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The Case Against Suharto Dropped

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Times Staff Writer

Former President Suharto, who was accused of stealing hundreds of millions of dollars during his 32-year reign, will not face prosecution because of his ill health, Atty. Gen. Abdul Rahman Saleh said Friday.

“Now Suharto is no longer a defendant,” the attorney general said. “He is a free man.”

The announcement echoes the decisions of previous governments, which have allowed Suharto, now 84, to live out a quiet retirement in his Jakarta home since he stepped down in 1998 amid massive demonstrations.

Saleh left open the possibility that his decision could be reversed by President Susilo Bambang Yudhoyono, who had said hours earlier that he was “shelving” a ruling on Suharto’s fate.

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Human rights and anti-corruption activists have long called for prosecution of Suharto. But the choice has been a difficult one for Yudhoyono, who has made fighting corruption a central element of his effort to revive the nation’s economy. The former president retains strong support within the government and the military, particularly among those who benefited from his regime and who might have been complicit in any crimes.

The Supreme Court ruled in 2001 that a series of strokes Suharto suffered after resigning the presidency had caused irreparable brain damage that prevented him from standing trial on charges of embezzling $571 million. But critics say he has appeared lucid during family gatherings and occasional meetings with foreign dignitaries.

Suharto has been hospitalized numerous times and underwent intestinal surgery this week to stop internal bleeding.

Suharto, then an army general, seized power in 1965 after an aborted leftist coup led to the deaths of other top generals. With the backing of the United States, Suharto unleashed an anti-communist purge that killed about 500,000 suspected leftists, intellectuals and activists.

He subsequently annexed the territories of Papua and East Timor and deployed troops to subdue a separatist movement in the province of Aceh. Hundreds of thousands died during conflicts in the three regions.

Suharto remained in power at the head of a military regime, and his efforts to enrich his family and cronies became legendary. Some allege that he amassed a fortune worth billions of dollars. His playboy son, Tommy, once bought the Lamborghini car company, among other properties.

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Yudhoyono, who rose to become a general during Suharto’s rule, has remained untainted by charges stemming from the Suharto era. But he acknowledged that he faced considerable pressure in pursuing a case against his predecessor.

“The waves of opposing and supporting voices are getting higher and this could lead to conflict,” Yudhoyono told reporters hours before Saleh’s announcement. “I have chosen to shelve this problem

Saleh said he would be submitting his decision to the president, noting that Suharto’s case could be reopened if there were “new developments.”

“The graft case against the defendant, Suharto, has been closed,” the attorney general said. “Based on a health check by his team of doctors, Suharto’s health is not good. His condition deteriorates.”

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