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East Timor National Alliance for an International Tribunal
c/o Perkumpulan HAK, Farol, Dili, Timor Lorosa’e
Press Release
East Timorese Political Leaders Must Not Interfere with Justice
Contact: Rosentino Amado Hei 723-7172 (Bahasa Indonesia)
Joao Sarmento +670-723-5043 (B.I. or English)
email: laohamutuk@easttimor.minihub.org
15 February 2004
The East Timor Alliance for an International Tribunal is shocked
to learn of a secret meeting between high officials from East Timor
and an accused perpetrator of crimes against humanity. This meeting
compounds the many problems East Timorese face in obtaining justice,
and raises uncomfortable questions about the rule of law,
independence of the judiciary and whether the government hears the
victims’ cry for justice.
We recognize that East Timor’s judicial processes have many
problems, including lack of resources, lack of international
political support, inexperience, and obstruction by the Indonesian
government. But the leaders of East Timor should be trying to solve
these problems, and not adding to them.
The Alliance has received reliable information that on 31 January
or 1 February 2004, President Xanana Gusmão, Foreign Minister José
Ramos-Horta and General Prosecutor Longuinhos Monteiro held secret
talks with Indonesian former general Wiranto at the luxury Oberoi
Hotel in Seminyak, Bali. Partial reports of the meeting have
appeared in Australian, Portuguese and U.S. newspapers, but it has
not been reported in East Timor. According to the New York-based
Wall Street Journal, this is the second time Xanana and Wiranto have
met “to discuss reconciliation.”
On 24 February 2003, the Serious Crimes Unit (SCU) in Dili
indicted Gen. Wiranto and seven others for Crimes Against Humanity:
Murder, Deportation and Persecution. These eight suspects are at
large in Indonesia, where Wiranto is running for president. Last
November, the Special Panel court issued a warrant for the arrest of
Lt. Col. Yayat Sudrajat, but no warrants have been issued for the
other seven: Wiranto, Zacky Anwar Makarim, Kiki Syahnakri, Adam
Damiri, Tono Suratman, Mohammad Noer Muis and Abilio Osorio Soares.
International circulation of warrants is done by Interpol, and
General Prosecutor is East Timor’s contact point. The Sudrajat
warrant is not yet listed by Interpol.
On 27 January 2004, East Timor’s Deputy General Prosecutor asked
the Dili Special Panel to hold a public hearing about whether the
warrants for Wiranto et al should be issued, with testimony from
victims and from Wiranto. During the Bali meeting the following
weekend, Wiranto agreed to testify by video-link, although we
believe that was neither the reason for the meeting nor the main
topic discussed. The Panel has not yet decided whether to hold such
a hearing.
The East Timor Alliance for an International Tribunal is
concerned about the secret Bali meeting. Although we do not know
exactly what was discussed, we believe that presidential candidate
Wiranto asked the East Timorese authorities to cancel the indictment
hanging over his head. Although the ex-general may defend himself in
a warrant hearing by video conference, we do not believe that this
is an adequate mechanism for trying the serious crimes which he is
credibly alleged to have committed.
We question the appropriateness and the legality of East Timor’s
political leadership meeting with an indicted criminal for secret
discussions, and fear for its impact on the independence of East
Timor’s judicial system. According to Article 119 of East Timor’s
Constitution, “Courts are independent and subject only to the
Constitution and the law.” Although the President has the
Constitutional authority to issue a public pardon for Wiranto (or
anyone else), he has no authority for behind-the-scenes interference
in the process of justice.
We believe that Wiranto offered to provide evidence and testimony
about the involvement of lower-ranking Indonesian officers in crimes
committed in East Timor, in return for dropping the indictment
against him. But if his subordinates have committed crimes,
especially with his knowledge (or consent), he is also guilty.
Plea-bargaining is a valid technique to encourage lower-level
criminals to testify against their commanders, not the other way
around.
From 2000 through 2003, the Serious Crimes Unit has indicted 369
persons, 281 of whom remain at large, presumably in Indonesia. These
include 41 Indonesian military and police officers, as well as
Indonesian and East Timorese soldiers, militia members and
civilians. To date, only 78 warrants, including 13 Indonesians, have
been circulated by Interpol. It is unclear whether most warrants are
delayed due to inaction by the judges or the General Prosecutor.
When the SCU indicted former General Wiranto (he was fired by
Abdurrahman Wahid in February 2000) et al a year ago, President
Gusmão and Foreign Minister Ramos-Horta hastened to reassure the
Indonesian government that they personally opposed criminal
proceedings against the former Defense Minister. But both leaders
reaffirmed the independence of East Timor’s judicial system, saying
that they could do nothing to interfere with the legal process of
justice. At the time, President Gusmão told the Jakarta Post “I
regret (the indictment) but I could not simply ask prosecutors to
drop their charges as the General Prosecutors Office is an
independent institution.”
Although a UN investigating team recommended establishment of an
international tribunal to try crimes against humanity committed in
East Timor through 1999, the international community has failed to
exhibit the political will to establish its own process or to
effectively encourage Indonesia to provide or comply with meaningful
justice. Jakarta’s ad hoc court, widely criticized as a sham, did
not even indict Wiranto, who was both Defense Minister and Chief of
the Military Forces during 1999 when troops under his command,
helped by Indonesian-supported militias, ravaged and terrorized East
Timor.
The Alliance is a civil society coalition including victims,
NGOs, church leaders, students and others. We are not journalists or
investigators, but we encourage East Timor’s media to look into this
further and verify the facts. And if high East Timorese officials
have transgressed the law, we hope that appropriate action is taken.
But most of all, we continue to demand that all responsible for
crimes against our people be held accountable, and that all East
Timorese government officials, as well as those in other nations,
support the process of justice.
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See
also ETAN's
Human Rights
& Justice page
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