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Subject: ETHRC UA 6/98PR2: East Timor killings
Date: Fri, 10 Jul 1998 18:11:01 -1000
From: ethrc <ethrc@minihub.org>

EAST TIMOR HUMAN RIGHTS CENTRE 124 Napier St Fitzroy 3065 Australia

PO BOX 1413 Collingwood 3066 Australia Tel: +61 3 9415 8225

Fax: +61 3 9415 8218 E-mail: ethrc@minihub.org Director: Ms Maria Brett Chair: Bishop Hilton Deakin

________________________________________________________________________

URGENT ACTION Progress Report 10 July 1998

NAMES: Maria da Costa (previously reported as Maria Freitas) Guirbonio Freitas (aged 8) Domingos Freitas (aged 6)

VIOLATIONS: Extra-judicial executions / Torture

LOCATION: Samala hamlet, Wailili village, Baucau district, East Timor

Ref: UA 6/98PR2 Previous reports: UA 6/98,UA6/68PR

______________________________________________________________________________

The East Timor Human Rights Centre (ETHRC) has received further information involving the extra-judicial execution of Maria da Costa (previously reported as Maria Freitas) on 14 April 1998. (See UA 6/98PR)

ETHRC sources have confirmed that Maria da Costa was pregnant at the time she was shot, and as a result of gunshot wounds, Maria and her unborn baby died. It has also been confirmed that two of Maria da Costa's children, Guirbonio and Domingos Freitas were also shot and killed during the attack on their home. The incident occured when members of Kopassus (Special Forces Command) and the Rajawali and BTT(Territorial) battalions fired shots indiscriminately, after surrounding their home in Samala hamlet, Baucau. It is believed the reason for the attack was that Maria's husband, Salustiano Freitas was a suspected member of the East Timorese clandestine resistance. (See UA6/98)

Salustiano Freitas was taken into custody after the attack and detained at Kopassus headquarters (known as Rumah Merah) in Baucau, where it is believed he was subjected to torture. Salustiano Freitas has since been released, however he remains under house arrest. The other six men detained by Indonesian authorities (as previously reported in UA 6/98 dated 20 May 1998) are still in detention charged under Article 1 of the Emergency Law Regulation No.12/1951 and are awaiting trial. Please continue the action requested in UA 6/98 in relation to this case.

To date no formal investigations have been conducted into the killings of Maria da Costa and her children, therefore the ETHRC makes the following recommendations:

1. The Indonesian National Commission on Human Rights (Komnas HAM) should immediately conduct a full and impartial investigation into the extra-judicial executions of Maria da Costa, Guirbonio Freitas and Domingos Freitas. 2. The soldiers responsible for the extra-judicial executions should be bound by the Criminal Procedure Code of Indonesia (KUHAP) and therefore should be charged under the Indonesian Criminal Code (KUHP). The soldiers should face criminal trials for their actions and if found guilty, the court should hand down sentences that reflect the seriousness of the crimes.

RECOMMENDED ACTION: Please send faxes/telegrams/express/airmail letters in English, Bahasa Indonesia or your own language:

* calling for the Indonesian National Commission on Human Rights (Komnas HAM) to conduct a full and impartial investigation into the extra-judicial executions of Maria da Costa, Guirbonio Freitas and Domingos Freitas; and * calling on the Indonesian government to ensure that the soldiers responsible for the killings are bound by the Criminal Procedure Code of Indonesia (KUHAP) and therefore charged under the Indonesian Criminal Code (KUHP). The soldiers should face criminal trials for their actions and if found guilty, the court should hand down sentences that reflect the seriousness of the crimes.

SEND APPEALS TO:

1. PRESIDENT YUSUF HABIBIE President of the Republic of Indonesia Istana Negara Gedung Binagraha Jl. Veteran Jakarta Pusat INDONESIA Faxes: +62 21 345 7782 Telegrams: President Habibie, Jakarta, Indonesia E-mail: habibie@ristek.go.id

2. MINISTER OF JUSTICE Minister Prof. Dr. Muladi, SH Menteri Kehakiman Jl H.R. Rasuna Said Blok X VI Kav. 4-5 Kuningan Jakarta Selatan INDONESIA Faxes: +62 21 525 3095 Telegrams: Justice Minister Muladi, Jakarta, Indonesia

ALSO SEND COPIES TO:

3. SECRETARY GENERAL, NATIONAL COMMISSION ON HUMAN RIGHTS Prof. Dr. Baharuddin Lopa Sekretaris Jenderal, Komisi Nasional Hak Azasi Manusia (Komnas HAM) Jl Latuharhary No 4 B, Menteng Jakarta Pusat INDONESIA Phone/Fax: +62 21 392 5227 Email: info@komnas.go.id

4. MINISTER FOR FOREIGN AFFAIRS Ali Alatas S.H Menteri Luar Negeri Jl. Medan Taman Pejambon No. 6 Jakarta INDONESIA Faxes: +62 21 360 541 / 360 517 / 380 5511 / 345 7782 / 724 5354

Please also send appeals to:

· Diplomatic representatives of Indonesia in your country · Parliamentarians and the Foreign Ministry in your country

PLEASE SEND APPEALS IMMEDIATELY Check with the East Timor Human Rights Centre if sending appeals after 21 August 1998

EAST TIMOR HUMAN RIGHTS CENTRE 124 Napier St Fitzroy 3065 Australia PO BOX 1413 Collingwood 3066 Australia Tel: +61 3 9415 8225 Fax: +61 3 9415 8218 E-mail: ethrc@minihub.org Director: Ms Maria Brett Chair: Bishop Hilton Deakin ________________________________________________________________________

URGENT ACTION Progress Report 10 July 1998

NAMES: Maria da Costa (previously reported as Maria Freitas) Guirbonio Freitas (aged 8) Domingos Freitas (aged 6)

VIOLATIONS: Extra-judicial executions / Torture

LOCATION: Samala hamlet, Wailili village, Baucau district, East Timor

Ref: UA 6/98PR2 Previous reports: UA 6/98,UA6/68PR

______________________________________________________________________________

The East Timor Human Rights Centre (ETHRC) has received further information involving the extra-judicial execution of Maria da Costa (previously reported as Maria Freitas) on 14 April 1998. (See UA 6/98PR)

ETHRC sources have confirmed that Maria da Costa was pregnant at the time she was shot, and as a result of gunshot wounds, Maria and her unborn baby died. It has also been confirmed that two of Maria da Costa's children, Guirbonio and Domingos Freitas were also shot and killed during the attack on their home. The incident occured when members of Kopassus (Special Forces Command) and the Rajawali and BTT(Territorial) battalions fired shots indiscriminately, after surrounding their home in Samala hamlet, Baucau. It is believed the reason for the attack was that Maria's husband, Salustiano Freitas was a suspected member of the East Timorese clandestine resistance. (See UA6/98)

Salustiano Freitas was taken into custody after the attack and detained at Kopassus headquarters (known as Rumah Merah) in Baucau, where it is believed he was subjected to torture. Salustiano Freitas has since been released, however he remains under house arrest. The other six men detained by Indonesian authorities (as previously reported in UA 6/98 dated 20 May 1998) are still in detention charged under Article 1 of the Emergency Law Regulation No.12/1951 and are awaiting trial. Please continue the action requested in UA 6/98 in relation to this case.

To date no formal investigations have been conducted into the killings of Maria da Costa and her children, therefore the ETHRC makes the following recommendations:

1. The Indonesian National Commission on Human Rights (Komnas HAM) should immediately conduct a full and impartial investigation into the extra-judicial executions of Maria da Costa, Guirbonio Freitas and Domingos Freitas. 2. The soldiers responsible for the extra-judicial executions should be bound by the Criminal Procedure Code of Indonesia (KUHAP) and therefore should be charged under the Indonesian Criminal Code (KUHP). The soldiers should face criminal trials for their actions and if found guilty, the court should hand down sentences that reflect the seriousness of the crimes.

RECOMMENDED ACTION: Please send faxes/telegrams/express/airmail letters in English, Bahasa Indonesia or your own language:

* calling for the Indonesian National Commission on Human Rights (Komnas HAM) to conduct a full and impartial investigation into the extra-judicial executions of Maria da Costa, Guirbonio Freitas and Domingos Freitas; and * calling on the Indonesian government to ensure that the soldiers responsible for the killings are bound by the Criminal Procedure Code of Indonesia (KUHAP) and therefore charged under the Indonesian Criminal Code (KUHP). The soldiers should face criminal trials for their actions and if found guilty, the court should hand down sentences that reflect the seriousness of the crimes.

SEND APPEALS TO:

1. PRESIDENT YUSUF HABIBIE President of the Republic of Indonesia Istana Negara Gedung Binagraha Jl. Veteran Jakarta Pusat INDONESIA Faxes: +62 21 345 7782 Telegrams: President Habibie, Jakarta, Indonesia E-mail: habibie@ristek.go.id

2. MINISTER OF JUSTICE Minister Prof. Dr. Muladi, SH Menteri Kehakiman Jl H.R. Rasuna Said Blok X VI Kav. 4-5 Kuningan Jakarta Selatan INDONESIA Faxes: +62 21 525 3095 Telegrams: Justice Minister Muladi, Jakarta, Indonesia

ALSO SEND COPIES TO:

3. SECRETARY GENERAL, NATIONAL COMMISSION ON HUMAN RIGHTS Prof. Dr. Baharuddin Lopa Sekretaris Jenderal, Komisi Nasional Hak Azasi Manusia (Komnas HAM) Jl Latuharhary No 4 B, Menteng Jakarta Pusat INDONESIA Phone/Fax: +62 21 392 5227 Email: info@komnas.go.id

4. MINISTER FOR FOREIGN AFFAIRS Ali Alatas S.H Menteri Luar Negeri Jl. Medan Taman Pejambon No. 6 Jakarta INDONESIA Faxes: +62 21 360 541 / 360 517 / 380 5511 / 345 7782 / 724 5354

Please also send appeals to:

· Diplomatic representatives of Indonesia in your country · Parliamentarians and the Foreign Ministry in your country

PLEASE SEND APPEALS IMMEDIATELY Check with the East Timor Human Rights Centre if sending appeals after 21 August 1998

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