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Subject: Amnesty International Seeks UN Tribunal 4 Reports: - Rights group seeks UN tribunal for East Timor abuses - Impunity undermining East Timor's stability - SMH: Prosecutions needed for Timor abuses, says Amnesty - Amnesty: No justice in Timor-Leste ten years after independence vote --- Rights group seeks UN tribunal for East Timor abuses * Watchdog wants U.N crime tribunal for East Timor * Culture of impunity exists while crimes go unpunished * Indonesia and East Timor unlikely to agree to U.N. probe By Sunanda Creagh JAKARTA, Aug 27 (Reuters) - The United Nations Security council should set up an international criminal tribunal to investigate abuses in East Timor both under Indonesian rule and in the vote for independence, a rights group said on Thursday. East Timor, which was invaded by Indonesia in 1975 and which voted overwhelmingly for independence a decade ago, will not be able to shake off a culture of impunity unless those guilty of human rights abuses are punished, watchdog Amnesty International said in a report. "In 1999, anti-independence militias, supported by the Indonesian military, killed more than a thousand Timorese in front of the world, but there has not been proper accountability for these atrocities," said Donna Guest, Amnesty International's Asia-Pacific deputy director, in a statement. Amnesty said abuses perpetrated in the lead-up to the polls included rape, disappearances, arbitrary arrests and unlawful killings. Tiny East Timor, a former Portuguese colony which achieved full independence from Indonesia in 2002, has opted for a conciliatory rather than a confrontational approach towards its much larger neighbour since independence. An ad hoc Human Rights Court set up by Indonesia and the UN Special Panels in East Timor tried 18 people for crimes committed during the 1999 violence but all were acquitted, Amnesty said. A 2005 joint Indonesia-East Timor Truth and Friendship Commission did not have the power to prosecute. Indonesia's former armed forces chief, Wiranto, was indicted by the UN Serious Crimes Unit for crimes against humanity committed by troops under his command in East Timor. But he never faced court, and has been free to pursue a political career, running as a vice presidential candidate in Indonesia's recent elections. East Timor's president, Jose Ramos-Horta, has stressed the need to forge better relations with Indonesia, calling on his people to forgive the perpetrators of abuses, and pardoning militia members convicted of crimes. He has said he does not want a U.N. investigation. However, Amnesty said that that approach would weaken the rule of law in both Indonesia and East Timor, also known as Timor-Leste. "On two separate occasions since independence, in 2006 and 2008, political violence erupted in Timor-Leste," Amnesty said. "Although there were complex reasons for each situation, the failure to rebuild the justice system effectively and to bring those responsible for past human rights violations to justice, contributed to an environment where there was no strong deterrent to political violence and human rights violations." Political analyst Max Lane said the UN Security council was unlikely to establish an international criminal tribunal while Indonesia and East Timor were unwilling to support one. "It's worth campaigning for because otherwise no one is ever held accountable and it happens all over again," he said. "However, while the Indonesian government is reluctant, the East Timor government will be lukewarm about it and while that is the case, the chances of a tribunal are less." (Editing by Sara Webb and Sanjeev Miglani) ------------------------- Impunity undermining East Timor's stability By Adam Gartrell, South-East Asia Correspondent JAKARTA, Aug 27 AAP - The failure to pursue and prosecute most of those responsible for the violence that marred East Timor's 1999 independence vote poses a continuing threat to the country's stability, a new report warns. Sunday marks the 10th anniversary of the UN-sponsored referendum in which almost 80 per cent of East Timorese voted for independence from Indonesia. In the wake of the historic vote, pro-Indonesia militias, backed by the Indonesian military, rampaged throughout the tiny country, killing hundreds and displacing many more. Most of the suspected perpetrators of the violence, including those in command, have yet to be prosecuted before an independent court in either East Timor or Indonesia, Amnesty International's report says. "Of those who have been prosecuted in Indonesia, all have been acquitted in proceedings which have been severely criticised as fundamentally flawed," the report says. "Only one remains imprisoned in Timor-Leste." The Timorese and Indonesian governments have adopted policies aimed at reconciliation that have demoralised victims, not delivered them justice, the report says. There are concerns the impunity may pose a continuing threat to East Timor's stability, the report says, citing the political violence of 2006 and 2008. "The failure to rebuild the justice system effectively and to bring those responsible for past human rights violations to justice contributed to an environment where there was no strong deterrent to political violence and human rights violations," it says. "The denial of justice through effective criminal proceedings has eroded key pillars of the new state: the rule of law and a strong and independent judiciary." East Timor's political leaders put Dili's relationship with Jakarta ahead of justice for victims, the report says. "Unless there is international intervention, impunity in violation of international law will continue." The report calls on the UN Security Council to put an end to the impunity and set up an international criminal tribunal with jurisdiction over all crimes committed in Timor during Indonesia's occupation. At least 102,800 Timorese died as a result of the brutal 24-year occupation that began in 1975. ------------------------- The Sydney Morning Herald Thursday, August 27, 2009 Prosecutions needed for Timor abuses, says Amnesty Lindsay Murdoch in Dili THE failure to prosecute most of the people responsible for atrocities that marred East Timor's 1999 independence vote threatens the country's stability, Amnesty International says. Only one person is in jail for crimes committed during a wave of bloodshed that left 1500 people dead and most of East Timor's infrastructure destroyed, Amnesty says in a report released today. "Of those who have been prosecuted in Indonesia, all have been acquitted in proceedings which have been severely criticised as fundamentally flawed," the report says. Amnesty says the path pursued by East Timor and Indonesia has weakened the rule of law in both countries. It says the victims need a clear commitment by the two governments and the United Nations to bring to justice those responsible for human rights abuses. Amnesty calls for the UN Security Council to establish an international criminal tribunal with jurisdiction over all grave human rights abuses in East Timor since Indonesia's invasion of the former Portuguese territory in 1975. The council has in the past said it favours a tribunal but has not acted to establish one. "The failure to rebuild the justice system effectively and to bring those responsible for past human rights violations to justice contributed to an environment where there was no strong deterrent to political violence and human rights violations," the report says. "The denial of justice through effective criminal proceedings has eroded key pillars of the new state." The report says East Timor's political leaders put Dili's relationship with Indonesia before justice for the victims. Amnesty is releasing the report in advance of events in East Timor marking the 10th anniversary on August 30 of a UN-sponsored referendum in which more than 70 per cent of Timorese defied threats and intimidation and voted to break away from Indonesia. East Timor's President, Jose Ramos-Horta, has reportedly told the Portuguese news agency Lusa that he would favour a general amnesty law if Indonesia acknowledges the abuses that were committed since 1975. Non-government organisations plan to transport hundreds of victims of atrocities to Dili next week, where they are expected to demand justice and compensation from the Government. ------------------------ Amnesty International No justice in Timor-Leste ten years after independence vote A decade after Timor-Leste voted for independence, a culture of impunity continues to haunt the country's people. In a new report marking 10 years since the independence vote in Timor-Leste, Amnesty International has called on the UN Security Council to establish an International Criminal tribunal with jurisdiction over all grave human rights violations surrounding Timor-Leste's 1999 independence referendum and in the previous 24 years of Indonesian occupation. The report, based on a mission to Timor-Leste in June, outlines how most perpetrators of crimes committed between 1975 and 1999, including those in command at the time, have yet to be prosecuted before a credible, independent and impartial tribunal, either in Indonesia or Timor-Leste. "Despite national and internationally sponsored justice initiatives, the people of Timor-Leste continue to be denied justice and reparations. In 1999 the Indonesian military with their anti-independence militias, killed more than a thousand Timorese in front of the world but there has not been proper accountability for these atrocities," said Donna Guest, Amnesty International's Asia-Pacific deputy director. "Disappointed Timorese victims provided testimonies time and time again to various mechanisms, but they have still not seen significant signs of accountability," said Donna Guest. While a number of low-level perpetrators have been convicted, most of those suspected of crimes against humanity are still at large in Indonesia. The Timorese and Indonesian governments have chosen to avoid justice for the victims of grave human rights violations in Timor-Leste by pursuing initiatives such as the joint Indonesia Timor-Leste Truth and Friendship Commission in 2005, which does not provide for prosecutions of perpetrators. "The path pursued by these two governments has weakened the rule of law in both countries," said Donna Guest. "The victims need a clear commitment by the Indonesian and Timor-Leste governments and the United Nations to investigate all allegations and bring to justice those responsible for the grave human rights violations committed between 1975 and 1999." The UN Security Council, which had previously been a vocal proponent of justice for victims of the 1999 violence, has failed in recent years to follow up on its commitments to the Timorese people. Amnesty International urges the UN Security Council to put in place a long-term comprehensive plan to end impunity for these crimes, including establishing an international criminal tribunal with jurisdiction over all crimes committed in Timor-Leste under Indonesian occupation, between 1975 and 1999. Background On 30 August 1999, the Timorese people voted overwhelmingly in favour of independence. At least 1,200 people died in the lead-up to the polls and its aftermath, which were marred by crimes against humanity and other serious human rights violations at the hands of pro-Indonesian militias backed by the Indonesian military. They included unlawful killings, enforced disappearances, sexual violence, arbitrary arrests, and threats and intimidation of Timorese people. These abuses have been well documented by human rights organizations and expert bodies, in particular the 2,800 page ‘Chega!' report by the Commission for Reception, Truth and Reconciliation (CAVR). Among the justice initiatives put in place since 1999 are the ad hoc Human Rights Court established by Indonesia and the UN Special Panels in Timor- Leste. All 18 defendants originally tried for crimes committed in Timor-Leste during 1999 by the ad hoc Human Rights Court have been acquitted in proceedings criticized as being fundamentally flawed. In Timor-Leste only one person convicted by the UN Special Panels is still serving a prison sentence.
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