Indonesia: Major General found guilty in crimes against humanity trial still a serving officer in Aceh
Amnesty International today condemned Indonesian trials that resulted in light sentences for those held responsible for
crimes against humanity in East Timor in 1999 ? including a military officer currently serving in Aceh.
The process has not been effective in either delivering justice or truth and now requires the international community to
act, Amnesty International said following today's conviction of the last suspect, Major General Adam Dimiri.
Major General Damiri was one of 18 people brought to trial in the ad hoc Human Rights Court on charges relating to
crimes against humanity in East Timor in 1999. Of the 18, who included senior Indonesian military and police officers,
12 were acquitted. The six who were found guilty were sentenced to between three and 10 years' imprisonment. Major
General Adam Damiri, who is the highest ranking military officer to have been brought to trial, was sentenced to three
years' imprisonment. As with the other five who have been convicted, he is expected to remain free pending the outcome
of his appeal.
"Today's verdict is surprising, but does not diminish the fact that deliberate efforts to subvert the course of justice
and shield senior officials from being held fully to account have taken place" Amnesty International emphasised.
The organisation has repeatedly drawn attention to shortcomings in the trials and urged the Indonesian authorities to
take measures to strengthen the process. One of the main weaknesses has been the prosecution which presented weak and
contradictory indictments. It also failed to present credible cases in court and provided a version of events in
Timor-Leste in 1999 which bore little relation to reality. In the trial of Major General Adam Damiri, the prosecutor
even argued that the case should be dropped for lack of evidence, making the guilty verdict all the more surprising.
Major General Adam Damiri was unable to attend several court sessions because of his duties relating to the recently
declared military emergency in the Indonesian province of Nanggroe Aceh Darussalam. Amnesty International strongly urges
that he is immediately withdrawn from active duty now that he has been found guilty of failing to prevent violence in
Timor-Leste in 1999.
Other concerns raised by Amnesty International throughout the trial process included the inadequate legal framework and
the limited jurisdiction of the ad hoc Human Rights Court, the lack of a thoroughness and impartiality of the
investigations, the absence of effective victim and witness protection and the inexperience of the judges.
Others have expressed similar concerns, including the UN Secretary-General, the UN High Commissioner for Human Rights,
the European Union, and various governments.
"Indonesia's failure to heed the warnings and to respond adequately to demands to improve the process means that the UN
must now take it upon itself to follow through on its demands for justice", said Amnesty International.
Amnesty International urges that, as a first step, the UN undertakes an independent review of the trials in order to
establish what has been achieved to date and what action must now be taken to overcome existing legal, institutional and
political obstacles to ensure a comprehensive and credible justice process and a full airing of the truth. Such a review
should examine the trials in Indonesia as well as the efforts to investigate and prosecute serious crimes also being
undertaken in Timor-Leste.
The UN established Serious Crimes Unit has made considerable progress in recent months and has now issued indictments
against 301 people to be tried by Special Panels set up in Timor-Leste. Among those indicted with committing crimes
against humanity is Major General Adam Damiri. However, obstacles remain to completing the investigations and
prosecutions, including lack of cooperation by Indonesia which has refused to transfer suspects to Timor-Leste for trial
- 221 of those indicted are currently at large in Indonesia.
"Indonesia's lack of cooperation with the process in Timor-Leste is just one more indication of its lack of commitment
to a credible justice process. Having proved neither able nor willing to respond adequately, the authorities must now
stand back and allow the international community to ensure justice is done and seen to be done." Amnesty International
concluded.
Background
It is estimated that some 1,300 people were killed in Timor-Leste in the months proceeding and in the immediate
aftermath of a UN organised ballot on independence on 30 August 1999. More than a quarter of a million people were
forcibly deported or fled across the border to West Timor in Indonesia, where an estimated 28,000 remain in refugee
camps today. An unknown number of people were subjected to other human rights violations, including torture and rape.
These crimes were not spontaneous, but part of well coordinated efforts by members of the Indonesian military, police
and civilian authorities to influence the outcome of the ballot and to disrupt the implementation of the result. The
creation of, and support for militia, including through the provision of funds and weapons, were central to these
efforts.