A UN tribunal issued an arrest warrant on Monday against Indonesia’s former military commander General Wiranto for crimes against humanity allegedly committed in East Timor five years ago.
Wiranto is accused of the murder of 1 400 civilians and the forcible deportation of 200 000 people, who left East Timor in a crackdown after the territory’s vote to end 23 years of Indonesian occupation and the persecution of the population at large.
Prosecutors said all countries had an obligation to detain the retired general, who is now one of the favourites in Indonesia’s July 5 presidential election. Interpol is expected to issue an international arrest warrant within weeks.
But despite pressure from the international community, Indonesia said it would not respect the warrant because it does not recognise the jurisdiction of the tribunal.
Wiranto, who denies any wrongdoing, laughed off the UN move as a political stunt to discredit his political ambitions. Analysts say they are not optimistic Wiranto will ever face prosecution due to Indonesia’s opposition, and neighbouring countries’ reluctance to antagonise Jakarta. The general is not expected to risk being seized by visiting potentially hostile countries.
Judge Philip Rapoza, a member of East Timor’s special panels for serious crimes, said in the 20-page warrant: ”There are reasonable grounds to believe that the defendant Wiranto, as a superior officer, bears command responsibility for the criminal actions of the military forces … police and pro-autonomy militia under his authority.”
A tribunal prosecutor, Nicholas Koumjian, said the warrant was issued after the submission of 15 000 pages of evidence, including the statements of 1 500 witnesses.
”Wiranto, as commander of all the Indonesian armed forces, knew widespread and systematic attacks were taking place in East Timor,” he said. ”He failed to take any or reasonable measures to prevent the crimes or punish the perpetrators.”
Wiranto is one of more than 380 people indicted by the UN-run Serious Crimes Unit in Dili. Of those, about 50 have been convicted, mostly East Timorese militiamen unable to flee to Indonesia.
Indonesia’s East Timor tribunal was roundly condemned internationally as a whitewash. The only guilty verdict upheld on appeal is in the case of the East Timorese civilian governor. The Wiranto warrant paints a different picture. It details how the military and their militia cohorts targeted pro-independence supporters first for persecution and then death.
”The killings involved both shootings and other forms of murder, including stabbings, slashings, beheadings and hacking victims to death,” the warrant states. ”The murders were often performed after the victim had been tortured, mutilated, raped or brutalised in some other manner.”
Much of the violence occurred after the result of the referendum, in which 78% of voters opted for independence.
Koumjian said Wiranto winning the presidency would not suspend the warrant’s validity.
”There’s no immunity for heads of state for crimes against humanity,” he said.
Indonesia’s foreign ministry spokesperson, Marty Natelagawa, said the government was ”not particularly troubled” about the warrant. ”We don’t recognise the jurisdiction of that particular panel in Indonesia so it’s not anything of relevance to Indonesia.”
It is uncertain what the impact of the warrant will be on Mr Wiranto’s presidential chances.
”This is a legal process and my legal team are already taking steps to face it,” he told reporters.
”I’ve never been declared a suspect in Indonesia, it’s all just rumours. But it’s strange that this emerged once I became a presidential candidate.”
David Cohen of the Berkley War Crimes Studies Centre, who has followed events in East Timor closely, said: ”I’m not terribly optimistic he will face trial.
”An international arrest warrant will make his life harder but there are people in his position who have escaped prosecution for years and if he’s free to move around the region this might not be too much of a bother for him.” – Guardian Unlimited Â