INDONESIAN MARINES CONVICTED IN LANDMARK HUMAN

C O N F I D E N T I A L SECTION 01 OF 02 JAKARTA 001564 SIPDIS DEPT. FOR EAP, EAP/MTS, EAP/MLS, DRL, DRL/AWH NSC FOR EPHU E.O. 12958: DECL: 08/15/2018 TAGS: PGOV KJUS ID SUBJECT: INDONESIAN MARINES CONVICTED IN LANDMARK HUMAN RIGHTS CASE REF: A. JAKARTA 207 ¶B. 07 JAKARTA 2787 AND PREVIOUS ¶C. 07 SURABAYA 16 JAKARTA 00001564 001.2 OF 002 Classified By: Pol/C Joseph L. Novak, reasons 1.4(b+d). ¶1. (U) This message was coordinated with Consulate General Surabaya. ¶2. (C) SUMMARY: In a landmark case for human rights accountability in the Indonesian military, Surabaya Military Court sentenced 13 marines to prison on August 14 for the shooting deaths of four civilians and wounding of eight others in East Java in May 2007. The case was noteworthy both because of the relatively swift execution of justice and the transparent nature of the proceedings. Human rights groups criticized the sentences as too light, although they were within the sentencing guidelines for military courts. The case highlights the need for military personnel to receive more training on how to deal with civilians. END SUMMARY. ¶3. (SBU) A BREAKTHROUGH FOR ACCOUNTABILITY: A major military trial has concluded in Surabaya. The August 14 sentencing of 13 marines for last year's fatal shooting of four villagers and wounding of eight others in a land dispute clash in Pasuruan District (near Malang),East Java, is a breakthrough in transparent justice for human rights abuses committed by the Indonesian military. ¶4. (SBU) In the worst case of violence by military personnel against civilians in several years, military leaders had pledged soon after the incident that there would be justice in the case (see reftels). They furthermore agreed with the National Human Rights Commission, an independent body, request that this and other such cases be tried in open court proceedings (Ref A). The case was significant not only because of the convictions but also because the results of the tribunal were made public. Prior to this case, military tribunals were not open to the press or public so that outcomes seldom came to light. ¶5. (SBU) Human rights activists told us that the sentences of between 18 and 42 months were too light for the crime. Still, they acknowledged that the punishment conformed with military sentencing guidelines. A civilian court would have handed down sentences of up to 15 years, they asserted. The heaviest sentence was given to the platoon leader, First Lt. Budi Santoso, the media reported. A human rights lawyer in Surabaya, East Java, said the sentences should have been heavier because he believed the shootings were intentional. ¶6. (C) MILITARY PERSPECTIVE: The military does not see things quite that way. An Indonesian military source close to the investigation told Mission's Marine Attache last year that the Navy's investigation had revealed that the marines fired warning shots into the ground when confronted with angry villagers who were pelting them with debris; six marines were injured. The shots reportedly ricocheted off the ground, killing bystanders not involved in the protest (Ref B). ¶7. (C) Other human rights observers told us the root causes of the incident were the marine base being located among civilians and the marines being poorly trained to deal with conflicts with civilians. Police should have been responsible for controlling the dispute rather than marines. Long-standing land disputes are a leading cause of conflict between the security forces and civilians. JAKARTA 00001564 002.2 OF 002 ¶8. (C) In a separate case of transparent accountability for crimes committed by the military, three soldiers from an Army battalion (Battalion 731) were sentenced to eight months in prison for attacking police headquarters in Central Maluku on February 2. The dispute was publicly explained by authorities as retaliation over a personal dispute. ¶9. (C) MORE TRAINING NEEDED: While the military needs to do more to account for past human rights abuses, these two cases mark a clean break with the past and a political willingness to end a cultural of impunity. The military has committed few if any major human rights abuses in recent years. In the first one to come to light since the end of the conflict in Aceh, the military has taken swift action to punish the perpetrators. The best way the USG can support the military to prevent such events occurring in the future is to provide more training for the armed forces. HUME