ABC Radio Australia

Asia Pacific

Last Updated 5/08/2005 9:00:00 PM

EAST TIMOR: Truth Commission will not Prosecute Guilty

Indonesia and East Timor have formally opened a truth commission to look into Jakarta's bloody handling of Timor's independence vote in 1999.

HORTA: We're dealing with it with one goal and that is to investigate the truth about what happened in '99 before, during and after the referendum so that at least the victims of violence in '99 feel that there has been some
sense of justice.

LOPRESTI: And how will the commission do that? Are you going to call witnesses?

HORTA: Yes, they will be able to interview people who they deem necessary to clarify their individual responsibilities in the violence in '99.

LOPRESTI: This Commission, however, will not punish those responsible for the atrocities of 1999. Why not?

HORTA: The Truth Commission is to be an alternative to the persecutorial system (which) have failed in regard to the ad hoc tribunal in Indonesia. It has failed in regard to serious crime in Timor in the sense that military people, who might be involved, who allegedly have been involved in the ballot, they have not spoken. So because they believe that the Truth and Friendship Commission will not lead to persecution, they might step forward and be honest, cooperate fully by telling the truth on their actions in the violence in '99.

LOPRESTI: You're saying that those military officers responsible might come forward and say what they did in 1999, because they know they will not be punished?

HORTA: If we are going to have a Truth Commission that will lead to prosecution, well then we might not as well establish the Truth Commission, then we stay with the prosecutorial system. But I've said the prosecutorial
system didn't work in Indonesia, does not work, is not working in East Timor. So we hope that through this process, those individuals who are responsible at least they admit their guilt, they cooperate, share with all
the information, as to the violence in '99.

LOPRESTI: And then they walk free? So why not allow a United Nations backed international tribunal to do the prosecuting?

HORTA: Well, the United Nations published a so-called Serious Crimes panel in East Timor. Not one single Indonesian officer was brought to trial. The Security Council of the UN will not agree to the establishment of an
international tribunal. I do not know of one single member of Privy Council that would agree with the establishment of the international tribunal and even if they did, the end result will be the same. Indonesia would not cooperate, so the tribunal will be sitting empty somewhere in the Hague without anyone to be tried and maybe repeating (what) was done in East Timor and that is to try all the East Timorese (only).

LOPRESTI: And Mr Ramos Horta, you honestly believe that those people who committed atrocities will come forward and will admit what they did?

HORTA: All I can say is that this is our last chance, the Truth Commission as we have established. There is the name of our two presidents, Susilo Bambang Yudhoyono of Indonesia and Xanana Gusmao of East Timor. So I hope that those involved in the violence in East Timor in '99 will remember that and will cooperate so that we can move on and put the past where it belongs.

http://www.abc.net.au/ra/asiapac/programs/s1431556.htm

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