SOEHARTO'S HEALTH AND LEGAL CASE

By Andi Abdussalam

     Jakarta, May 20 (ANTARA) - While former president Soeharto is still going through a critical stage in his treatment at Pertamina hospital, a public controversy is raging outside the hospital about his fate as a leader accused of massive corruption.

        The former Indonesian strongman who was facing critical political stage these weeks eight years ago is struggling for his life at the hospital. Outside the hospital, those discontented with the handling of his legal case are calling for his trial in absentia.

        Calls for his trial in absentia were among others made by former president Abdurrahman Wahid and former chairman of the People?s Consultative Assembly (MPR) Amin Rais. The same call was also made by the ranks of law enforcers and other quarters.

        On the opposite side, there are also suggestions that Soeharto be given amnesty, pardon or clemency. Soeharto's case should well be closed. Abdurrahman Wahid and Megawati Soekarnoputri, two most harmed parties when Soeharto was in power did nothing to settle Soeharto's legal status when they were president. This means that Soeharto's case can basically be closed," Jimly Asshidiqie, chairman of the Constitutional Court, said.

        In the meantime, Attorney General Abdul Rahman Saleh, who vowed to reopen Soeharto's case last month, earlier this week issued a stop-investigation letter, dropping his office's charges against the former Indonesian leader because he was seriously ill.

        President Susilo Bambang Yudhoyono called his ministers on Friday to discuss the recent health development of Soeharto who underwent a second operation to remove a blood clot inside his abdomen. Two weeks earlier, doctors had to cut off 40 cm of his colon to stop intestinal bleeding.

        The ailing former president, who turns 85 on June 8, 2006, is charged with graft and gross human rights violations during his 32 years in power. He was accused of unlawfully collecting Rp1.3 trillion and US$419 million through seven foundations he had led while he was president.

        Efforts to take Soeharto to court were made a year after his downfall from power. He stepped down when a reform movement, socio-political chaos, mass demonstrations and students shooting engulfed Indonesia in May 1998.

        But efforts to prosecute him always failed as the octogenarian's health was not good for trial. He has suffered several strokes. Now he also has heart and kidney problems.

        Health And Legal Case

        He made headlines when he had a mild stroke and was rushed to Pertamina hospital on July 20, 1999. He was hospitalized for ten days. He returned to the same hospital for six-days on August 14, 1999 because of digestive bleeding.

        Soeharto underwent medical tests at the Gatot Subroto hospital in August 1994 where it was discovered he had kidney stones. He also underwent a three-day medical checkup at a cardiac hospital in the German spa town of Bad Oeyhausen in July 1996 and in December 1997 suffered from exhaustion and was forced to cancel his planned overseas trips.

        On October 11, 1999, Attorney General Ismudjoko, due to lack of evidence, issued an order to stop his office's inquiry into alleged acts of corruption, particualry in Soeharto's past position as head of a number of charity foundations.

        Ismudjoko's successor, Marzuki Darussman, revoked his predecessor's `stop-investigation'order and reopened Soeharto's alleged case.

        On February 10, 2000, Darusman named Soeharto a suspect in a widening corruption and power abuse probe, and summoned him for questioning on February 14, 1999 but the former general failed to show up due to ill health.

        Soeharto had several times defied attorney general's office summonses citing health reasons. His medical team said the former president was unfit for investigation. This prompted the attorney general's office to request a team of doctors from the Cipto Mangungkusumo hospital to examine his health.

        The team said that Soeharto was fit for investigation but underlined that it could not guarantee that he was verbally able to speak.

        Thus, on April 3, 2000, a team of investigators from the attorney general's office questioned Soeharto in his Cendana residence but the team had to stop its questioning as Soeharto's blood pressure was increasing.

        The attorney general's office team of prosecutors also backed down on April 10, 2000 when it came to Soeharto's home to question him as the medical team said Soeharto's blood pressure had gone up to 180/90-95.

        On April 13, 2000, President Abdurrahman Wahid who was on a visit in Cuba to attend a G-77 meeting asked Attorney General Marzuki Darusman to put Soeharto under house arrest if he refused to be examined.

        The attorney general's office had earlier in the day put him under city arrest for a period of 20 days and on the previous day it imposed a travel ban, preventing him from leaving overseas for one year.

        Darusman's office's efforts to questioned Soeharto had always faced difficulties for his health reason. In the second week of June, 2000, a team of investigators of the AGO posed 32 questions to Soeharto at his Cendana residence but the former president answered most of the questions with " I do not remember it."

        He was then sent to the "Yayasan Harapan Kita" cardiac hospital to have his brain checked in case he was suffering from brain disorder or to assure that he was not pretending to be unable to answer a question.

        Meanwhile, Soeharto's team of lawyers had requested the UN's High Commissioner on Human Rights to check whether Soeharto's investigation and house arrest by the attorney general's office had violated his human rights.

        Three weeks later, Soehato's lawyer Juan Filix Tampubolon said the medical tests of his team of 24 personal doctors indicated he had suffered brain damage. His brain power was recorded at 15, lower than the normal figure of 36.

        He could not associate one matter with another and could not answer complicated questions.

        In the face of public pressure to bring the former ruler to court, the government on August 3, 2000 formally charged him with graft, having him sign a document acknowledging his case was now in the hands of prosecutors.

        The decision was taken only four days before MPR opens its annual session to hear President Abdurrahman Wahid's progress report in August 2000.

        His first trial was held by the South Jakarta district court at the auditorium of the Ministry of Agriculture on August 31, 2000. But he failed to show up at the court proceedings for health reason.

        The court proceedings were held three times on August 31, Sept 14 and Sept 28. The Attorney General's Office team of doctors even told the Sept 28 court session that Soeharto was physically and mentally unfit to stand trial.

        He was also declared to suffer permanent brain damage. Thus, the court decided to halt the trial and return the dossiers to the prosecutors office. It also freed the former strongman from city arrest.

        Several years later

        After several years, Soeharto began to appear in public and looked physically healthy. The most recent appearances included his attendance at the marriage of one of his grand-daughters and a meeting with his long-time friend, former Malaysian prime minister Mahathir Mohamad last month.In February, Soeharto also met with former Singapore prime minister Lee Kuan Yew.

        While calls for his prosecution surfaced once again, Attorney General Abdul Rahman Saleh said last month he would reopen Soeharto?s case and recheck his health. The attorney general said he would think of other legal avenue to arraign the former president in court if the health check found him unfit for trial.

        However, the attorney general had to wait once again because about two weeks after he made the statement, Soeharto was rushed again to the hospital for intestinal bleeding. This time, his digestive problem was serious. He was forced to undergo intestinal surgery and to have 40 cm of his colon cut off to stop the bleeding.

        Soeharto is now lying in hospital while his legal case is still in limbo. Over a half decade has passed without a consensus on his definitive status. This is because the problem belongs to all. The problem clearly speaks volumes of his case having become a "political commodity". If all remain unwise and continue to "squabble", then this problem will continue to hang over as well.

        "I have chosen to put this issue on hold until a truly appropriate time has come. I call on society to be calm again so that we can think together later on how to settle this matter correctly, justly and wisely," President Susilo Bambang Yudhoyono said last week. (T.A014/A/HAJM/A/E002) (T.C/A014/C/H-AJM/E002) 20-05-2006 20:32:03