continued from part 2...

Case 3.1.6

Of the many civilians from the Alas subdistrict who were arrested and detained in November, eleven were subsequently charged for their alleged involvement in the attacks on the military. They have all been charged under Articles 106 and 110 of KUHP (Indonesian Criminal Code), Emergency Law No. 55 and Emergency Law No. 12. It is believed that all eleven were subjected to torture or ill-treatment by members of the Indonesian military before being transferred to Polda, Dili. Of the eleven, the violations experienced by the nine who remain in detention at Polda Dili are detailed below. The other two people facing charges are both young women, who were subjected to sexual abuse while in detention (see case 3.3.2 for details).

On 13 November, Marcal Abel, 23, of Lurin hamlet, Taitudak village, was arrested by members of Battalion 744. Upon arrest he was severely beaten about the face and chest with rifle butts. According to the victim, the torture persisted to the point where he lost consciousness and was then resumed as soon as he was revived. This process was repeated at least twice. He was then handed over to members of Battalion 315 who held him in detention for three days. As a result of the beatings, Abel is in very poor physical condition, has great difficulty eating or drinking, and experiences continuous bleeding from the mouth and nose.

On 13 November, Aleixo Dias, 36, farmer, of Lurin hamlet, Taitudak village, was arrested by members of Battalion 744 in Barike hamlet, Fahinean village. Upon arrest he was repeatedly punched and beaten with rifle butts, as well as sticks and stones. The victim suffered numerous cuts to the head and arms. Dias was then taken to Daramata hamlet where he was held for two days. During this time Dias was subjected to prolonged torture, including being beaten and burnt with cigarettes to the point where he lost consciousness for several hours. On 15 November Dias was brought to Battalion 315 military post where he was again subjected to severe torture. From there the victim was transferred to Kodim Manufahi, Same, where he was tortured further. According to ETHRC sources, the perpetrators of the torture at Kodim Manufahi included the wives of the soldiers stationed there.

On 13 November, Marcelino Alves, 20, was arrested by members of Battalion 744 in Barike hamlet, Fahinean village. He was taken to the BTT 315 post where he was tortured. He was punched, beaten with rifle butts and had part of one of his ears bitten off. Alves was then tied up, had faeces forced into his mouth and was ordered to swallow it. The victim was then beaten further until he was bleeding profusely.

On 15 November, Filipe Fernandes, 29, of Lurin hamlet, Taitudak village, was arrested in his house by the head of the Alas Kodim intelligence section. Fernandes was detained at the Kodim where he was tortured. He was repeatedly punched and beaten with wooden clubs until he fainted. Upon regaining consciousness, he was repeatedly stamped on and this caused severe bleeding from his face, head, and body. The victim was then tied and suspended by a rope for approximately four hours. As a result of his torture and mistreatment, Fernandes' arms and several ribs were broken.

On 16 November, Longuinhos Xavier,18, was arbitrarily detained at Koramil Alas, where he was severely beaten. According to ETHRC sources, Xavier was asked by the Koramil Intelligence Section Head to accompany him to the military post without any indication of the military's actual intentions. He was then locked in a small building next to the Koramil headquarters, where he was tortured. The victim was stripped naked, knocked to the ground, his hair was torn out, and he was punched and kicked in the face until it was swollen and bloody.

On 19 November, Julio da Costa, 48, head of Weberek hamlet, Dotik village, was arrested by members of Polres and Kodim Manufahi. Da Costa was suspected of involvement in the 29 October killing of three members of BTT 315. Upon arrest he was assailed with kicks and punches, and was knocked to the ground. The victim sustained cuts to the head and chin. He was then detained at Polsek Same for approximately 24 hours, where it is believed he was again beaten and tortured.

Mateus Maia, 25, Alexandre da Costa, 25, and Joao Almeida de Jesus, 28, all from Weberek hamlet, Dotik village, were also arrested. No information is available about their arrest but it is believed they were subjected to torture and are still suffering serious health problems as a result.

Case 3.1.7

>From 27 November to 10 December, the Indonesian military launched an intensive operation in the Cailaco and Atabae subdistricts, Bobonaro district, following the 27 November killing of two ABRI members in Cailaco. Members of the Cailaco Koramil, Halilintar (a para-military group), SGI and combat troops from Battalion 745, systematically persecuted East Timorese civilians in their attempt to track down those responsible for the killings. The military operations were accompanied by such acts as shooting indiscriminately at houses, and intimidating and ill-treating the local population (see cases 2.1.13 and 3.2.7 for details). East Timorese civilians were beaten with rifle butts, punched and kicked, and some were arbitrarily arrested. Numerous East Timroese people were arbitrarily detained and subjected to torture and ill-treatment in detention, while others were tortured at other locations in order to extract information.

On November 27, two East Timorese youths were arbitrarily arrested by members of BTT 144, Halilintar, Kodim and SGI. Crispin Correia, 22, and Ananias Soares, 24, were arrested in their homes in the village of Meligo, Cailaco subdistrict. On 2 December, Mariano Fernandes, 30, Agustinho Pereira da Silva, 24, Laurentino Martins, 23, Basilio Sousa da Silva, 26, Sergio Soares, 20, and Thomas Tavares, 24, were also arrested at their homes in the village of Aidabaleten, Atabae subdistrict. It is believed the six youths were tortured during their arrest and up to the time of their detention. All eight were arbitrarily detained at Polres Bobonaro, where Crispin Correia and Ananias Soares were also subjected to torture and ill-treatment.

On or about 27 November, security force personnel shot into the house of Vasco dos Santos, 60, who was lying sick in his bed. Fortunately dos Santos was not shot but the military proceeded to beat and torture him until his body was bruised and swollen.

Another two men, Gustavo (no surname) and Fransisco Soares, were attacked in their houses and beaten and tortured by members of the Indonesian military. Francisco Soares was left lying in his house, badly injured, while Gustavo is believed to have disappeared following the assault. The ETHRC is still trying to confirm his current whereabouts.

On 5 December Gaspar Nai Mali, a teacher, 32, was arrested at his home in the village of Goulolo, Cailaco subdistrict, by four members of Halilintar who had their faces covered in black, like Ninjas. Gaspar was tortured while still holding his 15 month-old baby, Cesario, on his back. He was punched and kicked and beaten with rifle barrels and sticks. It is believed that he may have broken his hip as he was unable to stand after the beating, and his chest was so badly bruised that it was difficult for him to breath. Gaspar was taken by his family to the District Military Commander to protest about the torture. He was subsequently taken to a priest who then referred him to the civil hospital on December 6 where he was admitted for treatment. Gaspar and his wife were able to identify the four perpetrators of the torture as Viegas, a member of Halilintar and his wife, Imaculada, Feliciano and Benditu, also members of Halilintar, all from Cailaco Marco.

Between 2 and 4 December, ninety civilians from Cailaco took refuge from the military operation at the house of the parish priest in Maliana. On 4 December, the military commander for East Timor, Colonel Tono Suratman, together with the Maliana Kodim commander, gave assurances that the safety of those wishing to return to Cailaco would be guaranteed. This undertaking of safe passage for people returning to Cailaco was respected. However, on 5 December, the crew of a public minibus, Evangelino Abel, 32, Salvador Soares, 23, and Ozorio Soares, 16, were severely beaten by four masked men who were identified as members of the Cailaco Koramil post. The victims were stopped and assaulted in Bilimao hamlet, Cailaco, after taking home some people who had taken refuge in Maliana.

Between 7 and 10 December, in the wake of the military operation in Cailaco, civilians were targeted in further military sweeps through the surrounding villages of Daudu and Saehae, Cailaco subdistrict. At about 5pm on 7 December, members of Battalion 745 from the Daudu territorial post, Kopassus and the Halilintar para-military, entered the village and proceeded to intimidate and torture people in their homes throughout the night and the following three days.

Case 3.1.8

On 10 January 1999, the inhabitants of Gugleur village in Maubara subdistrict, Liquica district, were attacked by members of Gadapaksi and Battalion 143. The victims sustained injuries from sticks and sharp weapons, such as machetes and spears wielded by the Gadapaksi members, and were also beaten and kicked. In addition, the victims' houses were ransacked, and livestock such as goats and chickens was stolen.

The men of each village were targeted for interrogation and torture. One of the victims, a farmer, was dragged from his house by Gadapaksi members, repeatedly kicked and beaten with a stick in front of a soldier from BTT 143, and accused of being a Fretilin supporter. A teacher, who protested about the treatment of local people, was whipped by Gadapaksi members using a chainsaw chain.

Around thirty men have fled from the Maubara district in search of protection in Dili. Some of them had earlier sought refuge at the local Koramil and Kodim posts, but military personnel there said that their injuries were exactly what could be expected if they opposed the supporters of integration with Indonesia. The Gadapaksi members responsible for the attack are believed to have a long history of conducting terror campaigns against pro-independence supporters in the Liquica district. According to ETHRC sources the perpetrators are from Vatuboro village, which is also the home village of the local district head, Leoneto Martins.

Other cases reported to the ETHRC

See cases 3.1.9 to 3.1.12 in Appendix A for additional cases.

3.2 Other Cruel, Inhuman or Degrading Treatment

Case 3.2.1

On 15 July, Rosito Manuel da Silva, 24, was shot by military personnel at Becora Terminal, East Dili, during a military operation aimed at suppressing opposition to the commemoration of Integration Day, 17 July. It is believed that he had brought his motorbike to a halt in the bus terminal when soldiers from a team consisting of members of BTT 744, Kopassus, Kostrad, C Company, and the Rajawali battalion, opened fire. The victim sustained gunshot wounds to the stomach, and he had to seek medical treatment.

Case 3.2.2

On 13 October, high school student, Rui Kiak, and University of East Timor student, Domingos da Costa, were arbitrarily arrested on the street in Dili. Upon arrest the youths were beaten with iron bars and rifle butts by members of Brimob and Polres Dili, and were then detained at Polres Dili. They are now awaiting trial under Indonesian criminal law. It is believed that the arrest was made as a reprisal for the physical assault of a Brimob member by the two youths on the previous day.

Case 3.2.3

On 30 October 1998, 26 prisoners at Becora Prison, Dili, were transferred to a military detention centre in Balide, Dili.(33) At midnight the prisoners were rounded up by the Indonesian military and it is believed they were subjected to violent beatings and hit with gun butts before being thrown into military vehicles. They arrived at the Balide military prison at 4.00am the following morning.(34)

It is believed the prisoners were transferred to the Balide military prison because they had openly expressed their political views. ETHRC sources reported that Indonesian authorities said the 26 prisoners had disturbed other prisoners by shouting slogans such as "Viva Xanana" and "Viva Independence". It is believed the prisoners had also participated in a hunger strike, which was undertaken in late August, to support calls for the release of Xanana Gusmao, the jailed leader of the East Timorese resistance. The prisoners' families and legal representatives became aware of the move the day after the prisoners were transferred and have since been allowed to visit them.

Case 3.2.4

On 13 November, seven civilians from Nundae hamlet, Atabae subdistrict, were intimidated and had attempts made on their lives by members of Territorial Battalion 144 from the Atabae military post. After threatening them, the soldiers fired eight shots at the victims as they were running away. As a result of the shooting, Damiaun Reis Cardoso, 26, was injured and the remaining six victims fled to Dili. The current condition of Damiaun Cardoso is unknown. The names of the other six are as follows: Marcelino Casmiro, 30, Miguel Batubere, 14, Teotonio Goveia, 27, Mateus Goveia, 25, Paulino Batu Mali, 29, Lourenco Piedade, 54. It is believed the arrests were part of the military operations carried out in response to a political dialogue held in Atabae in early November. In the circumstances, it appears the men were targeted solely for expressing their political views.

Case 3.2.5

On 13 November, a Catholic catechist (religion teacher), identified as George (no surname), was stabbed and had his hair hacked off with a machete by members of Battalion 744 while travelling with a group of twenty catechists from Fahinian village to Tutu Luru village, Same district. The victim was threatened and told not to report the incident, while other soldiers were reported to have jeered at the group, "You all just pretend to hold the rosary. We hold the rosary too, and the Holy Bible. Those clothes you're wearing belong to Indonesia, not the UN".

The group was apparently travelling behind the Catholic pastor of Fatuberliu parish in a separate vehicle when they encountered the soldiers travelling in the opposite direction. The soldiers had already been informed by the pastor that the group following him were catechists from his parish on pastoral work.

Case 3.2.6

On 22 November, in connection with the Alas case (see case 1.1.6 for details), according to Suara Timor Timur (STT), East Timor's regional daily newspaper, twelve civilians were beaten with rifle butts by military personnel in the Manufahi district. The twelve were employees of a private company, PT Akam, and were reportedly suspected by the military on the grounds that some had long hair, in the style of guerillas. The incident was reported to STT by an eyewitness.

The names of the victims are as follows: Armando Boavida, Deolindo Castailao Felipe, Ledi Simao, Salvador Soares, Jose da Silva, Nicolau Amaral, Leonardo Sampaio, Tomas da Silva, Luis da Silva, Antonio Castro, Domingos Manek Gama and Luis da Silva Soares.(35)

Case 3.2.7

In early December, in connection with the Cailaco case (see case 3.1.7 for details), 36 civilians suffered numerous forms of mistreatment, including being punched, kicked, beaten with belts, sticks and iron bars, and being burnt with matches. Two men sustained serious injuries. Jose Paulelo, 38, suffered severe bruising to the face and head, and broken teeth from being beaten with a piece of wood and rifle barrels. He was also burnt on the back with matches. Semedio Tavares, 37, was severely beaten. His hands were then tied and he was lead to a nearby hill where the beating was resumed.

Case 3.2.8

During the 3 January attack on a group of East Timorese youths by members of the Mahidin paramilitary group, six youths, Celestinho da Silva Ferreira, 19, Hermenegildo Barros, 20, Marcus de Andrade, 23, Alipio Monteiro, Asiri M. Dutel Ferreira, and Domingos de Andrade, 20, sustained serious injuries. A further two, Jaime and Asiri, were intimidated with gunfire by Mahidin members. The youths were suspected of being associated with one of the many pro-referendum youth groups that have sprung up under the presidency of B.J. Habibie. Such groups have been involved in conflict, often violent, with pro-Indonesian militia groups.

It is believed the shooting started when two of the youths, Jaime and Asiri, approached the Mahidin headquarters in the village of Munatasi, Ainaro subdistrict, intending to express their peaceful intentions and good will on behalf of a local group of alleged pro-referendum supporters. As the two approached the front of the building, two to three shots were fired at the youths from the Mahidin office. At this, the youths turned and ran. Asiri was struck by a bullet in the right hand.

When Jaime and Asiri reached the town of Ainaro, nearby, they immediately informed their friends of what had happened to them. On learning of the attack, eight other youths set out for the Mahidin headquarters, intending to stage a counter-attack. However, en route, the group was confronted by armed Mahidin personnel who immediately opened fire on them. Six of the youths sustained serious gunshot wounds and another two were killed instantly (see case 1.1.9 for details).

Other cases reported to the ETHRC

See cases 3.2.9 to 3.2.10 in Appendix A for additional cases.

3.3 Rape and Sexual Abuse

In the second half of 1998, the ETHRC received one report of an East Timorese women being raped by members of the Indonesian military and two cases of other types of sexual abuse. Rape is actually believed to be much more widespread than the small number of cases documented would indicate. This is because information about rape is particularly difficult to obtain as East Timorese women are reluctant to speak about their experiences of being raped.

Case 3.3.1

On 13 October, it is believed Arlinda de Jesus, 18, was raped by a member of Battalion 642 Post IV in Bubutau, Fuat village, Iliomar. The perpetrator has been identified as Tukimun. According to Arlinda's niece, Marta da Costa, who witnessed the rape, the armed Indonesian soldier approached Arlinda and Marta while they were at a waterhole in Luanira and without a word, grabbed Arlinda and forced her into the bush. The soldier then raped Arlinda, despite her protests, and threatened her with the weapon not to scream. He also threatened to shoot Marta if she tried to run away: "If you scream or dare to tell any-one about this, I will shoot you dead!" After the rape the two women were told not reveal the rape to anyone, however, at the victim's request, Marta reported the incident to her family, who then reported it to the local authorities.

After the case became known to the local community, Miguel Pinto, an Intel officer from Kodim 1629 Lautem, threatened Arlinda, her family and the witness, demanding that they stop talking about the incident. During the confrontation with the Intel officer, it is believed the family refused to stop pursuing the case and Miguel Pinto withdrew a small axe from his waist and threatened to attack the victim's husband, Berlindo Medeira. He then unleashed the axe on nearby trees and rocks and shouted "Today I will kill you all, then I will call for a Hino truck to pick up your corpses and dump them away!" The victim's family reported this to the district authorities who inspected the damage and then ordered Miguel Pinto and six of his colleagues to return to Lospalos.

On 29 October, sixteen days after the rape had taken place, the local authorities and traditional leaders of Fuat village decided to investigate the case. Twenty-five armed members of Danki BTT 642 surrounded the village office where Arlinda and her family had gone to report the incident. The military tried to force the local authorities and leaders to deny the allegations made against the rapist and to accuse the victim and the eye-witness of fabricating the allegations. The leaders did not agree to the military's demands. Authorities have said the perpetrator will be tried in a military tribunal but to date, no proceedings have been initiated. Meanwhile, the victim and her family continue to harassed not to pursue the case.

Case 3.3.2

Of the eleven civilians facing charges for alleged involvement in the 9 November attack on the military post in Alas (see case 3.1.6 for details), two young women, Etelvina Maria Dias, 22, and Vicentinha Fernandes, 20, were subjected to sexual abuse and numerous other violations while being held at various military posts. The two women were nieces of Vicente Xavier, who was extrajudicially executed by the military (see case 1.1.6 for details).(36)

Etelvina and Vicentinha were arrested on 13 November in Barike hamlet, Fahinehan village, at the house of their relative, Pedro Alves. It is believed they had fled to Barike for protection but were located and arrested by soldiers from battalions 744, 745 and 315, who had been on duty at the neighbouring hamlet of Fahi Lequimau. They were tied together with a length of wire, kicked and beaten with rifles. The womens' relatives, Pedro Alves, Joaquin Maya and Raimundu, were also subjected to beating. The spare clothes which the women had brought with them from Lurin hamlet, in their attempt to flee from the military, were then burned and their money was taken away. During this time the women were repeatedly subjected to verbal sexual harassment. At about 4:30 p.m. the two women were taken to Daramata hamlet where they were detained overnight.

At 7:00 am on November 14, 1998 Etelvina and Vicentinha were taken to the BTT 315 post at Fahileqimau where they were beaten again and subjected to sexual abuse. The soldiers tore the womens' clothes and grabbed and squeezed their breasts and vaginas, saying that they must be hiding letters in their underwear. The soldiers also burnt the women's hair with matches.

On November 15, 1998 around 8:00 am the women were taken to Kodim 1634, Same, where they were again subjected to beating. It is believed the wives of the soldiers also joined their husbands in beating the women. At around midday, Etelvina and Vicentinha were escorted by police to Polres Manufahi where they were interrogated and were forced to make false confessions. The victims were not accompanied by lawyers during interrogation, and the content of the interrogation report, BAP, is not known. Etelvina Maria Dias and Vicentinha Fernandes have since been released but remain under house arrest and are awaiting trial.

4. VIOLATIONS OF THE RIGHT TO DUE PROCESS

4.1 Breaches of Procedural Guarantees

East Timorese defendants are routinely denied their right to due process, both in pre-trial and trial proceedings, under the Indonesian legal system. Often, trials also fall far short of accepted international standards for fairness. The right to due process presupposes the existence of a set of minimum guarantees such as access to the courts and to legal representation, the opportunity to plead and produce evidence before the courts, and the right to receive sentences from the court within a reasonable period of time. While some procedural guarantees are provided under the Indonesian Criminal Procedure Code (KUHAP), these are often inadequate or are ignored by the Indonesian authorities. Moreover, fundamental rights such as the presumption of innocence, and the right to a hearing by a competent, independent and impartial tribunal within a reasonable period of time, are not guaranteed.

The ETHRC received some reports of violations of the right to due process in the period July to December 1998. Particularly prevalent was the lack of adequate access to legal representation,(37) and cases of confessions being extracted under duress of torture.(38)

Case 4.1.1

On 10 December, Joao Soares Reis, 22, Bernardo da Silva, 26, and Floriano Xavier, 22, were sentenced to twelve years imprisonment by the Dili State Court board of judges. The three youths, who were arrested in late February, had been accused of making contact with Falintil and possessing explosives and home-made arrows.(39) The board of judges found the defendants guilty under the 1951 Emergency Law No.12 and handed down a 12 year jail term, even though the sentence requested by the public prosecutor was only ten months.

According to ETHRC sources, the reason given for the harsh sentence was that the defendants had not shown any sign of remorse. In light of the severity of the sentence, the disparity between it and the recommendation of the public prosecutor, and the political nature of the case, lawyers for the defendants were concerned that the judges may not have been impartial. This was confirmed when the defendants appealed to the High Court and the sentence was reduced to 1 year.

5. VIOLATIONS OF FREEDOM OF EXPRESSION AND ASSOCIATION

The increased level of political freedom in East Timor, as seen in the widespread conduct of public political meetings, known as "dialogues", has not been matched by a reduction in violations of freedom of expression and association. In the second half of 1998, the Indonesian military have conducted a number of operations involving the arbitrary arrest and detention of civilians suspected of participating in these dialogues. In each case the motivation for these arrests has been political. The military has sought to discourage open discussion of the future of East Timor, and to crack down on those suspected of involvement in the clandestine resistance movement. This trend is seen in the latest wave of persecution and intimidation of civilians in the Bobonaro district following a dialogue conducted in Bobonaro on 8 November.

The violations of freedom of expression and association have not been documented separately as the cases also involve arbitrary detention and other violations. In fact, many of the arbitrary detentions documented above occurred in response to what would be seen as legitimate expressions of political dissent under international norms.

6. OTHER VIOLATIONS

6.1 Intimidation and Persecution

Case 6.1.1

On 27 November, four civilians, Jeca da Silva, 28, Alcides Abreu Maia, 28, Fransisco Maia, 28, and Patricio Santos de Jesus, 27, were threatened with death and pursued by members of Koramil Balibo, SGI and Halilintar, in Balibo district. The four fled to Dili where they sought protection from Yayasan HAK, a local human rights organisation. The threats were part of the military crackdown in Atabae, launched in response to a political dialogue held on 8 November. In the circumstances, it appears the men were threatened because they had expressed their political views.

Case 6.1.2

On or about 22 November, during the military operation targeted at people involved in the Atabae political dialogue, another eight East Timorese people from the Cailaco subdistrict were threatened by members of BTT 144, Polres Bobonaro and SGI. The military personnel made threats to arrest and kill the eight civilians. Two of the victims, Ananias, 26, and Rudolfo, 26, were also shot at by the military. As a result of this intimidation the victims had to flee their homes.

The other six people were identified as Manuel Mota, 26, Felisberto Soares, 25, Igidro Modeira Soares, 20, Eugenio Pereira, 22, Vasco Borges, 28, Angelo Soares, 22. Again, it appears the men were threatened because they had expressed their political views.

Case 6.1.3

Between 29 November and 1 December, three units from Team Saka are believed to have terrorised the inhabitants of Quelicai subdistrict in the villages of Uai-Tame, Aiduqule, Uatuliu, Sama-Assa, Rogo, Bu'u-Bere, Caili-Bere, Suri-Lari and Dae-Me-Naha.

Case 6.1.4

On 2 December, two members of the Team Saka paramilitary group, identified as Joao Uai-Lari and Martinho Noko-Soro, fired six shots from their M-16 weapons at Moise Ximenes Ramos, 40, and Lourenco da C. Neves, 37. The incident occurred in the presence of other civilians attending a cock-fight at the local market in Samalari village, Baguia subdistrict. The victims were unharmed.

At the time of the incident, the perpetrators were reported to have said, "You are all rebels, and can easily be killed. There'll be no problem, because you are rebels". It is believed that the two were targeted for intimidation because of their alleged involvement in organising political dialogues.

Other cases reported to the ETHRC

See case 6.1.5 in Appendix A for additional case.

7. ALLEGED VIOLATIONS BY FALINTIL

Case 7.1

On 2 April, Domingos Amandio, 43, Domingas da Costa, 39, and their eighteen month old daughter, Maria da Costa, were shot dead in their home in Garuai village, Baucau district (see case 1.1.1 for details). While the perpetrators are unknown, the killings are believed to be politically motivated. There are two conflicting versions of the incident: the first version is that the Indonesian military is responsible for the killings, while the second version is that the East Timorese Resistance is responsible. The ETHRC has not been able to confirm which version is correct and has therefore called for a full and impartial investigation.

According to the Indonesian police force, Amandio's name was amongst a list of names found in an earlier raid on the house of Salustiano Freitas.(41) The list was said to contain names of East Timorese believed to have collaborated with the Indonesian military. It is also alleged that a gun belonging to Amandio was found in Freitas' house.

It is believed Domingos Amandio was originally a member of Falintil, the East Timorese National Liberation Army, but left to join the Indonesian civil defence group, Hansip. He was later put into the ABRI group, known informally in East Timor as MILSAS.

Case 7.2

On 31 October, at the transmigration site of Weberek, Manufahi district, following a pro-referendum meeting, a civilian, identified as Mohammad Slamet Imam Prabowo SE was killed by Falintil guerillas. Three members of the Indonesian military, Sergeant Abdul Latief, Sergeant Zainuddin and Private Siswanto were also killed. The civilian and ABRI members are believed to have infiltrated the Weberek political meeting. When discovered, the four men were taken away by ABRI guerillas and stabbed to death.(42) The incident led to serious repercussions for the civilian population of Alas subdistrict when the Indonesian military launched an intensive operation in the area, resulting in extrajudicial executions, arbitrary detentions and intimidation of the local population (see cases 1.1.6 and 2.1.12 for details).

Case 7.3

The Indonesian newspaper, Suara Pembaruan, reported that on 19 November, Ernesto da Costa, Secretary of Comoro village, West Dili, was shot dead in Caibada village, Baucau. The report alleged that members of the resistance movement were responsible for the killing and that the victim was a known pro-integration supporter, however the ETHRC has not been able to confirm the alleged killing.

ENDNOTES

1 Associated Press, 4 February, 1999. 2 Agence France Presse, 7 February, 1999. 3 Agence France Presse, op. cit. 4 Sydney Morning Herald, 30 January 1999. 5 Don Greenlees, The Australian, 24 October 1998; Don Greenlees, The Australian, 30 October 1998. 6 ETAN, Media Release, 30 October 1998. 7 Reuters, 28 October 1998. 8 The Australian, 30 October 1998, op cit. 9 For details see East Timor Human Rights Centre, "East Timorese Political Prisoners", Ref: SPR 1/98, 23 June 1998; and "East Timorese Political Prisoners Progress Report", Ref: SPR1/98PR, 15 October 1998. 10 See Appendices B and C for details. 11 Council of National Timorese Resistance, the umbrella organisation for the East Timorese Resistance. 12 Statements by the Chair were negotiated in 1994, 1995, 1996 and 1998. 13 Resolutions were adopted in 1993 and 1997. 14 Reuters, 12 February 1999. 15 East Timor Human Rights Centre, "East Timor: No Solution Without Respect for Human Rights", Bi-Annual Report of Human Rights Violations in East Timor, January to June, 1998; August 18 1998, Ref: SR 1/98; page 20. 16 ETHRC UA 15/98, 11 November 1998. 17 International Committee of the Red Cross (ICRC) Media Release 98/40, 26 November 1998. 18 ETHRC UA 17/98, 23 November 1998. 19 Suspects must be served with a written warrant of arrest, unless they are caught 'in flagrante delicto', and their relatives must be furnished with a copy (Indonesian Criminal Code of Procedure, KUHAP Art. 18). Arrests are valid for a maximum of 24 hours, after which authorities must produce an arrest warrant or release the suspect (KUHAP Art.19). 20 Sole responsibility for arrest, detention and investigation in criminal cases rests with the police (KUHAP Art.18). 21 ETHRC UA 13/98, 30 July 1998. 22 ETHRC UA 14/98, 5 October 1998. 23 ETHRC UN 14/98PR, 10 November 1998. 24 Amnesty International Urgent Action, UA 306/98, AI Index: ASA 21/108/98, dated 8 December 1998. 25 East Timor Human Rights Centre, "East Timor: No Solution Without Respect for Human Rights", op. cit., page 19. 26 Amnesty International, Urgent Action, AI Index: ASA 21/89/98, 29 September 1998. 27 ETHRC UA 9/97, 5 May 1997. 28 ETHRC UA 9/97/PR, 15 July 1997 and ETHRC UN 9/97PR4, 13 October 1998. 29 ETHRC UA 10/97, 23 May 1997. 30 ETHRC UN 10/97PR2, 27 June 1997. 31 ETHRC UA 11/97, 29 May 1997. 32 Indonesia has subscribed to the United Nations Standard Minimum Rules for the Treatment of Prisoners which provides detailed guidelines in relation to punishment within the prison system. The key provision of the Rules are: "Section 30(2): No prisoner shall be punished unless he has been informed of the offence alleged against him and given a proper opportunity of presenting his defence. The competent authority shall conduct a thorough examination of the case." "Section 31: Corporal punishment by placing in a dark cell, and all cruel, inhuman or degrading punishments shall be completely prohibited as punishments for disciplinary offences." 33 ETHRC UA 12/98, 22 July 1998; ETHRC UA 12/98PR, 24 July 1998; ETHRC UA 12/98PR2, 20 November 1998. 34 ETHRC UA 16/98, 11 November 1998. 35 The prisoners transferred were: Adelio de Fatima Barreto H, Agostino Moreira, Agostino Vital, Alberto Ximenes, Bernardo da Silva, Carlos Freitas, Constancio C Santos, Domingos Pereira, Eduardo dos Santos, Eusebio Ximenes, Floriano da Costa Xavier, Joao Alves Trindade, Joao dos Reis, Joaquim de Carvalho de Araujo, Jose Soares Menezes, Lamberto Freitas, Lino Xavier Nunes, Luis Antonio Soares, Manuel (no surname), Manuel Moniz, Mariano da Costa Sarmento, Matias Marcal Soares, Pedro Freitas, Romeo da Conceicao, Salvador da Silva, Venancio (no surname). For full details of the political prisoners, see Appendix B. 36 Suara Timor Timur, 25 November 1998. 37 ETHRC UA 17/98, 23 November 1998. 38 Suspects have the right to consult with and be accompanied by legal counsel of their own choice at all stages of interrogation (KUHAP Articles 54,55,57). Detainees have the right to ongoing access to their lawyers throughout the trial process (KUHAP Articles 54,56). Legal counsel should be free to meet and speak in confidence with their clients (KUHAP Articles 70, 71). 39 Duress in any form may not be used by investigating officials to obtain information from a suspect or witness. (KUHAP Article 117). 40 ETHRC UA 8/98, 1 June 1998. 41 For details, see ETHRC UA 6/98, 20 May, 1998. 42 Human Rights Watch Asia, Media Release, 23 November 1998.

Please contact the ETHRC on ethrc@minihub.org for a copy of the appendices.

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