Attorney General's Office Silent Over the Elimination of Activists
Friday, 24 November, 2006 | 17:55 WIB

TEMPO Interactive, Jakarta: The Attorney General's Office (AGO) has not yet commented on the report of the Human Rights National Commission (Komnas HAM) concerning the elimination of activists during 1997-1998. AGO is preparing an official statement that will be announced publicly. “I will prepare it with a constitutional basis. There is no need to argue, there is no need to assume,” said AGO spokesperson I Wayan Pasek Suartha in a press conference at his office yesterday (11/23).

Pasek was also reluctant to assure if the AGO has received a report of Komnas HAM and when the official statement will be delivered. According to Pasek, should the elimination be brought to human rights court, the attorney as public prosecutor will be responsible for the legal process, “Instead of the House of Representatives.”

Komnas HAM has asked for support from the House of Representatives (DPR) to urge the President to order police and AGO to investigate the elimination case of activists in 1998. Komnas HAM has also asked that the government return the victims to their families. “In this case, the government must be responsible,” said Head of Komnas HAM Abdul Hakim Garuda Nusantara.

In its research, Komnas HAM has found an indication that there was violation to human rights in 13 activists. The research will be submitted to the AGO. The President has also been urged to form an ad hoc court.

According to the professor of criminal law at University Padjadjaran, Komariah Sapardjaja, the DPR political decision is important because the case occurred before the regulation was enacted. Article 4 of the Human Rights Law states that the rule is imposed retroactively: the case prior to the legalization of the regulation requires the political attitude of the House. The reason is that some generals, suspected of being involved , used the retroactive provision in order to be absent from the investigation of Komnas HAM. “Should it be imposed retroactively, there must be a political decision,” he said.

FANNY FEBIANA | TITO SIANIPAR