PROMOTING HUMAN RIGHTS, PEACE AND DEMOCRACY IN INDONESIA

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Timor crimes acquitals necessitate urgent UN response

6 August 2004

The decision by Indonesia's appeal court to quash the convictions of four Indonesian military and police officials found guilty of crimes against humanity in East Timor leaves the UN Secretary General with no alternative but to consider other options for justice, says TAPOL the Indonesia Human Rights Campaign.

"The outcome of these appeals is a travesty and is further evidence of Indonesia's abject failure to provide justice for the victims of atrocities committed in East Timor. The UN must now evaluate the steps taken and consider alternatives including the establishment of an international tribunal for East Timor," says TAPOL spokesperson Paul Barber.

The appeal court's decision, announced today, means that the only convictions still standing are those of two ethnic Timorese - militia leader, Eurico Guterres and former East Timor Governor, Abilio Soares. The court also halved Guterres' 10-year sentence thereby reducing it below the legal minimum.

The appeal court overturned the convictions handed down by Jakarta's ad hoc human rights court of former regional military commander Major General Adam Damiri, former Dili police chief Hulman Gultom and former military chiefs Brig. Gen. Nuer Muis and Lt. Col. Soedjarwo. Twelve other suspects had already been found not guilty by the human rights court.

At least 1,400 people were killed in the violence before, during and after East Timor's vote for independence in August 1999. There is overwhelming evidence that the violence was orchestrated by the Indonesian military, TNI.

Although an International Commission of Inquiry on East Timor recommended in January 2000 that an international tribunal for East Timor should be set up, the UN controversially opted instead to give Indonesia the chance to bring the alleged perpetrators to justice under its own legal system. That process has quite clearly failed, says TAPOL. Indonesia has shown that it is unwilling and unable to establish the truth of what happened in East Timor - especially as regards the role of its security forces - and to hold the perpetrators to account for their crimes.

The UN Secretary General is coming under increasing pressure to establish a commission of experts to evaluate existing justice processes in Indonesia and East Timor, and to recommend future action, including the establishment of an international tribunal. Support for such an initiative has recently been expressed in letters to the Secretary General from 106 representatives of East Timorese civil society, 78 members of the US Congress and leading international human rights organisations including Amnesty International and Human Rights Watch.

ENDS

For more information, please contact Paul Barber on +44 1420 80153.

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