Court acquits ex-E. Timor police, military officers

0 Comments | Asian Political News, August 19, 2002

JAKARTA, Aug. 15 Kyodo

(EDS: ADDS ACQUITTALS OF MILITARY OFFICERS)

Indonesia's human rights court acquitted Thursday former East Timor police chief Brig. Gen. Timbul Silaen, another police officer and four military officers of crimes against humanity committed before, during and after the 1999 U.N.-organized independence referendum in East Timor.

''It could not be legally proved that (Silaen) had committed acts as accused by the first and second charges. Because of that, the defendant must be released from the charges,'' said Andi Samsan Nganro, head of the five-judge panel.

''So, his name should be rehabilitated,'' Nganro said.

Upon hearing the verdict, dozens of policemen, many in plainclothes, applauded while Silaen tried to hold back tears.

Government prosecutors had demanded 10 years and six months in jail for Silaen's alleged failure to take ''proper and necessary measures'' to stop or prevent those under his authority from conducting human rights violations.

The violations occurred during a series of attacks against pro-independence East Timorese in Liquica, Dili and Suai between April and September 1999, during which more than 100 people were killed and hundreds more wounded.

''As of September, the security control in East Timor had been handed over from the police to the TNI (the Indonesian military), so he was no longer responsible for security and order at that time,'' the Nganro said.

Nganro said no policemen, Silaen's subordinates, were proved to have been involved in any riots in East Timor between April and September 1999.

''Because of that, the defendant could not be held responsibility for what happen during that time,'' the judges ruled.

The defendant also carried out his duties as police chief during the same time period, even allowing the East Timor police headquarters to be turned into a refugee camp, Nganro said.

Manuel Carascalao, an East Timorese leader whose son and others taking shelter in his house were killed when attacked by pro-Jakarta militiamen, testified earlier Silaen was the only senior Indonesian security chief who ''showed responsibility'' during that time.

A letter from East Timor President Xanana Gusmao to the court also argued in Silaen's favor.

The ad hoc Human Rights Tribunal was launched Jan. 31 to try 19 people, including three generals and leaders of pro-Jakarta militia groups, named by the Attorney General Office as violators of human rights in East Timor.

Later Thursday, the human rights judges rejected charges against TNI officers Col. Herman Sediono, the former regent of Covalima; Col. Lilik Koeshardiyanto, the former Covalima military commander, and Majors Achmad Syamsudin and Sugito, who were staff officers at the Covalima military command. They also acquitted Adj. Commissioner Gatot Subiakto, the former police chief in the Covalima capital Suai.

The government had sought jail terms of between 10 years and 10 years and six months for the four TNI men and the former police chief.

According to the judges, the five accused had ''tried to use every effort in their limited capacity'' to prevent pro-Jakarta militia men from attacking civilians.

At least 27 people, including three Roman Catholic priests, were killed when pro-Jakarta militia men attacked a church in Suai where about 2,000 pro-independence East Timorese were taking shelter on Sept. 6, 1999.

On Wednesday, former East Timor Gov. Abilio Jose Osorio Soares was sentenced by the same court to three years in jail for his failure to control his subordinates and to prevent violence before, during and after September 1999.

East Timor gained independence May 20 after four centuries of Portuguese rule, 24 years of Indonesian occupation and two-and-half years of U.N. transitional administration.