This is the Final Report of the Judges who participated in the hearings held in the Nieuwe Kerk, The Hague, Netherlands from 10 to13 November 2015. Before the hearings, the judges received the Indictment and Prosecution Brief, as well as extensive background documentary material in the form of a Research Report of over six hundred pages.
During the four days of hearings, the judges heard the oral submissions of the prosecutors, as well as the testimony and responses to questions of more than 20 witnesses (some of whom testified with their identities protected under pseudonyms and/or behind screens). The judges also received several hundred pages of documents, tendered as evidence. The prosecution presented its case as nine counts, alleging the commission of the following crimes against humanity:
- Sexual Violence,
- Enforced Disappearance,
- Hate Propaganda and
- Complicity of Other States.
Following the hearings, the judges examined the evidence and supporting material further, in their preparation of this Report. Helen Jarvis and John Gittings prepared and edited the Report, assisted by Shadi Sadr, Mireille Fanon-Mendes France and Zak Yacoob. Judge Yacoob provided a legal overview of the text. The Report amplifies and provides reasoned justification for the Judges’ Concluding Statement, delivered during the final session of the hearings on 13 November 2015 (see A3 below). It begins by addressing the overarching question of responsibility for the mass murders and other crimes; it then focuses on the counts presented by the Prosecution and in an amicus curiae Brief submitted to the Tribunal; and concludes with a series of findings and recommendations.
It is regrettable that the State of Indonesia did not accept the invitation to participate in the hearings or make submissions to the Tribunal. The governments of the United States, the United Kingdom and Australia, also did not accept the invitation extended by the Tribunal. The judges welcomed the willingness of individual members of Indonesian National Human Rights Commission, Komnas HAM, and the National Commission on Violence Against Women, Komnas Perempuan, to brief the Tribunal.
It should be noted that some significant though partial steps towards addressing these issues have been taken in Indonesia since the Tribunal was held, as outlined in Appendix D2.
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