Final Report: The Failure of Leipzig Repeated in Jakarta

Ad Hoc Court of Human Rights

East Timor/Indonesia

English

The first session of the Ad-Hoc Human Right Court that started since February 21st 2001 for the gross violation of human right in Timor Lorosae that happened from April until September 1999 has ended. This is the first time in judicial history in Indonesia when the gross violation of human right conducted by high rank military, police and civilian officials is brought into the court, that is the Ad-Hoc Human Right Court. This Court is established under the provision of the Act No. 26/2000 after the failure to establish it through Government Regulation to replace Law (PerPu) by President BJ. Habibie. By establishing this Court, Indonesian Government wants the international community to see that Indonesia has a strong willingness and so determined to fulfill its obligation to bring into court those who are strongly supposed to have committed jus congens crimes according to international law. This is an obligation towards international community as a whole (obligatio erga omnes).

Is the trial against those who are allegedly responsible in the Ad-Hoc Human Right Court conducted in compliance with international principles about the fair and impartial court? This Final Assessment, based on the result of the court sessions observance (February 2001 – July 2003) tries to objectively present the process of the court sessions for the cases that deeply shocked the conscience of international community. All the aspects of the court session - the indictment composed by the state prosecutor, examination process, the charge proposed by the state prosecutor, the judge’s verdict, and the session in the next stage – are scrutinized and evaluated in this Final Assessment.