PROMOTING HUMAN RIGHTS, PEACE AND DEMOCRACY IN INDONESIA

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21 February 2002

Indonesia’s decision to rule out the transfer to East Timor of soldiers and militiamen indicted for crimes against humanity means that the case for an ad hoc international tribunal for East Timor is now overwhelming, says TAPOL the London-based Indonesia Human Rights Campaign.

Paul Barber of TAPOL says:

"These are gross violations of such gravity that jurisdiction over them is universal. Indonesia is obliged under international law to transfer the suspects to East Timor given that there is no prospect of meaningful trials in Indonesia. Its refusal to meet that obligation means that an international tribunal is the only credible option for justice to be done."

The obligation to transfer suspects is also specifically set out in a Memorandum of Understanding (MOU) on legal co-operation signed by the UN administration in East Timor (UNTAET) and the Indonesian Government in April 2000, despite claims this week by Indonesian Foreign Ministry officials that no such obligation exists. The absence of a formal extradition treaty is irrelevant in the circumstances and Indonesia’s refusal to honour the terms of the MOU is a further indication of its lack of commitment to justice.

A total of 17 Indonesia troops and militiamen currently in Indonesia, including notorious militia leader Eurico Guterres, were indicted by international prosecutors in Dili on Monday for crimes committed during an attack on the home of independence leader, Manuel Carrascalao, in Dili in April 1999 when at least 12 people were killed. Indonesia has also refused to transfer suspects charged under previous indictments issued in East Timor.

Today’s announcement by the office of Indonesia’s Attorney General that seven senior officials have been charged with crimes against humanity and genocide does not increase the prospect of justice being done, says TAPOL. The serious crimes process which has been initiated in Indonesia is deeply flawed. Questions have been raised by Indonesian NGOs about the experience, competence and independence of the judges and prosecutors; there are severe restrictions on the jurisdiction of the ad hoc human rights court established for the East Timor crimes (President Megawati’s decree setting up the court limited its work to crimes committed only in April and September 1999 in Dili, Liquica and Suai) ; no effective witness protection programme is in place; and no attempt has been made to address the problem of the Constitutional prohibition on retroactive prosecutions. Many of the relevant criminal laws and procedures do not come up to international standards.

The promotion this week of Major General Sjafrie Sjamsoeddin to military spokeperson is another disturbing sign that the Indonesian Government is not serious about bringing human rights perpetrators to justice. Sjafrie is well known in Indonesia and East Timor as a intelligence officer from the Kopassus special forces who had a direct hand in some of the worst violations around the time of the fall from power in 1998 of the former dictator, Suharto. He spent many tours of duty in East Timor, culminating in a semi-official re-appearance in mid-1999 when he supported the pro-Jakarta militias in their campaign of terror before and after the 30 August popular consultation.

Gross and massive violations of human rights were committed in East Timor over many years following Indonesia’s illegal invasion in 1975. Military-backed violence intensified after January 1999 when then President Habibie of Indonesia announced that the East Timorese people would be allowed to decide their future political status. After an overwhelming vote in favour of independence on 30 August 1999, a wave of violence and destruction was unleashed by militia groups trained and supported by the Indonesian military. Many hundreds were killed and around 250,000 East Timorese were forcibly deported to Indonesian West Timor. Many of the crimes committed amounted to crimes against humanity because of the systematic and planned nature of the violence.

A UN Commission of Inquiry found evidence of "a pattern of serious violations of fundamental human rights" in relation to the 1999 atrocities and recommended the establishment of an international tribunal when it reported in January 2000.

ENDS

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