The Jakarta Post, February 27, 2003
Dili indictment based on command responsibility
Nug Katjasungkana, Contributor, Dili
On Tuesday, the Dili-based Office of the Prosecutor General of Timor Leste issued an
indictment of former military commander Gen. (ret) Wiranto and six other officers who
served in East Timor, as well as former governor Abilio Jose Osorio Soares, of crimes
against humanity. The following are excerpts of an interview with the Prosecutor of the
Serious Crimes Unit, Stuart Alford.
Question: What evidence do you have of the link between the Indonesian Military
(TNI) and the militia in East Timor in 1999?
Answer: Militias were part of TNI's ability to commit violent acts. The evidence we
have collected shows quite clearly that TNI was in control, in effective control, over
the militia groups. That evidence comes from witness statements -- 1,500 witness
statements -- which support the conclusions we've reached.
We believe evidence from witnesses who were here -- some from people here, the
militia, TNI personnel, civilian authorities -- leads to the conclusions in the indictment.
Nothing in the indictment is speculative...We based the charges on the evidence we
have collected and can prove them in court against the men charged.
We have identified seven of the eight men -- except Wiranto -- as playing a part in
forming and establishing the militia by the issuing of instructions -- particularly to
subordinate TNI officers -- giving money for weapons, or by their verbal support and
cooperation which, given the intent of the militia groups, clearly demonstrate that the
support of the TNI hierarchy was important -- they knew the militia could commit
these crimes without being punished. The evidence is clear they were not punished.
How does Wiranto's responsibility differ from the others'?
Wiranto is the only man in this indictment against whom we don't have evidence of
personal participation, by which I mean we don't have evidence of the things he said or
orders he gave, which directly led to the establishment of militias.
But throughout the whole period, he had command authority over all of the men
charged, apart from Soares, and all TNI personnel who were here in 1999. During that
period, it is clear that not only men in command, but all ranks and levels of TNI
soldiers, were involved in crimes. Some of these are the men at the end of the chain
of command using knives and weapons to kill people, but nonetheless these were
men under Wiranto's command.
It goes further: Wiranto had command responsibility, but because of the relationship
between TNI and the militia groups, he ultimately had control over militia groups as
well, because the militia groups were controlled by TNI subordinates.
Wiranto was repeatedly told by the press, members of the international community,
and East Timorese leaders that TNI soldiers and militia groups were committing
crimes throughout East Timor.
We use the long and growing history of command responsibility -- arguments
developed at trials in the Hague, in Rwanda, after World War II in Japan and the
Nuremberg trials in Germany. This is one in a long line of cases, the most recent of
which is the (Slobodan) Milosevic trial in the Hague (on war crimes in Bosnia).
Cooperation from Indonesia would be needed to take these people to court. What if
Indonesia does not want to deliver them to Timor Leste?
We believe that the process in East Timor against these eight men is getting as far as
we can take it. We have investigated, analyzed the evidence, filed the indictment with
the Dili District Court and arrest warrants are in process and will be issued soon.
Once obtained, they will be sent to the Attorney General in Indonesia, and also
lodged and filed with Interpol, which means that any other Interpol country has the
obligation to enforce the arrest warrants.
We believe it will require something outside of East Timor to bring these men to court
in East Timor -- Interpol or international or diplomatic pressure, or pressure from
organizations and individual countries to see that something is done.
All contents copyright © of The Jakarta Post.
|
