HONOLULU (Jan. 20) -- Indonesian justices and international humanitarian law experts discussed ways to strengthen independence and respect for Indonesia's judiciary at an East-West Center seminar last week.
Navanethem Pillay, a South African former president of the International Criminal Tribunal for Rwanda who is now a justice on the International Criminal Court, said it was important to share her experience in helping move South Africa's judiciary from an oppressive legal system to one with a human-rights approach. "Indonesians need to know how to take the first steps to restore independence and respect for the judiciary," Pillay said.
The Seminar on International Humanitarian Law for the Indonesian Supreme Court was the second such meeting held at the East-West Center. Participants included members of the Indonesian Supreme Court, the High Courts of Jakarta and Surabaya, and a group of international faculty from the International Criminal Tribunal for the former Yugoslavia, the International Criminal Court, and elsewhere.
Pillay said the presence of unlimited numbers of military personnel in Indonesian courtrooms is "very intimidating for judges and witnesses."
"Can you imagine how close that comes to threatening a judge? It's important for us to understand the realities," Pillay said. "The respect (for the judiciary) is not there."
Indonesia's Chief Justice Bagir Manan said Indonesia started its reform of the judiciary seven years ago after the downfall of President Suharto. "We try to do our best as an independent judiciary but there are a lot of challenges," he said.
While Manan said there is "no direct intimidation" of judges, "there might be indirect. When many military come into the courtroom, judges feel this is a kind of intimidation."
Manan said he has sent a letter to the armed forces headquarters and suggested that military personnel not wear uniforms in the courtroom.
Judiciary challenges include improving the skills and integrity of Indonesia's judges, increasing human resources, and improving facilities and management of the justice system, Manan said. Special issues include bringing improvements to the Ad Hoc Human Rights Court. This court was established in November 2000 by the Indonesian Parliament as a response to international outrage over alleged human rights violations in East Timor by the Indonesian military and police, government officials and Timorese militia leaders.
Indonesia's judiciary is also directing its attention to Aceh, where the recent earthquake and tsunami killed judges and destroyed facilities. Manan said he is looking for the simplest way to continue judicial services under difficult circumstances.
The seminar provided an opportunity for members of the Indonesian Supreme Court and Appellate Courts to engage in discussions with international experts on issues of mutual concern regarding international justice and human rights. It was co-sponsored by the East-West Center and the War Crimes Studies Center and the Human Rights Center at the University of California Berkeley. It also received support from the Canadian Government Human Security Program and the Wang Family Foundation, and cooperation from The Asia Foundation.
For more information, contact David Cohen at djcohen@socrates.berkeley.edu.