Human rights groups backed Monday an Indonesian police probe into the 2004 murder of a rights activist, hopeful it will reveal that the nation's intelligence agency was behind the killing.

Local groups said they were "cautiously optimistic" after police made several arrests over the murder and revealed late last week they were interviewing fresh witnesses.

The backing is a turnaround for rights groups who have been scathing of police efforts since leading rights campaigner Munir Said Thalib died on a Garuda flight to Amsterdam after his drink was laced with arsenic.

Indonesian President Susilo Bambang Yudhoyono has come under pressure to reopen the investigation after the only person charged over the murder, Garuda pilot Pollycarpus Priyanto, had his conviction quashed
by the Supreme Court late last year.

The ruling prompted an outcry from the groups and Munir's widow, already concerned about a cover-up because of links to intelligence agency BIN.

But Rafendi Djamin, coordinator of Indonesian Human Rights Watch Group, said the probe, reopened in January, was headed by one of Indonesia's chief detectives and was finally getting results.

"In the first investigation, BIN's involvement was not deeply looked at. But the current probe, with the arrest of the Garuda executives -- I see that it could lead to the masterminds, to those who gave the orders," Djamin said.

"They are the key witnesses to disclose BIN's involvement," he told AFP.

Earlier this month, police arrested the former head of Garuda and an ex-company secretary for questioning over alleged falsification of documents allowing an off-duty Priyanto to travel at the last minute on Munir's flight.

Police have also discovered that Munir was poisoned during a stopover at Singapore's Changi airport, rather than during the flight as originally thought.

Local media have reported police were questioning an Indonesian singer with alleged links to BIN over a meeting with Munir and Priyanto at Changi.

Activist Asmara Nababan said international pressure -- mainly from the United States and < http://search.news.yahoo.com/search/news/?p=European+Union>European
Union -- had prompted authorities to act.

"We see seriousness from the police, so now we see progress, even though not much. Especially with the finding of new evidence, that makes it possible to request a judicial review of the Supreme Court's decision that freed Pollycarpus," Nababan said.

Nababan was deputy head of an independent fact-finding team appointed by Yudhoyono in December 2004 to sniff out the murderer and masterminds.

He said much of the information that it discovered, including concerns about BIN involvement, was never acted on and its report never publicly released.

Munir, who was 38 when he died, had made numerous powerful enemies through his work during and after the rule of dictator Suharto, which ended in 1998, exposing rights abuses including in Papua and < http://search.news.yahoo.com/search/news/?p=East+Timor>East Timor.

27/04/2007: Japan to send 8 election monitors for East Timor's runoff presidential election

TOKYO: Japan will send 8 election monitors to East Timor to join an international team observing the country's runoff presidential election next month, the Foreign Ministry said Friday.

East Timor will hold a runoff presidential vote on May 9, after partial election results earlier this month did not result in a majority of votes for either of the two front-runners.

The Japanese officials will join other international staff to observe a runoff between Prime Minister Jose Ramos-Horta and Francisco "Lu-Olo" Guterres of the Fretilin party, a Foreign Ministry statement said.

Japan had sent 14 monitors to observe East Timor's April 9 elections.

Earlier this year, Japan sent two civilian police officers to East Timor in response to a United Nations request for help with peacekeeping operations.

In 2002, Japan sent military personnel to East Timor as part of a U.N. peacekeeping operation that helped build up the world's newest country after its violent birth.

That two-year mission involved about 700 military personnel who helped rebuild roads, bridges and other infrastructure in East Timor during its transition to independence after almost a quarter-century of Indonesian occupation.

27/04/2007: Wiranto to face East Timor questions

The former head of Indonesia's Armed Forces will face questioning about the violence surrounding East Timor's historic 1999 vote for independence at a public hearing in Jakarta next week.

General Wiranto will be one of 16 witnesses to front the East Timor Indonesia Commission of Truth and Friendship (CTF) in Jakarta, at its third public hearing.

CTF spokesman Chalief Akbar said the retired general, who contested the 2004 Indonesian presidential elections and was indicted in absentia by a Dili court in 2003 for crimes against humanity, will appear on the final day of the four day hearing.

Wiranto told Indonesian news portal detik.com earlier this month he "asked to be invited" to the commission.


"All this time, there has been manipulation of the information about what (Indonesian officers) did during the referendum," he told the internet news site.

"This will be a good opportunity for me to tell what really happened there."

The CTF was formed by the presidents of Indonesia and East Timor to foster friendship by establishing a conclusive truth about the 1999 violence in East Timor in which 1,500 people were killed, mainly by pro-independence militia linked to Indonesia's army.

However, human rights groups have been critical of the commission, which has the power to recommend amnesties for perpetrators of human rights violations in exchange for their cooperation.

Others to testify next week include former Indonesian police chief in East Timor Timbul Silaen, as well as a number of victims of the violence, Akbar said.

However, CTF Commissioner Achmad Ali said the former head of the UN mission in East Timor Ian Martin had rejected an invitation to attend because of his current UN commitments.

Mr Martin is currently the head of the UN's mission in Nepal.

Several high-ranking Indonesian military officials have accused the UN of bias during the 1999 referendum.

The hearings will come just days before the second round of East Timor's presidential elections, with Fretilin's Francisco Guterres "Lu Olo" and current Prime Minister Jose Ramos Horta both vying for the largely ceremonial post as head of state of the fledgling nation.

27/04/2007: Indonesian police say closing in on Munir killers

Indonesian police said Friday they were closing in on the masterminds of the murder of a respected rights activist who died from arsenic poisoning on a flight to Amsterdam.

Police revealed they knew who carried out the killing of Munir Said Thalib, whose drink was laced in 2004 during a stopover at Singapore's Changi airport, as well as the motive.

"We know the motive behind the murder and we are now investigating who was the mastermind behind it," national police spokesman Sisno Adiwinoto said.

Police have reopened the Munir investigation after the murder conviction of Garuda airlines pilot Pollycarpus Priyanto, the only person charged over his death, was quashed by the Supreme Court last year.

Adiwinoto said new evidence would soon be submitted to the attorney general to support a judicial review of the case.

Earlier this month, the former head of the national carrier and another former Garuda executive were arrested for questioning over the falsification of documents that allowed off-duty Priyanto to travel on Munir's flight.

Police said Thursday they were interviewing fresh witnesses in the case.

The Indonesian government has come under international pressure over the case amid concerns of footdragging over the investigation because of links to the country's national intelligence agency.

Munir made powerful enemies through his campaigning during the rule of former dictator Suharto. He had worked to expose military involvement in human rights violations, including during < http://search.news.yahoo.com/search/news/?p=East+Timor>East Timor's 1999 vote for independence from Indonesia.

Separately Friday, Priyanto said he had sent letters to President Susilo Bambang Yudhoyono and the attorney general protesting the review of the case.

"We hope the attorney general will cancel his plans to review my case because there is no basis for it," he told reporters.

His lawyer Adnan Wirawan outlined at a press conference a range of legal reasons in the letter against the review.

"We support Munir's family's efforts to find who killed him, but we are afraid innocent people are being accused (in the process)," said Wirawan.

Priyanto was released from prison in December after receiving three months' remission on his sentence for a different charge.

24/04/2007: Indonesians Sentenced For Baltimore Gun Scheme

BALTIMORE Two Indonesian citizens were sentenced to more than a year in prison Tuesday for their role in a conspiracy to smuggle sophisticated military devices to the Indonesian military, the U.S. Attorney's Office announced.

U.S. District Judge Catherine C. Blake sentenced Reinhard Rusli, 35, and Helmi Soedirdja, 33, to a year and a day in federal prison after the two men pleaded guilty to attempting to illegally export night vision devices and money laundering.

They will be deported after they complete their sentences, prosecutors said.

Prosecutors said the men sent $2,950 from Indonesia to the United States to purchase the night vision equipment and a holographic weapons sight, which contain military technology that is prohibited from export without State Department authorization.

Co-defendant Haji Subandi, 70, a citizen of the Republic of Indonesia, pleaded guilty on March 8 and faces up to 10 years for attempted exportation of arms and munitions. He is scheduled to be sentenced June 15.

The defendants are among a number facing charges in the case.

In March, an Indonesian arms dealer pleaded guilty to conspiring to export guns, surface-to-air missiles and other military hardware to a terrorist group known as the Tamil Tigers.

The Tamil Tigers have been fighting since the 1970s for a separate state on the Indian Ocean island of Sri Lanka.

The group was added to the U.S. State Department's list of foreign terrorist organizations in 1997. The designation bars the group from raising money, obtaining weaponry or lobbying for support in the United States.

17/04/2007: Constitutional Court judge a lifetime duty: Analysts

Any revisions to the Constitutional Court law should be focused on minimizing the influence political powers have on the court's judges, observers told a discussion here Monday.

One possibility, they said, would be changing the selection mechanism concerning the court's nine judges who have the final say on a range of issues including the annulment of laws, dissolution of political parties, election disputes and impeachment of the government.

The discussion coincided with the launch of a book by German analyst Petra Stockmann titled The New Indonesian Constitutional Court.

The book details the history of the court and the author praises it as being one of the country's revolutions in law. In the book Stockmann also predicts future challenges the court may face.

Noted lawyer Todung Mulya Lubis said being a judge at the court should be a position held for life rather than the current five-year tenure for candidates determined by the President, the Supreme Court and the House of Representatives.

„The mechanism we have now spawns intense political bias and certain political rewards will ensue sooner or later. We need this court to be totally independent and be responsible to none other but the law,“ he said.

A feasible selection model, Todung said, would be the President selecting judges to undergo suitability and feasibility tests at the House.

Once nine judges were selected, he said, the position would be a lifetime commitment. A replacement would be sought if one of the judges died or resigned.

„The judges wouldn't have to be indebted to political parties and there would be consistency in terms of interpreting the Constitution because there wouldn't be different judges every five years,“ Todung said.

The director of the Foundation of the Indonesian Legal Aid Institute, Patra M. Zen, shared similar views, saying that such a system would distance judges from political intervention.

University of Indonesia analyst Arbi Sanit said proof judges were subject to political influence lies in a Constitutional Court verdict maintaining an article in the law on political parties that states political parties can dismiss their members in the House.

Plans to revise the 2003 law emerged after court verdicts annulling parts of laws concerning the Judicial Commission, the Commission on Corruption Eradication and Truth and Reconciliation Commission.

House member Benny K. Harman said revisions to the law would be predominately aimed at cutting back the jurisdiction of the court.

„Many House members feel that it is inappropriate that nine judges have the power to annul a law that has been worked out by hundreds of House members and the government,“ he said.

Such a move could lead to deliberations at the House to create another body to monitor the court, Benny said.

According to observers, another possibility would be for the court to only have the jurisdiction to review regulations that were essentially against the Constitution.

 

Indonesia needs a free press and an independent judicial system to become a stable democracy and to be able to prosecute past human rights violations, a visiting German legal expert says.

Former president of Germany's Federal Constitutional Court Jutta Limbach said Friday that Indonesia was in a transition phase from dictatorial rule to democracy.

"The first important element for a stable democracy is a real free press," Limbach told a public discussion held by the Commission for Missing Persons and Victims of Violence (Kontras).

The Indonesian media became a free press when the New Order regime ended in 1998 and the publication permit was dropped. 
Limbach, currently the president of German cultural agency the Goethe-Institute, added that improving the wellbeing of judges was important for the independence of a judicial system.

"Justices must get appropriate salaries so they're not tempted to take money from others. Moreover, you must establish a good pension system for all judges," she added.

Limbach compared the issue to Germany's experience in prosecuting Nazi war criminals, which took a long time before bearing results.

"We needed much time for the German judiciary to prosecute criminal offenses (by Nazi members) at concentration camps during World War II.

"At first, many of those who wanted to bring them to justice felt discouraged because they felt they hadn't enough support. At the time, charging former politicians had its own risks and prosecution could result in a civil war."

Jutta, who headed the German Constitutional Court from 1994 to 2002, said that victims and perpetrators had to discuss together what had happened in the past so the culprits could have amnesty.

Meanwhile, Kontras chairman Usman Hamid said that it was still difficult for Indonesia to become a stable democracy because of the strong grip of the Indonesian Military during the New Order era.

"The military doctrine of the New Order regime was that they were the protector and stabilizer of the country. Secondly, they also controlled the business. They have become deeply rooted and embedded," Usman said.

Prejudices toward Indonesian people with communist affiliations were still present, he said, especially among the political elite.

Usman said that Indonesia had to follow the example of Germany in handling past human rights abuses.

"Germany needed three decades to prosecute their war criminals. Indonesia actually requires a shorter period if we want to because we already have fundamental human rights in our 1945 Constitution."

The rights enumerated in the Constitution include the right to life and the right to equal treatment under the law.

Many perpetrators of human rights offenses in Indonesia, such as the kidnapping and killing of activists and students in 1998 as well as the murder of human rights activist Munir Said Thalib, are yet to be brought to court.

Usman said that one of the hardest aspects relating to human rights abuses was forgiving.

"Germany needed two generations to heal the wounds of the past," he added.

13/04/2007: The European Commission welcomes the peaceful development of the Presidential elections in Timor-Leste

The European Commission welcomes the high participation and the peaceful development of the first round of the Presidential elections in Timor-Leste. The European Commission considers these elections, which will be followed by the Parliamentary elections later this year, as a fundamental step in the process of consolidation of the Timorese democracy and of the Timorese institutions. European Commission President José Manuel Durão Barroso hailed the strong attachment to democracy shown once again by the Timorese people in the first general elections organized by national institutions: "I was heartened to see the orderly and peaceful manner in which long lines of people waited to cast their votes and I hope that this calm will prevail going forward, allowing the democratic will of the Timorese people to be expressed in peace and security."

The EU has deployed an Election Observation Mission (EOM) to Timor-Leste to observe the Presidential and the Parliamentary elections. The Preliminary Statement delivered by the mission praised the openness and peaceful conditions in which the elections have been held. The Preliminary Statement acknowledges that "the elections were generally smoothly conducted by the Timorese electoral authorities in spite of the difficult terrain and logistics challenges". Even though the official results are not yet available, the provisional data show a neck-and-neck race among several candidates and allow foreseeing a run-off between the two strongest candidates.

"The fact that we have deployed an EU mission to observe these first general elections after independence confirms our strong support to Timor-Leste on its difficult path of building a nation. We are convinced this mission, under the leadership of Chief Observer Javier Pomés, made an important contribution and their findings will be useful to the Timorese institutions for the next round and the forthcoming Parliamentary elections. I am confident that all parties will accept the outcome", said the European Commissioner responsible for external relations, Benita Ferrero-Waldner.

This mission together with an assistance for the organization of elections of ? 1.5 million out of its institutional capacity building programme under the 9th European Development Fund confirms the EU's strong support for the electoral process in Timor-Leste. We also acknowledge the role of the international community, in particular UNMIT, in helping to prepare and organize the election and creating a reassuring environment. This was fundamental in order to give the election results credibility as the true reflection of the democratic choice of the Timorese people and as an important step to overcome the current political crisis of the country", stressed Louis Michel, the Commissioner responsible for development and humanitarian aid.

For more information:
http://ec.europa.eu/comm/external_relations/east_timor/index.htm

12/04/2007: Ramos-Horta Demands ETimor Vote Recount

East Timor presidential runoff candidate Jose Ramos-Horta said Thursday the United Nations should explain why 30 percent of voters did not cast a ballot in the first round and demanded a recount.

"It seems like at least 30 percent of voters did not vote," he told reporters. "Why? I don't know."

"There has to be an investigation," the tiny state's current prime minister said. "I ask the UN for an explanation."

The presidential contest is scheduled to be decided in a May 8 runoff between Ramos-Horta and the ruling Fretilin party's Francisco Guterres after a tight first round, held on Monday, ended in stalemate.

The poll was the first presidential election since East Timor's independence in 2002 and was described by international observers as generally open, orderly and peaceful.

But Ramos-Horta said it was an open question why more than 150,000 people did not vote from about 520,000 registered to cast a ballot.

"Were they intimidated or simply did not show up?" he asked, adding many people had doubts about the election in the former Portuguese colony.

"I think there should be another count," said Ramos-Horta, who shared a Nobel Peace Prize for championing East Timor's cause when it was occupied by Indonesia from 1974 to 1999.

Five losing candidates from the eight who stood to replace President Xanana Gusmao have also demanded a recount, alleging the election was undermined by intimidation, problems with the count and other issues.

"Today I heard that several boxes of ballot papers were found last night, from Dili, that had not been counted," Ramos-Horta said, referring to East Timor's capital.

The poll was organised by local officials and observers reported a high turnout from Timorese desperate to end the poverty and bloodshed that has scarred their young nation.

"I will have to evaluate myself whether the UN here has done what they should have done to assist the East Timorese in having fair elections, or were they too marginal -- too passive and watching?" Ramos-Horta said.

Guterres, the former guerrilla popularly known as Lu Olo, took 28.79 percent of the vote and Ramos-Horta 22.6 percent, according to provisional figures from the national election commission.

Foreign peacekeepers have been on the streets of East Timor, formally known as Timor-Leste, for nearly a year after gang violence left 37 people dead and sent 150,000 fleeing their homes in April and May 2006.

Gusmao won a pre-independence poll following East Timor's bloody split from Indonesia in 1999 and has set his sights on the more powerful job of prime minister.

---------------------------------------

Ramos-Horta, Guterres face run-off election
The Jakarta Post
Thursday, April 12, 2007

All 13 districts in Timor Leste finished vote counting Wednesday, with Fretilin's Francisco Guterres Lu `Olo and Prime Minister Jose Ramos-Horta taking the largest portions of the vote.

They will now face each other in a run-off election on May 8 as no candidate garnered more than 50 percent of the primary vote.

The Timor Leste Election Commission (CNE) announced that out of the 357,766 valid votes cast, Guterres of the ruling Fretilin Party obtained 103,013, or 28.79 percent, followed by Ramos-Horta with 80,851 votes or 22.60 percent and the Democrat Party's Fernando de Araujo Lasama with 66,261 votes or 18.52 percent.

Francisco Xavier do Amaral and the only female candidate, Lucia Maria Lobato, are in fourth and fifth place with 12.82 percent and 9.24 percent respectively, while the three other candidates each have less than 5  percent of the vote.

"By four o'clock this afternoon, we officially closed the counting at the district level, and came up with Francisco Guterres as the winner, followed by Jose Ramos-Horta in second place," CNE spokesman Martinho da Silva Gusmao told a press conference here Wednesday.

Gusmao could not provide final figures on the total voter turnout and invalid votes, but said that with the number of eligible voters in the country standing at 522,933, the percentage of valid votes to eligible votes was 68.42 percent.

He said that starting Thursday the CNE would begin a national tabulation to verify the results of the counting at the district level, and would have complete and final figures in the coming days.

"However, there is little possibility of significant change. It is almost likely that Lu `Olo and Ramos-Horta will be advanced to the second round," Gusmao said.

Meanwhile five other candidates -- Lasama, do Amaral, Lucia Lobato, Avelina Coelho and Manuel Tilman -- demanded that the CNE stop vote counting until all ballot boxes were secured in one place and continue counting in the presence of the eight candidates because they had found many irregularities during the voting and counting process.

"We have facts of fraud and irregularities. We will not accept the CNE's counting results unless they follow our demands. If the CNE proceeds with the current process then we will challenge the election results in court," Lasama told a press conference.

However, the EU Election Observation Mission for Timor Leste, the largest foreign observer for the election, announced that it had not found any irregularities that seriously undermined the credibility of the election.

"The Timorese people have expressed their democratic choice in peaceful and open elections. Conducted by Timorese for the first time, the challenge ahead is to strengthen national institutions," EU observation mission chief Javier Pomes Ruiz told a press conference on the preliminary assessment of the election.

Later in the afternoon, Ramos-Horta expressed confidence that he would win the run-off election with Fretilin's candidate.

"Not only will I get votes from the supporters of all other candidates, I can also obtain support from moderate members of Fretilin," he told reporters.

Political advisor to Guterres Harold Moucho was also confident that Guterres would win the run-off.

"There are more than 90,000 invalid votes, and we believe that they belong to us. We are also sure that part of the supporter base of do Amaral and Tilman will vote for us. It remains to be seen whether Lasama's supporters will vote for us but these people don't want to lose for the second time so they will pick the strongest one," he told The Jakarta Post.

12/04/2007: E Timor to hold parliamentary election in June

East Timor`s President Xanana Gusmao said Wednesday the troubled nation will hold parliamentary elections on June 30, after his successor is selected in a runoff vote.

Gusmao chose not to stand for re-election in the impoverished nation`s April 9 presidential poll, which will be decided in a runoff on May 8 after candidates failed to win a majority.

The charismatic former guerrilla leader has said he will run for the much more powerful job of prime minister. The presidency is a largely ceremonial office in East Timor.

Gusmao intends to join a new party, the National Congress of Reconstruction of Timor, to contest the June poll.

He faces a formidable obstacle in East Timor`s ruling Fretilin party, whose presidential candidate Francisco "Lu-Olo" Guterres is through to the May runoff and will most likely face Jose Ramos-Horta, the current premier.

The presidential election is being seen as a trial run for the June 30 poll, AFP reported.

11/04/2007: Important Points for Electoral Reform and Legal Implementation in Timor-Leste.

The Asian Network for Free Elections (ANFREL) congratulates the people and the government for the peaceful Presidential Election held on the 9th April 2007. The observers appreciated East Timorese people for their positive will for democracy and good cooperation to the all 15 Election Commissioners from CNE and the management team from STAE. The observers also noted the remarkable high voter turn out.

ANFREL admired the hard work of polling officers at all polling stations who worked from the evening before the polling day till night of the Election Day and the non-governmental organization i.e. KOMEG, human rights NGOs and all the other groups of international observers. ANFREL would like to also commend the effective work from UNMIT and UNPol, who worked rapidly to solve all potential violence that could take place during the campaign and counting period.

ANFREL still would like to see some more development regarding the democratic future, holding of free and fair elections for the coming Parliamentary election, it takes the opportunity to point out some aspects for further consideration and discussion in Timor-Leste and among the other Asian democratic countries.

The Election Administration

*        It would be important to have a fully independent management body (STAE) and its accountability under the CNE without any involvement of Ministry of State Administration. This is to avoid the influence of politicians and government officers from the ministry. The budget can be allocated to STAE through independent body.

*        CNE should be able to make a decision for electoral system, electoral process and the decision to design the ballot paper and other electoral tool/facilities, without the consideration of the parliament or politicians.

*        Declaration for the date of all elections should be authorized by CNE.

Voter Registration

*        In order to ensure the right of the voters, STAE should pay more attention and increase its efforts to assist people in rural and conflict areas and the IDPs to register themselves in the electoral rolls.

*        Increased awareness for voter registration and its processes is needed, it was evident that the ongoing efforts had not produced the desired results as some voters did not know how and where to register and some of them even came to the polling stations with UN registration cards which could be used for this election.

  Voter Education

*        Considering the high number of illiterates in East Timor and the mistaken done at the polling stations on the 9th April, we encourages STAE and NGOs network in all districts provide adequate education programs to people.

*        It was found that voters do not understand the pictures that were shown on the posters, stickers etc. Face to face education can be a better strategy for the next elections to reach them in an effective manner for voter education.

Campaign Process

*        To create a fair competitive environment for all candidates, it is important to enforce the law and to punish those government officials who take government's facilities, vehicle and staff to support the campaign of some specific candidates or parties.

*        Political parties should follow the campaign schedule set by the STAE and should not arbitrarily change the date and the place which could result in confrontation with another party. Changing the campaign schedule and place could lead to violence as it was in the Presidential election.

*        For the fairness of all candidates, STAE and CNE must consider setting a ceiling of campaign expenditure, to limit the rich candidate/party, towards over spending, when some of the financially poor candidates do not have the same chance. ANFREL noted the positive provision in Timor-Leste, where the government has already provided 20,000 dollars in cash for each candidate for their campaign and the UNDP gave each about 10,000 dollars in kind for campaign material.

*        The candidates should not take "black campaign" strategy to gain their popularity and should not attack other candidates with false rumors. Educating people can be done by emphasizing on their social, political and economic policies, so people can consider choosing the good leader from their right judgment.

*        Since political campaign is always risked with conflict and violence, candidates and party agents should not take children for political activities, even though they may voluntarily joined the campaigns or they were hired with low pay.

  Intimidation

*        ANFREL calls on all stakeholders and those who decline their rights to vote, to respect the rights of voters and vulnerable people.

*        The supporters, canvassers, members and party agents should not assist the candidates with unethical means i.e. intimidation, harassment, setting a condition, discrimination, revenge etc. All candidates should perform their potential leadership with passion and ability to unite the country; they should not win the election while creating more conflict and hate.

  Polling Process

*        Poll officers need more civic education for effective working process. This is in order to implement the electoral work and activities in the same manner at all polling stations.

*        The electoral process on the 9th April had been conducted slowly. There is a need to increase the poll officers to six persons in each polling station and increase the ballot boxes for some areas which have large constituency population to cater too, this will decrease the time for voters to wait for their turn to vote and will also facilitate in decreasing the long queue's taking place.

*        To prevent multiple votes or double votes, STAE should view the list of voters from the code of voter card that officer note down in the book, before allowing the voter to take the ballot paper. This is to check if there are any code numbers double or multiple in the signed list. Those who use passport to vote can also use old voter or new voter cards to vote.

*        Voter's index fingers needs to be examined to also check for any person who is trying to indulge in bogus voting. It was noted that most polling stations did not check the voter's index finger, whether it was already inked. Multiple/double voters should be punished or fined when detected.

Counting Process

*        There should have only one pattern for the counting process in all polling stations.

*        To save the time of counting, it is not necessary to classify the valid and invalid ballot papers before counting the number.

*        Counting can be done directly and singled out invalid ballot paper can be part of the process; there is no need for duplication of efforts resulting in double work.

*        Counting should not be done in the dark room, but in a well lit area, where people, media and other interested parties can observe the process taking place in complete transparent manner following all the due process.

*        For the security reason, a counting process at counting center still is recommended for all elections.

  Media

*        During the electoral period, local TV and radio programs should be free from any influence of any specific power.

*        The local and foreign media should provide the public with impartial, fair and equal information of all candidates and not focus on some famous candidates only.

11/04/2007: Timorese punish ruling Fretilin

VOTERS have rebuffed East Timor's ruling Fretilin party in presidential elections, with the Prime Minister, Jose Ramos-Horta, last night polling strongly in unofficial counts amid Fretilin complaints of foul play.

In a shock for Fretilin's leaders, who have been in power for five years, their candidate Francisco "Lu-Olo" Guterres polled poorly in many  parts of the country, including some eastern towns and villages where the party won landslide votes in previous elections.

Early vote counting had indicated that Mr Guterres was struggling to win enough votes to contest a run-off election with Mr Ramos-Horta, who swept the polls in the capital, Dili. Analysts said it was likely that Mr Ramos-Horta would face a run-off in one month with either Mr Guterres or Fernando "Lasama" de Araujo, head of the reformist, youth-based Democratic Party.

But a Fretilin spokesman, Filomino Aleixo, said last night that Mr Guterres was leading with 40 per cent of the vote with 214,000 votes counted. "This is our estimation - our candidate has the highest percentage," Mr Aleixo said.

Throughout yesterday election officials and representatives of other candidates had said that Mr Guterres was running third in the count. Even if Mr Guterres won 40 per cent of the final vote, he would still be forced to contest a run-off election.

Under East Timor's presidential voting system the two candidates with the most votes must contest a run-off if one candidate does not win 51 per cent in the first round.

Mr Ramos-Horta declined to comment on the result until it has been formally announced, which may not be until Saturday.

"It seems that I have swept Dili and other places . I have not been updated fully," Mr Ramos-Horta, a Nobel peace prize winner, told the Herald."I'm happy with the election, which was a lesson in democracy and civility by the poor and illiterate . It serves as a lesson in civility for our leaders."

Before the vote, Mari Alkatiri, Fretilin's powerful secretary-general, had refused to even consider the possibility that Mr Guterres would not win an outright majority in the first election organised by East Timor since the country achieved independence in 2002.

But at a school where both Mr Alkatiri and Mr Guterres voted on Monday, Mr Ramos-Horta won 440 votes while Mr Guterres received only 191. At another Dili polling booth, Mr Ramos-Horta received 2093 votes while Mr Guterres got only 144.

Fretilin officials claimed at the news conference in Dili that the election had been marred by voter manipulation including the destruction of some ballot papers.

Mr Aleixo said the party would complain that thousands of voters did not get the chance to vote because arrangements were not in place, including more than 8000 people in the Oecusse enclave.

"We are preparing papers to submit formal complaints," Mr Aleixo said.

Asked if the party intended to protest over the overall result, Mr Aleixo said: "Why not".

Many voters who queued in the sun for hours on voting day said they wanted to see leaders who could put an end to violence and help provide jobs in Asia's poorest nation.

Mr Ramos Horta, who replaced Mr Alkatiri as prime minister during last year's violence, wants to see the outgoing President, Xanana Gusmao, elected prime minister after forming a party to contest the parliamentary elections.

10/04/2007: Australian Observers Hail East Timor Vote

The head of an Australian observer group Tuesday hailed East Timor's first presidential election since independence in 2002 as peaceful and transparent.

Member of parliament David Tollner said he had received no reports of violence or intimidation of voters and had been "extremely impressed" with the overall conduct of the vote.

"It's very difficult, of course, to get information from across Timor," he told the Australian Broadcasting Corporation from Dili.

"But certainly everything that we've seen has been very peaceful and orderly and well run.

"People treated the election process almost reverentially. At one place we were at, people were lined up -- literally 400 people in a line, breast to back -- like sardines in the hot sun for three hours to vote, and there was no tension there at all."

Tollner defended the time taken to count the votes.

"It is taking a long time, there's no doubt about that, but I have to say the system is extraordinarily transparent. It's transparent to the point where it's rather boring," he said.

"On one hand people complain it's taking too long, but on the other hand there should be no doubt about the results when they come through."

UN Secretary General Ban Ki-moon has also hailed the conduct of the elections, calling the process "an important step on the path to peace and stability."

Vote-counting began in the former Portuguese colony Monday after a peaceful presidential election which raised hopes for an end to the cycle of violence that has gripped the nation.

More than half the population of about one million was registered to vote in the election to replace the charismatic former guerrilla leader Xanana Gusmao.

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Australian Broadcasting Corporation
April 9, 2007
East Timor Holds Peaceful Election
Reporter: Anne Barker

Despite UN predictions of violence, the landmark presidential poll in East Timor went smoothly.

TONY JONES: Fears of widespread violence predicted for today's presidential elections in East Timor have proven to be unfounded. While there were some clashes during the campaign, polling day appears to have passed peacefully. The United Nations says there have been no major incidents, as tens of thousands of East Timorese turned out to cast their votes, but concerns remained that violence could erupt when the result is officially announced later this week. Anne Barker has this report from Dili.

ANNE BARKER: They came early and waited hours. Even before the polls officially opened, the queues were growing. By mid morning, long lines of people waited patiently in the stifling heat but nothing could stifle their enthusiasm as half a million Timorese voted for the first time as an independent nation. One of the first to vote was the man many tip to win. His finger tipped in indelible ink, just in case he tried to vote twice. Jose Ramos Horta wants to swap the prime ministership for the presidency, but win or lose he says he'll be happy.

JOSE RAMOS-HOPRTA, EAST TIMOR PRIME MINISTER: If they decide, in their centuries old wisdom, that I should have a long retirement plan, that after more than 30 years of serving them I should retire, I'll be more than grateful.

ANNE BARKER: But his main rival, Fretilin's Lu Olo, has no plans for retirement. As he cast his own vote, he was adamant he'll win.

Regardless of their political differences voters were united in wanting a president who can restore stability and peace.
MAN: It is the time to change the system in, judicial system, government system.

MAN: Many leaders, they cannot solve the crisis, even those leaders that we trust.

ANNE BARKER: Even the outgoing president had to wait his turn to vote but he wouldn't be drawn on who should replace him.

XANANA GUSMAO, EAST TIMOR PRESIDENT: We will see.

ANNE BARKER: UN authorities had worried political violence in recent weeks would spill over at the ballot box. Thousands of police were posted to polling booths around the country, in case of trouble. Australian soldiers too were on patrol, using choppers to distribute ballot papers in remote areas, but, while voting went smoothly, Australia is still playing cautious.
ALEXANDER DOWNER, FOREIGN MINISTER: I hope very much the people of East Timor recognise the results of the elections and accept the results of the elections. And if they can do that then and the situation can calm down, then, in time, we can start reducing our troop numbers.

KEVIN RUDD, OPPOSITION LEADER: We're going to have to ensure that Australian troops remain on the ground in East Timor for some considerable time to come.

ANNE BARKER: Counting of the vote began as soon as the polls closed at 4 o'clock. An official result won't be known for days but, unofficially, the candidates and parties expect to know even tonight whether there's a clear winner. If there isn't, East Timor will be back at the ballot box next month for a run-off election between the two top candidates.

Terjemahan (atas jasa "Kataku"):
http://66.114.70.144/cgi-bin/terjem.rex?Australian_Observers_Hail_East_Timor_Vote___Transcript_-70409001

Former Indonesian Military chief Gen. (ret) Wiranto said Wednesday he was ready to attend a hearing at the joint Indonesia-Timor Leste Commission for Truth and Friendship (CTF) to explain the facts behind the deadly violence that occurred before, during and after the Aug. 30, 1999 independence referendum in the former Indonesian province

"I even asked to be invited to be questioned by the commission," Wiranto told the news portal detik.com

"All this time, there has been manipulation of the information about what (Indonesian officers) did during the referendum. This will be a good opportunity for me to tell what really happened there," he said Wiranto dismissed allegations that the military (TNI) was involved in the East Timor violence

"It was impossible for the TNI to conduct those violations by design," said Wiranto, who admitted some troops may have been involved in misconduct during the new nation's transition period, without the direction of the military leadership  Wiranto is scheduled to be summoned by the CTF for the third phase of hearings next month.

 

3/04/2007: Alliance Continues to Struggle for Justice

The Timor-Leste National Alliance for an International Tribunal (ANTI) is an advocacy network which includes student groups, families of victims, non-governmental organizations, and individual who interest in justice.

This network was formed in July 2002, to campaign for and demand justice for the victims and for all the people of Timor-Leste.

Crimes committed by Indonesian security forces and their militias in Timor-Leste in 1999 were crimes against humanity, therefore all the perpetrators of these crimes should be brought before a fair and credible court. This conclusion is already embodied in article 161 of the RDTL Constitution as well as in international law.

Therefore, the Alliance for International Tribunal struggles against all international, regional and national actions which obstruct justice. As we struggle for justice, the Alliance has faced many obstacles including the absence of political will for justice among many people in authority. They prefer to promote good relations through friendship and reconciliation, reaching out to people with blood on their hands who have yet to face justice.

Based on this reason ANTI held three days of Strategic Planning on 20-22 March 2007, resulting in this joint declaration that ANTI will continue to:
“Struggle for an International Tribunal with the objective to provide justice which is fair for all the people of Timor-Leste, especially for the victims, and to reject totally all attitudes and policies which promote impunity in Timor-Leste and anywhere in the world.”

The Alliance for International Tribunal demands:

International Community:
The UN must not wash its hands of the problem of crimes against humanity 1999 in Timor-Leste, because UN accepted responsibility to facilitate the popular consultation here and gave security responsibility to the Indonesian government.
The UN Security Council should immediately follow up the recommendations from UN Commission of Experts.
The permanent and non-permanent members of the UN Security Council should support justice rather than legitimize the criminals and promote impunity in the world.
We ask the United States, Australia, England, Indonesia, which supported Indonesia's invasion of Timor-Leste, to face the court and make reparation to the victims.
We ask for support from community and regional and international solidarity organizations.
The State of Timor-Leste The National Parliament should enact a resolution to implement the final report of CAVR, following the normal process to enact legislation in Timor-Leste.
We ask the National Parliament and the President of the Republic to review the context of draft Amnesty/Clemency which is currently being debated in the plenary of Parliament, and not to pass or promulgate it. This law itself will promote impunity and ignore justice which the people of Timor-Leste demand.
The state needs to define policies which can support the victims of 1999, rather than worry about their own well-being as in the pension laws for ex-Parliamentarians and ex-office-holders.
Public
We ask to the public to support ANTI in the struggle for fair justice for all the people of Timor-Leste. Based on ANTI's observation, crimes continue to be committed in Timor-Leste, because the state lacks the political will to establish justice. For example, the main perpetrators of crimes against humanity in 1999 remain unpunished and there is no adequate mechanism to address them. Injustice continues because there is no process to bring those who committed them to justice.
We ask to the public to urge all the presidential candidates who are now campaigning to prioritize justice the most important factor in moving our country forward. We ask this not only of candidates for president, but also for the national parliament election. To all our victims, we must not be tired or give up the fight for our rights and for fair justice for everyone.
Dili, 22 March 2007

Members of National Alliance for an International Tribunal:
·   Student Representatives: Sisto do Santos & Francisco Mariano
·   Representatives of Victims' Families: Maria Afonso & Edio Saldanha
·   Representatives of Non Governmental Organizations: Yasinta Lujina, La'o Hamutuk & Nugroho Kacasungkana, Instituto Educasaun Popular

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ALIANSI NASIONAL TIMOR LESTE BA TRIBUNAL INTERNASIONAL
Knua FONGTIL, Caicoli Dili, Timor Leste
Aliansi Kontinua Luta ba Justisa


Aliansi Nasional Timor Leste ba Tribunal Internasional nudar rede advokasia neebe forma hosi Estudantes, Familia vitima, ONG no individu neebe interese ba justica.

Aliansi hamriik iha fulan Julho de 2002, no halao kampanya hodi ijiji atu bele iha justica neebe justo ba vitima no povu Timor Leste tomak.

Kazu neebe akontese iha pasadu 1999, nudar kazu krime kontra humanidade, tanba nee autor sira neebe komete krimi tenki prosesu liu hosi Tribunal neebe forte no kredibel. Rajaun nee konsagra ona iha Konstitusaun RDTL artigu 161, nomos lei internasional sira seluk.

Tan nee mak Aliansi Nasional Timor Leste ba Tribunal Internasional luta hodi kontra kualker decizaun Internasional, Regional ou Nasional neebe hakarak impata justica ba vitima sira.

Iha prosesu luta ba justica, Aliansi infrenta obstaklu boot mak “laiha politika neebe diak hosi ukun nain sira kona ba justica” no promove liu relasaun diak, amizade no rekonsiliasaun hodi valoriza liman ran, ibun ran neebe mak to'o agora seidauk sei livre hela hosi justica.

Ho razaun nee mak liu hosi Planu Strategia Aliansi Nasional ba Tribunal Internasional, ba dala tolu neebe halao iha loron 20-22 de Marco de 2007, hamosu deklarasaun konjunta mak hanesan tuir mai nee.

Aliansi Nasional Timor Leste ba Tribunal Internasional sei ejiste hodi

“Luta nafatin ba tribunal internasional ho objetivu atu bele iha justica neebe justo ba povu timor leste liu-liu vitima sira no rejeita total kualker atitude ou politika hodi haburas impunidade iha Timor Leste.”

Aliansi Nasional Timor Leste ba Tribunal Internasional Ijiji :

Komunidade Internasional :
ONU labele Fase liman ba problema krime kontra humanidade neebe akontese iha Timor Leste 1999, tanba UN mak hola fasilita no responsabiliza konsulta popular no fo responsabilidade siguranca ba governo Indonesia.
Konselho Siguranca ONU atu lalais follow up rekomendasaun relatoriu komisaun ekspertu ONU nian.
Husu ba membru konselho siguranca permanente no la permanente, atu apoia ba justica duke valoriza kriminozu no hodi haburas impunidade iha mundo.
Husu responsabilidade Estadus Unidus, Inglatera, Indonesia atu responsabiliza hahalok hodi suporta invazaun Indonesia nian iha Timor Leste, hatan liu hosi tribunal no kria kondisaun hodi halo reparasaun ba vitima sira.
Husu apoia komunidade/organizasaun solidaridade rejional no internasional.
Estado Timor Leste
Parlamento Nasional atu hasai rezolusaun hodi follow relatoriu final CAVR nian tuir prosesu formal tuir lei neebe vigor iha Timor Leste.
Husu ba Parlamento Nasional, Prezidente Republika, atu hare fila fali kontiudu Lei Amnestia no klemensia neebe agora dadauk, sei iha plenaria Parlamento hodi labele ratifika no promulga. Tanba lei nee rasik atu haburas kroiminoju no halakon justica neebe povu Timor Leste ijiji. Preciza defini politika estado hodi favorese vitima sira liu hosi kompensasaun no reparasaun ba vitima 1999, duke preokupasaun ba Ukun nain sira nia an rasik hanesan “Lei pensaun ba Parlamento Nasional no Eis Titulares Orgaun soberanu”.
Publiku
Husu ba publika atu hamutuk ho Aliansi Nasional hodi luta no dudu atu bele iha justica ida neebe justo ba povu Timor Leste tomak. Tanba tuir observasaun Aliansi Nasional ba Tribunal Internasional, krimi neebe buras iha Timor Leste tanba Estado laiha politika ida neebe diak kona ba Justica. Ezemplo Kazu krimi kontra Humanidade iha tinan 1999, agora sei abandona hela no laiha mekanismu ida diak hodi rezolve. Injustica nee akontese bebeik tanba laiha prosesu ba ema sira neebe komete krimi iha pasadu.
Husu ba publiku atu ejiji ba kandidatura Prezidente nian neebe agora atu hahu kampanya bele koloka justica hanesan fator determinante ida hodi dudu prosesu nee ba oin. Laos deit ba kandidatura prezidente nian maibe refere mos eleisaun parlamento Nasional. Ba maluk vitima sira atu lalika baruk hodi luta ba direitu atu hetan justica ida neebe justo ba ita hotu.
Dili, 22 de Marco de 2007
Membru Aliansi Nasional Timor Leste ba Tribunal Internasional
Reprezentante Estudantes:
Sisto do Santos
Francisco Mariano
Reprezentante Familia Vitima :
Maria Afonso
Edio Saldanha
Reprezentante ONG:
Yasinta Lujina, La'o Hamutuk
Nugroho Kacasungkana, Instituto Educasaun Popular

03/4/2007: Judgment at the Hearing Did Not Reveal All the Facts

TEMPO Interactive, Jakarta: The hearing held last week by the Indonesia-Timor Leste Truth and Friendship Commission (KKP) is regarded as not yet having revealed all the facts that are related to the bloody incident post-referendum. "The collecting of data and opinion that we have carried out only covered one third of the facts," KKP Chairman Benjamin Kangkoedilaga told Tempo yesterday (2/4).

According to Benjamin, KKP is still collecting the facts by documentary research and hearing with many sides. "Including the victims. Some victims have been asked. For those who haven't, they will be," he said. Benjamin was hesitant to name the Indonesian civil and military officials who have been asked by the KKP.

Early last week, the commission asked for statements from several notables who are related to the post-referendum incident including Dili Bishop MGR Carlos Filipe Cimenes Belo; former Dili Regent Dominggos Mariadas Dores Soares; former President B.J. Habibie; former East Timor Military Regiment Commander Major General Tono Suratman and pro-integration figure Eurico Guterres.

Benjamin said he has not yet been able to make a conclusion out of these statements. He said that KKP will only complete its duty in August and its period will be extended until the end of this year. "At the end of its duty, then we will deliver the results," he said.

Patra M. Zen from the Indonesian Legal Aid Foundation (YLBHI) asked KKP to make a recommendation that takes sides on the victims. It is not adequate for the commission only to reveal the truth. In addition victims must obtain their rights, the commission must be able to reveal the involvement of Indonesian Military (TNI) leaders, Unamet, or other parties which are suspected to be responsible for the incident in 1999. "Because, the KKP's (investigation) result can be material for a legal measure," he said.

The notes will later be concluded in the commission's recommendation to the President so that it can be a standard for the government to make policies regarding Timor Leste.

02/4/2007: Rights groups slam truth body

A number of human rights monitoring groups have accused the recently-completed second phase of Indonesia-Timor Leste Commission of Truth and Friendship (CTF) hearings of having distorted facts regarding human rights violations that occurred during Timor Leste's 1999 referendum.

"The CTF has deconstructed rather than reconstructed the existing findings collected previously," the head of the Commission for Missing Persons and Victims of Violence's impunity division, Haris Azhar, said Saturday.

He said the CTF had ignored data gathered collectively by the Indonesian National Commission of Inquiry into Human Rights Violations in East Timor in 1999, Timor Leste's Commission for Reception, Truth and Reconciliation and the UN's Special Panel for Serious Crimes.

The groups, which have joined forces to raise an "alternative" voice in parallel to the second phase of CTF hearings, said the original aim of the hearings had been distorted to keep several political players from both countries secure.

They said more "actors" and policy makers were present at the hearings than victims.

"Eurico Guterres, a pro-Indonesia militia leader, spoke a lot about (events) in 1959 and 1975 rather than focusing on events in 1999. The hearing of former president Habibie was also unfair because they had a closed-door meeting."

The groups claim the CTF has strayed from its original mission of disclosing the truth of human rights violations during the 1999 referendum. The second phase of hearings was completed Friday.

Khoirul Anam, deputy coordinator for the Human Rights Working Group, said information concealed during the hearings could be used as a basis for a reform of the Indonesian Military (TNI).

The testimonies of actors have turned the United Nations Mission for East Timor (UNAMET) into a scapegoat, he said.

"The CTF should reject the data they gathered during the public hearing, as they failed to focus on human rights abuses," said Agung Yudhawiranata, networking coordinator for the Institute for Policy Research and Advocacy.

The group noted that the testimony of Yenny Rosa Damayanti, a member of a referendum monitoring group, differed from statements made by (ret) Gen. Zacky Anwar Makarim, who blamed UNAMET for sparking the unrest.

Yenny said she regretted that UNAMET lost its dignity through its failure to maintain a non-violent approach during its running of Timor Leste's administration.

Taufik Basari, a legal director at the Foundation of the Indonesian Legal Aid Institute, said his organization would send letters to the presidents of Indonesia and Timor Leste, as well as to the UN, signaling the need to question more victims and less policy makers.

"They can start by changing their method of conducting the hearings," he said.

Several other rights watchdogs, such as Forum Asia and the People Empowerment Consortium, are among the organizations involved in the
unified group.

Political observer Ikrar Nusa Bakti of the Indonesian Institute of Sciences said it would be difficult to uncover the truth behind the incidents and violence that surrounded the Aug. 30, 1999, referendum.

"Such orders to destroy people's houses and public property could only have been made orally, rather than in writing, to avoid it being used as proof," he told The Jakarta Post.

At the CTF hearing, former president B.J. Habibie denied he had given the go ahead for the destruction of property. Military officials also denied they had received or issued any orders to damage property.