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Selected Media Coverage of Lumintang Lawsuit
(2001) note: some are outside links Indonesian General on Trial in U.S. Court (Timor
Post, April 3) Indonesia Criticises US in Absentia Human Rights
Trial (Antara, April 6) Timor activist's emotional testimony in US
trial of Indonesian general (AFP, March 28) Minister
of Defence: Indonesian Government Will not Extradite Lumintang to
International Tribunal (Detikworld, March 24)
April 3, 2001 edition of Timor Post, Page 7 Indonesian General on Trial in U.S. Court Fourteen thousand miles from Dili, three East Timorese took the stand in Washington, DC., to tell of their own and East Timor's suffering a the hands of the Indonesian military to a U.S. court. They came to testify, on behalf of themselves and murdered relatives, in their lawsuit against Indonesia's Lt. General Johny Lumintang. The case against General Lumintang is the first brought in any jurisdiction against any Indonesian commander for the systematic destruction following the August 30, 1999 "popular consultation." General Lumintang, who did not defend himself in court, cannot be extradited or jailed because this is a civil lawsuit not a criminal prosecution. The hearing was to determine how much monetary damages he should be required to pay. From March 27-29, presiding judge Aaron Kay received an extensive education on East Timor focused on the Indonesian military's role in the nation's tragic history. The lawsuit, brought under U.S. laws which allow anyone to sue for torture or other systematic human rights violations, even if those acts are committed outside the U.S. Opening the hearing, lead counsel Anthony DiCaprio of the Center for Constitutional Rights told the court that only through first-hand testimony can the true nature of the acts committed by the Indonesian military in East Timor be fully communicated. These acts, including crimes against humanity, war crimes and other serious violations of human rights, were perpetrated not only against the particular East Timorese who had come to court but against the entire population of East Timor. In detailed, disturbing testimony that often brought themselves and observers to tears, the three plaintiffs testified about murdered family members, beatings at the hands of the TNI, forced expulsions, and property destroyed. Testifying were a man who lost his foot after a soldier shot him as he was returning from Dili to his family's hiding place in Dare, and a women whose son was killed by the Indonesian military after he was separated from the family on the day the result of the vote was announced. She and other family members were forced to West Timor. She returned to find her home destroyed. The final plaintiff had sued on behalf of his father whose home was destroyed and his brother who was brutally tortured and killed by soldiers after the vote. Only a handful of bones, ashes and his wallet were found when his body was exhumed. Expert witnesses, including Professor Richard Tanter, gave an overview of East Timor's history, focusing on Indonesia's invasion and subsequent occupation. Tanter described in detail the Indonesian army's command structure, as well as Lumintang's responsibilities in the chain of command. In 1999, Lumintang was the deputy chief of staff of the Indonesian army. He was trained by the U.S. under the Pentagon's IMET (International Military Education and Training) program and had been a past commander in East Timor. Tanter entered into evidence two documents signed by General Lumintang. The first, a telegram to military commanders responsible for East Timor dated May 5 (the day Indonesia, Portugal and Secretary-General Kofi Annan signed the agreement to conduct the popular consultation in New York). The telegram contains an order to implement "repressive/coercive measures" and a plan to "move to the rear/evacuate if the second option [independence] is chosen." The second document is a Kopassus special forces Covert Operations Manual dated June 1999. It advises the use of terror, kidnaping, sabotage and other terror tactics against opponents. Tanter detailed how these and other documents and events confirm the military's role in planning, promoting and carrying out the massive destruction, killings, deportations and other rights abuses that took place during and after the referendum process. He told the court that UN and Indonesian human rights investigations also had clearly placed responsibility for this campaign of destruction and human rights violations on the Indonesian military not some disorganized, undisciplined mob. Summing up the case for Judge Kay, attorney Steven M. Schneebaum, said that the defendant need not have committed rights violations by his own hand. General Lumintang, near the top of the chain of command, probably authorized the what was a "planned campaign of terror, intimidation, kidnaping, murder, burning, rape and other violations." He certainly tolerated or knowingly ignored them and for that must be held accountable He urged a large judgment be imposed to send a strong signal not only to General Lumintang and other Indonesian military officials, but to anyone who feels that they can get away with similar crimes in other places. Lumintang was personally served notice of the lawsuit on March 30, 2000, as he was preparing to leave Washington, DC. Judge Gladys Kessler found him in default last December after he failed to answer the suit. Having lost the case, the hearing is part of the process of determining the amount of money damages, both compensatory for the plaintiffs' suffering and punitive. General Lumintang, currently serves as secretary general of the Ministry of Defense, was trained by the United States under International Military Education and Training (IMET) program. The program has been restricted by Congress at the East Timor Action Network's urging since 1992. Proponents of IMET argue that such training inculcates respect for human rights. Lawsuits, based on the same legal principles, have succeeded against a Guatemalan defense minister, Bosnian Serb Radovan Karadzic and Indonesian General Sintong Panjaitan who was regional commander during the Nov. 12, 1991 Santa Cruz massacre of over 270 East Timorese. In 1992, a court awarded $4 million in compensatory damages and $10 million in punitive damages to Helen Todd, the mother of Kamal Bamadhaj, the only non-East Timorese killed that day. As yet no money has been collected from the General. The Lumintang lawsuit, like the Panjaitan case, is based in part on the Alien Tort Claims Act of 1789 which allows anyone, citizen or not, to sue for acts committed outside the United States "in violation of the law of nations or a treaty of the United States." The 1992 Torture Victim Protection Act restates the 1789 law and applies it to torture victims. Lawsuits can only go forward if the defendant is served legal papers while in the U.S. Counsel for the case include CCR, the Center for Justice and acountability and the law firm of Patton, Boggs. The East Timor Action Network, while continuing to urge the creation of an international tribunal, supported the lawsuit as one way to insure that those responsible for 1999's devastation of East Timor are called to account and to put future rights abusers on notice. Indonesia Criticises US in Absentia Human
Rights Trial (ANTARA) JAKARTA, April 6 Asia Pulse - The Indonesian government has said it opposed the in-absentia trial of Lt Gen Johny Lumintang for human rights abuse in the district court of Washington DC, the United States last March 27-29. "The trial is unacceptable for various reasons. It is difficult for the international community to accept the extra-territorial imposition of the US law on those allegedly violating the law in another country, (in response to a request) by a plaintiff who claims to be a victim who is not a US citizen," the Indonesian Defense Ministry said in a press release issued here Wednesday night. In addition, the trial is against widely accepted principles, particularly the principle of jurisdiction, where the violation had been committed, the release said. It said the trial of those implicated in human rights abuse in East Timor by the ad hoc human rights tribunal sanctioned by the UN Commission on Human Rights is underway. "Based on the 20 pieces of dossiers completed by the Attorney General's Office, Lt Gen Johny Lumintang was not among the suspects (in the human rights abuse)," the release said. It added that the proceedings initiated by US non-governmental organizations, such as the East Timor Action Network (ETAN), is an expression of political spirits to discredit Indonesia. Indonesian government rejects Timor atrocity trial in United States JAKARTA, March 31 (AFP) - The Indonesian government has rejected as unacceptable the trial in the United States of an Indonesian general accused of gross human rights abuses in East Timor in 1999. A foreign ministry press statement issued late Friday rejected the trial in Washington of General Johnny Lumintang because it contravened the "lex locus delecti" principle, under which a trial should be held in the same place as the crime occurred. "The application of US law for a crime that took place in a different country and filed by a non-US citizen will be difficult to accept by the international community," the statement said. "It must be through an Indonesia ad-hoc human rights court which has been approved by the UN human rights commission." "The process to formulate the ad-hoc court for human rights cases in Indonesia is proceeding at this moment after the commission was approved last year," the statement said. It added that the training of prosecutors and judges to stage the court would commence in the near future with the support and technical assistance from the UN high commissioner for human rights. However Lumintang, who is remains on active service, has already been declared innocent of the charges by the Indonesian Attorney Generals Office. The office examined more than 20 dossiers filed by the Komnas-HAM (National Commission on Human Rights) fact-finding team who investigated rights violations in East Timor, the ministry said. The general was brought to trial in absentia in Washington DC earlier this week. He was charged with monitoring and supervising East Timor's pro-Jakarta militiamen to rape, kill, burn and forcibly evacuate East Timorese to neighbouring Indonesian West Timor. Summing up the case in the US District Court on Thursday, lawyer Steven Schneebaum called for a large damages award against Lumintang to send a signal that no-one could escape judgment for crimes against humanity. Lumintang was vice chief of staff of the army at the time of the 1999 East Timor vote for independence from Indonesia, which triggered a rampage by pro-Jakarta militias that launched massacres, forced tens of thousands from their homes and burnt the capital, Dili, to the ground. The case was brought under US legislation which allows American jurisdiction over acts of torture committed outside the country. A lawsuit can only proceed if defendants are served with legal papers while in the United States. Lumintang was presented with the civil suit during a visit to the US in March 2000. A judgment is expected in the next few months. Indonesian general sued in the USA for
human rights abuse A court in Washington has heard evidence of the Indonesian military's direct role in a terror campaign against the people of East Timor. Three East Timorese are seeking punitive damages from General Johny Lumintang for abuses they suffered in 1999, before and after the UN supervised referendum that set East Timor on the path to independence. General Lumintang was Deputy Chief of Staff of the Indonesian army at the time, and is now Secretary General of the Ministry of Defence. The General was served with the civil suit when he visited the United States one year ago, but offered no defence to the court. Judith Chomsky is one of the lawyers acting for the East Timorese plaintifs - I asked her why the case was being heard in the U.S. CHOMSKY: Well there is a law in the United States, actually a 250 year old law, which provides that an alien may come to a Federal Court in the United States to bring a claim for a tort, that is a wrong, which is in violation of the law of nations. That is, you can only bring a case like this, if what you claim the defendant did is something that violates norms that are universally recognised, like the norm against torture or slavery. It's a civil case because it is being brought by people who were harmed, seeking damages for the harm that they suffered, and not by the state seeking to punish by imprisonment or fine. MARES: Is it also the case though that this action is being brought in the United States because of the failure to take this sort of action in Indonesia itself ? CHOMSKY: Oh aboslutely. I think if the plaintiffs believed that there would be justice in Indonesia, and in fact if they believed that it would be safe for them to go to Indonesia, that would be far preferable. MARES: What evidence is there that General Johny Lumintang was directly involved in attrocities in East Timor ? CHOMSKY: He was, you might say, second in command of the army and you can't be a high ranking military official and have the kind of gross human rights violations going on throughout the army's activities in East Timor and not know about them and therefore not be responsible either for having ordered them, or facilitated them, or even for having failed to stop them. Also there were two pieces of specific evidence that linked him to what happened. Once was a telegram that he sent on May 5th [1999], the same day that the referendum was announced, that indicated that certain steps were to be taken in anticipation of a vote against autonomy and therefore [against] continued connection with Indonesia. And the second piece of damning evidence against him is a kind of secret warfare manual that he signed, which talked about various techniques and among those were things like kidnapping and agitation and terror and of course that is what they did. MARES: General Lumintang has not been present at this court case. He's offered no defence at the case. Doesn't that devalue the case itself ? CHOMSKY: We would certainly have preferred for him to come and to make any defence that he thought he could possibly make to the charges against him. It doesn't change the fact that this is an enforcable judgement and that if he were to come to the United States or if we were able to locate his assets we would not go after them. We certainly would and we expect that we would be able to collect. MARES: But this case isn't just about achieving compensation is it ? CHOMSKY: No not at all. We're specifically asking for punitive damages and punitive damages are intended to signal to other would-be wrong-doers that there will be a price to be paid, a warning to them not to repeat the same kinds of activities. And also the level of punitive damages is supposed to reflect the moral outrage over the kind of conduct, the dire nature of the conduct that has been proven. MARES: Is there likely to be an appeal against the decision ? CHOMSKY: I consider that highly unlikely, since he didn't defend and in fact it's arguable that he waived virtually all of the objections he might have made by not defending. MARES: It's expected to be a least one month before the court hands down its decision on the level of damages to be paid.
Judge must send message on war crimes in Indonesia
case : activists WASHINGTON, March 29 Activists urged a US judge Thursday to impose hefty damages on an Indonesian general accused of crimes against humanity in East Timor, hoping the case will alarm human rights abusers across the world. The call came as lawyers for three unnamed East Timorese scarred by militia violence which followed the territory's vote for independence in 1999, wrapped up a three-day civil rights case against Indonesian General Johny Lumintang. Lumintang was vice chief of staff of the army at the time of the vote, which triggered a rampage by pro-Jakarta militias that launched massacres, forced tens of thousands from their homes and burnt the capital, Dili, to the ground. The plaintiffs claimed that top Indonesian officers planned and supervised the militia violence, which claimed an unknown number of lives. Summing up the case in the US District Court in Washington DC, lawyer Steven Schneebaum said a large damages award against Lumintang would send an important signal that no-one could escape judgment for crimes against humanity. The trial, at which Lumintang was not represented, featured moving testimony from three victims of militia violence. One lost a brother, one woman told of how her son was killed and another young man told the court how Indonesian soldiers shot him, causing his leg to be amputated. The case was brought under US legislation which allows American jurisdiction over acts of torture committed outside the country. A lawsuit can only proceed, however, if defendants are served with legal papers while in the United States. Lumintang was presented with the civil suit during a visit to the United States in March 2000. A judgment is expected in the next few months, though it is unlikely that any damages levied will ever be collected. But John Miller of the East Timor Action Network, which supported the case, said that the case had been a valuable forum for victims of the violence to seek some form of justice. And it had sent a message to those accused of perpetrating human rights abuses, he said. "The higher the judgment, the stronger the message," he said. On the first day of the trial on Tuesday, lawyers presented the crux of their case against Lumintang. An expert on East Timor, a former Portuguese colony invaded by Indonesia in 1975, offered evidence linking the Indonesian military with the militia violence. Professor Richard Tanter of Kyoto's Seika University said Australian intelligence intercepts, Indonesian military documents and other evidence showed a campaign by top Indonesian generals to fan militia violence before and after the vote. "It was clearly a campaign of terror," he said. The military's first intention was to "derail the process of popular consultation," Tanter said. When it became clear the vote would not go its way, the army was prepared to evict the population, forcing them to flee to Indonesian West Timor, he said. col/ksb/ch Australian Broadcasting Corporation US lawyers urge punitive damages against Indonesian general Lawyers have urged a court in the United States to award punitive damages against an Indonesian general accused of human rights violations in East Timor. Three East Timorese filed a civil suit against General Johnny Lumintang seeking damages for abuses suffered during East Timor's vote for independence in 1999. At the time General Lumintang was deputy chief of staff in the Indonesian army. He has not offered a defence to the court, and a decision in the case is not expected for at least a month. Laywer Judith Chomsky says that an award of damages would set an important precedent. Punitive damages are intended to signal to other would-be wrong doers that there will be a price to be paid, a warning to them not to repeat the same kind of activities. And also the level of punitive damages is supposed to reflect the moral outrage over the kind of conduct that has been proven. Indonesian Observer Lumintang trial goes against law: Jakarta JAKARTA - The Indonesian government yesterday officially rejected the in-absentia trial in the US of current Lieutenant General Johnny Lumintang, secretary general of the Defense Ministry, which began earlier this week. The Foreign Affairs Ministry in Jakarta said the trial goes against the legal principles accepted by the international community, the so-called lex locus delicti principle, which states that the trial must be conducted in the country where the crime took place. In a press statement issued by the ministry's information directorate said a trial for a case of any human rights violation that took place in East Timor before or after the UN-administered popular consultation in August 1999, should be conducted under Indonesia's jurisdiction. "The application of US law for a crime that took place in different country and filed by a non-US citizen will be difficult to accept by the international community. It must be through an Indonesia ad-hoc human rights court which has been approved by the UN human rights commission." The process to formulate the ad-hoc court for human rights cases in Indonesia is proceeding at this moment after the commission was approved last year. The training of prosecutors and judges to stage the ad- hoc court will commence in the near future with the support and technical assistance from the UN high commissioner on human rights. Additionally, the statement said that the Attorney General's Office (AGO) has declared Lumintang innocent upon examination of over 20 dossiers filed by the Komnas-HAM (National Commission on Human Rights) fact finding team who investigated violations in East Timor. The Foreign Affairs ministry warned that an in-absentia trial might emerge as a bad precedent for the US government itself as it is opposed to the efforts of the international community to try it's citizens in the recently-formed International Crime Court. The ministry outlined that the trial against Lumintang which is promoted by ETAN (East Timor Action Network), an NGO which is renowned for it's anti-Indonesia stance, through its lawsuit is aimed to discredit Indonesia along with its officials, instead of the willingness to create a legal process for the sake of justice. The Washington DC court in the US has commenced an in-absentia trial against Johnny Lumintang who was the Army deputy when the gross human rights violations took place in East Timor before and after the vote for independence. He is charged with monitoring and supervising the East Timor pro-Jakarta militiamen to rape, kill, burn and forcibly evacuate East Timorese to Indonesia's neighboring region of East Nusatenggara (NTT) province. Alwi Shihab: Lumintang Case Need Not be Closely
Followed detikworld - Jakarta, Minister of Foreign Affairs, Awl Shihab believes that the case of Lt.Gen. Johny Lumintang in the in absentia case to be held in the United States is a private matter and is not connected with the government. This is why the Indonesian Government will not be following the case. When asked what diplomatic measures would be taken regarding the case, he answered: "There is no need for measures and it does not need to be followed. This will finish by itself." Alwi quoted the case against Maj.Gen, Sintong Panjaitan, which collapsed due to lack of evidence. When met at the Merdeka Palace, after a meeting with Gus Dur, Alwi confirmed that the US government had contacted Indonesia and said that they will not interfere in legal matters. Alwi also said the Indonesian government deplores what happened in Washington DC, as Alwi believes a person should be tried where the crime was committed. He also believes trying Lumintang in absentia puts Lumintang at a disadvantage. "It should not be done over there but over here, where it happened. This need not be followed as there is no connection with this and the US and Indonesian governments," he said. According to information received, Lumintang is charged with violations of Human Rights (HAM) and crimes against humanity in East Timor. Agence France Presse Timor activist's emotional testimony
in US trial of Indonesian general WASHINGTON, The US District Court in Washington is trying General Johny Lumintang in absentia. He is charged with presiding over gross human rights violations against East Timor's people before and after they voted to leave Indonesia in August 1999. Lumintang was vice chief of staff of the army at the time of the vote, which triggered a rampage by pro-Jakarta militias which launched massacres, forced tens of thousands from their homes and burnt the capital, Dili, and other major towns to the ground. The crux of the case, brought by three East Timorese, lies in the claim that top Indonesian military officers planned and supervised the militia violence, which claimed an unknown number of lives. The first witness, a political activist who's name was witheld for his own safety, said his brother, also a pro-independence advocate, was murdered by militia members and his father was shot in an attempted execution. He repeatedly dabbed his eyes as he recounted how he found out about his brother's death when he returned to East Timor after fleeing to Bali. Relatives told him how militiamen hunted down his brother, whose identity was also withheld from the court, shooting him in the legs and stabbing him, before finally cutting his throat, said the activist. He described how his family had later gone in search of the body, buried by a river in a shallow grave. "We found pieces of his body, fingers," he told the presiding magistrate through an interpreter. When the activist was asked by lawyers how much he missed his brother, he broke down, prompting the magistrate to halt the hearing for the day. The case was brought under US legislation which allows American jurisdiction over acts of torture committed outside the country. A lawsuit can only proceed however if defendents are served with legal papers while in the United States. Lumintang was presented with the civil suit during a visit to the United States in March 2000. He did not answer the charges so was declared by the court to be in default -- the case which opened on Tuesday centres on punitive damages to be levied against the general, who as expected did not appear in court and was not represented. Testifying against the general, now secretary general of Indonesia's ministry of defense, an expert on East Timor, a former Portuguese colony invaded by Indonesia in 1975, offered evidence linking the Indonesian military with the militia violence. Professor Richard Tanter of Kyoto's Seika University said Australian intelligence intercepts, Indonesian military documents and other evidence showed a campaign by top Indonesian generals to fan militia violence before and after the vote. "It was clearly a campaign of terror," he said. The military's first intention was to "derail the process of popular consultation" Tanter said, and when it became clear the vote would not go its way, was prepared to evict the population, forcing them to flee to Indonesian West Timor, he said. Two other plantiffs, one who lost her activist husband in the violence, and one who lost a leg to a militia attack, are due to testify in the case which ends on Thursday. Activists hope that the case will renew pressure to bring those suspected of human rights violations in Indonesia to trial. "Lawsuits like this one can help insure that those responsible for 1999's devastation of East Timor are called to account, while putting future rights abusers on notice," said John Miller of the East Timor Action Network. Civil suit against Indonesian general to be
heard Washington A civil lawsuit filed in U.S. federal court against an Indonesian general, Johny Lumintang, claiming he ordered a crackdown against East Timorese civilians, will be heard Tuesday in U.S. federal court. The lawsuit was filed last year in U.S. District Court by three groups on behalf of a mother whose son was killed, a man who had his foot amputated after being beaten and shot, and a man whose brother was shot and killed during the military attack in East Timor following the August 30, 1999 plebiscite. Lumintang was the vice chief of staff in the Indonesian army at the time of the East Timor crackdown. He was served notice of the lawsuit March 30, 2000, while in transit at Washington's Dulles International Airport. Lumintang did not appear at the court trial date so the case was automatically ruled in favour of the plaintiffs. Lumintang is not expected at the hearing Tuesday which will decide on the level of damages awarded to the plaintiffs. The lawsuit, filed by the New York-based Center for Constitutional Rights, the San Francisco-based Center for Justice and Accountability and Washington lawyer James Klimanski, cites a telegram signed by Lumintang and sent to the regional military head and other commanders just hours before the agreement to conduct the plebiscite was signed at the United Nations in May 1999. According to a statement by the East Timor Action Network, the telegram ordered the commanders to plan a crackdown if East Timorese residents voted for independence. An Indonesian government investigation and U.N. Commission of Inquiry both concluded that the Indonesian military was involved in a"systematic and massive scorched earth campaign" before and after the plebescite. The lawsuit was filed under U.S. legal precedents dating back to 1789 which allows anyone to sue for acts committed outside the United States "in of the law of nations or a treaty of the United States." A 1992 law protecting victims of torture restates and updates the 1789 law. Such lawsuits can only go forward if the defendant is served legal papers while on U.S. soil. A similar lawsuit filed in 1994 by the Center for Constitutional Rights resulted in an award of 14 million dollars in compensatory and punitive damages to a civilian against Indonesian Major General Sintong Panjaitan for his role in the 1991 massacre in Dili, the East Timorese capital, in which 270 people were killed. In the referendum, East Timor voted for independence but pro- Indonesian militia terrorised the area, resulting in the establishment of a peace-keeping force to restore order. dpa ps pr East Timor: Washington Court Begins Hearings in
Suit Against Indonesian General A Washington court begins Tuesday hearings on a damages claim against a ranking Indonesian general allegedly involved in crimes committed in East Timor. The case against Gen. Johnny Lumintang was filed by the Center for Constitutional Rights, the Center for Justice and Responsibility and the law firm of Patton, Boggs. The complainants are using an 18th- century law that allows a case to be filed against anyone who "violates the law of nations or a treaty involving the United States", even if such acts were committed abroad. The only requirement is that the accused must be legally served in American territory. Gen. Lumintang received documents informing him of the suit during a visit to the United States last March. As he did not respond to court summons, the case is likely to be limited to testimony and the judge's decision on an eventual indemnity. Gen. Lumintang was the deputy chief of staff of the Indonesian army in 1999, including the period after East Timor's independence plebiscite, when that territory was devastated by pro-Jakarta militias backed by the Indonesian military. Among witnesses due to testify in the Washington court are a representative of the East Timorese rights organization Yayasan Hak. Two other witnesses include a women whose son was killed by Indonesian troops and a man who lost a foot after being shot. The case is the second involving the activities of Indonesian officers in East Timor to be tried in an American court. The first was in 1992, when Gen. Sintong Panjaitan was ordered to pay damages of dlrs 14 million to families of victims of the 1991 Santa Cruz massacre, in which up to 270 people are said to have died. The general did not participate in the trial and is unlikely ever to pay any quantity of damages. East Timor was occupied by Indonesia from 1975 to 1999. It is currently governed by a UN transition administration mandated to prepare the territory for full independence, likely within the next year. JBC -Lusa GENERAL LUMINTANG TO GO ON TRIAL IN U.S. FOR ROLE IN EAST TIMOR RIGHTS ABUSES Friday, March 23, 2001/10:36:27 AM New York, 23/3 (ANTARA) - Next week a U.S. court in Washington, DC, will hear evidence that Indonesian General Johny Lumintang is responsible for gross human rights violations and crimes against humanity committed in East Timor. Judge Alan Kay will preside over the hearing from Tuesday, March 27 to Thursday, March 29 in courtroom 5 at the U.S. Federal Courthouse Washington D.C. Court is in session from 9:00 a.m.-5:00 p.m local time. The proceeding will determine the amount of compensatory and punitive damages to be assessed against Lumintang, who is not expected to attend. "Lawsuits like this one can help insure that those responsible for 1999`s devastation of East Timor are called to account, while putting future rights abusers on notice," said John M. Miller of the East Timor Action Network to ANTARA New York. "While no substitute for an international tribunal, all available means must be used to bring justice for East Timor," added Miller, who is supporting the suit. In 1999, Lumintang was the vice chief of staff of the Indonesian army. Following the August 30, 1999 UN-organized referendum, the Indonesian military systematically destroyed East Timor, murdering at least 1500 East Timorese and destroying 70-80 percent of the infrastructure. Hundreds of thousands were forced from their homes. Plaintiffs who have travelled to Washington to testify include a victim of Indonesian military violence whose father was injured and brother killed in post-election attacks. Two other East Timorese targeted by the Indonesian military in September 1999, during the "scorched earth" campaign following the overwhelming vote for independence from Indonesia will also testify: a mother whose son was shot and killed, and a man who lost a foot after he was shot by an Indonesian soldier. Lumintang was personally served notice of the civil suit on March 30, 2000, while visiting the Washington, DC area. After he failed to answer the charges, including crimes against humanity, summary execution, and torture, a judge declared Lumintang to be in default. Next week`s hearing will determine the amount of damages for the plaintiffs and the amount to be assessed against Lumintang in punitive damages. Lt. Gen. Lumintang currently serves as secretary general of the Ministry of Defense. In 1992, a judgment for $14 million was issued in a similar case against Indonesian General Sintong Panjaitan for his involvement in the Nov. 12, 1991 Santa Cruz massacre of over 270 East Timorese. The Lumintang lawsuit, like the Panjaitan case, is based in part on the Alien Tort Claims Act of 1789 which allows anyone, citizen or not, to sue for acts committed outside the United States "in violation of the law of nations or a treaty of the United States." The 1992 Torture Victim Protection Act restates the 1789 law and applies it to torture victims. Lawsuits can only go forward if the defendant is served legal papers while in the U.S. Counsel for the case are the Center for Constitutional Rights, the Center for Justice and Accountability and the law firm of Patton, Boggs. Johny Lumintang akan Diadili di Pengadilan
Federal AS TEMPO Interaktif, New York:Pengadilan Federal Amerika Serikat di Washington bakal menggelar perkara gugatan terhadap Letjen Johny Lumintang yang dituduh bertanggungjawab terhadap pelanggaran HAM dan kejahatan terhadap kemanusiaan di Timor Timur. Sidang pengadilan yang akan dipimpin Hakim Allan Kay ini akan berlangsung tiga hari, dimulai Selasa (27/3) sampai Kamis (29/3). Demikian bunyi siaran pers yang diterima TEMPO Interaktif New York dari East Timor Action Network (ETAN), salah satu NGO yang menjadi sponsor utama gugatan ini. Persidangan ini bisa dipastikan tidak akan dihadiri oleh Lumintang yang sekarang menjabat Sekjen Departemen Pertahanan dan Keamanan. Dalam gelar perkara perdata ini, hakim akan memeriksa bukti-bukti keterlibatan Lumintang untuk kemudian memutuskan jumlah ganti rugi yang harus dibayar Lumintang. "Gugatan ini akan memastikan bahwa mereka yang bertanggungjawab terhadap kerusakan di Timor-Timur tahun 1999 dikenai hukuman dan akan membuat membuat efek jera bagi mereka yang akan melakukan pelanggaran HAM di masa depan. Sementara pengadilan internasional belum terbentuk, semua cara harus ditempuh untuk mewujdukan keadilan di Timor-Timur," ujar John Miller, juru bicara ETAN. Lumintang, dianggap bertanggungjawab terhadap aksi bumi hangus di Tim-Tim menyusul jajak pendapat 30 Agustus 1999 yang disponsori PBB. Kala itu ia menjabat sebagai Wakil Kepala Staf Angkatan Darat (KSAD). Aksi kekerasan tersebut, kata Miller, disponsori oleh TNI dan menghancurkan 70-80 persen prasarana umum di Tim-Tim, menelan korban nyawa 1500 dan memaksa ratusan ribu orang mengungsi. Gugatan terhadap Lumintang ini dilakukan oleh beberapa warga Tim-Tim yang menjadi korban kekerasan pasca jajak pendapat. Para penggugat itu kini sudah ada di Amerika Serikat dan akan memberikan kesaksiannya di depan pengadilan pekan depan. Dalam kasus ini, para pengugat diawakili oleh kuasa hukum dari Center for Constitutional Rights (CCR), The Center for Justice and Accountabulity dan kantor pengacara Paton, Boggs. Lumintang sendiri secara pribadi telah menerima kopi gugatan ini pada 30 Maret 2000 ketika ia sedang berada Washington DC. Penyerahan surat gugatan ini ini dilakukan oleh para kuasa hukum penggugat saat Lumintang berada di Bandara Dulles Internasional untuk pulang ke Indonesia. Setelah gagal menjawab semua tuduhan dalam gugatan tersebut, hakim menyatakan bahwa Lumintang bersalah. Kasus ini bukan kali pertama dialami oleh seorang jenderal dari Indonesia. Pada tahun 1992, Mayor Jenderal Sintong Panjaitan juga dijerat gugatan yang sama tatkala ia sedang sekolah di AS. Ia digugat atas keterlibatannya dalam kasus pembantaian massal di Santa Cruz, Tim-Tim, 12 Nopember 1991 Pengadilan Federal AS memutuskan hukuman denda sebesar US$ 14 juta. Tapi, Sintong tidak pernah membayar denda itu sepersen pun. Pemerintah AS tidak bisa memaksa Sintong untuk mematuhi keputusan hakim ini. Kecuali kalau ia punya harta di AS, pengadilan bisa menyitanya. Sama seperti kasus Sintong, Gugatan atas Lumintang didasarkan pada "Allien Tort Claims Act" tahun 1789 yang mengizinkan siapa pun, warga AS atau bukan, untuk menggugat suatu tindak kejahatan yang dilakukan di luar AS yang melanggar hukum atau traktat AS. Selain itu juga didasarkan pada "Torture Victim Protection Act" tahun 1992 yang mengukuhkan hukum serupa tahun 1789 yang melindungi korban penganiayaan. Gugatan yang mendasarkan diri pada kedua Undang-Undang ini baru bisa dilaksanakan jika tertuduh menerima gugatan ketika sedang berada di AS. (Supriyono/New York) More media coverage (2000)
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