Tribunal test for Indonesia

Over 1,000 people died in the violence

By Richard Galpin BBC Jakarta correspondent

After many delays and doubts whether the East Timor human-rights trials would ever go ahead, the first cases have begun.

Indonesian Justice and Human Rights Minister Yusril Mahendra told me he had checked the readiness of the judges and the technical aspects for the trial.

This court is a better court than an international court - they have to respect it

Trial judge Rudi Rizki

"I've talked to the attorney-general, he's also ready: and the president has signed two decrees to provide protection for witnesses," he said.

"The security forces will be given the duty to ensure their safety. I will co-ordinate with the police chief on this."

The witness protection scheme is a vital element of these unprecedented tribunals, given the senior rank of some of the military and government officials who are due to appear, charged with crimes against humanity.

In the dock: East Timor's ex-police chief Timbul Silaen

There are three generals, including the regional military commander at the time, Adam Damiri.

On Wednesday, the day before the trial opened, there was a reminder of the risks involved in trying to prosecute senior figures when a mob attacked the office of a leading human rights organisation in Jakarta.

It is alleged the mob was linked to the former armed forces chief, General Wiranto, who is under investigation in connection with several human rights cases.

'Strong cases'

Despite this, the judges presiding over the tribunals believe the military will co-operate.

Mentioned in indictment

Attack on refugees at church in Suai - 22 killed and 21 injured

Attack on residence of pro-independence activist Manuel Carrascalao - 12 killed and four injured

Attack on refugees in Dili diocese - 46 killed

Attack on refugees at Bishop Belo's residence - 10 killed and one injured

Attack on refugees at Ave Maria church, Suai - 25 killed

One judge, Rudi Rizki, says the alternative could be an international court.

"This court is a better court than an international court, right, so it is better for them if it is prosecuted here in Indonesia. They have to respect this court.

"I don't think they will give a threat or things like that to us."

Asked if he himself had been threatened so far, he replied: "No, never."

And Mr Rizki rejected suggestions of government interference.

He also believes the prosecutors have drawn up strong cases against those charged.

UN concerns

Evidence has been collected from many witnesses in East Timor itself, which is still recovering from the trauma of what happened three years ago.

Even so, there is widespread concern about whether these trials will be conducted properly.

We will keep the idea of an international tribunal on hold until we see how this goes

Lakhan Mehrotra,
United Nations

It has taken enormous pressure from the international community just to get this far.

Lakhan Mehrotra, of the United Nations administration which is currently running East Timor, is cautious when asked whether he believes justice will now be done.

"This is a matter that we must observe and see. I would not want to pass any judgment as the trial is starting," he said.

But he went on to spell out some of the worries.

Wiranto is conspicuously absent from the list

"There are obviously in the international community wide concerns: about the competence of the judges; their knowledge of international humanitarian law; their capacity to apply it in cases that are now going to come before the courts; of the prosecution, how well they have prepared their cases."

Others, such as the well-known Indonesian human-rights lawyer Frans Hendra Winata, go much further:

"I don't see any particular will from the government to bring this to justice because we have been late for about a couple of years - and [there is] the fact that the prosecutors and even the ad-hoc judges were appointed in closed-door session, rather than transparent and open appointments.

"It is being done behind closed doors, which worries me."

World watches

It is a massive test for Indonesia as to whether it can put its own armed forces in the dock for gross human-rights violations, especially as the current government is close to the military.

But Lakkan Merrotra of the UN says there is little choice.

"The secretary-general is on record saying that he would give the first chance to Indonesia, to establish a credible and transparent system of justice, and we will keep the idea of an international tribunal on hold until we see how this goes."

I asked him: "So if this doesn't work, if the international community is not satisfied, then we're back on course for an international human rights tribunal?"

"Perhaps, yes."

So the international community will be watching developments closely in the hope that Indonesia can prove that no-one - however senior - is above the law.