Part 2: related issues
A
collection of recent reports, articles and news calling for the
establishment
of an International War Crimes Tribunal to try war crimes and crimes
against
humanity.
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more
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Part 2 up-dated: Feb 14, 2002
NEW =
Added
to BACK DOOR Website
since last Monday's Emailout
Contents:
Part
2: related issues [this page]
* Blocking
or slowing its formation
* More
reasons for an International War Crimes Tribunal
* East
Timor's Judicial System
* Other
related info
Blocking or slowing its formation
Portuguese:
Jan
25 OTL: A Indonésia arrasta o julgamento dos crimes cometidos em
Timor Leste
Reportagem de 14 fevereiro 2002
"Quanto tempo a comunidade internacional
vai conceder ao tribunal para apresentar resultados? Já passaram
mais de dois anos sobre os factos. A total ausência de balizas
favorece
a estratégia de arrastamento. ... O julgamento não
é
vingança: “é indispensável para abrir caminho a
uma
verdadeira reconciliação
em Timor Leste” afirmou a comissão de inquérito das NU,
mas
também para “encorajar as reformas democráticas na
Indonésia
e ajudar a evitar que os oficiais das FA responsáveis pela destruição
de Timor Leste, a maior parte dos quais continuam a ter
prestígio
e poder, continuem a cometer atrocidades contra os cidadãos
indonésios”
(carta de 30 congressistas americanos a Colin Powell, 30-1-01)." Observatório
Timor Leste
Jan
25 ETO: Indonesia delays East Timor atrocities trials
Report added Feb 14
"How much time is the international
community
going to give the [Indonesia’s ad hoc] tribunal to come up with
results?
Over two years have already elapsed since the atrocities occurred. A
total
absence of time limits serves to encourage further delay tactics. ...
The
trial is not an exercise in vengeance, but rather essential: “to open
the
way forward to genuine reconciliation
in East Timor” (UN Commission of Inquiry), and “to encourage democratic
reforms in Indonesia and help prevent the armed forces officers
responsible
for the devastation in East Timor, most of
whom
are still in positions of prestige and authority, from continuing to
commit
atrocities against other Indonesian citizens” (letter from 30 members
of
the US Congress to Colin Powell, 30-1-01)." East
Timor Observatory
Jan
25 JP: End game in East Timor Editorial added Jan 26
"Successive administrations since 1999
-- from presidents B.J. Habibie, Abdurrahman Wahid to Megawati
Soekarnoputri—for
some reason used various tactics to delay the prosecutions. But the
world
has waited long enough, and there is no way Indonesia can hope to
escape
from this international obligation forever." Jakarta Post Editorial
Jan
11 JP: ETimor’s patience wears thin over rights tribunal
News added Jan 15
"The East Timor
transitional government is considering turning to an
international
tribunal due to the repeated delays in the trial of officers
allegedly
involved in the 1999 human rights abuses in
the
former territory. Philipe Rodriguez of the East Timor Public
Administration’s
Department of Foreign Affairs said in Jakarta on Thursday that the East
Timor people’s wish to see the perpetrators taken to the court of
justice
has not materialized." Tiarma Siboro, The Jakarta Post, Jakarta
Nov
15 KairosCanada: Appeal for Tribunal Action added Nov
15
“I am concerned that no one has been
brought
to trial in Indonesia for these abuses. Despite international pressure,
including from Canada, the Indonesian government has continued to
delay
justice and has not fulfilled many of the commitments it has made
to
the international community. The Indonesian justice system is unable to
deal with serious abuses such as those which took place in East Timor."
Kairos: Canadian Ecumenical Justice Initiatives
Oktober
2001 BLH: Keadilan untuk Timor Lorosa’e?
Laporan ditambahkan tanggal 2 Januari
2002
"Pada Tais Timor terbitan bulan
September 2000, UNTAET memaparkan secara
ringkas
“dua puluh keberhasilan besar”-nya, yang tidak menyebutkan sesuatu
yang berkaitan dengan pengadilan kejahatan berat. (“Sistem
peradilan dan hukum” yang mereka sebutkan, hanya berurusan dengan
kejahatan
“biasa”.) Diamnya UNTAET mengenai yang telah dicapai dalam hal ini
mencerminkan
apa yang secara luas dipandang sebagai tidak adanya kemajuan di bidang
ini. Tentu saja, ini bukan semata persoalan UNTAET, tetapi lebih
merupakan
hasil dari kurangnya kemauan politik pada pihak Indonesia dan
anggota-anggota
Perserikatan Bangsa-Bangsa yang paling besar kekuatannya untuk menjamin
bahwa Timor Lorosa’e memperoleh keadilan. Tetapi, ada kelemahan serius
dalam upaya UNTAET untuk menjamin keadilan bagi kejahatan hak asasi
manusia
yang dilakukan dalam konteks invasi dan pendudukan Indonesia." La'o
Hamutuk: Institut Pemantau dan Analisis Rekonstruksi Timor Timur
October
2001 LHB: Solidarity and International Justice Article
added Nov 9
"A pattern has evolved
whereby
Indonesia has been doing just enough to prevent the establishment
of
an international tribunal while actually doing little to advance
genuine
justice. Foreign governments eager to resume military cooperation with
Jakarta, or reluctant to act effectively to advance justice, are all
too
keen to accept symbolic or minor developments in Indonesia as progress.
President Megawati has continued this tactic." Paul Barber, TAPOL,
the Indonesia Human Rights Campaign
October
2001 LHB: An International Tribunal for East Timor?
Article
added Nov 9
"The Indonesian and UNTAET
systems are deeply flawed; much of the support for an international
tribunal is based on their perceived failure. However, there is an
assumption that no more can be done to improve their efficacy. This may
be true generally in respect to Indonesia; certainly in the short and
medium
term it is reasonable to expect that Jakarta will continue to avoid a
judicial
examination of the role of senior officials, or to transfer them to an
alternative jurisdiction. A restructured Serious Crimes Unit, on the
other
hand, has the potential to achieve many of the goals that supporters of
an international tribunal seek." Jon Cina, [until
recently] Case Manager and Legal Advisor to UNTAET’s Serious Crimes
Unit,
[previously] war crimes investigator in Kosovo & working at the
International
Criminal Tribunal for the former Yugoslavia
Oct
30 UNSC: ET women: ‘Arria formula’ meeting Speech
added
Nov 2
"Because Indonesia is unlikely to
successfully
prosecute those who ordered and implemented the invasion, occupation
and
destruction of East Timor from 1975 on, the Security Council must take
immediate action to create an International Tribunal for East Timor
to ensure that those most responsible for these crimes are brought to
justice."
Natércia Godinho-Adams, on behalf of East
Timorese women’s organizations
Oct
29 APCET letter to UN Security Council on International Tribunal
Letter added Oct 31
"However, the United Nations seems to
be waiting for the Indonesian justice system to bring the perpetrators
of the crimes to trial. But we believe that justice for East
Timor
under the Indonesia system is far from possible, if at all. Indonesia
has
so far only succeeded in creating the Indonesian Commission of Inquiry
(KPP HAM) and has only organized recently the ad hoc court on East
Timor."
Mr. Augusto N. Miclat, Jr., Coordinator, APCET,
the Asia-Pacific Coalition for East Timor [The coalition includes
17
affiliates from Asia-Pacific countries]
October
2001 LHB: Justice for East Timor? Article added Oct 30
"In the September 2001
issue
of Tais Timor, UNTAET outlines its “twenty
major
achievements,” which do not include anything related to Serious
Crimes
prosecution. (Their claimed “functioning
judicial and legal system” deals only with “ordinary” crimes.)
UNTAET’s
silence about its achievements reflects what is widely seen as
insufficient
progress in this area. Of course, this is a problem not only of
UNTAET’s
making, but more importantly a result of the lack of political will on
the part of Indonesia and the United Nations’ most powerful members to
ensure that East Timor sees justice. Nevertheless, there are serious
shortcomings
with UNTAET’s efforts to ensure justice for human
rights crimes committed in the context of Indonesia’s invasion and
occupation." La'o Hamutuk: East
Timor
Institute for Reconstruction Monitoring and Analysis
October
2001 LHB: UNTAET and “Serious Crimes” Article added
Oct
30
"Since the arrival of
UNTAET,
one of its most critical responsibilities has been to initiate and
achieve
accountability for some of those who perpetrated crimes
against the people of East Timor during 1999. ... many East
Timorese
and internationals here feel that investigations and prosecution of
Serious
Crimes are moving much too slowly, and that the goals set by the SCU
fail
to include the systematic and coordinated nature of the atrocities, or
to explore crimes committed before 1999. Many believe that the problems
stem from several principal factors: mismanagement, incompetence, lack
of vision, inadequate resources, and insufficient political will within
the international community." La'o
Hamutuk: East Timor Institute for Reconstruction Monitoring and Analysis
Oct
24 ET NGOs: Urgent Steps Needed to Establish Justice
Letter
added Oct 27
"Where the Serious Crimes Unit [UNTAET]
lacked jurisdiction to prosecute those Indonesia military and
government
officials implicated in the serious violation of humanitarian law
occurring
in East Timor, faith was placed by the international community in the
justice
process within Indonesia itself. At this point, we all must face the
reality
that, likewise, this process is not capable of holding those
responsible
to account. After initial glimmers of hope, subsequent political
turmoil
and instability, and ensuing continual revisions to the mandate and
scope
of any Ad Hoc Tribunal which is to be establish, has clearly
demonstrated
that Indonesia is incapable and unwilling to take responsibility for
prosecuting
those culpable for the crimes against humanity in East Timor." Yayasan
HAK; Lao Hamutuk; FOKUPERS;
Bishop
Belo’s Center for Peace and Development Kdadalak Sulimutu Institute
(KSI);
Working Group for Electoral Education (KKPP); Judicial
System Monitoring Project (JSMP);
East
Timor Student Solidarity Council (ETSC); Student Solidarity Council
of Oe-Cusse; Yayasan Timor Nabilan;
Nove-Nove Survivers Group (Maliana); NGO Forum
Oct
24 Internationals in ET write UN Security Council on Justice
Letter added Oct 27
"We
are writing as citizens of many countries who currently reside in East
Timor (Timor Lorosa’e), working with a variety of organizations. ...
After
two years, the United Nations Transitional Administration in East Timor
is winding down. East Timor will be independent soon. It would compound
the
crimes already committed here if this tiny, poor nation which has
endured
so much terror is left on its own to cope with criminals who still hold
positions of power in its huge neighbor. The period of U.N.
responsibility
for East Timor must leave a legacy of justice and accountability if
East
Timor is to succeed as a member of the world community." J Conway (Asia-Pacific
Support Collective); Sr. B Guhit (Bishop
Belo’s Center for Peace & Development); J Gunter; C Serreira e
Freire (Oikos); M Hachisuka (La’o Hamutuk);
T Irawati (FORTILOS); V Joshi (LH); N
Katjasungkana (FORTILOS); I Lempp; J Newton (Caritas
Australia); S Martin (CA); H
McCaughey
(Australian Volunteers International); C Ranheim (Judicial
Systems Monitoring Programme); S Rosa; C Scheiner (International
Federation for East Timor); P Sexton (LH);
A de Sousa (LH); J Sternberg
Oct
16 FORTILOS/HAK: Justice Process in Indonesia re ET 1999
Article added Nov 15
" ... one can assume from the beginning
of August 2000 on, that certain names will be deleted from the list to
be investigated by the Attorney General. ... The largest obstacle for
the
Indonesian National Court of Justice is that the suspects of serious
human
rights crimes are Indonesian military (TNI) officers ... TNI is a very
dominant element in the regime that is currently in power in Indonesia.
... The Ad Hoc Human Rights Court itself is seen in TNI circles,
including
by General Wiranto, as a step to avoid the establishment of an
International
Tribunal." By Nug Katjasungkana, Solidarity Forum for East Timor in
Indonesia
(FORTILOS) and Yayasan HAK,
Foundation
of Law, Human Rights, and Justice
Oct
12 ABC: Justice no closer for victims of atrocities in East Timor
News added Oct 13
“It turns out I was mistaken in implying
a logical outcome to this M.O.U. [Memorandum of Understanding between
the
U-N and Indonesia] In practise, the government of the Republic of
Indonesia
has reneged on this M.O.U. meaning that there has not been any transfer
of evidence and witnesses let alone suspects to be tried by the special
panel.” Convenor of the East Timor Jurists Association, Aderito Soares
Oct
10 CSM: A Long Wait for Justice in East Timor Article
added Oct 11
"Pressure to try human rights cases
against the Indonesian military ebbs amid counterterror push. ... with
a
war on global terrorism bringing potential US allies across Asia in
from the cold, Indonesia’s commanders may never be held accountable.
One
sign of that thaw is the US government’s decision last month to resume
low-level military ties with Indonesia, which had been suspended
over
the East Timor violence. The resumption of ties came as Indonesian
President Megawati Sukarnoputri met with President Bush to voice
support
for the US-led counterterror campaign. ... Given the push to cement
links
with moderate Islamic nations, opponents in Congress may find it hard
to
refuse further military cooperation with the
world’s
most populous Muslim country, despite its tarnished record."
Simon
Montlake, Jakarta, Indonesia
Sep
6 ETAN: Grassroots & Congressional Action Mark Anniversary of Timor
Massacres Release added Sep 6
“We are deeply disappointed that the Bush
administration has not made a priority of a just resolution to East
Timor’s
refugee
crisis or even publicly called for an international tribunal,
... We are disturbed by the administration’s stated plans to renew
ties with the Indonesian military, especially now as this
repressive
force continues its brutal tactics against civilians throughout
Indonesia.”
Diane Farsetta, East Timor Action Network
(ETAN)’s
Field Organizer
Aug
22 AAP: Australian Senate rejects Timor war crimes tribunal
News added Aug 23
"The Senate has rejected a proposal for
an international war crimes tribunal covering the Indonesian occupation
of East Timor. Instead, it backed Indonesian President Megawati
Sukarnoputri’s
moves to prosecute those committing atrocities during the 1999
independence
ballot. ... But Labor’s Peter Cook won government support to change the
motion to back Indonesian prosecutions and to note the UN Security
Council’s
lack of support for an international tribunal." AAP
Aug
21 AUSGOV: Senate debate on war crimes tribunal
Transcript
added Aug 29
"The opposition are very well aware that
one of the reasons that there has not been further progress on this in
the United Nations is because Australia has not been advocating
with strength, vigour and determination that the UN establish an
international
war crimes tribunal into the death of those 200,000 people, the
ransacking
of their country and the indescribable cruelty to which Senator Bourne
just referred." [Greens] Senator Brown (Tasmania, Australia)
Aug
8 TAPOL: Justice For East Timor Still Unlikely Under Megawati
Release added Aug 10
“President Megawati appears to be
continuing
a pattern established by the Wahid administration, which involved doing
just enough to prevent the establishment of an international
tribunal
without making any real attempt to institute a genuine national process
of justice. She is likely to keep a tight rein on what can be
investigated
and tried so that the whole truth about the East Timor tragedy does not
come out. Without the prospect of credible trials in Indonesia,
international
justice must now take its course.” Carmel Budiardjo, TAPOL,
the Indonesia Human Rights Campaign
Jul
19 Newsday: UN Is Weak-Willed in Fighting Genocide
Article
added July 25
"The East Timorese were also promised
a UN war crimes tribunal in the wake of their 1999 election. Although
the
decision to end 24 years of Indonesian occupation triumphed at the
polls,
when pro-Indonesian militias waged war on civilians, the UN fled. The
Australian-led
military response came after a thousand civilians had been killed, 70
percent
of the nation’s buildings had been destroyed and 200,000 civilians had
been moved to concentration camps in West Timor. Despite initial
threats by the UN of a war-crimes tribunal, the Indonesian government
agreed
to try its own war-crimes suspects. After one militia leader was
sentenced
to house arrest, one UN official remarked, “The sentences make a
mockery
of the international community’s insistence that justice be done in
this
horrific case.” " Peter H Maguire, author of “Law and War: An American
Story”
Portuguese:
Jun
18 OTL: Transição e processo eleitoral
Report
added June 23
"A UNTAET fez da
reconciliação
um dos temas principais da campanha eleitoral, mas, enquanto todos
reconhecem
que não haverá reconciliação duradoura sem
justiça, ou no mínimo sem o reconhecimento dos crimes e
um
pedido de perdão, as Nações Unidas não
consagraram
aos inquéritos judiciais os meios necessários e recuam
perante
a convocação de um tribunal internacional. Querem
a reconciliação ou o esquecimento? Querem estabelecer uma
democracia duradoura ou adormecer os Timorenses até que as
Nações
Unidas possam anunciar o sucesso da sua missão?"
Observatório
Timor Leste
Jun
18 ETO: Transition and the electoral process Report
added
June 23
"UNTAET made reconciliation one of the
electoral campaign’s key issues but, while everyone realises there can
be no lasting reconciliation without justice, or at least without
admission
of the crimes and a plea for forgiveness, the UN has not provided the
judicial
enquiries with the resources they need, and backs away from calls for
an
international
tribunal. Does it want reconciliation, or for what has happened to
be forgotten? Does it want to establish a lasting democracy, or to numb
the Timorese until the UN can pronounce that its mission has been
successful?"
East
Timor Observatory
May
16 SBS: See No Evil TV documentary added May 18
"Halfway through the operation here in
Maliana, around October-November, things had changed strategically.
There
was a new Government, a new Wahid Government and the position was ...
in
the Department of Foreign Affairs and Trade [Australia], was “We don‘t
want our long-term relationship with Indonesian affected by a war
crimes
tribunal.” That was how it was explained to me back in Australia.
‘Cause
I was still pretty pissed off by the whole bloody, ah, by the whole
thing."
Captain Andrew Plunkett, Australian Army senior military intelligence
officer
in charge of gathering evidence of atrocities committed post-ballot
May
9 GLW: UN lets Indonesian military off the hook
Article
with comments from BACK DOOR updated May 16
"UNTAET’s public stance on this issue
was that East Timor did not require an international crimes tribunal
such as those on Rwanda and the former Yugoslavia. UNTAET argued that
Indonesia
should be “given the chance” to try the perpetrators of the killings
and
destruction in East Timor in 1999. ... Without organised, consistent
pressure
from the East Timorese people and their international supporters, those
who laid waste to East Timor will get away with their crimes
unpunished."
Vanya Tanaja
Tetum:
Abríl
2001 BLH: Komisaun As ONU nian ba Direitu Emar nian (UNHRC) fasilita
impunidade
Indonejia Editorial added July 21
"Iha loron 6 fulan fevereiru 2001, Mary
Robinson, nudar portavos ONU nian ba direitu emar nian, fo sai
relatoriu
ida kona ba situasaun direitu emar nian iha Timor Loro Sa’e. Relatoriu
ne’e nudar progresu hosi sorumutu UNHRC tinan liu ba. Iha tempu neba,
ulun
komisaun nian rekere atu relatoriu hosi portavos komisaun ba soromutu
2001
iha Genebra. Relatoriu ne’e tenke fo sai informasaun no analiza kona ba
buat sira nebe iha relasaun ho investigasaun no prosekuzaun kona ba
hahalok
a’at hasoru humanidade nebe hala’o iha Timor Loro Sa’e durante
Indonejia
okupa teretoriu ne’e. Kona ba ne’e, relatoriu ne’e falha bo’ot. ...
Povu
Timor Loro Sa’e – hanesa mos sira seluk nebe funu ba demokrasia no
dereitu
emar nian iha Indonejia laran – merese atu simu diak liu tan : lia los
no justica."
La’o Hamutuk, Instituto Timor
Lorosa’e ba Analiza no Monitoring Reconstrucao
April
2001 LHB: Report from UN High Commissioner for Human Rights Facilitates
Indonesia's Impunity Editorial
"On 6 February 2001, Mary Robinson, the
United Nations High Commissioner for Human Rights, released a report on
the situation of human rights in East Timor. The report is the
outgrowth
of last year's meeting of the UN Human Rights Commission (UNHRC). At
that
time, the chairperson requested that the High Commissioner report to
the
2001 meeting -- currently taking place in Geneva. The report
should
provide information on and analysis of matters relating to the
investigation
and prosecution of crimes against humanity committed in East Timor
during
Indonesia's occupation of the territory. In this regard, it fails
miserably.
... The people of East Timor -- as well as all those struggling for
democracy
and human rights within Indonesia -- deserve much better: truth and
justice."
The La'o Hamutuk Bulletin Editorial
Apr
12 AFP: Wahid bowing to military pressure in avoiding Timor trials:
activists
Article
“In the body of the government there are
still people opposed to the East Timor prosecutions, ... The majority
(of
those in the government) are not willing for those responsible for the
violence in East Timor to be immediately tried. They are the followers
of the old regime who are still in power, especially in the military,”
Johnson Panjaitan, human rights lawyer
Mar
28 GLW: Timor war criminals remain free Article
"The establishment of an international
war crimes tribunal for East Timor faces opposition from
Indonesia’s
main Western allies also, who have repeatedly stressed their preference
for Indonesia to conduct its own trials. ... if such a tribunal was
established,
why should it not investigate the actions of those states who condoned,
aided and abetted Indonesia’s illegal occupation of East Timor, and who
have consistently lied about the extent of their involvement?" Jon
Land,
Indonesia
- East Timor Campaign Watch
Feb
2 JP: Aditjondro: ETimorese becoming guests in their own land
Interview
"So the continuous offensive attitude
(towards East Timor) is a strategy, evident from the fact that
Indonesia
has not been very cooperative in allowing those in West Timor to
return,
because (the refugees) are their bargaining chip (with the
international
community). The international community have thus conceded that no
international
tribunal (will be conducted). ... If Indonesia wants it could
easily
dismantle all the militias, it could work with organizations and the
Church
to accommodate the 100,000 (refugees); therefore Indonesia has not been
ready to give up East Timor." George Junus Aditjondro, self-exiled
author
and lecturer from Indonesia, currently teaching at Newcastle University
Australia
Feb
1 ETAN/U.S.: East Timor Still Awaits Justice A Year After UN Call for
International
Tribunal Release
"We are deeply disturbed that a year has
passed since both [crimes tribunal] inquiries and no steps have been
taken
to address these severe human rights abuses with an international
tribunal
and no one has been prosecuted in Indonesia," John M. Miller, East
Timor Action Network/U.S. (ETAN)
Jan
30 CSM: Conviction in East Timor Falls Short of Calls for Justice
Article
"But no one in East Timor, thirsty for
justice after a 24-year occupation, is satisfied with the result. "We
reject
this verdict," said Catalina Pereira, the victim's daughter, outside
the
courthouse. "So many men were slaughtered, and this is it?" The
dissatisfaction
of Ms. Pereira and thousands of other East Timorese illustrates how the
effort to build a credible international justice system is faltering across
the globe. A combination of weak political will, high costs, and poor
coordination
are hampering justice efforts from East Timor to the former
Yugoslavia."
Dan Murphy
Dec
13 2000 SMH: East Timor - Empty Justice Editorial
"Indonesia is supposed to be bringing
suspects to account for some of the worst human rights abuses,
including
the massacre of priests, women and children sheltering in a church in
Suai
and the murder of a Dutch journalist, Sander Thoenes. The former armed
forces chief, General Wiranto, has been named by Jakarta as "morally
responsible",
but no charges have been laid or cases mounted. This leaves East
Timorese
prosecutors with a credible legal process but no significant suspects
to
try, and Indonesian prosecutors with all the big suspects but no
credible
process. Jakarta is not willing to extradite suspects to East Timor,
and
would have serious problems in protecting witnesses in any trial of
senior
military officers in Indonesia." Editorial, Sydney Morning Herald
Nov
29 2000 GLW: UN goes soft on militias Article
"When asked about the security situation
and the Indonesian government's steps to try those responsible for
human
rights abuses, Andjaba replied the government "has tried its best" and
that "I don't think it is time now for an international criminal
tribunal".
Andjaba's comments echo those of UN representatives and Western
governments
throughout the year: in the face of mounting evidence to the contrary,
they are defending the Indonesian government's position that it alone
should
conduct investigations into the post-ballot violence in East Timor and
bring those responsible to justice. It looks unlikely that those
ultimately
responsible, including former TNI head General Wiranto, will face
trial.
Or if they do it will be a long, drawn out process open to
manipulation."
Jon Land,
Indonesia - East Timor Campaign Watch
More reasons for an International War Crimes Tribunal
Kopassus (the Indonesian military special forces)
Military and political aid to Indonesia
Sexual Violence as a weapon of war
War
Crimes & Crimes Against Humanity
Jan
30/31 Free East Timor Japan Coalition letter to UNSG
Letter
added Feb 1
"The Indonesian ad-hoc court, however,
has many flaws. First and foremost, the jurisdiction of the court is
severely
limited ... Secondly, the current list of suspects it will try is
inadequate,
... Thirdly, the selection process of the judges was not transparent
and
the judges apparently do not satisfy the necessary requirements for
serving
on a human rights court." Free East
Timor!
Japan Coalition
Jan
25 JP: End game in East Timor Editorial added Jan 26
"The heaviest cost that the East Timor
debacle is exacting on Indonesia, though, is on its international
reputation
and image. This incident hurt the entire nation, and not just the
military.
... It is no wonder that more and more people around the world see
Indonesia
as a pariah state. If this image continues, more and more investors and
tourists will shun Indonesia. ... Clearly, it is in the best interest
of
this nation to accelerate the entire legal process. These delays should
come to an end, for our own good. We need to put the East Timor
nightmare
behind us, once and for all, and quickly, and restore our reputation
and
credibility among the international community. Most of all, we need to
get on with our lives." Jakarta Post Editorial
Nov
15 KairosCanada: Appeal for Tribunal Action added Nov
15
“There must be no hiding place for
political
monsters such as unleashed the destruction of
East
Timor in 1999. These are crimes which are far greater than their
immediate
victims ... They strike at the future as well as the present. They make
the world more dangerous for everyone.” Bishop Belo, Bishop of Dili,
Winner
of the Nobel Peace Prize, 1996
Oct
29 APCET letter to UN Security Council on International Tribunal
Letter added Oct 31
"We believe that the formation of the
tribunal
will ensure that no further crimes are committed against the people of
East Timor and that past transgressors will be brought to justice. Such
tribunal will also send a strong signal to potential criminals
elsewhere
in the world that crimes like these will not go unpunished." Mr.
Augusto
N. Miclat, Jr., Coordinator, APCET,
the
Asia-Pacific Coalition for East Timor [The coalition includes 17
affiliates
from Asia-Pacific countries]
Oct
24 ET NGOs: Urgent Steps Needed to Establish Justice
Letter
added Oct 27
"The situation is made even more critical
by the coming end of the UNTAET mission. Under the stewardship of
UNTAET
was the time when the impunity of the past was needed to be replaced by
the rule of law and justice, necessary for the nation building process
of and reconciliation for East Timor. Instead, we are facing the dark
reality
of such impunity characterizing our future." Yayasan
HAK; Lao Hamutuk; FOKUPERS;
Bishop
Belo’s Center for Peace and Development Kdadalak Sulimutu Institute
(KSI);
Working Group for Electoral Education (KKPP); Judicial
System Monitoring Project (JSMP);
East
Timor Student Solidarity Council (ETSC); Student Solidarity Council
of Oe-Cusse; Yayasan Timor Nabilan;
Nove-Nove Survivers Group (Maliana); NGO Forum
Oct
24 Internationals in ET write UN Security Council on Justice
Letter added Oct 27
"This
is not a new request. In early 2000, both the UNCHR-established
International
Commission of Inquiry and the Indonesian government’s KPP-HAM
investigation
recommended that high-level Indonesian military commanders be
prosecuted,
and that
an international court would be the only practical way
to accomplish this. In the last few months, all 16 East
Timorese political parties, as well as the National Council which
was
East Timor’s legislature until June, have also expressed their support
for an international tribunal. As time goes on, it is increasingly
clear
to everyone that Jakarta cannot or will not prosecute high-ranking
military
officers, and that UNTAET’s Serious Crimes Unit does not have the
leverage
to obtain Indonesian cooperation."
J Conway (Asia-Pacific Support
Collective);
Sr. B Guhit (Bishop Belo’s Center for
Peace & Development); J Gunter; C Serreira e Freire (Oikos); M
Hachisuka (La’o Hamutuk); T Irawati
(FORTILOS);
V Joshi (LH); N Katjasungkana
(FORTILOS);
I Lempp; J Newton (Caritas Australia);
S Martin (CA); H McCaughey
(Australian
Volunteers International); C Ranheim (Judicial
Systems Monitoring Programme); S Rosa; C Scheiner (International
Federation for East Timor); P Sexton (LH);
A de Sousa (LH); J Sternberg
Oct
16 FORTILOS/HAK: Justice Process in Indonesia re ET 1999
Article added Nov 15
"With the completion of the work of KPP-HAM,
and entrusted by the international world, the ongoing process lies in
the
hands of the Indonesian Attorney General (AG). The AG holds the
authority
to decide on which cases and whom to prosecute in court. [issues:] the
AG’s Office doesn’t have enough capability and knowledge to deal with
cases
previously unknown in Indonesia, such as “serious
violations of human rights” and/or “violations of international
humanitarian
law.” ... so far the AG has not been independent from the government,
and
especially not in relationship to the Indonesian National Military
(ABRI/TNI).
... one can assume from the beginning of August 2000 on, that certain
names
will be deleted from the list to be investigated by the AG. ... The
largest
obstacle for the Indonesian National Court of Justice is that the
suspects
of serious human rights crimes are Indonesian military (TNI) officers
...
TNI is a very dominant element in the regime that is currently in power
in Indonesia. ... The Ad Hoc Human Rights Court itself is seen in TNI
circles,
including by General Wiranto, as a step to avoid the establishment of
an
International Tribunal." By Nug Katjasungkana, Solidarity Forum for
East
Timor in Indonesia (FORTILOS) and Yayasan
HAK, Foundation of Law, Human Rights, and Justice
Sep
4 Tempo: Xanana Gusmao: All Cabinet members will be Timorese
Interview added Sep 6
"Tempo: What is your opinion about
the international court to try human rights abuses committed in
Timor Lorosae?
Xanana: When we talk about human
rights abuses, we have to also go back 24 years ago and not only
concentrate
on what happened in September 1999." Tempo
magazine
Aug
22 SMH: Timor justice shackled by 'joke' decree
Article
added Aug 22
"She [President Megawati Sukarnoputri]
spoke about her commitment [to prosecute those responsible for human
rights
abuses], but I don’t believe it, ... It was the military commanders who
supported her rise to power. Many of those were in East Timor.” Mr
Aniceto
Guterres, director of Yayasan Hak,
East
Timor’s leading human rights organisation
Aug
21 AUSGOV: Senate debate on war crimes tribunal
Transcript
added Aug 29
"During the horrific referendum period,
2,000 East Timorese were killed. During the occupation, 200,000 East
Timorese
were killed. How can we, as a chamber, support a war crimes tribunal
into
one per cent of the crimes? Are you really satisfied with that? What
about
the 99 per cent? Is that a matter for us to shrug our shoulders at? You
simply cannot say that there is a logic to this, and we cannot leave it
to Jakarta. Unfortunately, what is happening here today is that we are
seeing that we cannot leave it to Canberra." [Greens] Senator Brown
(Tasmania,
Australia)
Aug
15 GLW: Indonesia: Repression the winner in Megawati cabinet
Article added Aug 15
"Military generals and figures linked
to the regime of former dictator Suharto have done well in the first
cabinet
of newly-elected President Megawati Sukarnoputri, which was announced
on
August 9. In a signal move, Sukarnoputri has appointed
Lieutenant-General
Hendropriyono as the new head of BAKIN, the state intelligence agency,
a post which has cabinet minister status. ... [he] has been one of the
most ambitious intelligence officers. With long experience in the
commando Kopassus forces' repressive operations in various parts of
Indonesia, he pioneered the technique of forming and using so-called
civilian
militia." Max Lane, [Australian] national chairperson, Action
in Solidarity with Indonesia and East Timor
Aug
13 SMH/J.Dunn: Crimes Against Humanity Demand a Proper Airing
Opinion added Aug 13
"Indonesian officers responsible for
murder
and mayhem in East Timor should face an international court,
...
The world may have been too quick to applaud Indonesian President
Megawati
Sukarnoputri for setting up a tribunal to bring to justice the
Indonesian
military (TNI) and the militia responsible for the violence two years
ago
in East Timor. This is only a domestic tribunal, and its establishment
could well have been designed to head off the growing world pressure
for
an international body." James
Dunn,
investigator of crimes against humanity in East Timor
Aug
11 SMH: Stop-the-rot campaign helps E Timor on road to political
integrity
Article added Aug 13
"East Timor’s main human rights group,
Yayasan
Hak, said the appointment of a retired general, A. M
Hendroprioyono,
as the [Indonesian] intelligence chief was worrying because of his
links
with militia groups in 1999. “He was known to have been present during
meetings in East Timor when the militia were established,” said a
spokesman,
Joaquim Fonseca. Yayasan Hak has criticised President Megawati
Sukarnoputri’s
support for pro-Jakarta militia during the 1999 independence vote. The
group says her close military ties mean it is unlikely she will bring
to
justice Indonesian generals responsible for masterminding the militia
violence.
“It is worrying for ... the process of democracy in Indonesia that
those
generals who were part of a long-standing authoritarian government are
given new political roles,” Mr Fonseca said." Mark Dodd, Herald
Correspondent
in Dili and agencies
Jul
26 AI: East Timor: Justice at risk Release added Aug 1
“If the UN pulls out now, without leaving
in place substantial support for the fledgling judicial system and
other
key institutions, its investment over the past two years will be
jeopardized.
The UN is failing in its primary task of ensuring that the new state of
East Timor has protection and promotion of human rights at its core,
...
Two years on the East Timorese people are still waiting for justice. If
credible trials are further delayed, the demands for an
international
criminal tribunal will inevitably become more insistent“ Amnesty
International
Jul
24 IHT: Gareth Evans: Indonesia's Military Culture Has to Be Reformed
Article added July 25
“Unfortunately, Indonesia has not taken
effective measures to bring to justice members of the armed forces and
militia groups against whom there is credible evidence of human rights
abuses in East Timor and Indonesia itself. Several investigations have
been started. Charges have been pressed against a number of
lower-ranking
field officers, but convictions have been few. None involve senior
officers,
and a general culture of impunity still exists within the armed forces
and among militia leaders.” Gareth Evans, Australia’s foreign minister
from 1988 to 1996, President of the Brussels-based International Crisis
Group
Jul 17 ABC: Australian
report links Indonesian military with Timor militia
News & release added July 18
"The study, written by Australian
diplomats,
says the Indonesian military supported the violence of the East Timor
militia
with weapons, money, transport and strategic direction. It says
Indonesian
special forces set up a second chain-of-command to deal with the
militia.
... A senior Foreign Affairs official says the book shows that
Australia
must be worldly wise and see that assurances from Indonesia’s military
are not always reliable." Australian Broadcasting Corporation
Jul
7 ABC: TNI used media strategy to disguise militia links
Interview transcript added July 11
" ... it was ... in some ways a
very slick PR operation. ... By simply focusing on saying that it was
the
militia who were destroying Dili, or the militia who were responsible
for
the majority of the destruction, which was simply not the case, it was
very methodical carried out by TNI soldiers [Indonesian military] and
you
could see that. The militia simply wouldn’t have had the infrastructure
trucks, planes, ships to carry out such a large-scale deportation of
you
know, a third of the population basically." John Martinkus, Australian
journalist and author of “A Dirty Little War - an eyewitness
account
of East Timor’s descent into hell"
Jun
8 CT: East Timor leader 'frustrated' by lack of justice
News added June 12
"If you steal a bicycle in Holland you
spend a few months in prison. In Indonesia you kill three humanitarian
workers in cold blood, you boast about it on television, and you get 10
to 20 months, ... When a country, a government, a society, shrugs in
the
face of such destruction, at the horrendous crimes committed under its
flag, its name, I can only say I pity, and I am afraid for that
country."
Jose
Ramos-Horta
Jun
7 AFP Australia slams release of East Timor militia leader
News added June 9
"Australia Thursday denounced a decision
by Indonesian authorities to free a notorious East Timorese militia
leader
[Eurico Guterres] after he had served just 23 days of a six-month
prison
sentence. ... Guterres has been implicated in a number of atrocities in
East Timor as pro-Jakarta militias, armed and trained by the Indonesian
army, embarked upon a bloody, scorched-earth rampage after the East
Timorese
voted overwhelmingly for independence from Indonesian on August 30,
1999."
AFP
Jun
1 AI: Report 2001, Covering events from Jan-Dec 2000
Link
to report added Jun 21
"The legal and institutional framework
for investigating and prosecuting serious crimes was introduced by
UNTAET.
Jurisdiction over serious crimes under international law including war
crimes, crimes against humanity, torture and sexual
offences was established. A Special Crimes Unit was established to
investigate the massive human rights violations which were perpetrated
by pro-Indonesian militia and the Indonesian security forces in 1999.
However,
lack of support and resources contributed to the slow pace of
investigations.
... by the end of 2000 no one had been brought to justice for crimes
committed
during 1999." Amnesty International
May
17 ETO: East Timor Defence Force: the price of security
Report added June 8
"Continuing instability (largely due to
the behaviour of militias, and Armed Forces and Government of
Indonesia)
has forced the international community and the Timorese to shift from
their
original position that the territory should not have armed forces. By
the
end of 2001, only 600 members of the ETDF will have been trained, which
means that the presence of international military and observers will
have
to continue, until militias in West Timor are disbanded, disarmed, and
their members brought to trial." East
Timor
Observatory
Portuguese:
May
17 OTL: Forças de Defesa de Timor Leste: custos da
segurança
Report added June 8
"A situação de instabilidade
continuada (fortemente dependente do comportamento das milícias,
Forças Armadas e governo indonésio) obrigou a comunidade
internacional e os timorenses a alterar a posição inicial
de não criação de FA para o território.
Apenas
600 efectivos das FDTL serão treinados até finais de
2001,
o que impõe a necessidade da continuação de uma
presença
de militares e observadores internacionais até que as
milícias
em Timor Ocidental sejam desmanteladas, desarmadas e os seus elementos
levados a julgamento."
Observatório
Timor Leste
May
8 JP: Atambua sentence: Ever elusive justice on
Editorial
"International condemnation came swift
and fast on Friday as soon as a district court in Jakarta sentenced six
pro-Indonesia East Timorese to between 10 and 20 months in jail for
their
roles in the September murder of three United Nations humanitarian aid
workers. ... As people in this country and abroad must realize by now,
it is one thing for Indonesia to carry out due process of law and
completely
another whether this process ensures the delivery of justice, which is
the very objective of this whole exercise. Looking at the brutal way
that
the Atambua murders were carried out and at the humanitarian nature of
the mission of the UN staffers, there is a nagging feeling that our
sense
of justice, and not only that of the members of the international
community,
has not been met by Friday’s court verdicts. The United Nations has a
valid
case to lodge a complaint or to question Indonesia’s competence in
delivering
justice." Jakarta Post editorial
May
2 IO: Solidamor demands Wiranto be charged News from
Indonesia
"The Solidarity
Without Borders (Solidamor), led by its chairman Bonar Tigor
Naipospos,
was received by senior prosecutor Rahman, who chairs a Attorney
General's
Office (AGO) team investigating human rights abuses in East Timor. The
AGO last week named 18 suspects in the destruction of East Timor by
pro-Jakarta
militias after the East Timorese people voted for independence from
Indonesia
on August 30, 1999. However, the list sparked outrage from human rights
activists as it excluded Wiranto and other former high-ranking
officers,
such as Lieutenant General Johnny Lumintang, Major General Zacky Anwar
Makarim and Major General H.R. Garnadi. Former militia commander Joao
Savares
was also not among the suspects." Indonesian Observer
Apr
10 ABC: Report finds Timor violence the result of a 'conspiracy'
News
“I’ve made a very firm statement that
what happened in East Timor was not a spontaneous response by Timorese
who wanted to stay with Indonesia, it was a virtually conspiracy led by
a number of Indonesian generals.” James Dunn, expert on crimes against
humanity at the Dili-based United Nations Transitional Administration
in
East Timor (UNTAET)
Feb
5 JP: James Dunn interview on perpetrators of war crimes in Timor
Interview
"As long as no one is made accountable
for war crimes in Timor, the blame will continue to be placed on
Indonesia"
James Dunn, expert on crimes against humanity, UNTAET
see also women's issues - law
Feb
8 CCET: Freedom without justice in East Timor?
Statement
added Feb 14
"An international support network of
Christian
groups and churches at the Twelfth Christian Consultation on East
Timor,
held in Antwerp from 7-9 December, joined its voice to a mounting
international
campaign and called for Indonesia to set a deadline of July 2002, after
which an international tribunal should be
set
up to deliver justice. ... [CCET] made the following
recommendations
to UN bodies: ... 3) The East Timorese judicial system
should
be properly resourced by the international community including its
non-legal
functions such as translation facilities, administrative support,
transportation,
etc." Catherine Scott for Christian Consultation on East Timor
(CCET)
Jan
31 JSMP: Second crimes against humanity trial commences in dili
News added Feb 1
"The Second Special Panel of the Dili
District Court has begun hearing the second trial involving crimes
against humanity charges in East Timor. The trial relates to
militia violence in Liquica District in March and April 1999, including
the massacre of a group of villagers who were hiding in the Liquica
Church
on 6 April 1999. One charge also relates to another massacre at
the
house of Manuel Carrascalao in Dili on 17 April 1999. The
accused,
Armando Dos Santos, is charged with 3 counts of murder and one of other
inhumane acts." Judicial System Monitoring
Programme (JSMP)
Jan
30/31 Free East Timor Japan Coalition letter to UNSG
Letter
added Feb 1
"We therefore call on you to strongly
commit yourself to: (1) the establishment of an international
tribunal
to properly investigate crimes against humanity
committed in East Timor, not only in 1999 but throughout the entire
period
of the Indonesian occupation, and prosecute those responsible for these
atrocities; and (2) the provision of proper funding and resources for East
Timor’s judicial system to ensure that low-level militia members
within
East Timor are brought to justice." Free
East Timor! Japan Coalition
Jan
31 JSMP: Constituent Assembly adopts Serious Crimes articles
Comment added Feb 1
"The Constituent
Assembly yesterday adopted three new articles to the East Timorese
constitution who all relates to the process of bringing perpetrators of
previous serious crimes in East Timor to justice. The articles,
however,
surprisingly limits the process quite significantly compared to the
system
already established by UNTAET. ... JSMP fear that the limitations of
the
adopted articles derives mainly from confusion over legal terminology
and
lack of knowledge of the system currently in place for trying Serious
Crimes
in East Timor. The end result may be that some of the most severe
crimes
will not be tried, or tried in a court system already overburdened with
cases and where the lack of resources may seriously endanger the
defendant’s
right to a fair trial. In another surprising decision, the assembly
adopted
a regulation establishing the right of the East Timorese Parliament to
revise the mandate of the Reception,
Truth
and Reconciliation Commission. The suggestion was raised by Chief
Minister
Mari Alkatiri, and will limit the independence of the commission
drastically."
Judicial
System Monitoring Programme (JSMP)
Dec
22 Linton: Cambodia, ETimor & Sierra Leone: Experiments in
International
Justice Intro & link added Dec 31
"In Cambodia, East Timor and Sierra Leone,
the United Nations has been involved in efforts to create a new species
of tribunal for the prosecution of international crimes. These are the
“internationalised domestic tribunals”, grafted onto the judicial
structure
of a nation where massive violations of human rights and humanitarian
law
have taken place, or created as a treaty based organ, separate from
that
structure. In a radical move away from the earlier prevailing wisdom
that
the non-inclusion in any position of nationals of the country most
affected
would preserve impartiality, objectivity and neutrality, mixed panels
of
international and local judges have jurisdiction to try crimes such as
genocide,
crimes against humanity and war crimes." Suzannah Linton, author of
Cambodia,
East Timor and Sierra Leone: Experiments in International Justice
Bahasa
Indonesia/Melayu:
Des
14 JSMP: Keadilan Dalam Praktek: HAK asasi manusia dalam administrasi
pengadilan
Laporan ditambahkan tanggal Desember 17
"Laporan ini mengkaji efektivitas
administrasi
Panel Khusus untuk Kejahatan Serius dari Pengadilan Distrik Dili
yang dibentuk oleh Pemerintah Transisi PBB di Timor Lorosa’e (UNTAET).
Panel Khusus ini diberi mandat untuk menangani Kejahatan-kejahatan
Serius
yang dilakukan selama pendudukan Indonesia, termasuk kampanye tindak
kekerasan
di tahun 1999. Kemampuan Panel ini untuk menegakkan keadilan secara
adil
dan independen sangat penting bagi proses
rekonsiliasi yang tengah digalakkan. ... Untuk merangkum
rekomendasi-rekomendasi
yang diketengahkan: perencanaan strategis yang komprehensif berdasarkan
pada analisa kebutuhan yang lengkap harus merupakan suatu prioritas.
Hal
ini harus mengarah kepada perubahan substansial pada administrasi
pengadilan,
termasuk mobilisasi sumber-daya yang semakin meningkat secara
signifikan
dan pelatihan terkoordinir serta
pemantauan
terhadap staff Timor Lorosa’e. Ini menyimpulkan bahwa tanpa suatu
struktur
administrasi jelas, tanggung-jawab yang didefinisikan dengan benar dan
pelatihan memadai serta dukungan teknis, sistem peradilan Timor
Lorosa’e
yang baru dan Panel Khusus untuk Kejahatan Serius akan tetap bergelut."
Program
Pemantauan Sistim Peradilanm Monitoring Programme (JSMP)
Portuguese:
Dec
14 JSMP: Justiça na práctica: direitos humonos na
administração
do tribunal
Reportagem de Dec 17
"Este relatório examina a
efectividade
da administração do Painel Especial para Crimes
Sérios
do Tribunal do Distrito de Díli que tem sido criado pela
Administração
Transitória das Nações Unidas em Timor Leste
(UNTAET).
Essses Paineis especiais são mandatados para tratar dos crimes
sérios
cometidos durante a ocupação Indonésia, incluido a
campanha de violência em 1999. As suas abilidades de ministrar
justiça
num clima justo e independente é vital para sustentar o
decorrente
processo
de reconciliação. ... Para resumir as
recomendações
apresentadas aqui: plano estratégico compreensivo, baseado na
total
nescessidade de avaliação, deve ser uma prioridade. Isto
deveria conduzir a reformas substanciais da
administração,
inclusive um melhoramento significativo da mobilização
dos
recursos e terinamento coordenado dos
stafs
de Timor Leste. Isto conclui de que sem uma estrutura
administrativa
lúcida, responsabilidades bem definidas, treinos adequados e
assistência
técnica, o novo sistema judicial de Timor Leste e os Paineis
Especiais
para Crimes Sérios continuarão a ser uma luta." Programa
de Monitorização do Sistema Judicial (PMSJ)
Major Report
Dec
14 JSMP: Justice in Practice - Human Rights in Court Administration
Executive summary added Dec 17
"Since February 2001 the Judicial System
Monitoring Programme (JSMP) has been providing independent monitoring
and
analysis of the Special Panels of the Dili District Court. Through
court
observation of the Serious Crimes trials, JSMP monitors have observed a
series of problems that are impeding the proper development of this
important
part of East Timor’s new justice system. JSMP’s first thematic report Justice
in Practice: Human Rights in Court Administration examines these
problems
and their implications for the system’s capacity to comply with
international
human rights standards and fulfil its role in the broader
reconciliation
process in East Timor. The report also contains a series of
recomendations
that have been forwarded to the UN Transitional Administration and the
Minister for Justice." Judicial System
Monitoring
Programme (JSMP)
Nov
24 WkAus: 21 charged with Timor massacre News added
Nov
26
"United Nations prosecutors in East Timor
have lodged an indictment against 21 people, including senior
Indonesian
military, militia and government officials, over the massacre in the
Catholic
church in the town of Liquica in April 1999. ... Of the 21 accused,
only
two low-ranking participants in the April 6 massacre are in custody in
East Timor. ... there is strong resistance in Jakarta to fulfilling
extradition
requests. ... The results of the investigation in East Timor, ... could
assist, and put pressure on, Indonesian justice officials and encourage
the Attorney-General’s office to increase the number of people facing
prosecution.
Ultimately, this is likely to reach retired armed forces commander
General
Wiranto." Don Greenlees
Oct
31 Colombia: The Situation in East Timor Statement to
Security Council added Nov 13
"Another point that Mr. Vieira de Mello
made relates to the need for proper justice for crimes committed,
particularly
the
most serious offences. We have all recently heard many calls
for ad hoc courts or mechanisms to ensure that perpetrators of such
crimes are held responsible. This campaign and this activism confirm
how
important it is to do away with impunity. However, in our opinion, we
must
focus our efforts on the functioning and strengthening of existing
institutions
and those that are to be created. In our view, justice and
reconciliation
should be fully compatible. Without proper justice being done, we
cannot
set out on the road to true coexistence. The
Commission for Reception, Truth and Reconciliation commissions is
very
useful." Ambassador Alfonso Valdivieso, Permanent Representative of
Colombia
October
2001 LHB: East Timor’s New Judicial System Article
added
Oct 30
"It is vital that the
international
community continues to support and provide material assistance to the
fledgling
justice system well beyond the expiration of the UNTAET mandate. If the
new justice system does not receive the necessary support, the legacy
of
impunity and corruption left by Indonesia will continue to undermine
the
development of the rule of law in an independent East Timor."
The
Judicial System Monitoring Programme
Oct
24 ET NGOs: Urgent Steps Needed to Establish Justice
Letter
added Oct 27
"The East Timorese belief in justice and
the rule of law, however, has not been meet by the measures taken thus
far, both under UNTAET in the form of the Serious Crimes Unit and the
process
in Indonesia itself. The Serious Crimes Unit, firstly, lacks
jurisdiction
over those perpetrators who remain outside its territorial reach,
particularly
those with higher command responsibility for the planned execution of
the
widespread murder, rape, displacement of population, destruction of
infrastructure
and property. ... The East Timorese people’s patience and expectation
with
this avenue of justice is understandably wearing thin. Meanwhile, the
rule
of law seems as hard to find at this stage of the process, as it was
under
colonial rule." Yayasan HAK; Lao
Hamutuk; FOKUPERS; Bishop
Belo’s Center for Peace and Development Kdadalak Sulimutu Institute
(KSI);
Working Group for Electoral Education (KKPP); Judicial
System Monitoring Project (JSMP); East
Timor Student Solidarity Council (ETSC); Student Solidarity Council
of Oe-Cusse; Yayasan Timor Nabilan;
Nove-Nove Survivers Group (Maliana); NGO Forum
Oct
24 Internationals in ET write UN Security Council on Justice
Letter added Oct 27
"After
two years, the United Nations Transitional Administration in East Timor
is winding down. East Timor will be independent soon. It would compound
the
crimes already committed here if this tiny, poor nation which has
endured
so much terror is left on its own to cope with criminals who still hold
positions of power in its huge neighbor. The period of U.N.
responsibility
for East Timor must leave a legacy of justice and accountability if
East
Timor is to succeed as a member of the world community." J Conway (Asia-Pacific
Support Collective); Sr. B Guhit (Bishop
Belo’s Center for Peace & Development); J Gunter; C Serreira e
Freire (Oikos); M Hachisuka (La’o Hamutuk);
T Irawati (FORTILOS); V Joshi (LH); N
Katjasungkana (FORTILOS); I Lempp; J Newton (Caritas
Australia); S Martin (CA); H
McCaughey
(Australian Volunteers International); C Ranheim (Judicial
Systems Monitoring Programme); S Rosa; C Scheiner (International
Federation for East Timor); P Sexton (LH);
A de Sousa (LH); J Sternberg
Oct
20 Free East Timor! Japan Coalition writes to UNSG re international
tribunal
Letter added Nov 13
"Just as the victims of the U.S. attacks
deserve justice, so do the East Timorese. Terrorism, which is generally
defined as the systematic use of violence to create a general climate
of
fear in a population and thereby to bring about a particular political
objective, is an accurate description of the sufferings
inflicted on the East Timorese people by the Indonesian military
during
the 24 years of Indonesian occupation. ... We therefore call on you to:
... 2) support the provision of proper funding and resources for East
Timor’s judicial system to ensure that low-level militia members
within
East Timor are brought to justice." Free
East Timor! Japan Coalition
Oct
17 STL: Othman replaced as General Prosecutor in East Timor
News from ETimor added Oct 19
“Mari Alkateri [head of government] agreed
to my proposal after a long consultation process, and agreed to the
choice
of Longginhos Monteiro as a General Prosecutor. I do expect that
Longginhos
will lead his office, and work well with his staff” UNTAET
Transitional Administrator Sergio Viera de Mello
“When I was working, I could not speak
the language, so by choosing the new general prosecutor, he may more
easily
coordinate the work of the office in accordance with local culture, in
order to achieve justice” Mohamed Othman, previous General Prosecutor
Sep
20 A Popular Challenge to UNTAET’s Achievements
Statement
added Sep 20
"UNTAET has recently published in the
September issue of its broadsheet Timor Tais 20 of the UN’s major
achievements
in East Timor. ... 10. Establishment of a Functioning Judicial and
Legal
System: In few areas is the gap between claim and reality greater
than
in terms of a functioning judiciary. This is key to the rule of law and
the peaceful settlement of disputes. Short-term training of judges
cannot
equal the kind of training and experience required for such positions.
Cases are slow to be dealt with and detentions without trial are
considered
international violations of civil and political rights. The
ineffectiveness
of the judicial system gives East Timor the reputation of violating
such
rights. The Serious Crimes Unit of UNTAET has been severely criticized
by the press and the fact that the charges against it have not been
addressed
by the Transitional Administrator diminishes the importance of the
tragic
events of 1999."
Aug
28 SMH: To forge a future, Timor needs justice for the past
Article from ETimor added Aug 30
"Prosecuting the crimes of 1999 is
essential
for East Timor, but also for Indonesia. Democracy there is fragile and
the military continues to intrude on both government and civil society.
Much remains to be done. We call on the international community for
the following: ... * Provide adequate resources and expertise to East
Timor's legal process to deal with the hundreds of militia who
remain
in the country. ... The path to independence follows the road of justice
and reconciliation." Bishop Carlos
Belo
Aug
25 C. Vasconcelos on ET Justice System to Int'l Association of
Prosecutors
Briefing added Aug 30
"As an experienced and principled
prosecutor,
I went to East Timor to share my skills with fellow prosecutors there.
I have become an object of retribution because I fought to uphold
principles
that are sacred to our profession. What lessons the East Timorese are
learning
from the experiences I have had! Particularly disturbing is the fact
that
all of this occurred in the United Nations, the fountain from which the
fundamental principles of human rights set out in the Universal
Declaration
of Human Rights have sprung from. ... I have paid the price for
believing
that the United Nations practices what it preaches." Carlos
Vasconcelos,
Federal Prosecutor at the 1st Federal Court of Appeals in Brasilia,
Brazil
Jul
30 JSMP: Los Palos trial enters second stage News from
ETimor added Aug 1
[Includes links to info
on KOPASSUS & Team Alfa militia - BD]
"During the cross examination, the militia
members have testified to their strong links with KOPASSUS, the
Indonesian
special forces, ever since Team Alpha was established in the mid 1980s.
One of the accused also confirmed that he had been paid 75 000 rupiah
per
month for being a militia member. The same accused confirmed that the
militia
had been informed by KOPASSUS of the “Operation Cleansing”, the first
step
in which was to kill everyone who voted for independence, the second
step
to destroy all buildings in East Timor made by Indonesians." Judicial
System Monitoring Programme news service
Jul
28 MULR: Creation of a Viable Criminal Justice System in ET
Report Abstract & Conclusions added Aug 1
"In its examination of the creation of
a criminal justice system in East Timor, this paper has followed three
identified themes: the degree of
consultation
with the East Timorese in the decision-making process; the ability of
the
existing and incoming system to cope with the laws it is expected to
enforce;
and the investment in human skills
that
is being undertaken in order to empower the East Timorese to manage
their
own country after independence. Through this analysis, the problems of
the system have been brought to light. The picture that has emerged
bodes
ill for the future of East Timor." The Melbourne University Law Review
Jul
27 JSMP Comments to the Sergio Lobo interlocutory appeal
Comments added July 28
"Panel A of the Dili District Court
decided
to conditionally release Dr Sergio Lobo, ... from detention in Becora
prison
and place him under house detention until his forthcoming trial. ...
JSMP
is concerned that this interlocutory decision has the potential to
seriously
undermine the equally important rights of the victims of crime and
violates
international human rights law aimed at ensuring the safety and
security
of every person. Furthermore, the decision seems to reveal a
prejudicial
attitude, even within the justice system, against respect for women’s
rights in East Timor." Judicial System
Monitoring
Programme news service
Jul
27 AI: EAST TIMOR Justice past, present and future
Report
added Aug 13
"The judicial system is only partially
established and what does exist is fragile. Members of the fledgling
judiciary
lack the necessary training and support and are vulnerable to political
pressure, including through threats and intimidation. The courts lack
basic
facilities and by June 2001 only one out of East Timor’s four district
courts was fully operational. A public defenders service has been
established
but this small group of lawyers also lacks the support needed to make
up
for their lack of experience. In addition, the laws that are being
applied
in East Timor are not always consistent with international human rights
standards." Amnesty International
Jul
26 AI: East Timor: Justice at risk Release added Aug 1
“If the UN pulls out now, without leaving
in place substantial support for the fledgling judicial system and
other
key institutions, its investment over the past two years will be
jeopardized.
The UN is failing in its primary task of ensuring that the new state of
East Timor has protection and promotion of human rights at its core,
...
Two years on the East Timorese people are still waiting for justice. If
credible trials are further delayed, the demands for an international
criminal tribunal will inevitably become more insistent“ Amnesty
International
Bahasa Indonesia:
Jul
25 TMP: Pernyataan Keprihatinan Atas Sidang Naik Banding
Statement added Aug 1
"Bahwa kami sangat menyesalkan hasil
keputusan Majelis Hakim Panel A pengadilan distrik Dili untuk mencabut
penahanan sementara atas tersangka dr Sergio Lobo. Dasar pertimbangan
yang
dipakai hakim maupun pihak pembela untuk melepaskan dr Sergio Lobo,
tidak
menunjukkan aspek pembelaan dan keadilan terhadap korban GG. Ernawati."
oleh Tim Monitoring Persidangan: Fokupers
(Forum Komunikasi Untuk Perempuan Loro Sae); Tim Kuasa Hukum G.G.
Ernawati
Legal Aid Ukun Rasi’An
Jul
25 CMT: Statement of Concern Regarding the Appeal Hearing
Statement added July 28
"We are extremely disappointed by today’s
decision of the High Panel of Judges in District Dili Court to overturn
the temporary detention of the accused Dr. Sergio Lobo. The reasoning
for
the judgement presented by the judges as well as by the defense for the
release of Sergio Lobo does not point to concern for justice for the
victim,
GG. Ernawati." The Court Monitoring Team: Fokupers
(the East Timorese Women’s Communication Forum) ; Legal Aid Team of
Ukun Rasik An
Jul
24 Yayasan HAK: Serious Concerns re Judicial Independence under UNTAET
Paper added July 26
" ... in order for the transition to be
a meaningful one, the foundations must be laid to ensure that national
democratic institutions can perform the checks and balances required
for
any healthy and vigorous democracy. The establishment of such local
institutions
capable of upholding democratic values is particularly critical for
East
Timor to redress the oppression experienced under decades of colonial
rule.
Securing the basis for an independent judiciary is indispensable in
this
a historical context. It is only then that the East Timorese can start
to overcome a past legacy of impunity and cultivate a culture of the
rule
of law where the people can trust and rely on the judiciary for the
full
protection and realisation of their rights. In light of the importance
and urgency of this matter we would urge you to raise your concern on
this
matter with the Transitional Administrator and encourage his
administration
to act in accordance with international human rights law and democratic
principles." Aniceto Guterres Lopes, Director, Yayasan
HAK
Jul
16 JSMP: Militia member convicted of UNAMET staff murder
News from ETimor added July 17
"A former member of Team Pancasila militia
was today found guilty of murdering a UNAMET local staff member and FALINTIL
supporter in Atabe village, Ermera district on the day after the
popular
consultation in which nearly eighty percent of East Timorese voted for
independence from Indonesia. ... This is the first case involving the
killing
of an East Timorese who was in part targeted for his role in working
with
the UN mission that supervised the ballot on 30 August 1999. Many other
local staff were similarly attacked in the violent aftermath." Judicial
System Monitoring Programme news service
Jul
13 JSMP: Team Alpha militia members testify to Kopassus links
News from ETimor added July 14
[Includes links to info
on KOPASSUS & Team Alfa militia - BD]
"In the first trial involving crimes
against
humanity being heard by the Special Panel for Serious Crimes of the
Dili
District Court, several Team Alpha militia members have testified this
week to their strong links with KOPASSUS, the Indonesian military
special
forces. They confirmed that as militia members they were trained and
armed
by KOPASSUS to fight FALINTIL." Judicial
System Monitoring Programme news service
Jul
10 JSMP: First crimes against humanity trial begins
News
from ETimor added July 11
"The first trial involving crimes against
humanity, known as the “Los Palos” case, finally began yesterday after
several delays. ... He [Deputy General Prosecutor for Serious Crimes,
Jean-Luis
Gillisen (Belgium)] said that it was an important moment not just for
the
East Timorese people, but also for the international community as the
victims
of the crimes alleged include all of humankind. The Special Panel takes
part in the building of international justice, thereby helping the
international
community to end impunity for the commission of atrocities, he said." Judicial
System Monitoring Programme news service
Jun
1 JSMP: New Human Rights Project in East Timor Project
added June 9
"We would like to introduce you to the
Judicial
System Monitoring Programme (JSMP), a new human rights project set
up by the East Timorese Jurists’ Association and the Timorese/international
organisation La'o Hamutuk. JSMP aims to assist the United Nations
Transitional
Administration in East Timor, the East Timorese public and the
international
community by making recommendations for ongoing reform of the fledgling
judicial system of East Timor."
Oct
10 ABC: Gusmao: Priorities for the New Nation
Interview
added Oct 13
"I not against an international tribunal,
I just say that we as East Timorese we have other priorities and if it
is an international tribunal let international community to set up
this,
don’t demand us to do this. We will anyway we will help this tribunal
but
don’t give to us this burden because our burden is more than to seek
for
justice, we are now, our people are dying, our children are dying, the
elder people are dying without health care." East
Timor’s poet revolutionary and presidential nominee Xanana Gusmao
Oct
16 Dili Seminar: Justice and Accountability in East Timor
Invitation added Oct 11
"You are invited to attend a one day
seminar
on: 'Justice and Accountability in East Timor:
International Tribunals
and other options'. The purpose of the seminar is to discuss the
progress
so far regarding prosecution of crimes against
humanity
committed in East Timor and where we go from here. ... The seminar will
be held at the Canossian Sisters, Becora, Dili, Timor Lorosa’e. Tuesday
16th October ... Most of the presentations will be in Tetun or Bahasa
Indonesia.
An English interpreter will be available." The
NGO Forum; Yayasan HAK; La’o
Hamutuk; Fokupers; Caritas
Australia; Judicial System Monitoring
Programme
Aug
30 Time Asia: Gusmao: What Happens Next? Interview
added
Aug 30
"TIME: What is your position on
amnesty for the violence of 1999? Gusmao:
Amnesty can be considered, but only after justice,
after trials. Not before. TIME: Would that mean not putting
people
in jail? Gusmao: It is not my decision to say. As a principle,
I
only can conceive amnesty after justice. But who can decide? It will be
the assembly, the government. Not me."
July
23 IHRN Urges New Indonesian President to Curtail Military and Police
Abuses
Release added July 26
"The Indonesia Human Rights Network urges
Megawati to do everything in her power to put an end to military and
police
violence, and to work to establish a judiciary with the authority,
capacity
and support to bring those responsible for human
rights
violations to justice," Megan Walsh, The
Indonesia Human Rights Network (IHRN)
28
April – 5 May 2001 CSW: Joint Mission to East Timor Report
added July 5
"Conclusions & Recommendations:
* That the Indonesian authorities, the
UN, and the international community take responsibility for bringing
perpetrators
of serious crimes, whether militia leaders or Indonesian military, to
justice;
* That President Abdurrahman Wahid amend
his decree and extend the mandate of the Indonesian tribunal to crimes
committed before, as well as after, the August 1999 ballot, so that
such
atrocities as the Liquica massacre in April 1999, and the attack on
Manuel
Carrascalao’s home, be properly investigated and the perpetrators
brought
to justice;"
Dr
Martin Panter & Benedict
Rogers,
Christian Solidarity Worldwide (CSW)