Jakarta/Brussels, 2 February 2001: Following Soeharto’s fall in 1998, and the violence accompanying East Timor’s vote for independence in 1999, Indonesia promised it would hold the perpetrators of gross human rights violations to account. But prosecutions have been hobbled by corrupt courts, the military’s residual power, competing political pressures, and a lack of funds.
In a new report, Indonesia: Impunity versus Accountability for Gross Human Rights Violations, the International Crisis Group examines Indonesia’s unimpressive record, analysing the legal system and the obstacles to justice. It reviews four major cases that have resulted in convictions, concluding that in all but one there are considerable concerns about the process. Many other instances of blatant violations simply haven’t been touched. The report also considers how a Truth and Reconciliation Commission can help expose gross human rights violations, especially those committed in the more distant past.
ICG President Gareth Evans says “Indonesia should use its laws vigorously, against senior military and civilian officials, not merely subordinates. If it does not, it will convince many that they enjoy impunity to continue human rights abuses. To be a cohesive nation, Indonesia’s institutions must deliver protection and justice to all citizens.”
The political vulnerability of the current government will affect its resolve in pursuing cases against senior military figures. Thursday’s parliamentary censure motion against President Abdurrahman Wahid over two corruption scandals highlights the administration’s weakness. But ICG believes that accountability is crucial to Indonesia’s democratic development and future stability.
The international community has a particular obligation to ensure accountability for Indonesian perpetrators of serious crimes committed in East Timor following the independence vote of 1999. Indonesia has already faced the prospect of an international tribunal to investigate serious crimes, and this option should be reconsidered if progress is not made in a reasonable time in Indonesia’s courts.