The President Should Recognize Accountability
President SBY should cooperate with the program for justice in Timor-Leste and the UN Security Council following the release of a recent CTF report.
The administration should use COE and CTF findings as a legal basis to create a special court in Jakarta for investigating and prosecuting ad hoc human rights violations. Such action is strongly supported by the recent evidentiary findings on crimes against humanity by the CTF.
The administration must undertake the establishment of a special court as:
First, international human rights standards and international law principles call for the prosecution of human rights violators (i.e. UN Security Council No. 1573, 12 November 2004).
Second, accountability must be obtained through a formal, cooperative legal process based on international law principles, providing reparation for victims, investigations into unsolved cases, and institutional reform.
Third, gross human rights violations, including crimes against humanity, do not provide an opportunity for amnesty under the principles of international law. These kind of crimes fall under the no safe haven principle.
If the SBY administration fails to support the closure of the CTF, it will have a negative impact on the interest of the nation and the state. Indonesia has the opportunity to, and must, illustrate its willingness to assign accountability and uphold justice.
If Indonesia fails to adequately assign accountability for these crimes, it will greatly hinder the government’s democratic state and destroy the system of law and politics as admitted human rights violators are permitted to live free.
Jakarta , 15 July 2008
HRWG, Kontras, Elsam, impartial, IDSPS
Agung Putri, Choirul Anam, Haris Azhar, Mouvty Makarim, Rafendi Djamin, Rusdi Marpaung, Usman Hamid.