A Timorese View on Justice for Suharto's Crimes

A Timorese View: Time to End Impunity for Suharto's Crimes in Indonesia and Timor-Leste

Tetum: Agora mak tempu atu hapara impunidade ba krime sira Suharto nian iha Indonesia no Timor-Leste

Bahasa Indonesia: Sekarang Saatnya Memutus Impunitas untuk Kejahatan Soeharto di Indonesia dan Timor-Leste

some excerpts:

The tragedy of 1965-1966 is part of a long history of massacres by the Indonesian military. As East Timorese, we know very well the brutality of the Indonesian dictator's regime. I was born after the initial Indonesian invasion in 1975, but grew up under the occupation. As a young student, I saw the Indonesian military intimidate and abuse youth suspected of supporting East Timorese independence. We were not safe anywhere: Suharto's troops would seize us at home, school or on the streets; many were never seen again. I watched helplessly as soldiers murdered my cousin, Luis Gusmão Pereira, in a public market in Triloedae-Laga. 

....

The chains of impunity remain strong in Indonesia; U.S. leaders who supported crimes against humanity in Indonesia and elsewhere continue to avoid accountability and punishment. The U.S. and Indonesia claim they are democratic and law-abiding nations, but they openly resist holding their own officials accountable.

East Timorese demonstrate for justice.
Photo by Karen Orenstein/ETAN.

ANTI: We are very sad because you are starting to forget and ignore the history of suffering and the past that is still painful!

A-N-T-I
THE TIMOR-LESTE NATIONAL ALLIANCE FOR AN INTERNATIONAL TRIBUNAL
Aliansa Nasionál Timor-Leste ba Tribunál Internasionál

We are very sad because you are starting to forget and ignore the history of suffering and the past that is still painful!

ANTI is aware that every act of murder committed against Timorese citizens was done by those who were following instructions of their commander, namely Prabowo.

Today is the third day of the Development Partners Meeting in Timor-Leste. ANTI notes that the agenda for the Development Partners Meeting did not touch on the issue of justice, especially past human rights violations. We consider that the donors have only demonstrated a "half-hearted approach" or have not shown that they are serious about dealing with development issues in a comprehensive manner. 

Therefore gaps/inequalities continue to be created in society.

In accordance with news announced by the Antara News Agency on 10 June 2013 a meeting took place between Prabowo Subianto, Wiranto and Mari Alkatiri in Jakarta, Indonesia. Timorese leaders and the principal perpetrators of human rights violations have already met on numerous occasions since 2004. According to the aforementioned news report Mr. Mari Alkatiri visited the GERINDRA Party to meet with Prabowo and the GERINDRA Party leadership. Prabowo said that this visit was a special visit for Prabowo and his leadership. This news shocked the Timorese community because it reminds us of the atrocities committed by the Indonesian military, especially KOPASSUS, against innocent civilians in Timor-Leste during the occupation by the military regime.

Alkatiri (left) meets with Prabowo (right)

We are reminded of the human rights violations committed by Indonesia, especially those committed by KOPASSUS. The CAVR report indicated that there was a sharp increase in sexual violence during the mass arrests that took place between 1978-1983. After 1983 Kopassandha/Kopassus (Indonesian Special Forces) committed more than 100 arrests and incidents of torture in Mauchiga (Hatu Builico, Ainaro) and Kraras, Bibileo, (Viqueque). Prabowo was directly involved in the Craras Massacre in Bibileo. In addition, Prabowo?s men were also involved in the Santa Cruz Massacre (1991).

A number of cases involving sexual violations occurred in military posts or on military bases. In 1976, Prabowo was the platoon commander of the Group 1 Sandhi Yudha Troop Command (Kopassandha) that started to lead operations carried out by the
Nanggala Team in Timor-Leste.

We know for sure that he was involved in human rights violations committed in 1983, and at that time he was a captain.

It is very strange that Prabowo was a commander at that time and that he has not been held accountable for human rights violations that he committed together with his men. ANTI is aware that every act of murder committed against Timorese citizens was done by those who were following instructions of their commander, namely Prabowo.
Based on the CAVR report, approximately 102,800 people died as the result of murder, hunger and disappearances that occurred during the conflict. However, there are several estimates that are much higher than the one mentioned in the CAVR report. In addition, approximately 250,000 people were forced to flee to Indonesia and more than four thousand children were taken by Indonesia and until now their families don't know about their circumstances. More than 800 people were victims of forced disappearances and until now their whereabouts are unknown.

At the end of "Black September" in 1999, the UN Commission for Human Rights held a plenary session to discuss human rights violations in Timor-Leste. This special plenary session was the fourth special session conducted in the history of the Commission. The Commission strongly condemned the planned and systematic "crimes against humanity and violations of international humanitarian law" and called for the perpetrators of these crimes to be prosecuted. The Commission also requested to the UN General Secretary to set up a Commission of Inquiry. Not long after, Kofi Annan set up an International Commission of Inquiry on East Timor (ICIET). ICIET was able to fulfill its mandate by visiting Timor-Leste and Indonesia between November ? December 1999. ICEIT concluded that "a wide range of human rights violations and crimes against humanity and crimes against international humanitarian law had occurred over a long period of time that included intimidation, terror, destruction of property, violence against women and forced removal" At the same time the UN sent three special rapporteurs to Timor-Leste in December 1999. These special human rights envoys recommended for the UN to establish an International Court if the Indonesian government fails to effectively bring the main perpetrators of crimes to justice.

When the ICIET released its report, the UN High Commissioner for Human Rights Mary Robinson stated that "the report of the Commission of Inquiry has sent a message to the people of Timor-Leste that the international community has not forgotten their suffering. I hope that those that are responsible for the atrocities committed in Timor-Leste are held accountable so that there is no impunity"

However, until now the perpetrators have not yet been held accountable for the human rights violations that they committed. More disappointingly, cases involving serious crimes are starting to be forgotten and ignored. How can the chain of impunity be broken if there is no formal process to try the main perpetrators of human rights violations that occurred in Timor-Leste during the occupation? 

Therefore, ANTI calls for and demands the commitment of the international community to provide accountability for violations that occurred in Timor-Leste during the Indonesian occupation via a fair and credible process.

1. We request for the international community, including the people of America, England, France, Holland, Norway, Germany, Australia and Latin America, Africa and Asia to be morally responsible in accordance with international humanitarian law. ETAN and Amnesty International in particular need to keep focusing attention and following up on serious crimes cases that occurred in Timor-Leste.
    
2. We urge the donors to pay attention to crimes against humanity that occurred in Timor-Leste during the occupation by the Indonesian military to ensure that there is a legitimate process to break the chain of impunity because problems from the past will reflect on the development of democracy now and in the future.

ANTI considers that it is unfair for the international community to once again abandon us, and make that people of Timor-Leste the ones who have to be responsible for demanding accountability for human rights violations that occurred in Timor-Leste.

Dili, 20 June 2013

Members:

1. Asosiasaun HAK
2. JSMP (Judicial System Monitoring Program)
3. La'o Hamutuk
4. Fokupers
5. Asosiasaun Chega ba Ita (Acbit)
6. MDI
7. CDI
8. Luta Hamutuk
9. Kadalak Sulimutu Institutu (KSI)
10. Asososiaun Vitima 74-99
11. Timor-Leste Student Front
12. Forum Tau Matan (FTM)
13. Sek. Fongtil
14. Haberan Institute
15. Asean Justice and Rights (AJAR) - Timor-Leste

see also Human Rights & Justice page

• ANTI: Joint Statement on International Day for the Right to the Truth and Justice for Victims: ANTI demands for the State of Timor-Leste to not ignore the rights of victims
• As UN Meets on Anniversary of Massacre ETAN Urges UN and U.S. to Act for Justice for Timor-Leste (November 12, 2012)
• ANTI/Amnesty International: Tackling Impunity in Timor-Leste and Indonesia: Justice Is the Only Way, Statement to Commemorate November 12, 2012
• La'o Hamutuk: Ultimate letter to the UN Security Council about justice, sustainable development and not forgetting Timor-Leste (November
• ANTI: Letter to Secretary-General Ban Ki-moon on UN responsibility for justice (August 14)
• ANTI: Timor-Leste demands justice - “Because we love peace, and we want the truth to strengthen reconciliation” (May 18)
• 10 Years After Timor's Independence, Where Is the Justice? (May16)

Timorese groups call for right to justice for victims of Indonesia occupation

Read whole statement here: Joint Statement on International Day for the Right to the Truth and Justice for Victims: ANTI demands for the State of Timor-Leste to not ignore the rights of victims

excerpts:

The demand for victims’ rights to truth and justice is not only aimed at satisfying victims, but also for the current generation and future generations. The truth is a historical treasure of a country that prevents the reoccurrence of such incidents in the future. History does not just concern heroism displayed during a violent struggle, but it should also encompass the suffering of victims, so that we can all understand this human suffering to prevent further suffering.

...

“This principle of justice must be firmly upheld and cannot be modified in accordance with the desire of the ‘elite’ and especially not because of authority wielded by perpetrators. The problem that there is no capacity to achieve justice is not a reason to ignore and violate these principles. The capacity to achieve justice is relative and it is the responsibility of the entire international community”; said  Sisto dos Santos, Coordinator of ANTI.   

Read the rest here 

Santa Cruz massacre 21 years on

A day late, but we were busy distributing ETAN's media release on the Santa Cruz massacre anniversary.

Here is the link to ETAN's release: http://etan.org/news/2012/11scruz.htm and an excerpt:

"As the latest UN mission ends, promises of justice remain unfulfilled," said John M. Miller, National Coordinator of ETAN. "The UN should state clearly that there can be no impunity for crimes against humanity and war crimes committed during Indonesia's invasion and occupation of Timor-Leste from 1975-1999." 

"The East Timorese people can not fully overcome their past until they know the fate of the bodies of their relatives and friends," said Miller. "Impunity for decades of systematic Indonesian military and police atrocities prevents both countries from consolidating the rule of law as they transition from  military dictatorship do democracy." 

2012 commemoration of Santa Cruz massacre, Dili.
 Photo by Manuela Leong Pereira via Facebook

 ANTI (Timor-Leste National Alliance for an International Tribunal) and Amnesty International issued a joint statement. The groups concluded:

Together, ANTI and Amnesty International demand that the UN and the governments of Timor-Leste and Indonesia take responsibility to ensure justice for crimes against humanity and human rights violations which took place in Timor-Leste between 1975 and 1999. They must ensure that victims of the Santa Cruz massacre, and all those who suffered during the Indonesian occupation and in the context of the 1999 independence referendum, have access to justice, truth and reparation. Continued inaction will further entrench a culture of impunity, and leave a dark stain on the UN's record in Timor-Leste.

Resolving Past Crimes Against Humanity is Key to Opening the Door to Truth and Justice now and in the future

A statement by ANTI (Timor-Leste National Alliance for an International Tribunal) marks the 12th anniversary of the Popular Consultation, 30 of August 1999- 2011 and also the International Day of the Disappeared is out.

Titled "Resolving Past Crimes Against Humanity is Key to Opening the Door to Truth and Justice now and in the future,"the statement condemns the "hypocrisy" within Timor-Leste:

"We are hypocrites because we forget our innocent people who lost their lives. We are hypocrites because we are not willing to look for those who were forcibly disappeared. We are hypocrites because we give priority to reconciliation, not to justice."

Photo by Karen Orenstein/ETAN

ANTI makes a series of demands. Among them a call to the UN Security Council to create an international tribunal to prosecute the "principal perpetrators of serious crimes and crimes against humanity in Timor-Leste during the Indonesian occupation...."

Other demands include:

Demands that the Prosecutor prosecutes the serious crimes cases that were investigated by the Serious Crimes Investigation Team (SCIT) and submits these cases to Court.

Asks the Judges and the Prosecutor General to imprison the criminal Valentim Lavio (ex-Militia BMP) who has already been sentenced to 9 years imprisonment but walks free today.

Asks the President of the Republic and the State of Timor-Leste to ratify the International Convention for the Protection of All Persons from Enforced Disappearance in order to guarantee that there will be no more disappeared persons in the future.

Asks the State of Timor-Leste to demand that the State of Indonesia give back those that the TNI forcibly took to Indonesia....

For the full statement and demands go here.