Statement by His Excellency
KAY RALA XANANA GUSMÃO
President of the Democratic Republic of Timor-Leste
28 February 2003
ON THE INDICTMENT BY THE DEPUTY GENERAL PROSECUTOR FOR SERIOUS CRIMES
OF
INDONESIAN OFFICERS FOR EVENTS IN TIMOR-LESTE DURING 1999
I was informed by the media on 25 February, whilst attending the Non
Aligned Movement Summit in Kuala Lumpur that the Deputy Prosecutor General
for Serious Crimes has decided to indict seven high ranking Indonesian
officers and the former-Governor Abílio Osório Soares for
crimes against
Humanity.
In my capacity as President, I have repeatedly stated my position on
the
path to be taken to overcome for good any residual feelings regarding
September 1999.
I have also repeatedly stated that given the numerous problems the country
faces in the reconstruction process, an International Tribunal is not
a
priority, least of all in Timor-Leste.
I wish to hereby reaffirm this position and avoid any further doubts,
in
particular after the filing of the indictments with the Dili District
Court
and the request for arrest warrants to the Dili court and, soon, to Interpol.
I wish to recall that the Serious Crimes Unit was established by the
United
Nations at a time when it held responsibility for setting up and
administering the Judiciary in Timor-Leste.
The Constitution enshrines the independent nature of the Courts and the
Judiciary as an organ of sovereignty. Therefore, in full respect for the
Constitution, I respect the decision made. However, I cannot accept or
agree with the methodology adopted in this process. The Constitution
enshrines the accountability of the General Prosecutor to the Head of
State. But I must regret that the Office of the General Prosecutor, whilst
the General Prosecutor is abroad, did not postpone this matter until my
return to Timor-Leste.
The President has the right and the duty to assess the impact of a decision
such as this one and to express an opinion. Therefore, as previously
stated, I consider it is not of national interest to hold a legal process
such as this one in Timor-Leste. There are three major reasons for this:
1. Timor-Leste must pursue the process of national reconciliation according
to the path taken to this date, i.e., taking into account the history
of
the past 29 years rather than looking solely to 1999. The grief experienced
by the direct or indirect victims of the successive acts of violence
perpetrated in Timor-Leste dates back to 1974 and not to 1999;
2. If the international community, via the Security Council, endowed
UNTAET
and UNMISET with a mandate to bring to justice those responsible for
violence and destruction in Timor-Leste in 1999, then the international
community must hold the responsibility for administering that justice
and
organising the structures and mechanisms to that effect;
3. During the past three and a half years, the institutions of the Republic
of Indonesia - from the Government of former President Abduhrraman Wahid
to
the current Government of Her Excellency President Megawati Sukarnoputri,
and the TNI as an institution - have been an example of State effort to
build with Timor-Leste a relationship based on respect and a good
neighbourly rapport. I consider the continued good relationship with
Indonesia crucial in this process as well as the intensification of
dialogue in all sectors, including, on issues as sensitive as this one
is.
In ending, I must say that I remain convinced that peace, stability and
progress in Timor-Leste greatly depend on the relationship we will forge
with the Republic of Indonesia.
I also firmly believe that this case will not be felt by the State
institutions and the People of Indonesia as reason to change the positive
relationship between both States.