United
Nation Must Not Shortchange Justice for East Timor
May 14, 2004 - The East Timor Action Network (ETAN) urged that
today's extension of the United Nations mission in East Timor not
be the last word on justice for serious crimes in East Timor.
"Justice for East Timor must not be shortchanged. Doing so
threatens to destabilize East Timor, as well as current and future
UN missions," said John M. Miller, spokesperson for the ETAN.
"Real accountability for East Timor would provide important
momentum to end the Indonesian military's ongoing human rights violations."
"Justice must be allowed to take its full course. East Timorese
victims should not pay the price for false starts and delays that
are largely the result of UN decisions and Indonesia's non-cooperation,"
added Miller. "Unfortunately, the Security Council has done
nothing to further pressure Indonesia on justice."
Today's Security Council action downsizing the UN Mission of Support
in East Timor (UNMISET) calls for a shift in resources in the Serious
Crimes Unit (SCU) from investigations to trials and appeals. Some
on the council have called for all UN-funded work on serious crimes
to end by May 20, 2005, at the latest.
"We are especially disappointed by U.S. government pressure
to end the UN's work on serious crimes. Artificial deadlines won't
end impunity," said Miller. The U.S. had argued for an even
more rapid phasing out of the UN's support for serous crimes investigations
and prosecutions.
"Instead of seeking justice on the cheap, the U.S. must work
with the UN Security Council to establish an international tribunal
for East Timor. Only a tribunal would have the resources and political
weight to properly try and punish those responsible for genocide
and other grave crimes," said Miller.
Remarks by Indonesia's Minister of Foreign Affairs Hassan Wirayuda
dismissing the recent arrest warrant issued against General Wiranto
highlight Indonesia's refusal to cooperate with the serious crimes
process was highlighted in remarks by Minister of Foreign Affairs
Hassan Wirayuda dismissive of the recent arrest warrant issued against
Indonesian General
Wiranto. More than two-thirds of those indicted in East Timor remain
at large in Indonesia.
"Indonesian security forces committed countless crimes against
humanity as Indonesia defied multiple UN resolutions since 1975
and, in 1999, sought to undermine a UN operation," said Miller
ETAN works with civil society in East Timor and Indonesia in calling
for an international tribunal to prosecute crimes against humanity
that took place in East Timor since 1975. See www.etan.org.
Background
Earlier this month, the Judicial System Monitoring Programme (JSMP),
an East Timorese NGO, reported, "If investigations end now
it will leave 700 murders and thousands of victims of rape, torture
and other crimes against
humanity without justice in East Timor." JSMP's research has
found tension exists in communities causing serious concerns about
people taking matters into their own hands if they feel that the
courts have failed them.
In his April 29, 2004 report to the Security Council, the Secretary
General wrote, "In its resolution 1410 (2002), the Security
Council stressed the critical importance of cooperation between
Indonesia and Timor-Leste, and with UNMISET, to ensure that those
responsible for serious crimes committed in 1999 are brought to
justice." The SCU has filed 83 indictments accusing 373 individuals.
Charges are currently pending against a total of 313 accused. 279
of these remain at large in Indonesia, including 37 Indonesian military
(TNI) commanders and officers, four Indonesian chiefs of police,
60 East Timorese TNI officers and soldiers, the former governor
of East Timor and 5 former district administrators.
On May 10,an international judge at the Special Panel for Serious
Crimes in East Timor issued an arrest warrant for Wiranto, the Armed
Forces Commander and Defense Minister in 1999 and now a leading
presidential candidate.
Prior to and after East Timor's overwhelming vote for independence,
his troops and their militia proxies conducted a campaign of terror
resulting in more than 1400 deaths, displacement of three-quarters
of the population and destruction of more than 75% of East Timor's
infrastructure.
Wiranto was indicted on February 24, 2003, for crimes against humanity
before the Special Panel, a joint UN-East Timorese court. Soon after,
the U.S. State Department placed Wiranto on its visa watch list.
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