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BACK
DOOR Newsletter on East Timor
Background
info on War Crimes & Crimes Against Humanity
(Crimes targeting East Timorese people)
Updated 6 June
2006
See also: War Crimes and
Crimes Against Humanity
Contents:
Historical Overviews
Japanese invasion
and occupation of East Timor: World War II 1942-45
Indonesian invasion and
occupation of East Timor: 1975-1999
* Invasion
Day: 7 Dec 1975
* Full scale
attacks: 1975-79
*
Santa Cruz Massacre: 12 Nov 1991
*
Before & after the Independence Ballot: Jan
- Oct 1999
-- Report of (Indonesian)
Investigative Commission: KPP-HAM
-- Report of UNTAET Expert: James Dunn
* Torture
& Trauma 1975-99
Archive: all articles prior to 22 Aug 2004
Historical Overviews
The book:
East Timor: A rough passage to independence
James Dunn
Publisher: Longueville Books, PO Box 102, Double Bay, New South Wales
1360, Australia
| info@longuevillebooks.com.au | (Double Bay, 2003)
(ISBN 1 920681 03 5, 3rd ed. includes
index, 399pp)
[Time period covered: 1511 until
December 2002]
27 Sept 1999 ZNet: Noam
Chomsky: East Timor Retrospective - An overview and lessons
"It is
not easy to write
with
feigned calm and dispassion about the events that have been unfolding
in
East Timor. Horror and shame are compounded by the fact that the crimes
are so familiar and could so easily have been terminated. That has been
true ever since Indonesia invaded in December 1975, relying on U.S.
diplomatic
support and arms -- used illegally, but with secret authorization, even
new arms shipments sent under the cover of an official "embargo." There
has been no need to threaten bombing or even sanctions. It would have
sufficed
for the U.S. and its allies to withdraw their active participation, and
to inform their close associates in the Indonesian military command
that
the atrocities must be terminated and the territory granted the right
of
self-determination that has been upheld by the United Nations and the
International
Court of Justice. We cannot undo the past, but should at least be
willing
to recognize what we have done, and to face the moral responsibility of
saving the remnants and providing ample reparations, a pathetic gesture
of compensation for terrible crimes."
Noam
Chomsky
12 Feb 2001 Xanana:
Symposium on “Reconciliation, Tolerance, Human Rights and
Elections”
"The history of the Timorese
People for independence against the Portuguese control had many
struggles
reaching its highest point with the great rebellion of Manufahi, in
1912. ... The Japanese invasion, from 1942 to 1945,
was another test to the courage of the Timorese people which
concurrently
managed to live with the invaders while maintaining a determination to
fight its presence. ... 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
[Indonesian] 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
Gusmao
22
Feb
2001 Florida Catholic: Bishop Belo to President Bush
"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. ...
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
15
Dec 2001 IPRD: Indonesia, East Timor & The Western Powers: A Case
Study
Research paper
"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
22
Dec 2001 Linton: Cambodia, East Timor & Sierra Leone: Experiments
in
International
Justice
"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
23
Oct 2001 WPI:
Indonesia at the Crossroads: U.S. Weapons Sales and Military
Training
"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
Japanese invasion
and occupation of East Timor: World War II 1942-45
1999
Gunn: Timor Loro Sae: 500 Years - Wartime Timor: 1942-45
"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
3
Sep 2001 East Timorese NGOs write to Japanese PM re SDF
"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.
8
Dec 2001 ETNGOs: Commemoration Day of the Commencement of the Pacific
War
"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)
3
Nov 2001 Age: Timor's Haunted Women
"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
Indonesian invasion and
occupation of East Timor: 1975-1999
* Invasion
Day: 7 Dec 1975
Solidamor: History
of East Timor - Indonesia Invades
http://www.solidamor.org/english/content/history/invades.htm
6 Dec 2001 NSAEB: Ford, Kissinger and the
Indonesian Invasion, 1975-76
"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
13
Jun 2001
JUSTICE FOR EAST TIMOR
"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…"
Statement endorsed by 45 Groups and
Organisations
in Solidarity with East Timor from around the world
21 Aug
2001 AUSGOV: Senate debate on war crimes tribunal
Transcript
"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)
25 Sep
2001 ASIET: US War Drive and Racism: Stop the War Against the Third
World
"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. The Australian government followed suit, providing war
equipment
and training for the slaughter. Both Liberal-National and ALP
governments
supported Suharto’s mass slaughter in East Timor. The British
government
and companies also supplied much of the weapons and planes." Action
in Solidarity with Indonesia and East Timor (ASIET)
* Full Scale Attacks: 1975-79
15
Feb 2002 SMH: Blue Book of horrors makes a diplomatic time bomb
"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
* Santa Cruz Massacre: 12
Nov 1991
12
Nov 2001 TETA: The eve of 10th anniversary of Santa Cruz massacre
"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
12
Nov 2001 SMH: Ten Years Later, Santa Cruz Massacre Still Leaves a Scar
"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
* Before & after the Independence Ballot: January
- October 1999
17 Jul 2001 ABC:
TNI used media strategy to disguise militia links
Interview transcript
" ... 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"
17 Jul 2001 ABC:
Australian
report links Indonesian military with Timor militia
"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
28
Aug
2001 SMH: To forge a future, Timor needs justice for the past
"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
28
Aug
2001 AGE: The path to freedom by Bishop Belo
"Up to 3000 people died in 1999, untold
numbers of women were raped and 500,000
people
displaced. About 100,000 are yet to return. Those events live on in
the minds of Timorese despite the 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." Carlos Belo, the Catholic Bishop of
Dili,
co-recipient
of the 1996 Nobel Peace Prize
6 Sep
2001 CONG: Anniversary of Suai massacre & Atambua murders
"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
2001 GPJ: An East Timor Village Before the Conflagration
"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
-- Report of (Indonesian) Investigative Commission
into
Human
Rights Violations in East
Timor: KPP-HAM
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)
28
Apr 2001 SMH Editorial:
Timor Crimes
"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
-- Report of UNTAET Expert
on Crimes Against Humanity in East Timor: James Dunn
14 Feb 2001 James Dunn:
Crimes Against Humanity in East Timor, Jan-Oct 1999
http://www.etan.org/news/2001a/dunn1.htm
"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, UNTAET
Expert on
Crimes Against Humanity in East Timor
25
Apr
2001 ETAN publishes text of suppressed UN report on East Timor
destruction
"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.
* Torture & Trauma 1975-99
18 Nov
2000 Lancet: Torture & trauma in post-conflict East Timor
"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. ... 97% of
respondents said they had experienced at least one traumatic event. The five most
common
events were: direct exposure to combat situation 76%, lack of shelter
64%, and ill health with no access to medical care 60%. 34% were classified as having PTSD
... Death of the father
or mother was a common
occurrence, reported by 31% and 24% respondents respectively,
and 14% had lost their spouse during the conflict period. ... Torture appears to
have been widespread. 39% respondents said that they had been tortured,
but a larger number, 57%, said they had experienced at least one of the
six forms of torture
included in our study instrument." International
Rehabilitation Council for Torture Victims (IRCT)
22 Nov 2000 KY: Danish survey highlights trauma,
torture in E. Timor
"Many people
in East Timor have been tortured during the island's recent violent
history and are now suffering post-traumatic stress disorder, according
to a survey conducted Copenhagen-based International
Rehabilitation Council for Torture Victims (IRCT). The study found
that 57% of 1,033 East Timorese residents questioned in June and July
this year said they had experienced some form of torture. ... The
organization said too often the psychological needs of post-conflict
countries are ignored at the expense of the physical rebuilding of a
nation." Kyodo News Service
April
2005 JSMP: Torture and Transitional Justice in Timor Leste
pdf: http://www.jsmp.minihub.org/Reports/jsmpreports/Report%202005/April%202005/JSMP_Torture%20and%20Transitional%20Justice%20(e).pdf
"Executive
Summary:
This report provides a snapshot
of how the serious violation of torture is addressed within
transitional justice mechanisms in Timor Leste; specifically, how
torture is defined, investigated and indicted by the Serious Crimes
Unit (SCU) and how the Special Panels for Serious Crimes (SPSC) respond
to the torture cases that come before them. It draws on documentation
released by the Serious Crimes Unit and the Special Panels for Serious
Crimes. It also presents data gathered through interviews with staff of
those organizations as well as with survivors of torture, victims’
families, CAVR staff and workers of non-governmental organizations in
Timor Leste.
The report finds that, although
torture was extensively used during the Indonesian occupation, the
serious crimes process in Timor Leste has failed to effectively
investigate and prosecute this crime against humanity. The SCU has
narrowed its mandate to such an extent that torture charges are
secondary to counts of murder and rape. Further, all 26 of those who
have faced torture charges in court have been Timorese. In processing
low-level militia members who do not bear the greatest responsibility
for serious crimes, the transitional justice system has failed to bring
Indonesian commanding officers to trial. ...
Finally, it notes that the current
judicial approach to torture goes against the human rights standards
that are established through various human rights instruments and
bodies. By law, torture survivors should receive acknowledgement,
justice and reparation for the harms inflicted upon them. The attempts
made by the serious crimes process in Dili has failed to effectively
pursue these ends. Torture survivors have, in response, called for an
international tribunal to meet their needs."
Elizabeth Stanley, Institute of
Criminology, Victoria University of Wellington, New Zealand
Bahasa
April 2005 JSMP: Penyiksaan dan
Keadilan Pada Masa Transisi di Timor Leste
pdf: http://www.jsmp.minihub.org/Reports/jsmpreports/Report%202005/April%202005/JSMP_Torture%20and%20Transitional%20Justice%20(b).pdf
"Ringkasan
Eksekutif:
Laporan ini memberikan
gambaran sekilas tentang bagaimana tindak pidana berat penyiksaan
ditangani oleh mekanisme-mekanisme peradilan pada masa transisi di
Timor Leste; secara khsusus, bagaimana penyiksaan didefinisikan,
diinvestigasi dan didakwa oleh Kantor Kejahatan Berat (SCU) dan
bagaimana Panel Khusus untuk Kejahatan Berat (SPSC) menangani kasus
penyiksaan yang dibawa ke hadapannya. Laporan ini mengacu pada
dokumentasi yang dikeluarkan oleh SCU dan SPSC. Laporan ini juga
menyampaikan data yang dikumpulkan melalui wawancara dengan staf dari
organisasi tersebut, serta korban penyiksaan, keluarga korban, staf
CAVR dan para pekerja dari NGO di Timor Leste.
Laporan ini berkesimpulan bahwa,
walaupun penyiksaan dilakukan secara luas selama periode penjajahan
Indonesia, proses kejahatan berat di Timor Leste gagal untuk
menginvestigasi dan menuntut secara efektif kejahatan terhadap
kemanusiaan ini. SCU begitu membatasi mandatnya sehingga tuntutan
penyiksaan tidak sepenting tuntutan pembunuhan dan perkosaan. Lagipula,
ke-26 orang yang dituntut atas kejahatan penyiksaan adalah warga negara
Timor Leste. Sistem peradilan pada masa transisi hanya menuntut anggota
milisi yang berpangkat rendah yang tidak mempunyai tanggungjawab besar
atas kejahatan berat, dan maka sistem peradilan tersebut gagal untuk
mengadili para komandan Indonesia. ...
Akhirnya, laporan ini mencatat bahwa
pendekatan yang digunakan oleh pengadilan-pengadilan pada saat ini
bertentangan dengan standar-standar hak asasi manusia yang ditetapkan
dalam berbagai instrumen dan badan hak asasi manusia. Menurut hukum,
para korban penyiksaan harus mendapatkan pengakuan, keadilan dan
kompensasi untuk rasa sakit yang mereka alami. Usaha yang dilakukan
oleh proses kejahatan"
Program Pemantauan Sistem Yudisial
(JSMP)
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