Language dispute in Xanana trial
By Jana D.K.
Jakarta — Proceedings in the trial of Fretilin leader Xanana Gusmao resumed May 12 after a week's delay while the Dili court attempted to resolve the question of Xanana's defence presentation. The trial has received wide media coverage.
An article in the May 11 Jakarta daily Kompas confirmed that Xanana was determined to deliver his defence speech in Portuguese. In a press statement in Dili, Xanana's lawyer, Sudjono, stated that if Xanana persisted with this attitude and continued to "disrupt" proceedings, the court would have no choice but to have him removed and continue the proceeding in his absence.
Sudjono said that he has been "disappointed" with Xanana's behaviour and that the latter has been "uncooperative". "It is as if Xanana doesn't trust anyone", he said, adding that he would be meeting with Xanana later in the day to discuss his "position".
An independent source who attended the court sessions last week told Â鶹´«Ã½ Weekly that there was obvious and growing tension between Xanana and his lawyer. Sudjono was appointed by the authorities after an offer of assistance by the Indonesian Legal Aid Institute (YLBHI) was apparently rejected by Xanana.
The YLBHI offer followed a request by a member of Xanana's family, but lawyers were denied access to him and were unable to communicate their offer directly. YLBHI believes that there may have been considerable pressure placed upon Xanana not to accept its assistance. According to reliable sources, Sudjono was hand-picked by the authorities and has a reputation for reaching out-
of-court deals.
The delays began on May 6 when Xanana stated that
he wanted to read his defence speech in Portuguese. The court alleged that Xanana had previously agreed to hand his speech over to his interpreter Jose Sores for translation before it was read to the court.
The issue of language has arisen a number of times during the hearings. Articles in the Indonesian press have attempted to suggest that despite Xanana's "claim" not to be able to speak Indonesian, in fact he is quite able to understand and speak the language.
One of the judges in the case, Samen Purba, reacted by stating that the court had the power to withdraw Xanana's right to a defence. When questioned on what would happen if Xanana was removed from the court, Sudjono said that Xanana's attitude meant that he would have to alter his defence and therefore could not proceed if Xanana persisted with this stand.
In a statement on May 12, the Dili court said that it had rejected Xanana's request on the grounds that according to the constitution, all presentations to the court must be read in Indonesian. However, the trial resumed that afternoon when Xanana's handwritten speech was handed to the court.
Article 177 of the Indonesian Criminal Code, however, states that defendants have the right to an interpreter and the right to address the court in the language of their choice if they are unable to understand court proceedings.
Buyung Nasution, founder of YLBHI, stated that there are no grounds to prevent Xanana from using his own language. According to Nasution, defendants have the right to conduct their defence in their own language. He also had the right, said Nasution, to be able to make his statement to the court without the court having read it first.
There is also a fear that the court may decide that the surrendering of the handwritten document is sufficient and that Xanana may not get to speak at all.