Archived
26 August 2004
A
collection of press releases, petitions, articles and news
relating
to crimes committed against the East Timorese people
25
Aug 2004 AFFET: Selective Human Rights by Howard/Downer
Media release added 26 Aug 2004
"Howard
says he feels responsible and frustrated about perpetrators of murder
and terror in Bali not able to be charged with terrorism offences, and
will do all he can to press on this matter - Downer much the same.
Downer and Howard, in fact all Australian governments, stood by whilst
the Indonesian military invaded and occupied our closest neighbour East
Timor, and did nothing, in fact supported the Indonesians, whilst
300,000 or 40% of that country died." Rob
Wesley-Smith, Spokesperson, Australians For a Free East Timor - Darwin
19
Aug 2004 AETA: A turning point of history: The 1999 UN Referendum
Article added 19 Aug 2004
"
Within days over 90% of all buildings in East Timor had been burnt or
destroyed as the Indonesian Army extracted their revenge on a people
and country who refused to be intimidated any more. Houses and offices
were ransacked. Even tin from roofing was prised off and carried away.
Over 1/3 of the civilian population were forcibly deported at gun point
to neighbouring West Timor on Indonesian Naval boats or overland in a
crude attempt to depopulate the new nation before it even began. "
Jefferson
Lee, Timor
Sea
Campaign officer, Australia
East Timor Association (NSW) & member, Timor Sea
Justice Coalition
Sydney
Feb
15 SMH: Blue Book of horrors makes a diplomatic time bomb
Article added Feb 16
"An explosive secret report on Indonesia’s
brutal occupation of East Timor is sitting in Canberra ... The material
Jones saw as a desk officer in the former Joint Intelligence
Organisation
(JIO, now called the Defence Intelligence Organisation) contained
damning
detail about the brutality of the East Timor occupation, in
which
up to a third of the population, or 200,000 people, may have died. ...
The period it covers includes the harshest
times for the East Timorese, when Indonesian forces shot and pillaged
their
way through the territory’s towns and villages, displaced rural
populations
to starve in holding centres, and induced widespread famine to break
the
guerilla resistance. Jones, now a business consultant in Western
Australia,
says the eight-chapter book is a harrowing record. “You’d cry if you
read
it,” he says, adding: “The truth must come out some day."" Hamish
McDonald
& Desmond Ball
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)
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
Dec
15 IPRD: Indonesia, ETimor & The Western Powers: A Case Study
Research paper added Dec 18
"Indonesia and East Timor are prime examples
of how Western foreign policy actually systematically results in
the
violation of human rights, the support of terror, the creation of
conflict
and the sabotage of peace. Policy, it seems, is formulated primarily on
the basis of achieving regional strategic and economic interests, with
humanitarian principles being systematically sidelined. In this
context,
we must view Western claims to be harbingers of humanitarianism,
leading
a genuine war against terrorism, with much
skepticism."
Nafeez Mosaddeq Ahmed, Director of the Institute for Policy Research
&
Development and a Researcher at the Islamic Human Rights Commission
Dec
8 ETNGOs: Commemoration Day of the Commencement of the Pacific War
Letter added Jan 24
"The Pacific War which was begun by the
Imperial Nation of Japan on 8 December sixty years ago, cost around 40,000
innocent lives in East Timor during the time period of three and
half
years of the military occupation of the Emperor of Japan. Not only did
many East Timorese die, either because they were killed by the Japanese
military or the effects of the Pacific War, but there still are victims
alive today with wounds, both physical and psychological, such as the comfort
women (jugun ianfu), forced labourers and Heiho whose numbers are
still
unknown. History is very important in order to build a better future.
For
that reason, mistakes of the past have to be straighten out before
steps
can be made forward. If not, human history has already proven similar
mistakes
will be repeated." Representatives of 20
East
Timorese Non-Government Organisations (NGOs)
Dec
6 NSAEB: Ford, Kissinger and the Indonesian Invasion, 1975-76
Article added Dec 31
"The invasion, originally scheduled for
early December, was apparently delayed by the visit of Ford and
Kissinger
to Jakarta on December 6. Operation Komodo, a general invasion of East
Timor, commenced the next day. In the following weeks a series of
United
Nations resolutions-supported by the U.S.-called for the withdrawal of
the Indonesian troops. An estimated 20,000 Indonesian troops were
deployed
to the region by the end of the month. While casualty estimates vary,
anywhere
from 60,000-100,000 Timorese were probably killed in the first year
after
the violence began in 1975. In 1979 the U.S. Agency for International
Development
estimated that 300,000 East Timorese-nearly half the population-had
been
uprooted and moved into camps controlled by Indonesian armed forces. By
1980 the occupation had left more than 100,000 dead from military
action,
starvation or disease, with some estimates running as high as 230,000."
National Security Archive Electronic Briefing Book No. 62
Nov
12 SMH: Ten Years Later, Santa Cruz Massacre Still Leaves a Scar
Article added Nov 12
"Many victims of the massacre are unaccounted
for, ... Ten years after the massacre that shocked the world, memories
are still raw in East Timor. When a short piece of theatre re-enacting
the November 12, 1991, slaughter of more than 200 students in the Santa
Cruz cemetery was shown to an audience of survivors and families on
Saturday,
it left them in tears. One elderly woman collapsed into bitter weeping,
and even a panel of dignitaries cried openly." Jill Joliffe in Dili
Nov
12 TETA: The eve of 10th anniversary of Santa Cruz massacre
Statements added Nov 12
"On Nov. 12, 1991, hundreds of unarmed
East Timorese joined a procession to Santa Cruz cemetery in Dili to
mourn
a Timorese youth killed two weeks before by the Indonesian military. As
they walked, people unfurled banners and called out pro-independence
slogans.
After arriving at the cemetery, the mourners were surrounded by
Indonesian
soldiers, who fired on them indiscriminately, killing 273 people and
wounding
a further 376. Some of the wounded who were taken to the Wira Husada
military
hospital were killed there. The whereabouts of another 255 mourners who
went missing on the day of the massacre remain unknown to this day." Free
East Timor! Japan Coalition; National Christian Council; Japan
Catholic
Council for Justice and Peace; Amnesty
International
Japan; Network for Indonesian Democracy, Japan; Japan NGO Network for
Indonesia;
and Pacific Asia Resource Center
Nov
3 Age: Timor's Haunted Women Article added Nov 7
"They’re cruel! We don’t want Japanese
soldiers back here!” Marta Pereira, one of around 1000 surviving
ETimorese
women who were used as sex slaves, or “comfort
women”,
by the Japanese military
“We see it as an important issue - despite
their old age, these women are still suffering, ... We struggled 24
years
to get Indonesian troops out of here, and now we’re being asked to accept
Japanese troops. Japanese support should be in another form. It’s
ugly
to have troops here when no apology has yet been made.” Natalia de
Jesus
Cesaltino, Fokupers
Bahasa
Indonesia/Malay:
Buletin La'o Hamutuk:
[PDF format]
Vol. 2, No. 6 & 7 Oktober
2001
Keadilan untuk Timor
Lorosa’e?:
http://www.etan.org/lh/PDFs/LHv2n6-7bh.pdf
A Summary/Chronology of all major
events:
October
2001 LHB: Justice and Accountability for East Timor: Sep 99 - Oct 01
Timeline added Nov 15
Oct
23 WPI: Indonesia at the Crossroads: U.S. Weapons Sales and Military
Training
Report [75kb] added Oct 24
"As he [US President Bush] builds a
coalition to fight terrorism, Bush is in danger of arming and
training
some of the Pacific region’s worst tools of terror—namely the
Indonesian
military. ... In December 1975, Indonesia invaded the new nation of
East
Timor, which had just declared itself independent from Portuguese
colonizers.
Within five years, more than 200,000 people,
one-third
of the pre-invasion population, had been killed, ... given the
current
instability [within Indonesia], it seems self evident that new
shipments of weapons and military training from the United States
[to
Indonesia] would only pour gas on the raging fire of this 17,000-island
archipelago." Frida Berrigan, author of this special report
Bahasa
Indonesia/Malay:
Laporan Seminar Sehari
di Dili, Timor Lorosa'e: [PDF format]
16 Oktober 2001
Keadilan and Pertanggungjawaban
di Timor Lorosa'e
Pengadilan Internasional
dan Pilihan Lain
Diselenggarakan oleh: Forum
NGO Nasional Timor Lorosa'e, Yayasan
HAK, La'o Hamutuk, FOKUPERS,
Caritas
Australia, Judicial System Monitoring
Programme
(JSMP)
http://www.etan.org/lh/PDFs/justbahasa.pdf
Bahasa
Indonesia/Malay:
Okt
16 NGOs: Keadilan and Pertanggungjawaban di Timor Lorosa'e - Agenda
Seminar
Laporan ditambahkan tanggal 2 Januari
2002
"Daftar Isi: Agenda Seminar; NGO
Timor Bersatu Menuntut Pengadilan Internasional; Penuntutan Kejahatan
Berat
di Timor Lorosa'e; Proses Peradilan di Indonesia untuk Kasus
Pelanggaran
Berat Hak Asasi Manusia di Timor Lorosa'e 1999; Penuntutan Kejahatan di
Bawah Proses Peradilan Internasional; Laporan NGO Mengenai Kegiatannya;
Presentasi Kelompok Kerja; Daftar Hadir Peserta Seminar; Surat Kepada
Deputi
Pemerintah Transisi UNTAET; Surat dari NGO untuk Dewan Keamanan PBB;
Surat
Kepada Dewan Keamanan PBB dari Warga Antarbangsa di Timor Lorosa'e" Forum
NGO Nasional Timor Lorosa'e, Yayasan
HAK, La'o Hamutuk, FOKUPERS,
Caritas
Australia, Judicial System Monitoring
Programme
(JSMP)
Sep
2001 GPJ:An East Timor Village Before the Conflagration
Article added Sep 26
"Dili, a small seaport, still seems the
quaint and decrepit, farthest and most forgotten outpost of an Empire
that
once ruled Brazil. Its streets are filled with a busy, friendly mix of
Melanesian, Asian and European folk, cheerful and full of hope in spite
of ubiquitous Indonesian solders and police, in spite of militias in
balaclavas
that roll through town in open trucks, occasionally giving the
straight-arm
fascist salute. ... Driving to the airport we meet a convoy of open
army
trucks transporting an Indonesian youth group in red berets,
red-and-white
flags flying, singing patriotic songs, flown in to celebrate the event.
Although everyone expects trouble, no one expects what in fact happens,
except, we learn later, the Indonesian military leaders who precisely
planned
it all." George Povey, writing for
Genocide
Prevention Journal
Sep
25 ASIET: US War Drive and Racism: Stop the War Against the Third World
Statement added Sep 26
"Two of the greatest acts of terrorism
in the 20th century: East Timor and Indonesia: ... In East Timor
200,000
people, or one third of the population died, as a result of the war
against
the East Timorese people by General Suharto’s army. General Suharto
attacked
East Timor one day after US President Gerald Ford and US Secretary of
State
Henry Kissinger visited Jakarta and gave the go ahead. ... In 1965 in
Indonesia,
the US helped organise the mass slaughter of more than ONE MILLION
workers,
peasants, students and women’s activists who were trying to free
Indonesia
from the exploitative grip of the West. ... On September 11 in New York
a group of suicide terrorists committed a barbaric crime of hate
murdering
more than 7,000 innocent people. That same day, George W Bush and his
friends
began their inhuman and cynical strategy of turning this tragedy into a
war. They call it the “war against terrorism”. " Action
in Solidarity with Indonesia and East Timor (ASIET)
Sep
23 TAPOL: Statement on the Megawati-Bush Joint Statement
Added Oct 11
"Indonesia and the current world crisis
On 19 September, President Megawati Sukarnoputri went to
Washington
to meet President Bush for a state visit that had been agreed before
the
horrendous events in New York and Washington on 11 September when more
than six thousand people of many nations met their deaths as the result
of a heinous, terrorist attack. TAPOL joins in mourning those who were
killed, while continuing to mourn the one million or more Indonesians
who
met their deaths as Suharto took power in 1965/1966. On that occasion,
Washington gave unstinting support to Suharto and the Indonesian army
to
continue with this massacre and made no calls on the world community to
fight terrorism - state terrorism - which might well have halted the
massacre
in its tracks. ... Megawati’s measured response shows that she knows
full
well that support for Washington in Indonesia is less than
enthusiastic."
TAPOL,
the Indonesia Human Rights Campaign
Sep
6 CONG: Anniversary of Suai massacre & Atambua murders
Statements added Sep 7
"As the whole world now knows, everyone’s
worst fears were realized. Two years ago, over Labor Day weekend, I
learned
that the home of Bishop Belo, where I had eaten dinner just two weeks
earlier,
had been burnt to the ground. The Bishop barely escaped with his life.
The 3,000 people given refuge. in his courtyard were forced out at
gunpoint
by uniformed Indonesian military and militias. At that time, their
fates
were unknown. Thankfully, many survived and are today active in
rebuilding
Dili. Suai, however, was not so blessed." Rep. James P. McGovern
Sep
3 ETimorese NGOs write to Japanese PM re SDF Letter
added
Sep 6
"The East Timorese people had a bitter
experience with the Japanese military during the Second World War. Many
East Timorese have been victims/survivors of abuse by Japanese troops,
as forced laborers and sexual slaves
(‘comfort women’/jugun ianfu). In December 2000, two
East Timorese women testified about their experiences as sexual
slaves
before the Women’s International War Crimes Tribunal for the Trial of
Japanese
Military Sexual Slavery. This testimony points to the fact that these
past
experiences remain as a wound in these women’s hearts, and that they
have
not yet found justice for their suffering." Yayasan
HAK; Kdadalak Suli Mutu Institute; Gerakan Mahasiswa Pro Demokrasi;
Grupo Feto Foin Sae Timor Lorosa’e; East
Timor Women Against Violence; East
Timor Students Solidarity Council; Sa’he
Institute for Liberation; Fokupers;
LBH “Ukun Rasik An”; Lao Hamutuk;
Centro
Desenvolvimento Economia Popular; Fundacao Haburas.
Aug
30 Time Asia: Gusmao: What Happens Next? Interview
added
Aug 30
"TIME: Are you worried that TNI
(Indonesia’s army) might return to East Timor with the aim of retaking
the country? Gusmao: I don’t believe TNI will. The militias,
yes,
they could come (and) infiltrate. But in my perception, TNI is already
going toward the right way. East Timor is an international issue now.
If
the TNI were to come again, it would be suicide. I don’t believe Mega
(Indonesian
President Megawati Sukarnoputri) would allow this. I don’t believe the
generals would allow this."
Aug
28 SMH: To forge a future, Timor needs justice for the past
Article from ETimor added Aug 30
"This week marks the second anniversary
of the referendum in which we, the people of East Timor, voted for
independence.
It is the second anniversary of the violence that affected all our
lives.
At this time we remember all those who have suffered during our
transition
to independence. ... The international community should remain
conscious
of the legacy of 24 years of Indonesian occupation. In particular, it
is
important to remember the "scorched earth" withdrawal of Indonesian
troops
from East Timor during September and October 1999. Up to 3,000 died in
1999, untold numbers of women were raped
and 500,000 persons displaced - 100,000 are
yet
to return. Those events live on in the minds of Timorese despite the
apparent
material progress of the past two years. The survivors of crimes
require
more than material progress. They need justice, and only
justice will lead to reconciliation." Bishop Carlos Belo
Aug
28 AGE: The path to freedom by Bishop Belo Statement
added
Sep 1
"Justice for the people of East Timor
requires that the perpetrators of the most serious crimes be
identified,
and prosecuted in the same manner as a common criminal. This means a
legal
process is needed. ... As with apartheid, there are numerous shades of
responsibility and guilt. Nonetheless, our people demand an accounting
and they are entitled to have the guilt of the authors of the most
serious
crimes demonstrated. Where there are mitigating circumstances these
need
to be kept in mind." Carlos Belo, the Catholic Bishop of Dili,
co-recipient
of the 1996 Nobel Peace Prize
August
2001 LHB: Phillips Petroleum and Canberra Play an Old Game
Editorial added Aug 25
“Phillips and Canberra are attempting
to hold East Timor hostage to supposed “promises” made in the immediate
aftermath of a campaign of murder and destruction by the Indonesian
military
and its militia proxies. In doing so, they are trying to maintain a
fiscal
regime very favourable to the interests of the oil companies, a
position
gained because of Indonesia’s desire to gain international acceptance
of
its illegal annexation of East Timor. In this regard, Phillips and
Canberra
are trying to institutionalise the result of a criminal act, one in
which
they were partners in crimes." La'o
Hamutuk:
East Timor Institute for Reconstruction Monitoring and Analysis
Aug
26-30 2001 ISRCL: Details of International Conf: POLITICS, CRIME AND
CRIMINAL
JUSTICE
"* The [Canberra-based] conference on
the theme of “Politics, Crime and Criminal Justice” will examine the
inter-relationship
of politics and criminal justice systems at local, national and
international
levels.
* The final day of the conference will
consider the restoration of criminal justice systems following the
collapse
of civil authority and the development of international criminal
justice
systems with a specific emphasis on East Timor.
* Aug 30: 09h00 – 10h30 Plenary 8: The
Collapse of Order in East Timor
This plenary will examine the events relating
to the crisis in East Timor surrounding the widespread violence and
serious
human rights violations there after the popular consultation on the
future
status of East Timor on 30 August 1999." International
Society for the Reform of Criminal Law
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
16 Caritas Australia programs 2000 - 2001 - Emergency Relief
Report added Aug 19
"Oecussi is an isolated enclave of East
Timor, which is totally surrounded by Indonesian West Timor. ... The
people
of Oecussi suffered greatly in the violence of 1999, as a consequence
of
their isolation. Most of the population of 55,000 either fled to West
Timor
or went into hiding in the hills during the violent militia rampage.
Interfet
troops were not able to secure Oecussi until the end of October, a
month
after arriving in Timor. It was the scene of some of the worst
massacres
and destruction with a number of mass graves being discovered and 80%
of
houses severely damaged or destroyed. Virtually every building left
standing
was stripped of its roofing iron which was taken away by the militia.
Most
of the population of Oecussi went into hiding in the hills during the
violent
militia rampage. The people of Oecussi largely live in rural
communities,
in houses made of wood, palm fronds and grass. These houses were burnt
to the ground during the militia violence. Displaced people returned to
nothing. Now Oecussi remains isolated, there being no land access
between
the enclave and the rest of the country. Access is via United Nations
flights.
It is very difficult for the East Timorese population of Oecussi to
gain
access to these flights, priority being given to peacekeepers and
United
Nations personnel." Caritas
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
3 ChHEd: ET Emerges From Indonesia's Grip With Scars and a New
University
Article added Aug 17
"Finally, on August 30, 1999, the referendum
took place. Ninety-nine percent of voters turned out. Almost 80 percent
chose independence. The militias responded with an orgy of destruction,
wrecking and burning all they could, killing hundreds and perhaps
thousands
of people, and forcing a quarter of the population of 800,000 to the
Indonesian
half of the island, in an attempt to keep as many people as possible
under
Indonesian control. Some are still waiting to return." Burton Bollag
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 updated July 14
" ... 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
14 CSUCS: Child Soldiers Global Report 2001 - East Timor Chapter
Report added June 25
"During the final years of occupation,
the Indonesian military established a number of local militia groups,
ostensibly
to protect pro-integration sections of
the
local community from pro-independence forces. According to an agreement
concluded between Portugal and Indonesia on 5 May 1999 under the
auspices
of the UN, a popular referendum on the future status of the province
was
held. After an overwhelming vote for independence in the face of
widespread
violence and intimidation, pro-government militias went on the rampage,
burning and looting property, killing hundreds of people and displacing
hundred of thousands." Coalition to Stop the Use of Child Soldiers
Jun
13 JUSTICE FOR EAST TIMOR Statement added June 13
"In making the statement, we take account
of the following:
1. After the announcement by former
President Habibie of Indonesia in January 1999 that the East Timorese
people
would be allowed to decide their future status, a wave of violence was
unleashed by militia groups trained and supported by the Indonesian
army.
Following the overwhelming vote in favour of independence on 30 August
1999, at least 1,000 people were killed, many more were injured, up to
75 per cent. of the population was displaced, including around 250,000
forcibly evacuated to Indonesian West Timor, and around 80 per cent. of
the infrastructure was destroyed. In view of the systematic and planned
nature of the violence, many of the crimes committed amounted to crimes
against humanity.
2. Crimes against humanity are
crimes of universal jurisdiction and the international community has a
special responsibility to ensure that the perpetrators are brought to
justice.
It has an additional moral responsibility in relation to the 1999
crimes
since many of them were committed when the UN was administering the
'popular
consultation' or after it had abandoned the territory despite promises
that it would stay after the vote.
3. Many other gross violations
of human rights, including mass murder, were committed in East Timor in
the period following Indonesia's illegal invasion in 1975. Around
200,000
people - approximately one-third of the pre-invasion population - lost
their lives. The international community also has a responsibility to
investigate
the atrocities committed during that period.
4. The report of the International
Commission of Inquiry (ICI) on East Timor presented to the UN Security
Council on 31 January 2000 (S/2000/59) cited evidence of "a pattern of
serious violations of fundamental human rights" in relation to the 1999
crimes and recommended the establishment of an international tribunal
for
East Timor. It expressed "the view that ultimately the Indonesian Army
was responsible for the intimidation, terror, killings, and other acts
of violence…"
5. At the same time, the Indonesian
Commission for Human Rights Violations in East Timor (KPP-HAM) issued a
report which confirmed military involvement in and responsibility for
crimes
against humanity. It named as suspects 32 military and civilian
personnel,
including Major Generals Zacky Anwar MaKarim and Adam Damiri and
militia
leader Eurico Guterres. It also stated that overall responsibility for
the crimes committed lay with armed forces commander in chief, General
Wiranto.
6. In response to the ICI report,
the UN Security Council stated on 18 February 2000 that the
perpetrators
should be brought to justice "as soon as possible" and that Indonesia
should
"institute a swift, comprehensive, effective and transparent legal
process,
in conformity with international standards of justice and due process
of
law. An earlier report by the three UN special rapporteurs on
extrajudicial,
summary or arbitrary executions, torture and violence against women
published
in December 1999 recommended the establishment of an international
tribunal
if the Indonesian process was not completed in "a matter of months".
7. There are overwhelming political
and legal obstacles in the way of meaningful trials in Indonesia. Many
of those obstacles have been introduced since Indonesia committed
itself
to bring the perpetrators to justice before its own courts. It is
evident
that the Indonesian authorities are neither willing nor able to
administer
meaningful justice in relation to the East Timor crimes. The
international
community's decision to allow Indonesia time to try the perpetrators
has
not worked and the international community's inaction can no longer be
justified.
8. In August 2000, the Indonesian
supreme legislative assembly provided defendants with an absolute
defence
to charges relating to the East Timor crimes by enacting a
Constitutional
amendment which introduced the principle of non-retroactivity into
Indonesian
law. Suspects would also appear to have a defence based on the Attorney
General's failure to bring the cases to trial before a deadline set out
in Indonesia's Law on Human Rights Courts. That Law is in itself flawed
and falls short of international standards, particularly those relating
to judicial independence and impartiality. It is widely acknowledged by
those in the best position to know that very few current judges can be
regarded as independent and untainted by judicial corruption.
Procedural
and institutional safeguards for the rights of defendants fall far
short
of accepted human rights standards and there is no adequate witness
protection
programme for traumatised victims and witnesses.
9. In November 2000, the Indonesian
Attorney General, Marzuki Darusman, stated that 22 suspects implicated
in crimes against humanity in East Timor would be tried in January.
That
has not happened. The suspects included Eurico Guterres and
Major-General
Adam Damiri, but significantly did not include other high-ranking
officers,
such as Major-General Zacky Anwar and General Wiranto, who were
identified
by Indonesia's KPP-HAM report as being responsible for the violence.
10. In April 2001, President Wahid
issued a Presidential decree establishing a human rights court for East
Timor, but limited its jurisdiction to crimes committed after the
August
1999 vote. This means that many crimes committed before the vote
including
two of the worst atrocities - at Liquica Church on 6 April 1999 when
more
than 50 were killed and at the house of independence leader Manuel
Carrascalao
in Dili on 17 April 1999 when at least 12 were killed - will go
unpunished
in Indonesia. Much of the evidence of the systematic nature of the
violence
will remain suppressed. Moreover, the Indonesian army’s organisation of
militia forces in preparation for the 'popular consultation', which
began
in the early part of 1999, will not fall within the court’s remit.
11. The Presidential decree was
issued within days of Indonesia agreeing to a statement at the UN
Commission
on Human Rights which committed it to ensure accountability for crimes
committed in East Timor during the whole of 1999.
12. Indonesia's inability and unwillingness
to administer credible justice in relation to gross violations of human
rights was demonstrated by the outcome in May 2001 of proceedings
against
those accused of involvement in the killing of three employees of the
UN
High Commissioner for Refugees in Atambua, West Timor in September
2000.
The six accused were not charged with murder or manslaughter, but with
lesser offences. As a result, their sentences ranged from only 10 to 20
months imprisonment.
13. Despite the signing of a memorandum
of understanding on legal co-operation by the Indonesian Government and
UNTAET in April 2000, the Indonesian authorities have refused to
co-operate.
On several occasions, UNTAET investigators have been refused access to
witnesses they have travelled to Jakarta to interview. Indonesia's
unwillingness
to take action against military suspects is evident from its failure to
suspend them from duty. Some of the suspects have instead been
promoted,
including Adam Damiri, who is now responsible for controversial troop
deployments
to Aceh. Militia suspects, notably Eurico Guterres, are regarded by
many
in Indonesia as national heroes. Guterres was convicted of a weapons
offence
in April 2001, but received a sentence of just six months imprisonment,
which he is serving under house arrest.
14. The judicial system in East
Timor has also failed to deliver justice to date. Investigations by the
Serious Crimes Investigation Unit (SCIU) of UNTAET have been
unacceptably
slow. The SCIU initially concentrated on a select few cases and major
atrocities,
such as that committed at the Suai church compound on 6 September 1999
when dozens were murdered, have not been properly investigated. There
are
persistent reports that the SCIU's work is severely hampered by
problems
relating to a lack of resources, management conflicts, poor
communications,
the lack of clear policy guidelines, and a reluctance to expose the
systematic
nature of the 1999 violence. There are also allegations of political
interference
in the judicial process.
15. The absence of credible justice
in East and West Timor is seriously undermining attempts to repatriate
those among the 100,000 or so refugees remaining in West Timor who wish
to return home. The failure to prosecute those responsible for serious
crimes helps to fuel an environment in which intimidation is
widespread,
humanitarian assistance is severely hampered and refugees are unable to
make free and informed decisions about where they wish to live."
Statement endorsed by 45 Groups and Organisations
in Solidarity with East Timor from around the world
Major Report
31
Jan 2000 KPP
HAM's Secret Report on Crimes Against Humanity in East Timor
"KPP HAM has been successful in collecting
facts and proofs that provide strong indications that serious
violations
of human rights have been carried out in a planned and systematic
manner
and on a large and wide scale in the form of mass murder, torture and
maltreatment,
forced disappearance, violence towards women and children (including
rape
and sexual slavery), forced evacuations, scorched earth policies and
destruction
of property, all of which constitute crimes towards humanity. ...
KPP HAM also found strong evidence concerning
getting rid of and destroying evidence, which is a criminal act. ...
The types of acts and the pattern of crimes
against humanity were as follows: The involvement of the civilian and
military
apparatuses including the police cooperated with the pro-integration
militia
groups in crimes against humanity. This represented abuse of power and
authority and resulted in the involvement of military institutions as
well
as civil agencies." Indonesian Commission of Investigation into Human
Rights
Violations (KPP HAM)
Apr
28 SMH: Timor Crimes Editorial added May 3
"The Indonesian special commission [KPP
HAM] on militia violence in East Timor has amply confirmed suspicions
of
Indonesian military involvement in and responsibility for crimes
against
humanity in East Timor. The commission has made a sincere effort to
find
out what happened before and after the August 1999 vote on
independence.
It has cast new light on many crimes committed by the militia, the
military
and the police. It has uncovered new sources of information. It has
exhumed
the bodies of victims of massacres, putting beyond doubt that crimes
were
committed and that the evidence exists. And it has shown the links
between
some of the most terrible crimes and the Indonesian military, extending
beyond Timor itself, beyond the regional command in Bali, to the the
high
command itself in Jakarta. The commission’s
secret
41-page report, prepared for the Indonesian Attorney-General, Mr
Marzuki
Darusman, is frank and credible, and not exculpatory in tone." Sydney
Morning
Herald editorial
Major Report
Apr
25 ETAN publishes text of suppressed UN report on East Timor destruction
Release & Link to full text of report added Apr 30
"The report is now available on the internet
at http://www.etan.org/news/2001a/dunn1.htm
The document, "Crimes Against Humanity
in East Timor, January to October 1999: Their Nature and Causes," was
written by former Australian diplomat James Dunn, an independent
consultant
to the Chief Prosecutor for the UN Transitional Administration in East
Timor's (UNTAET). ETAN obtained the report from a source associated
with
the United Nations.
UNTAET officials do not plan to release
the report, which was submitted to them in mid-February. It names some
of the key Indonesian commanders most directly involved in planning and
implementing the violence surrounding East Timor's UN-organized
independence
referendum in 1999. A UN spokesperson has said that the UN is not
releasing
the report out of concern that it will hinder negotiations with
Indonesia.
"We believe it is crucial that those responsible
for East Timor's destruction be held accountable," said John M. Miller,
spokesperson for ETAN. "Prosecution of the Indonesian military officers
responsible is necessary both for East Timor's future security and
Indonesia's
transition to democracy. Open discussion of the report's findings best
serves all involved -- the UN, the Indonesian government and people,
and
the people of East Timor." " The East
Timor
Action Network/U.S.
Major Report
Apr
20 SMH: James Dunn 'Crimes Against Humanity in East Timor, Jan-Oct 99'
Executive summary and recommendations
"The wave of so-called militia violence
which swept over East Timor in 1999, culminating in massive
deportations
and destruction in September, was not the spontaneous response of those
who favoured integration, but the outcome of a decision by TNI generals
to counter the surge of popular support in East Timor for independence,
by means of intimidation and violence, and to prevent the loss of the
province
to the Republic of Indonesia. The campaign of massive destruction,
deportation
and killings in September was essentially an operation planned and
carried
out by the TNI, with militia participation, to punish the people of
East
Timor for their vote against integration. ...
Several of the senior TNI officers mentioned
in this report not only sponsored the setting up of the militia,
provided
training, arms, money and in some cases drugs, they also encouraged its
campaign of violence, and organised the wave of destruction and
deportation
which occurred between 5 and 20 September. I share with the authors of
Indonesia’s KPP HAM report the view that it is inconceivable that
General
Wiranto, then head of Indonesia’s armed forces, was not aware of the
massive
operation mounted by subordinate generals. The magnitude of the
operation
and the resources needed to conduct it, would have required at least
his
condonement, for it to have been carried out. ...
The wave of violence led to very serious
crimes against humanity. They include: killings, including mass murder,
torture, abduction, sexual assault and assault against children, as
well
as mass deportation, and forced dislocation. The crimes against
humanity
also include the massive destruction of shelter, and of services
essential
to the upholding of the basic rights of the East Timorese to healthcare
and education. In addition there was a massive theft of the property of
the people of East Timor. ... As the result of these crimes East
Timor was left without an infrastructure, with its towns and villages
in
ruins. Its development was in effect set back more than a generation.
...
With the continued forced detention of
those East Timorese in refugee camps in West Timor who wish to return
to
their homeland, one of the most serious crimes against humanity being
considered
in this report, is in fact still being perpetrated. ...
While this report focuses on events in
1999, in the course of my enquiries persistent allegations of very
serious
crimes against humanity, involving mass murder, since East Timor was
invaded
in 1975 have been brought to my attention. I join with the KPP HAM
report
(recommendation 27) in calling for a thorough investigation of what
transpired
and of who was responsible. The most serious crimes, such as the Creras
and Santa Cruz massacres, are crimes of such magnitude that they must
be
considered of concern to the international community as a whole."
James Dunn, independent consultant crimes
investigator to the Chief Prosecutor for United Nations Transitional
Administration
in East Timor (UNTAET), 14 February 2001
Apr
9-11 APPEA: Galbraith: Timor Sea Petroleum keynote
conference
address added May 5
"To understand the views of the Timorese,
it is important to understand the recent history of the country. At the
end of the 15th Century the Portuguese arrived in East Timor and for
the
next 500 years, the country was a neglected colonial backwater. On
April
25, 1974 a peaceful revolution ended 50 years of fascist dictatorship
in
Portugal. The new government embarked on a policy of rapid
de-colonialisation,
welcomed by the African colonies but leaving the East Timorese
unprepared
and, as it turned out, undefended.
In spite of the abruptness of the Portuguese
exit, a young and quite extraordinary generation of Timorese emerged
and
began to lay the foundations of a new state.
East Timor declared itself independent
on November 28, 1975. On December 7, the anniversary of a day that
Franklin
D Roosevelt said would live in infamy, the Indonesians invaded Dili. On
that first day they rounded up 150 Timorese, and the Australian
journalist
Roger East, marched them one by one to the edge of the Dili wharf and
shot
them. One of the victims was the Isabel Lobato, the 24-year-old wife of
the Fretilin leader Nicolau Lobato. She was
taken to the wharf with her infant son in her arms; and only at the
last
moment was the baby spared.
Houses along the waterfront became torture
centres and execution sites. Two months ago, the IMF representative in
Dili dug a hole in his back yard for a septic tank. Six bodies were
found
from those terrible days. In all up to 200,000 Timorese were murdered
or
otherwise died during the 24 years of Indonesian occupation.
Indonesian’s occupation of East Timor
was condemned by the United Nations Security Council and by the United
Nations General Assembly, which affirmed East Timor’s right to
self-determination.
Only one country, Australia, ever recognised the incorporation of East
Timor into Indonesia.
That recognition was, of course, an essential
precondition for the negotiation of the Timor
Gap
Treaty."
Ambassador Peter Galbraith, Cabinet Member
for Political Affairs and Timor Sea, East Timor Transitional Government
Feb
22 FCatholic: Bishop Belo to President Bush Letter
&
Background
"Mr. President, you, more than most, are
in a position to be a force for good in the world. Here I would make a
few suggestions about the way in which the power and prestige of the
United
States may be directed that would be of great help to my people in East
Timor. ...
You are no doubt aware of the untold suffering
East Timor has experienced since 1975, and it has taken all the
spiritual
strength that my God-fearing people have been able to summon. In the
first
five years after Indonesian troops invaded, about one third of our
original
population of less than 700,000 -- perhaps more than 200,000 people --
perished from the combined effects of Indonesia's occupation. A
heartbreaking
situation continued over the years. In 1991, hundreds of East Timorese,
primarily young people, were
massacred after Indonesians troops opened
fire in the Santa Cruz cemetery in our capital city. We were hit by
still
more tragedy in 1999. First, elements of the Indonesian army and its
local
militia cohorts killed many East Timorese supporters of independence in
the months leading up to a United Nations-sponsored election held on
Aug.
30, 1999. Then, when nearly 80 percent of the registered voters of East
Timor opted for independence after nearly a quarter-century of
Indonesian
occupation, army and militias unleashed an orgy of violence. Before and
after the ballot, thousands were killed, including priests, nuns and
seminarians,
and many homes and
buildings were razed. ...
the presence of the international peace-keeping
force under U.N. auspices will be badly needed in East Timor for the
foreseeable
future to guard against border attacks by militias and Indonesian
forces,
and to ensure that these forces do not unleash further violence or
undertake
other actions to prevent East Timor from recovering. My people have
been
traumatized by the conflict of the past 25 years, and urgently need to
live in peace."
Bishop Carlos Filipe Ximenes Belo of Dili,
East Timor, to President George W. Bush.
"Bishop Belo was awarded the 1996 Nobel
Peace Prize, the only Catholic bishop ever to receive the honor."
Editor,
Florida Catholic
Feb
12 Xanana: Symposium on “Reconciliation, Tolerance, Human Rights and
Elections”
Speech added Feb 15
"The Timorese People, by nature, are peaceful
and tolerant. A magnificent example of this trait could be seeing in
the
way the Timorese acted and reacted, in the way they co-existed with the
invaders for 25 years and above all in the last year, which was a
decisive
period of the struggle leading to the referendum." President Xanana
Feb
7 NRP: Chomsky/Soares: Breaking Free: East Timor's Quest for
Independence
Radio program added June 26
"For East Timorese people, independence
came with great costs. Refugees are still
languishing
in camps in West Timor, and though they won the right to autonomy after
the elections in October 1999, many people are asking why international
agencies such as the United Nations continue to hold decision-making
power
instead
of the East Timorese themselves. On this program, we take a look at
intervention in East Timor." National Radio Project
Nov
18 2000 Lancet: Torture & trauma in post-conflict East Timor Added
June 24
"The International Rehabilitation Council
for Torture Victims (IRCT), an independent international health
professional
organisation, carried out a national psychosocial needs assessment in
East
Timor in June and July this year. We aimed to assess the extent of
`torture
and trauma and the health impact it had on the population. ... 998
(97%)
respondents said they had experienced at least one traumatic event." International
Rehabilitation Council for Torture Victims (IRCT)
Aug
30 2000 IHT: A Year Later, East Timor's People Are Still Waiting for
Justice
Article added June 30
"For a few hours last Aug. 30, I felt
the thrill of freedom. With tens of thousands of fellow East Timorese
who
braved threats from the Indonesian military and its militia proxies, I
cast my ballot for independence in the United Nations-run referendum.
Nearly
eight out of 10 did likewise, repudiating Indonesia's illegal
annexation
of East Timor, a former Portuguese colony, in 1976. But all too soon
the
feeling of exhilaration had turned to horror as those who wanted East
Timor
to remain part of Indonesia unleashed a campaign of killing and
destruction.
On Sept. 5, Indonesian soldiers and militia surrounded the human rights
office where my colleagues and I were working. They fired their weapons
into the building, forcing us to cower on the floor." Aderito
de Jesus Soares, founder, East Timor Jurists Association
Sept
27 1999 Noam Chomsky: East Timor Retrospective - An overview and lessons
Analysis
"Terror and destruction began
early in the year [1999]. The TNI forces responsible have been
described
as "rogue elements" in the West, a questionable judgment. There is good
reason to accept Bishop Belo's assignment of direct responsibility to
commanding
General Wiranto in Jakarta.
It appears that the militias
have been managed by elite units of Kopassus, the "crack special forces
unit" that had "been training regularly with US and Australian forces
until
their behaviour became too much of an embarrassment for their foreign
friends,"
veteran Asia correspondent David Jenkins reports. These forces are
"legendary
for their cruelty," Benedict Anderson observes: in East Timor they
"became
the pioneer and exemplar for every kind of atrocity," including
systematic
rapes, tortures and executions, and organization of hooded gangsters.
They
adopted the tactics of the U.S. Phoenix program in South Vietnam that
killed
tens of thousands of peasants and much of the indigenous South
Vietnamese
leadership, Jenkins writes, as well as "the tactics employed by the
Contras"
in Nicaragua, following lessons taught by their CIA mentors.
The state terrorists were
"not simply going after the most radical pro-independence people but
going
after the moderates, the people who have influence in their community."
"It's Phoenix," a well-placed source in Jakarta reported: the aim is
"to
terrorise everyone" -- the NGOs, the Red Cross, the UN, the
journalists."
Noam
Chomsky
1999
Gunn: Timor Loro Sae: 500 Years - Wartime Timor: 1942-45
Book extract added July 10
"Many Timorese including liurai paid with
their lives [at the hands of Japanese military 1942-45] either for
standing
neutral or for alleged support of Australian guerrillas. ... The number
of Timorese who died during the war is impossible to calculate with
precision
but is of the order of 40-70,000 out of a total prewar population of
around
450,000. The disruption to native agriculture and the breakdown of
prewar
society stemming from the harsh system of food collection and corvees
imposed
by the Japanese inevitably led to famine and other hardships, including
debilitating disease. ... The issues of Japanese wartime compensation
including
the claims of so-called "comfort women" or
sexual
slavery in Timor first became public in 1997 but only in the Macau
media where it was taken up by Jose Ramos-Horta speaking on behalf of
the
Timorese people." Geoffrey C. Gunn, author, Timor Loro Sae: 500 Years