Congressional Letters on E Timor and Aceh

Media Release

For Immediate Release

Contact: John M. Miller, 718-596-7668
Karen Orenstein, 202-544-6911

U.S. Congress Demonstrates Strong Support for Justice for East Timor

June 27, 2003 - Members of both chambers of Congress have urged the Bush administration to act to ensure justice for the many serious crimes committed in East Timor during Indonesia's illegal occupation. The Senate and House letters were sent yesterday as the Indonesian ad hoc Human Rights Court for East Timor prepares to issue its final verdict for crimes against humanity committed in East Timor in 1999, expected July 1.

Thirteen Senators wrote, “the international community has a responsibility to ensure justice” for East Timor. The letter stated that the United States "should not abrogate international responsibility to the just-born East Timorese government, with its limited political, economic, and human resources... [and] should clearly communicate to East Timor's government and the UN Secretary-General that it supports justice and opposes immunity in these cases" dating back to 1975. They urged "the administration to work towards the establishment of an international tribunal, pursue it in the international arena, and use the influence of the United States to compel the government of Indonesia to cooperate."

Both letters called for the U.S. to support the UN-established Serious Crimes Unit (SCU) and the Special Panel courts, which are investigating, prosecuting, and hearing cases about serious crimes committed in East Timor in 1999. "Without an extension of the SCU and Special Panels mandate, cases will be left unfinished and justice denied," 46 Representatives wrote Secretary Powell.

The letters also urged the administration to cooperate with a request from East Timor's Commission for Reception, Truth and Reconciliation (CAVR) for information to assist their work in clarifying "the circumstances of the death, displacement and suffering of hundreds of thousands of East Timorese" during Indonesia's invasion and occupation of the territory. In a letter to President Bush, the Chair of the CAVR called the release of U.S. government documents “vital to the process of national reconciliation and the establishment of a genuine and lasting peace.”

Senator Jack Reed (D-RI) and Representative Tammy Baldwin (D-WI) initiated the Senate and House letters, respectively. Both letters are available below.

Also on June 26, 46 Representatives and 17 Senators sent letters to the Bush administration expressing concern about the many human rights violations taking place in Aceh since Indonesia declared martial law there last month. Members of Congress raised the use of U.S.-supplied equipment in the military offensive and urged a return to negotiations (see http://www.etan.org/action/action2/06acehltr.htm).

Background

Indonesia's widely-criticized ad hoc Human Rights Court for East Timor has so far acquitted 12 of the 18 defendants prosecuted. All but one of those convicted have received sentences below the legal minimum.

The final verdict is expected on July 1. The prosecution has asked the court to acquit General Adam Damiri, the highest-ranking official tried. Damiri has missed a number of court appearances due to his leadership in the military assault on Aceh.

The East Timor Action Network (ETAN) advocates for democracy, sustainable development, justice and human rights, including women's rights, for the people of East Timor. ETAN calls for an international tribunal to prosecute crimes against humanity that took place in East Timor since 1975.

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Senate Letter

June 26, 2003

Dear Secretary Powell:

We write to you out of concern with the Indonesian Human Rights Court for East Timor. While we welcome the administration's criticism of the Court, we urge you to take the necessary diplomatic steps to ensure justice after the Court is adjourned.

We believe that the international community has a responsibility to ensure justice is rendered fairly and equitably in East Timor. Many of the crimes that are being currently adjudicated were committed in 1999, during an internationally-sponsored independence referendum that had strong support from the United States. We should not abrogate international responsibility to the just-born East Timorese government, with its limited political, economic, and human resources.

Many crimes in East Timor were perpetrated during an invasion and occupation that occurred in violation of the UN Charter and UN Security Council resolutions dating back to 1975. The United States should clearly communicate to East Timor's government and the UN Secretary-General that it supports justice and opposes immunity in these cases. Such a statement, backed up by commitments of resources and continuing support, would provide essential backing for East Timor's efforts for justice.

We urge the administration to work towards the establishment of an international tribunal, pursue it in the international arena, and use the influence of the United States to compel the government of Indonesia to cooperate. While it may take some years to realize, we believe an international tribunal is possible if the administration harnesses the appropriate international political resolve.

We also request that you urge the government of Indonesia to cooperate with the joint UN-East Timor Serious Crimes Unit (SCU) and Special Panel courts. More than 65% of the 247 people already indicted by the SCU are in Indonesia, yet Indonesian authorities have thus far refused to support the process. If the SCU and Special Panels are to complete their tasks, far greater human and material resources are needed. We strongly urge you to support both bilateral and multilateral efforts at securing these for East Timor. We further urge you to actively advocate the extension of the SCU and Special Panels mandate beyond May 2004 to ensure that numerous open cases can be completed, those already arrested can be brought to trial, and those who have been indicted but are in Indonesia will be brought to court.

Finally, we ask that you request President Bush to release the documents requested by East Timor's Commission for Reception, Truth and Reconciliation. In its January 24, 2003 letter, the Commission asked for U.S. government documents on selected historically significant events and particularly egregious human rights abuses in East Timor.

Although the United States has been generous in its support of reconstruction efforts in East Timor, the failure to hold perpetrators accountable will destabilize both East Timor and Indonesia. We urge you to support justice, the rule of law, and democracy by advocating an international tribunal for East Timor. We thank you for your consideration of this matter and look forward to your response.

Sincerely,

Senator Jack Reed, Senator Carl Levin, Senator Christopher Dodd, Senator Dianne Feinstein, Senator Daniel Akaka, Senator Russell Feingold, Senator Richard Durbin, Senator Frank Lautenberg, Senator Debbie Stabenow, Senator Ron Wyden, Senator Patty Murray, Senator Byron Dorgan, Senator Patrick Leahy

House Letter

June 26, 2003

President George W. Bush
The White House
1600 Pennsylvania Avenue, NW
Washington, DC 20500

Dear Mr. President:

As the world marks the first anniversary of East Timor's independence, we extend our sincere gratitude for your demonstrated commitment to the people of East Timor. It is with that commitment in mind that we write to you today. We are aware that East Timor's Commission for Reception, Truth and Reconciliation (CAVR) wrote to you on January 24, 2003, requesting "your assistance in clarifying a selected number of historically significant events and especially egregious cases of human rights abuses." We echo the CAVR's assertion that, "The clarification of the circumstances of the death, displacement and suffering of hundreds of thousands of East Timorese is vital to the process of national reconciliation and the establishment of a genuine and lasting peace."

We urge you to respond to the CAVR's request by releasing all relevant U.S. government documents listed in the annex of that letter and any others that can shed light on events concerning East Timor from 1974-1999. Given the limited two year time frame the CAVR has to complete its work, we request that relevant agencies expedite document release.

We also encourage your active support in extending the mandate of the joint UN-East Timor Serious Crimes Unit and Special Panels beyond May 2004. Without an extension, cases will be left unfinished and justice denied. Further, as you know, East Timor's judicial system is severely under-resourced. It is thus critical for your administration to not only assist in the provision of such human and material resources, but to rally international support for the SCU and Special Panels to ensure their success.

While the commendable work of the CAVR is essential for establishing a comprehensive history of the Indonesian invasion and occupation of East Timor, justice for serious crimes is a separate matter, for which the international community is responsible, that deserves full international backing and pursuit.

We thank you for your serious consideration of our requests and look forward to a prompt reply.

Sincerely,

Tammy Baldwin (D-WI), Christopher Smith (R-NJ), Ellen O. Tauscher (D-CA), James Oberstar (D-MN), Barbara Lee (D-CA), Henry A. Waxman (D-CA), Sherrod Brown (D-OH), Neil Abercrombie (D-HI), Lynn Woolsey (D-CA), Raul M. Grijalva (D-AZ), Jim McDermott (D-MA), Carolyn Maloney (D-NY), Patrick Kennedy (D-RI), Lane Evans (D-IL), Pete DeFazio (D-OR), Madeleine Z. Bordallo (D-GU), Robert Wexler (D-FL), Mark Udall (D-CO), Dennis A. Cardoza (D-CA), Eleanor Holmes Norton (DC), Donald M. Payne (D-NJ), Dennis J. Kucinich (D-OH), Sam Farr (D-CA), Ed Pastor (D-AZ), Major R. Owens (D-NY), James P. McGovern (D-MA), Betty McCollum (D-MN), Edward J. Markey (D-MA), Maurice D. Hinchey (D-NY), Julia Carson (D-IN), John F. Tierney (D-MA), Nita M. Lowey (D-NY), Xavier Becerra (D-CA), Fortney Pete Stark (D-CA), Bernard Sanders (I-VT), Jerrold Nadler (D-NY), Michael M. Honda (D-CA), Anthony D. Weiner (D-NY), James R. Langevin (D-RI), Carolyn C. Kilpatrick (D-MI), Joseph M. Hoeffel (D-PA), Nydia M. Velazquez (D-NY), Eni F. H. Faleomavaega (D-AS), William D. Delahunt (D-MA), Lloyd Doggett (D-TX), Tom Udall (D-NM)