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ELSAM Report on Indonesian Ad Hoc Trials = for East=20 Timor
Report No. 9

PROGRESS REPORT = IX=20
Monitoring Team for
Human Right Ad Hoc Court for
The = Case of=20 Gross Violation of Human Rights in East Timor=20

Jakarta, 20 December 2002.


"CRIME AGAINST HUMANITY WITHOUT ACCOUNTABILITY"

Introduction

The Ad Hoc Human Rights Court for the East Timor Case up to now = has=20 issued verdicts for 6 dossiers. At the first phase the defendant = Abilio=20 Soares (former East Timor governor) has been judged guilty and was = prosecuted to 3 years of imprisonment, whereas Brigjend = (Pol)(Police=20 Brigadier General). Drs. Timbul Silaen (former Head of Regional = Police=20 Force for East Timor) and Herman Sedyono et. al (for the attack of = Ave=20 Matia church in Suai) has been judged not guilty of the gross = violation of=20 Human Rights in East Timor.

In the second phase Eurico Guterres (former vice commander of=20 PPI/Commander of Aitarak) has been judged guilty and prosecuted to = 10=20 years of imprisonment, while Endar Priyanto (former Military = Division=20 Commander (Dandim)1627 Dili), Asep Kuswani (former Military = Division=20 Commander (Dandim)1638 Liquica), Adios Salova (former Head of = Regiment=20 Police Force (Kapolres) Liquica) and Leonito Martins (former Head = of=20 Regency of Liquica) have been judged "not guilty" and was released = from=20 all charges put forth by the Ad Hoc prosecutors.


Legal Basis and Principles Employed by The Judges as the = Ground of=20 the Judgment

By reviewing some of the judgments of the court, where only two = defendants have been judged guilty, both civilians (Abilio Soares = and=20 Eurico Gutteres), the assumption that this court in general has = failed in=20 determining the parties accountable for the gross violation of = Human=20 Rights in East Timor is reaffirmed. The absence of guilty verdict = on=20 defendants from TNI and Police circle has invoked questions on how = the=20 facts have been revealed in the trials, how the judges have been=20 extracting the legal facts revealed in the trials and based on = what=20 grounds the judges have been extracting the legal facts as well as = how the=20 judges have been applying the legal facts extracted with the = provisions=20 indicted upon the defendants.

In this position, the deliberation of the judges has become = very=20 important in explaining and constructing the appropriate decision=20 accordingly to their position as the organ of the court that is = assumed to=20 comprehend law. In the context of Human Right Court, the judges' = knowledge=20 of law should include the particulars concerning if there is a = lack of=20 necessary legal instruments and/or an urgency for legal = interpretation.=20 The Ad Hoc Human Rights Court that is legally processing cases = related to=20 crime against humanity is the first ever in the judicial history = of=20 Indonesia. Legal problems, both formal and material in nature, = often arise=20 in the process of the trial, creating hindrances in the process of = the=20 trial.

In the practice of the judicial system, absence of law often = results in=20 the widening gap between the execution of law and justice. In this = condition, the role of court becomes crucial in interpreting the = law and=20 not only observing the provisions literally. Aside from that, the=20 provisions of law should also be reviewed from their relation with = the=20 judicial practices concerning similar cases. This would represent = the real=20 legal condition, thus the gap between positivist law and the law=20 developing in the society can be avoided or at least minimized. =

Law No. 26 year 2000 about Human Rights Court is a law that = much adopts=20 the provisions, norms, and principles of International Law. By = observing=20 the process of the Ad Hoc Human Rights Court thus far, it can be = seen that=20 the law itself is quite insufficient in=20 international-legal-standard-trials concerning gross violations of = human=20 rights. The limitations of the national legal instrument require = the=20 judges to refer to relevant international jurisprudence and = judicial=20 practices in order to ensure the verdicts reached would be = relevant with=20 the spirit and objectives of the enactment of Law No.26 year = 2000.

Analysis on the legal principles or basis used by the judges to = construct their judgments is an important factor, because they = affect the=20 application of law upon the facts revealed in the trials. The most = important measuring stick is the legal principles and basis used = by the=20 judges in the substantiation process to extract the legal facts = from the=20 evidences presented in the trials and the legal basis or = principles=20 utilized in analyzing the elements in the articles upon which the=20 defendants are indicted.

The Substantiation System and The Judges' Perspectives upon the = Victims' Testimony

The substantiation method to summarize legal facts is basically = bound=20 to article 183 of the Criminal Procedural Law (KUHAP) which sets = the=20 condition that there should be two legal evidences from which the = judges=20 draw the belief that a crime has been committed and the defendant = is the=20 accountable party. To be considered legal, the evidences should = conform to=20 article 184 (1) KUHAP, which if related to the article 183, then a = defendant can only be judged guilty if his/her crime can be proven = with at=20 least two legal evidences.

The above substantiation method is the method adopted in common = criminal trials, whereas since the crime against humanity is an=20 extra-ordinary crime, it requires a different substantiation = method or=20 system. The international judicial practices can serve as a = relevant=20 guideline, including in the positioning of victim-witnesses' = testimony=20 against those who are not victims.

In the judgment for defendant Eurico Guterres, the panel of = judges=20 employs legal basis from national law as well as the jurisprudence = in=20 international judicial practices concerning the trial for gross = violations=20 of human rights.. In determining legal facts from the testimony of = witnesses and other evidence, the panel has compared between the = national=20 criminal procedural law as the basic provision, especially = concerning case=20 substantiation (see table) with the international legal practice, = of which=20 the judges quoted from a case in the jurisdiction of ICTY which = set aside=20 the principle "one witness is not a witness", since in that = particular=20 case many potential witnesses were afraid of revenge. In the = deliberation=20 in the judgment, the panel has adopted the legal fact from = witnesses who=20 are most likely to be more trustworthy, namely the = victim-witnesses, who=20 experienced and witnessed the incident first-hand, and whose = testimonies=20 were interrelated and corroborating one with another. The = affirmation from=20 the panel that has put more trust to the victim-witnesses' = testimonies is=20 related to the extraction of the legal fact that there was = involvement=20 between the defendant in that trial and other parties in = committing=20 omission with the attack.

In the case of Endar Priyanto, the panel of judges gives no = detailed=20 explanation on the involved considerations and legal basis in = concluding=20 the legal facts. The panel of judges in this case has employed = testimonies=20 of victim-witnesses but does not firmly adopt them as legal facts = by still=20 elaborating upon the testimonies of other witnesses. The panel is=20 reluctant to firmly conclude that there were members of TNI = involved in=20 the attack of Manuel Carascalau's residence.

In the case of Asep Kuswani, et, al, the panel of the judges in = extracting the legal facts has not succeeded in proving the = involvement of=20 TNI members and police officers in the attack of Father Rafael's=20 residence/ Liquica church complex. The presence of the = victim-witnesses'=20 testimonies that firmly confirmed the participation of members of = TNI and=20 police in the attack are not adopted as a legal fact by the = judges, due to=20 the testimonies of other witnesses negating them.

Comparing the three cases, the system of substantiation adopted = in the=20 three cases is accordingly to the substantiation system stipulated = in the=20 KUHAP. However, each panel attains a different perspective in = valuing the=20 testimony of a victim witness. Theoretically, there is an = opportunity in=20 employing the testimonies of a victim witness, which usually has = to stand=20 on their own due to the small number of victims willing to = testify, if the=20 judges can interrelate the testimonies of the individual = witnesses.

Legal Basis and Principles in Elaborating the Elements/ = Articles of the=20 Indictment

In the above dossiers, one can see a basic difference in the=20 elaboration of the elements of the articles the defendants are = indicted=20 upon. The difference is concerning the basis of the judges' = consideration=20 in elaborating the elements of the articles the defendants are = indicted=20 upon by employing international jurisprudence and norms that are = relevant=20 with the case on trial.

In the case of Eurico Guterres, the panel of judges firmly = refers to=20 the practices of the Nuremberg and Tokyo trials, ICTY and ICTR in = the=20 elaboration on individial responsibility. The judges also employ=20 international provisions in elaborating command responsibility = (see=20 table). The considerations in the elaboration of each element = indicted are=20 always explained by utilizing the practices in the international = human=20 right courts, the developing legal doctrines, and the principles = and=20 stipulations of international law. The panel judges firmly states = that the=20 principles of international law are relevant with the gross = violations of=20 Human Rights in East Timor.

In the case of Endar Prianto, there are not many cases in the=20 international human rights courts nor the international law's = doctrines=20 and principles employed in the considerations of the elaborations = of the=20 elements in the articles the defendant is indicted upon. The panel = of=20 judges only refers to the case of Akeyesu in the ICTR as a = comparison in=20 explaining command responsibility.

In the case of Asep Kuswani et. al, the panel of judges in = elaborating=20 the elements of the articles of the indictment does not include = any=20 case-comparison nor international law's provision. The judgment is = constructed by employing the logic of common criminal code without = offering neither adequate references nor sources from the = international=20 practices in interpreting and elaborating each element contained = in each=20 article of the indictment.

By reviewing the cases of Eurico guterres, Endar Prianto and = Asep=20 Kuswani et. al, one can already assess the quality of each = judgment. An=20 important aspect is the awareness of the panel of judges that the = existing=20 national legal instrument for the Ad Hoc Human Rights Court is=20 insufficient, making legal interpretation crucial, since in = absence of law=20 judges are obliged to do so. From the three cases it can be seen = that=20 there are difference in the interpretations of Law no. 26 year = 2000.

Gross violation of Human Rights and Crime Against Humanity in = the=20 Judgments

The judgments of the three dossiers, namely: Eurico Guterres, = Endar=20 Priyanto and Asep Kuswani et. al, concerning two gross violations = of human=20 rights namely the attack upon the residence of Manuel Viegas = Carascalao=20 and the attack of the residence of Father Rafael, state that the = incidents=20 are proven to be gross violations of human rights as stipulated in = Article=20 9 letter a and 9 letter h Law No 26 year 2000, namely crime = against=20 humanity in form of widespread and systematic attack, knowing the = attack=20 is targeted upon civilians, by murder and torture. (see table)


Gross Violations of Human Rights in the Judgment

CASE IN THE INDICTMENT IN THE JUDGMENT
EURICO GUTERRES = Crimes=20 against Humanity based article 9a (murder) and article 9h for = torture in=20 Law No 26 year 2000 Substantiated
ENDAR PRIYANTO Crimes against = Humanity based article 9a (murder) and article 9h for torture in = Law No 26=20 year 2000 Substantiated
ASEP KUSWANI Crimes against Humanity = based=20 article 9a (murder) and article 9h for torture in Law No 26 year = 2000=20 Substantiated


The panel of judges in the judgment of Eurico Guteres = states: "=20 =85.that in this case based on the facts revealed in the court = there were=20 violence, murders, tortures subjected upon the community and arson = with=20 similar pattern in almost all parts of East Timor which consisted = of 13=20 regencies."=85..=85"that the violence, murders, tortures committed = by the=20 Pro-Integration group were a part of the plan and strategy to make = the=20 pro-integration side win in the referendum, when that objective = was also=20 in line with the government's policy, which is to make East Timor = remain=20 to be a part of the united republic of Indonesia."=85.."based on = the above=20 consideration the panel of judges view this element is proven = since it has=20 been proven by law.

The panel of judges in the judgment of Endar priyanto states: = =85.."with=20 the above understandings as guidelines along with the legal facts = revealed=20 from the testimony of the witnesses, the testimony of the = defendants as=20 well as other efforts of proof, the panel views that the incidents = on=20 April 17, 1999 as gross violations of human rights based on the = following=20 reasons, first, the attack had claimed victims, dead or wounded, = who were=20 civilians, second, the incidents had been executed systematically, = which=20 can be seen from how organized the group of attackers and=20 pro-integration/autonomy in using generic weapons, blades, arrows = to=20 consciously commit murder and torture, resulting in death and = injury that=20 they intended to be afflicted upon the victims. There was a = sufficient=20 time-span for the group to assemble until it reached hundreds in = number.=20 Third, that the groups was organized is proven by the fact that = there were=20 leaders of the pro-integration/autonomy group"

The Panel of judges in the judgment of Asep Kuswani case stated = that:=20 =85=85"based on the above line of reasoning according to the = court's opinion=20 =85=85=85.all the elements contained in article 9a has=85that the = indictment of=20 the prosecutor stating that there have been gross violations of = Human=20 Rights in form of murder has been fulfilled"=85=85"thus since all = the elements=20 concerning torture have been fulfilled, the elements of torture on = grounds=20 of difference in opinion, ethnic, race, religion, sex or other = reasons=20 have been proven.

Based on the above opinions of the panels it can be seen that = up to the=20 level of determining whether or not there have been gross = violations of=20 human rights as stipulated in Article 9a and 9 h Law No 26 Year = 2000, the=20 panels for the three cases have agreed with the prosecutors'=20 indictment.

The Perpetrator of Crime Against Humanity In the Judgment

It has been explained that at the phase of determining whether = or not=20 there have been gross violations of human rights as stipulated in = Article=20 9a and 9 h Law No 26 Year 2000, the panels of judges have = succeeded in=20 determining that the incidents were gross violations of human = rights.=20 However, at the phase of determining who the actual perpetrators = are for=20 the crime against humanity, each panel has shown stark differences = (see=20 table):

The Perpetrators of the Crime Against Humanity in the = Judgments

CASE IN THE INDICTMENT IN THE JUDGMENT
EURICO GUTERRES The=20 perpetrators are the troops of or the group named aitarak and the = troops=20 of fighters for integration (pasukan pejuang intergrasi), with = troops of=20 TNI. The perpetrators are the militia groups aitarak and besi = merah putih=20 along with members of TNI from Maubara who participated in the = attack=20 after the mass ceremony in the lawn of the East Timor Governor = Office, and=20 the security apparatus committed negligence in preventing or = stopping the=20 attack.
ENDAR PRIYANTO The perpetrators are Militia groups and = members=20 of TNI from Dilli and Liquisa The perpetrators are the = pro-integration=20 group Besi merah putih, whereas the existence of perpetrators who = were TNI=20 members from Military Rayon Commando of Maubara has been denied by = several=20 other witnesses
ASEP KUSWANI dkk The perpetrators are the Besi = Merah=20 Putih group, TNI members and members of RI Police Force The = perpetrators=20 are the besi Merah Putih group.

The panel of judges in Eurico Guteres' judgment = stated:=85=85.."that the=20 panel of judges believes that from the existence of facts as = elaborated=20 above, the participating mass group attacked the refugees was a = part of=20 the members of Aitarak and Besi merah putih whose emotions were = provoked=20 after listening to the defendant's speech, and enacted his intent = to=20 murder the anti-integration group by attacking the refugees."

The panel of judges in the judgment of Endar Priyanto = stated:=85=85.." that=20 based on the legal facts revealed during the trial, it is clear = and proven=20 that the perpetrators of the attack were a part of the = pro-integration=20 group (besi merah putih) using generic weapons, blades and arrows = upon the=20 victims who were in the residence of Manuel Viegas Carascalao on = 17 April=20 1999."=85.."that though the prosecutor in his indictment stated = that there=20 were TNI members =85.and from the facts revealed in the trial, = there were=20 TNI members from the Koramil Maubara, which was not included in = the=20 jurisdiction area of Military Division Command (Dandim) 1627 = Dilli, whose=20 presence was however denied by several other witnesses."

The panel of judges in the judgment of Asep Kuswani case = statted=20 that:=85=85.."Considering that based on the above elaboration the = court views=20 the incident happened on 6 April 1999 at the residence of Father = Rafael=20 within the Liquisa Church complex as an attack from one group, = namely the=20 BMP, upon another party, namely the pro-independence refugees who = were at=20 time in fear and seeking a safe refuge."=85=85=85.."based on the = above facts=20 thus the perpetrator of the violation is the Besi merah putih = group."

From the three dossiers, only in the case of Eurico Guterres = the panel=20 of judges decides that the perpetrators in the attack were the = members of=20 TNI accordingly to the indictment of the prosecutor, whereas in = the cases=20 of Endar Priyanto and Asep Kuswani the panel of judges of each = case is of=20 the opinion that there is not any proof that there were members of = TNI=20 involved. In the case of Eurico Guterres the panel of judges does = only=20 state there was an attack by military members, but also the = security=20 apparatus at the time neglected to do the appropriate actions. =

Upon this issue the panel of judges in Eurico's trial states: = =85.."that=20 from the testimonies of the witnesses which truth is credible, = since one=20 with the other are interrelated and corroborating and thus the = panel=20 judges can obtain the legal fact which truth can be affirmed, that = the=20 militia attacking Manuel Carrascalao's residence on 17 April 1999, = consisted of pro-integration Militia from the Dili Aitarak group, = and the=20 Besi Merah Putih group as well as several TNI members from Maubara = whose=20 names have been mentioned by the witnesses =85=85."(page 102)

=85." Considering that based on the above facts, there was an = act of=20 omission committed by the defendant upon his subordinates in the = attack=20 upon manuel Carrascalao. This omission was not only exercised by = the=20 defendants but also by the military apparatus, Danrem(Military = Regiment=20 Commander) Tono Suratman, authorized civilian officials, including = the=20 governor and the Mayor of Dili, along with other security = apparatus who=20 ought to have been responsible.(page 150)

Command Responsibility "Crimes Against Humanity" in the = Judgment
The=20 implication of the judgments on the perpetrators of crimes against = humanity as elaborated above in turn affects in determining who = should be=20 accountable for the crimes as stated in the indictments (see = table)

Perpetrator in the Judgment
CASE IN INDICTMENT IN = JUDGMENT
EURICO=20 GUTERRES The one criminally accountable is the defendant based on = civilian=20 command responsibility The defendant is responsible on the conduct = of his=20 subordinates. Aside from him, the judges state that Tono Suratman, = the=20 Governor of East Timor, the Mayor of Dilli, and other TNI = apparatus have=20 exercised omission on the attack.
ENDAR PRIYANTO The one = accountable is=20 the defendant based on military command responsibility. The = defendant can=20 be held responsible because there is no proof that his = subordinates within=20 the command line has participated in launching the attack.
ASEP = KUSWANI=20 et. al Asep Kuswani : accountable based on his position as a = military and=20 civilian commander Leonito Martins : accountable based on his = position as=20 a military and civilian commander Adios Salova : on his position = as a=20 military and police commander The defendant Asep Kuswani cannot be = held=20 criminally accountable since there is no proof that his = subordinates have=20 conducted the attack.Leonito Martin cannot be held responsible = because=20 there is no proof that there was any relation between the = defendant and=20 the perpetrators Adios Salova cannot be held responsible because = there is=20 no proof that there was any relation between the defendant and the = perpetrators

The panel of judges in the judgment for the case of Eurico = Guterres=20 stated : =85=85.."Considering that since there has been a fault of = the=20 defendant namely the members of Aitarak and BMP who attacked = Manuel=20 Carrascalao's residence as the result of the defendant failing to = exercise=20 correct and appropriate control upon his defendants whereas the = defendant=20 as the vice-commander (of PPI) and the commander of aitarak = acquired the=20 ability to prevent the deeds of his sub-ordinates and thus for the = misdemeanors of his sub-ordinates he can be accountable as their = superior=20 or a leader of PPI."=85=85=85.."Considering that based on the = above facts there=20 has been omission exercised by the defendant on his subordinates = in the=20 attack of Manuel Carrascalao's residence. This omission was not = exercised=20 only by the defendant but also by the military apparatus, Danrem = Tono=20 Suratman, authorized civilian officials, including the governor = and the=20 Mayor of Dili, as well as other security apparatus who should also = be=20 accountable."(page 150)

The Panel of Judges of Endar Prianto case stated that: = =85=85"from the=20 legal facts revealed in the trial the defendant knew that there = was a=20 gross violation of Human Rights at the residence of Manuel Viegas=20 Carascalao on 17 April 1999 from the report of witness Salmon = Manafe,=20 however in that incident it is not proven that there was any = involvement=20 of TNI members from Kodim 1627 Dilli"=85.."that though above it is = stated=20 that the defendant knew and acquired the information, but since as = elaborated above there was no subordinate of the defendant proven = to have=20 committed gross violation of human rights and aside from that the=20 defendant did not neglect the information =85=85..that since the = gross=20 violation of human rights committed by the subordinate of the = defendant is=20 not proven, in relation with the principles of command = responsibility,=20 thus the panel concludes that the defendant should not be = considered=20 criminally accountable on gross violation of Human Rights, which = is not=20 proven to have been conducted by his subordinates"

The Panel of Judges in the judgment for the case of defendant = Asep=20 Kuswani states: =85=85"the first defendant Asep Kuswani did not = have any=20 hierarchal command and effective control relation with BMP which = was=20 included in the pro-integration group and on the other hand BMP = was not a=20 troop under the jurisdiction and effective control of defendant = Asep=20 Kuswani,=85that defendant Asep Kuswani cannot be held accountable = for the=20 gross violation of human rights".

The panel of judges in the judgment for defendant Adios Salova=20 states:=85" between defendant Adios Salova there was no command = relation nor=20 effective control upon BMP and likewise BMP was not under the = command and=20 effective control or under the power and effective control of the=20 defendant".

The panel of judges in the judgment for defendant Leonito = Martins=20 state:=85" there was no and did not acquire the relation of=85=20 superior-subordinate within the power of control of order upon the = BMP and=20 in turn BMP was not a troop under the jurisdiction and effective = control=20 of the defendant".

From the three case dossiers, also only the panel of judges = from Eurico=20 Guterres case that has succeeded in pointing out the existence of = one's=20 command responsibility for the conducts of one's subordinates. = Whereas the=20 panels of judges for Endar Priyanto and Asep Kuswani et. al. have = failed=20 in showing the command responsibility in both cases. The argument = of the=20 judges was merely "no proof that shows the subordinate-superior = relation=20 between the perpetrators and the defendant, thus the defendant is = free=20 from the command responsibility"

The Victims' Right for Compensation in the Judgment

The granting of compensation, restitution and rehabilitation = for=20 victims of gross violation in Human Rights in East Timor ought to = have=20 been announced in the judgment of the judges, accordingly to = Governmental=20 Regulation (PP) No 3 Year 1999 on compensation, restitution, and=20 rehabilitation for the victims in the Ad Hoc Human Right Court for = East=20 Timor. However, in reality, none of the panels of judges in the = three=20 cases includes the rights of the victims in their judgments. This = is so=20 even though in the deliberation on gross violation of Human = Rights, all=20 panels decide that there have been gross violation of Human Rights = in East=20 Timor. (see Table).

Right of Victims in the Verdict
CASE JUDGMENT
EURICO = GUTERRES Not=20 mentioned in Judgment
ENDAR PRIYANTO Not mentioned in = Judgment
ASEP=20 KUSWANI et. al. Not mentioned in Judgment

This absence of the fulfillment of the victims' right for = compensation=20 is bizarre, considering the panels' agreement that gross = violations of=20 Human Rights resulting in victims have occurred in East Timor (see = table)

Amount of Victims in the Indictments and Judgments
CASE IN=20 INDICTMENT IN JUDGMENT
EURICO GUTERRES 12 dead3 injured 11 = dead3=20 injured
ENDAR PRIYANTO 12 dead3 injured There were victims dead = or=20 injured, but of indefinite number
ASEP KUSWANI et. al 22 = dead21=20 injured 5 dead20 injured

Thus the failure in including the right of the victims in the = judgments=20 has violated and diminished the right of the victims for = compensation,=20 restitution and rehabilitation. Not on this is a violation to the=20 Government Regulation (PP) No 3 on compensation, restitution and=20 rehabilitation for victims, it also violates the International = principles=20 concerning this right as contained in the Boven Principle.


Summary

The judgment of the Judges for the three cases (except the case = of=20 Eurico Gutteres) in general has shown the Ad Hoc Human Right = Court's=20 failure in determining the accountable parties for the gross = violations of=20 Human Rights in East Timor.

The Court's judgments for the three dossiers have shown similar = patterns with the three previous judgments, which is the = indication of the=20 tendency to put away civilians as to be the accountable parties = for the=20 gross violation of Human Rights in East Timor and to rescue the = military=20 personnel from prosecution.

This court has failed in comprehending and relating the = definition of=20 command responsibility with the incidents that happened in East = Timor=20 where the superiors/commanders ought to have been accountable for, = and=20 thus this Ad Hoc Human Rights may not be a good precedent to the = future=20 Human Right Court processes.

The judgments of the AD Hoc Human Right Court thus far is a = possible=20 serious threat to the upholding and protection of Human Rights in=20 Indonesia, and serve as an indication that the legal system = developed has=20 failed thus far in struggling against crime against humanity.

The court has also failed in providing justice for the victims = of gross=20 violations of Human Rights in East Timor by neglecting to address = the=20 victims' rights to reparation, namely for compensation, = restitution and=20 rehabilitation, in the judgments issued..

These failures have been initiated by the failure of the = prosecutors in=20 exercising its functions and duties effectively in proving the = indictment,=20 and thus this proves the lack of will, seriousness, and sincerity = of the=20 prosecutors in executing their duties.

Jakarta, 20 December 2002.
The Human Right Ad Hoc Court = Monitoring=20 Team
The Institute of Research and Advocacy
(ELSAM)
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