East Timorese civil society demand the creation of a UN
Commission of Experts
JSMP Press Release
Telephone:
(+670)(390)323 883
E-mail:
info@jsmp.minihub.org
19 July 2004
Today, the Judicial System Monitoring Programme (JSMP) along with
106 individuals signed a joint statement
to be sent to the Secretary-General of the United Nations, Kofi
Annan calling on him to establish a Commission of Experts to analyse
the trials of the Special Panel for Serious Crimes in Dili and the
Ad Hoc Human Rights Court for East Timor in Jakarta. The signatories
include individuals from organisations such as the Commission for
Reception, Truth and Reconciliation (CAVR), the National Alliance
for an International Tribunal representing 28 NGOs, victims groups,
legal aid organisations, community representatives and university
students and lecturers.
The statement expresses the support of East Timorese civil
society and community leaders for the establishment of a Commission
to analyse these processes, which up until now, have not provided
justice and accountability. At present, the East Timorese Government
is not actively supporting this vital initiative. The Government
prefers a forgive and forget attitude, focusing on maintaining good
relations with Indonesia. While President Xanana Gusmao is intent on
embracing former General and Commander of the Indonesian Armed
Forces, Wiranto, whilst low-level East Timorese militia members
serve prison sentences. The impunity of senior Indonesian commanders
and officials while East Timorese serve time demonstrates the
injustice of the present situation. The solution, however, is not to
abandon justice initiatives for past crimes, but rather to ensure
high-level international experts can give recommendations on future
processes.
It is the responsibility of the international community to act,
and to act now. JSMP believes that the Secretary-General intends to
defer a decision on the Commission of Experts until after the second
round of Indonesian presidential elections in September this year.
However, as Wiranto has already been eliminated from the
presidential race, the establishment of the Commission cannot be
said to interfere in Indonesian politics. Further, investigations
for cases before the Special Panel for Serious Crimes will cease in
November 2004 and trials finalised by May 2005. This is despite
around half of the estimated 1400 murders being uninvestigated and
countless other crimes committed throughout the Indonesian
occupation being unaccounted for. To lose the opportunity to improve
the serious crimes process before it ceases operations would be an
unnecessary setback. Accordingly, the Commission of Experts must be
established immediately so it can issue its findings while the
serious crimes process is still in progress.
JSMP's community consultation work has revealed that tension
remains in communities and has the potential to turn violent. As a
result the UN's positive work in rebuilding East Timor could unravel
unless those most responsible for crimes against humanity are
brought to justice. This public statement provides further evidence
that the people of East Timor, regardless of the position of the
Government, cannot accept the current injustice and impunity. A
Commission of Experts must be officially established, and this needs
to happen now. Current UN rhetoric emphasises the importance of
engaging civil society. Let the Commission of Experts be an example
of putting these words into action.
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Below is an English translation of the Public Statement sent to
the Secretary-General of the United Nations, Kofi Annan. The
original version, including the list of signatures is available at
http://www.jsmp.minihub.org
Public Statement to the
Secretary-General of the United Nations
His Excellency Kofi-Annan
Secretary-General
The United Nations
1 United Nations Plaza
New York, New York 10017-3515
19 July 2004
Dear Sir,
We the people of Timor-Leste and victims of crimes sign the
following:
We strongly support and hope that you along with the United
Nations establish a Commission of Experts to review the progress of
the justice processes in Indonesia and Timor-Leste.
We the people of Timor-Leste, especially the families of victims
of crimes against humanity believe that both processes have not yet
met our needs and demand for justice. On the other hand, what has
occurred is perpetrators have not yet been held accountable for
their actions. The judicial process in Indonesia was in effect show
trials created entirely to exonerate and cover up crimes through a
legal process. Those accused of violations of crimes against
humanity have not faced punishment. Several accused who have already
been found guilty and received sentences are still at large in
Indonesia. Even former head of the armed forces Wiranto, one person
who arguably bears most responsibility for the crimes committed in
1999, has avoided trial in the Ad Hoc Human Rights Court in Jakarta
and was up until recently a presidential candidate in Indonesia.
Other people still occupy strategic positions in the military. We
have identified that the judicial process in the ad hoc Court in
Jakarta has only convicted some of the 18 defendants and the
majority found guilty are civilian leaders of Timorese ethnicity.
However the trial process taking place in East Timor only tries
low-level perpetrators who live within the territory of East Timor.
In most of the court proceedings that have taken place in East
Timor, those small perpetrators claimed they were actually also
victims of the Indonesian Army's systematic plan in 1999.
Furthermore, a large number of those indicted by the Serious Crimes
Unit continue to be at large in Indonesia and the Special Panel for
Serious Crimes cases cannot try those indictees.
According to our experience, one of the major factors influencing
the above-mentioned failure is the absence of pressure from the
international community on the Indonesian government to co-operate
with the UN-established Serious Crimes Unit. We therefore recommend
that such pressure is forthcoming, especially as is it of paramount
importance given the end of UNMISET's mandate in the near future.
This is also due to the fact that there are many controversial
developments that continue to challenge our strong desire for
justice.
We, the East Timorese people argued that it is the United
Nations' responsibility to examine and evaluate the court processes
that have taken place in both countries. The United Nations should
seek any other mechanisms and/or alternatives to bring to justice
those perpetrators of crimes against humanity, where there is
evidence that the process was unjust.
For more than five-years, the United Nations has played a very
crucial role in the development of a new East Timor, including the
judicial process. Thus justice for the victims and their families
would become an important barometer to measure the United Nations'
achievement in East Timor
We therefore appeal and demand that you, the honourable Mr. Kofi
Annan, through the United Nations establish a Commission of Experts
to evaluate the court processes that have had taken place both in
Indonesia and East Timor.
Similarly important, we request that the Commission of Experts be
provided with the necessary resources, including its discretion to
recommend an International Tribunal to be established for East Timor
in order to try the perpetrators of crimes against humanity.
Below is the list of our signatures;
-end-
see
Original in Bahasa with signatures
see ETAN's Human Rights & Justice page at
http://www.etan.org/issues/h-rights.htm.
see also
Congress Urges UN to Actively Pursue Justice
for East Timor; 78 Representatives Write UN
Secretary-General
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