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PUBLIC AI Index: ASA 21/23/99 6 April 1999

UA 65/99 Arbitrary Detention/Fear of torture or ill-treatment

EAST TIMOR Alipiu Maya Moniz, 38, civil servant

Amnesty International is concerned for the safety of Alipiu Maya Moniz, who was arrested by a ratih, civilian militia, on 5 April 1999 in south-western East Timor. He is at risk of torture and ill-treatment.

Alipiu Maya Moniz is a supporter of East Timorese independence, and is actively involved in passing on information about human rights violations in the area of Suai, where he lives, to East Timorese human rights monitors.

The ratih that arrested him are based at the Tilomar Sub-district Military Command (Koramil) headquarters, Suai Sub-district, Kovalima District. They are believed to be holding Alipiu Maya Moniz at a civilian militia post in Suai. Neither paramilitary or Indonesian Armed Forces (ABRI) units have the authority under Indonesian law to arrest or detain suspects.

Alipiu Maya Moniz was arrested during intensified violence in East Timor. On 4 April, supporters of independence clashed with members of the paramilitary unit, Besi Merah Putih (BMP) - literally `the iron red and white', referring to the colours of the Indonesian flag - in Dato, in the town of Liquiza, west of the capital, Dili, after the BMP attempted to arrest a local resident, Felisberto do Santos. When he resisted arrest, BMP members apparently began smashing up his house, and pro-independence youths retaliated by burning houses of those in favour of continued integration with Indonesia.

After the confrontation, the BMP sought sanctuary at the sub-district Koramil headquarters in Liquiza.

On the morning of 5 April, ABRI and BMP apparently began shooting at local residents in Dato after another clash between BMP and pro-independence groups. Human rights monitors claim that ABRI opened fire without warning.

The National Council of Timorese Resistance (CNRT) claims that 17 people were killed in Liquiza. The East Timorese human rights organization, Yayasan Hak, claims that at least two people (Francisco and Felix) were killed on 5 April and at least seven wounded. ABRI have confirmed that another two people have died. Telephone communication to Liquiza has been cut, making further confirmation of the number of people killed and wounded impossible for now.

BACKGROUND INFORMATION

The Indonesian government's January 1999 offer of independence for East Timor, if its people rejected a proposal for autonomy within Indonesia, gave new momentum to UN-sponsored talks between Indonesia and Portugal on the territory's future political status. Nonetheless, the human rights situation on the ground remains serious.

ABRI continue to carry out human rights violations, including arbitrary arrests, torture and ill-treatment and unlawful killings. In the last few months, human rights violations by members of armed paramilitary or civilian militia groups, including arbitrary detention, torture and unlawful killings, have increased dramatically. The groups are established, trained and armed by ABRI. They provide support to ABRI during counter-insurgency operations but also target civilians in favour of independence for East Timor.

Amnesty International considers that the paramilitary units are not sufficiently accountable and that measures to control their actions, taken either by the paramilitary units themselves or by the ABRI, are inadequate. The presence of undisciplined paramilitary units operating without a clear chain of command means human rights violations are likely to continue.

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

- urging the authorities to clarify the precise charges against Alipiu Maya Moniz and release him if he is not to be immediately charged with a recognisably criminal offence;

- urging that if he is to be charged that he be held in a recognised, legal place of detention;

- urging the authorities to ensure that he has immediate access to independent legal counsel, doctors and members of his family;

- urging the authorities to ensure that he is not at risk of torture or ill-treatment;

- urging the authorities to instigate an immediate, full and impartial investigation into recent events in Liquiza, and to allow independent human rights monitors immediate access to the town to conduct an investigation without hindrance or intimidation by the authorities;

- urging the authorities to immediately disarm and disband all civilian militia and paramilitary groups in East Timor unless they are to be immediately regularised.

APPEALS TO: (Time difference = GMT + 7 hrs / BST + 6 hrs)

COMMANDER RESORT MILITARY COMMAND (KOREM) 164/WIRADHARMA (covers East Timor):

Colonel Tono Suratman [Salutation: Dear Colonel Suratman] Markas KOREM 164/Wiradharma Dili East Timor Indonesia Fax: +62 390 321 624 (If voice, please request fax tone)

PLEASE SEND COPIES OF YOUR APPEALS TO: Embassy of Indonesia, 38 Grosvenor Square, London W1X 9AD. Fax: 0171 491 4993

MINISTER OF DEFENCE AND SECURITY:

Gen. Wiranto Menteri Pertahanan dan Keamanan Jl. Medan Merdeka Barat No.13-14 Jakarta 10110 Indonesia Fax: + 62 21 381 4535/ 384 5178

MINISTER OF FOREIGN AFFAIRS:

Ali Alatas S.H. Menteri Luar Negeri Jl. Medan Taman Pejambon No.6 Jakarta Indonesia Fax: +62 21 380 5511/345 7782/ 360 541/ 724 5354

PLEASE SEND APPEALS IMMEDIATELY. Please do not send appeals after 18 May 1999.

If you have any queries about this Urgent Action or about + + the UA scheme in general, please contact: + + Ray Mitchell / Becky Hess + + Amnesty International UK Section + + 99 - 119 Rosebery Avenue + + London EC1R 4RE email: ua@amnesty.org.uk

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