The Prosecutor General of Timor Leste (RDTL)
Dili, Timor Leste.
19 April 2004

Statement Of The Prosecutor General Of Timor Leste On A Report In The Jakarta Post On 19 April Regarding The Case Against Wiranto

On 19 April 2004, The Jakarta Post published a report titled "Wiranto Rights Trial Unlikely" by Mr. Wahyoe Boediwardhana. The Prosecutor General of the Democratic Republic of Timor Leste (RDTL), Dr. Longuinhos Monteiro, is accredited with comments which are factually incorrect and an unfair representation of an impromptu interview given to journalists in Bali on 18 April 2004.

First, the Prosecutor General of RDTL did not refer to any "lack of evidence" in the case against former General Wiranto as being a reason for not holding a future trial of Wiranto.

Secondly, the Prosecutor General of RDTL did not comment that he hoped "the court would accept the indictment". In fact, Dr. Monteiro, referred to the request for an arrest warrant which was filed at the time the indictment against Wiranto, six other high-level Indonesian military commanders and the former Governor of East Timor by the Deputy Prosecutor General for Serious Crimes on 24 February 2003. To date, the judges at the Special Panels have taken no decision on the request to issue an arrest warrant for Wiranto.

Thirdly, the Prosecutor General of RDTL did not say that prosecutors had "tried to take Wiranto to Court for similar crimes" in February 2003 and January 2004 and that the indictment "was resubmitted for the third time in February this year". In fact, at no time since former General Wiranto was indicted on 24 February 2003 for Crimes against Humanity committed in Timor Leste in 1999 has the indictment against Wiranto been withdrawn or resubmitted by the Deputy Prosecutor for Serious Crimes.

To clarify, the Prosecutor General had referred to two submissions to the Special Panels by the Deputy General Prosecutor for Serious Crimes. On 28 January 2004, a motion was filed requesting a public hearing regarding the application for an arrest warrant for Wiranto. The motion was subsequently denied by an International Judge at the Special Panels in a decision explaining the need for "judicial time and patience". On 19 March 2004, the Deputy General Prosecutor had submitted a "Brief" in support of the application for an arrest warrant for Wiranto to the Special Panels, summarising the voluminous evidence that has been filed in support of the charges. Accordingly, it is expected that a decision will be issued by the Special Panels in the near future on the matter of the arrest warrant for
Wiranto.

Finally, Mr. Boediwardhana wrote: "The judges threw both indictments out, claiming that the prosecutors had failed to present sufficient evidence to support the serious accusations". This statement is completely incorrect and misleading as the indictment has never been dismissed by the Judges of the Special Panels. The Prosecutor General and the Deputy Prosecutor General for Serious Crimes believe that the evidence provided to the court in the case against Wiranto proves beyond doubt that, as the former Minister of Defense and Security and Commander of the Indonesian Armed Forces, he failed in his responsibilities as the ultimate commander of all army and police forces in East Timor in 1999 to prevent the commission of Crimes against Humanity and also failed to punish the perpetrators.

The indictment against Wiranto and others filed with the Special Panel for Serious Crimes on 24 February 2003 remains pending as do all charges against the accused.

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