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Media Coverage of Lumintang Lawsuit
(2000)
Johny quizzed over role in East Timor
violence Johny quizzed over role in East Timor
violence JAKARTA (JP): Former Army deputy chief of staff Lt. Gen. Johny Lumintang was questioned at the Attorney General's Office on Thursday over his alleged role in last year's East Timor mayhem. In a media conference following the four-hour session, Johny, who is now the National Resilience Institute (Lemhannas) governor, said the questioning focused on a telegram he sent to chief of the Denpasar-based Udayana Military Command, Maj. Gen. Amir Damiri, prior to the self- determination ballot on Aug. 30. Johny said the wire that he signed, dated May 5, contained an instruction to the local military to immediately evacuate its personnel in East Timor and their families in case of chaos. "It was aimed at anticipating any chaotic incidents which could occur if the majority of voters were in favor of the second option," Johny said, referring to Jakarta's letting go of East Timor if its wide- ranging autonomy offer was rejected. Johny said at the worst the rejection of Indonesia's autonomy offer could lead to "a civil war", but he would not disclose if there were any indications of it occurring. Violence and destruction wracked East Timor after an overwhelming rejection of the autonomy option. The government-sanctioned Commission of Inquiry into Human Rights Violations (KPP HAM) in East Timor confirmed the strong link between the military and militias, who were blamed for most of the violence in the former Portuguese colony, and that there was proof of efforts to conceal and destroy the evidence. Johny is among 21 military officers and civilian officials facing questioning over East Timor debacle. Attorney General Marzuki Darusman said on Thursday that former Indonesian Military (TNI) chief Gen. (ret) Wiranto was on the list of people to be summoned. Marzuki said the questioning of Wiranto could take place sometime next week. Jakarta Post April 15, 2000 Indonesia to Answer Lumintang
Lawsuit JAKARTA (JP): ... Juwono also said that the government would respond to the lawsuit against former Army deputy chief of staff Lt. Gen. Johny Lumintang 20 days after it was filed in the Washington DC district court on Feb. 28. The decision was taken upon the advice of Pentagon officials, according to Juwono. "Otherwise, Pak Lumintang might receive a subpoena when he visits the U.S.," Juwono said, adding that a quick response was a gesture of respect to the court. He said the military attache of the Indonesian embassy in Washington DC, Brig. Gen. Dadi Susanto, had been assigned to meet the court summons on Johny's behalf. The U.S.-based Center for Constitutional Rights (CCR), the Center for Justice and Accountability (CJA) and James Klimaski on behalf of several victims of the East Timor mayhem sued Johny, who is also the governor of the National Resilience Institute (Lemhanas), for his alleged role in human rights violations. The charges against Johny were made on behalf of a mother whose son was killed, a man who was tortured, and another man who lost his leg during the violence. The identities of the plaintiffs, who are East Timorese, are kept secret for security reasons. The suit also cited a June 1999 army manual, also signed by Johny, which stated that the Army's Kopassus intelligence operatives were to be trained in propaganda, kidnapping, terror, agitation, sabotage, infiltration, undercover operations, wire-tapping and photographic intelligence. Juwono said many items in the lawsuit were incorrect. He suspected that certain Indonesian nongovernmental organizations whom he refused to identify offered the information on which their U.S. counterparts based their lawsuit. U.S. regrets lawsuit against Johny Jakarta Post April 05, 2000 JAKARTA (JP): The U.S. government expressed regret on Monday over a lawsuit filed against Indonesian Army Lt. Gen. Johny Lumintang for his alleged role in violence in East Timor last year. U.S. Ambassador Robert S. Gelbard said his government termed it "an unfortunate circumstance" and promised to personally explain to Johny the details of the legal action as soon as possible. "The U.S. government was not involved with this and I personally consider him as a friend ... this is very unfortunate," Gelbard said after a meeting with Minister of Foreign Affairs Alwi Shihab. However, the ambassador said his government could not help Johny because the case was a civil lawsuit, which according to the country's court system bans the government's intervention. The New York-based Representatives of the Center for Constitutional Rights and the San Francisco-based Center for Justice and Accountability, on behalf of East Timorese plaintiffs, served Johny legal papers when he was in the U.S. last week at the U.S. government's invitation to speak in a seminar about the reform movement within the Indonesian military. Johny is currently governor of the National Resilience Institute (Lemhannas) governor. Gelbard confirmed on Monday there was no criminal lawsuit against Johny, saying the plaintiffs were seeking compensation. "So it was not an issue of him becoming a suspect," he said. Alwi said the Indonesian government will advise Johny not to meet any summons from the United States court following the lawsuit. The minister added Johny could instead asked his lawyers to attend any court hearing. "It is not necessary for Pak Johny to give an explanation to the U.S. court. It is better to send someone else to go on his behalf, a staff from the embassy for instance," Alwi said. He added the Indonesian government could not do more than providing advice because the lawsuit was not filed by the U.S. government. "It's a matter of their legal system and we cannot address the complaint," he remarked. Alwi left for New York on Tuesday for talks on East Timor refugees, but said he would also seek solution for Johny's case upon request of Army Chief of Staff Gen. Tyasno Sudarto. Tyasno said on Monday he expected the foreign ministry to ensure that any government that invited TNI officers would respect their rights and privileges. (dja) U.S. rights groups file lawsuit against
TNI general JAKARTA (JP): Lt. Gen. Johny Lumintang was notified of a lawsuit filed against him by two human rights groups in the United States representing victims of atrocities committed in East Timor last year, a New York-based human rights group said on Friday. The East Timor Action Network (ETAN) said in a media release that Johny, who was the deputy Army chief when the violence broke out, received the notice late Thursday at the Dulles International Airport in Washington. Johny, who is now the governor of the National Resilience Institute (Lemhannas), was in Washington for a conference at the invitation of the U.S.-Indonesian Society. The suit was filed in U.S. District Court on Tuesday by the Center for Constitutional Rights (CCR), the Center for Justice and Accountability (CJA) and James Klimaski on behalf of several victims of the East Timor mayhem. ETAN spokesman John Miller said the suit was necessary because "the United Nations has put an international tribunal on hold and Indonesia's attorney general plans to focus his efforts on only a few of the more widely publicized incidents and Indonesian military commanders allegedly involved in them." The plaintiffs are three East Timorese: a mother whose son was killed, a man who had his foot amputated after being shot and a man whose father was injured and brother murdered. ETAN said the plaintiffs wished to remain anonymous at this time because East Timor remains subject to Indonesian military and militia attacks. Violence ravaged East Timor after the Aug. 30 self-determination ballot. Legal papers filed in court cited a telegram signed by Johny and sent to former Udayana military commander overseeing security in East Timor Maj. Gen. Adam Damiri and other commanders just hours before the agreement to conduct the ballot was signed at the United Nations on May 5. The telegram, ETAN said, ordered commanders to plan a crackdown should the East Timorese vote in favor of independence. This was to include "a plan to move to the rear and evacuate if the second option is chosen". The suit also cited a June 1999 army manual, also signed by Johny, which stated that the Army's Kopassus intelligence operatives were to be trained in propaganda, kidnapping, terror, agitation, sabotage, infiltration, undercover operations, wire-tapping and photographic intelligence. Meanwhile, in Singapore, Adm. Dennis Cutler Blair, commander in chief of the U.S. Pacific Command, said Friday that military ties between the United States and Indonesia could only be resumed if those responsible in the East Timor violence were brought to justice. "We need to see progress in finding who was responsible for the actions following the referendum," Blair, who was scheduled to visit Jakarta next week, was quoted by AP as saying. Blair last visited Jakarta in early September for just a few hours when he met with then military chief Gen. Wiranto to inform him that military ties between the two countries had been cut. "My visit (next week) signifies that we are at least within talking range, so some progress has been definitely made," he said. ANTARA (Indonesian News Service) on Lumintang Lawsuit LT GEN LUMINTANG FACES RIGHTS VIOLATIONS SUIT IN US COURT New York, March 31 (ANTARA) - Former Deputy Army Chief of Staff Lt Gen Johny Lumintang faces a law suit in a U.S. court of law over his alleged role in human rights violations in East Timor. The charges against Lumintang were lodged with a US court by the Center for Constitutional Rights (CCR) on behalf of relatives of several victims of the atrocities, according to John M Miller, chairman of the non-governmental organisation (NGO) East Timor Action Network (ETAN). Miller said a copy of the formal complaint had been delivered to Lumintang Thursday afternoon as the latter was about to take a flight to Paris from Dulles international airport near Washington DC. The charges were made on behalf of a mother whose son was killed, a man who was tortured and another man who underwent torture and sustained a wound to his leg, which eventually had to be amputated, and whose brother was murdered, Miller said. The victims` homes were burned down and they were forced to leave their village following the rule of terror that prevailed in East Timor after the pro-independence group in the province won the UN-administered direct ballot on August 1999. The names of the suing persons were witheld because until now the East Tmorese people were still being targeted by pro-Indonesain militias, Miller said. According to Miller, it was not the first time an Indonesian general is sued for human rights violations in East Timor. In 1994, CCR successfully sued Maj Gen Sintong Panjaitan for his role in the Santa Cruz tragedy in Dili, East Timor, in 1991, where hundreds of East Timorese demonstrators were killed. Panjaitan was then commander of the Udayana Military Region which oversees East Timor. In the suit against Panjaitan, US judge Patti Saris sentenced the general to payment of damages totalling US$14 million. Suit`s legal basis Like the one against Panjaitan, the suit against Lumintang was based on the Alien Torture Claims Act of 1789, which allows any person - US citizens or aliens - to file a suit in the US against a crime committed outside US jurisdiction if the crime violated US or international laws. The 1789 Act was augmented in 1992 with the passing of the Torture Victim Protection Act. According to the Act, the suit can be processed in court if a copy of the complaint has been given to the suspect while he or she was within US jurisdiction. Therefore, in Lumintang`s case, as soon as the court knew that Lumintang was in the US, it made an effort to locate him and, as a result, was able to present a copy of the complaint to him at Dulles international airport. Lumintang, currently Governor of the National Resilience Institute (Lemhanas), was in the US to attend a conference at the invitation of the US-Indonesia Society. The suit claimed, among other things, that Lumintang -- in his capacity as Deputy Army Chief of Staff last year -- sent a telegram to then Udayana Commander Maj Gen Adam Damiri and field commanders in East Timor instructing them to evacuate East Timorese by force should the majority of East Timorese vote for independence in the August 30 popular ballot. Lumintang allegedly issued the order just before the signing on May 5, 1999 of the New York Agreement between Indonesia and Portugal on settlement of the East Timor issue. According to the suit, Lumintang`s instruction was carried out following the popular ballot so that hundreds of thousands of East Timorese were forced to leave their homes. Jakarta deplores lawsuit against
Indonesian general JAKARTA - The Indonesian government today said it deplored a US lawsuit against an Indonesian general for crimes against humanity in East Timor. "We cannot blame the US but we can only say that we regret that that has happened," Foreign Minister Alwi Shihab said before attending a cabinet meeting. "We are perturbed because this concerns a senior officer." Representatives of the US-based Centre for Constitutional Rights (CCR) served General Johnny Lumintang the complaint at Dulles International Airport outside Washington as he was preparing to leave the country yesterday. The plaintiffs are three East Timorese - a mother whose young son was killed, a man who was beaten and shot in the foot, which had to be amputated, and a third whose brother was killed and father injured in East Timor. The allegations relate to a wave of Indonesian army-backed militia violence after East Timor voted overwhelmingly to break away from Indonesia in August last year. The New York-based CCR and San Fransisco-based Centre for Justice and Accountability said the plaintiffs wished to remain anonymous as the militias were still active in the former Portuguese colony. Lumintang, who was vice-chief of staff of the Indonesian Army at the time, is one of the most senior members of the armed forces. He is now governor of Indonesia's prestigious military and political institution, the National Defence Institute (Lemhannas). He was in Washington for a conference at the invitation of the US-Indonesian Society. Lumintang has until April 19 to respond to the charges of 'torture, cruel and inhuman or degrading treatment, wrongful death, assault and battery and intentional infliction of emotional distress'. Or he could ignore the complaint and face the prospect of a default judgment. More media coverage (including web radio)
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