh, on the northern tip of Sumatra, is equally troubling. Despite the lifting of martial law in May, after a year of fighting against separatists, military operations continue. In recent weeks, the army has reported a big rise in the death toll. It claims that the victims are insurgents, but independent observers say this is hard to verify.

Meanwhile, the armed forces are pushing for a military bill to be rushed through parliament. In its present form, critics say, the proposed bill will make it harder to turn the army into a truly professional force after a long history of involvement in politics. The country's generals have won justified praise for remaining neutral during this year's elections.

You might think they could show a greater willingness to contemplate reform when their interests are being so well protected elsewhere.

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