[asia-apec 1846] ETAN: Justice for E Timor Will Not Come from Indonesia Indictments

[John M. Miller]

Media Release

For Immediate Release

Contact:
John M. Miller, 718-5967668; mobile: 917-690-4391

Justice for East Timor Will Not Come from Indonesia Indictments

Rights Group Urges International Tribunal Covering Entire Occupation

February 26, 2002 -- Indonesia's recent indictment of seven military 
officers for crimes against humanity committed in East Timor in 1999 does 
not alleviate concerns that Indonesian courts can provide justice for the 
thousands of victims of military violence in East Timor, observed an East 
Timorese activist and the East Timor Action Network/U.S. (ETAN).

"The recent Indonesian indictments do not alter our view that an 
international tribunal is essential to hold fully accountable those most 
responsible for war crimes and crimes against humanity committed in East 
Timor," said John M. Miller, spokesperson for ETAN.

"The East Timorese are united in their desire for an international 
tribunal," said Filomena dos Reis of the East Timor NGO Forum. "Over two 
decades of first-hand experience with Indonesian justice tells us the 
current ad-hoc court will not be meaningful." Dos Reis, the Forum's 
Advocacy Director is currently on a speaking tour of the United States to 
build support for an international tribunal.

Last week in Jakarta, Indonesia's Attorney General filed charges against 
seven men for genocide and crimes against humanity for the September 6, 
1999 massacre in a Suai churchyard where several hundred people were 
killed, including nuns and priests. The murders took place, two days after 
the United Nations announced that East Timor had voted overwhelmingly for 
independence. Three members of the U.S. Congress had visited the Suai 
church just a few weeks before the massacre.

On Monday, February 18, prosecutors in East Timor indicted 17 Indonesian 
soldiers and militia for crimes against humanity allegedly committed 1999. 
All of those indicted are believed to reside in Indonesia, but Indonesian 
officials quickly stated they would not honor any extradition requests or 
international warrants filed with Interpol.

"Indonesia's refusal to fulfill its obligation to turn over suspects to the 
serious crimes court in East Timor should leave no doubt that Indonesia's 
commitment to justice is half-hearted at best," Miller added. "The 
Indonesian indictments should not deflect pressure for extraditions or an 
international tribunal."

"The limited jurisdiction of the court, the continued power of the 
Indonesian military and the poor quality and lack of training of many of 
the judges reinforce our concerns about the Indonesian process. Indonesia 
has no witness protection program and traumatized East Timorese are 
unlikely to testify in Indonesian courts," said Miller. "The U.S., UN, and 
its member states are treading a dangerous line by giving credibility to a 
process that is so fatally flawed."

An April 2000 Memorandum of Understanding (MOU) on legal co-operation 
signed by the UN Administration in East Timor (UNTAET) and the Indonesian 
Government allows for the transfer of suspects. Despite a recent Indonesian 
pledge to extend the MOU, the Indonesian government officials maintain that 
they have no obligation to extradite suspects.

Last August, the Megawati administration amended the decree establishing a 
special human rights court on East Timor, limiting it to selected incidents 
from April and September 1999 in three out of East Timor's 13 districts.

"No one will be tried for the many atrocities that occurred outside of the 
narrow time periods and locations. The limitations mean that the military's 
role in orchestrating the violence and devastation throughout 1999 will not 
be fully addressed. The many crimes specifically directed at women will 
also not be prosecuted," said Miller.

"Further, no one responsible for Indonesia's 1975 invasion of East Timor 
and most of the massive crimes committed during Indonesia's 24-year 
occupation will be investigated, much less held accountable," he added.

Following the August 30, 1999 UN-organized referendum, the Indonesian 
military and their militias systematically destroyed East Timor, murdering 
up to 2000 East Timorese, destroying over 70 percent of the infrastructure 
and raping hundreds of women. Hundreds of thousands were forced from their 
homes.

The East Timor Action Network/U.S. (ETAN) supports human dignity for the 
people of East Timor by advocating for democracy, sustainable development, 
social, legal, and economic justice and human rights, including women's 
rights. ETAN has 26 local chapters throughout the U.S. For additional 
information see ETAN's web site (http://www.etan.org).

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John M. Miller         Internet: john at etan.org

Media & Outreach Coordinator
East Timor Action Network: 10 Years for Self-Determination & Justice

48 Duffield St., Brooklyn, NY 11201 USA
Phone: (718)596-7668      Fax: (718)222-4097
Mobile phone: (917)690-4391
Web site: http://www.etan.org

Support ETAN, to make a donation: http://etan.org/etan/donate.htm

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