Justice & reconciliation

Integration fighter calls for reconciliation to continue

Antara - August 8, 2003

Atambua -- Former Chief of the Integration Fighters Legion (PPI) Joao da Silva Tavares has called on all East Timorese people to continue reconciliation process.

The only way to create stability in East Timor is to reconcile all East Timorese people, Tavares who is also a former chief of Bobonaro district between 1976 and 1989 told newsmen here Friday.

The expected reconciliation is the convergence of the inner hearts of the East Timorese people who had conflicts in the past and the readiness to forgive each other without one party trying to bring the other to court or taking revenge, he said.

According to Tavares, the correctional facility is not a right place to solve the problems being faced by the newly born country.

He opined that the right place lies in the inner hearts of the East Timorese people who are ready to forgive each other, forget the bitter experience in the past and step forward to peaceful future.

Tavares further said reconciliation would be strong and durable if the East Timorese would forgive each other but not seek mistakes and take revenge. "We should not seek legal process against those considered guilty," he added.

If the government and people of East Timor are still seeking legal process against those considered guilty, horizontal conflicts will sooner or later recur in the nascent state.

Contrariwise, if the East Timorese government and people give priority to forgiving each other, the Democratic Republic of East Timor will exist forever.

On the occasion, Tavares also said he decided to live far from the border shared by Indonesia's East Nusa Tenggara province and East Timor as a way to create peace for East Timorese younger generation. "Certain quarters in East Timor would consider it a constraint to create peace if I live in the border areas," he said.

Tavares who decided to live in Indonesia's province of Yogyakarta however promised to always support reconciliation process to create peace among East Timorese people.

East Timor officially seceded from Indonesia in October, 1999 as a consequence of the pro-independence camp's victory in the United Nations organized popular consultation held on August 30, 1999. The territory integrated into Indonesia in 1976 but the United Nations never recognized the integration process.

Human rights trials

UN Timor tribunal 'possible'

Agence France Presse - August 8, 2003

United Nations -- A UN official said today that an international tribunal to try Indonesian soldiers accused of massacring East Timor civilians is a possibility, given the light sentences meted out so far.

"The UN has been closely monitoring the conduct of the trials that had taken place in Indonesia and the secretary general is considering its options," a UN official said.

On Tuesday, the Indonesian justice system sentenced the former general in charge of security in East Timor during the massacres to three years in prison. General Adam Damiri was the last of 18 officers tried for their part in the massacres of East Timor independence activists.

Eleven members of Indonesia's security forces and one civilian have been acquitted. Five others, two of them army officers, Dili's former police chief, the former civilian governor of the territory and a former militia leader, have been sentenced to prison terms but were freed on appeal.

The United Nations has begun to explore the establishment of an international tribunal. The talks, according to the source on condition of anonymity, include the bureaus of legal affairs, political affairs and the high commissioner of human rights.

The Indonesian government decided in 2000 to try officers formally charged in the massacres by a UN commission in order to avoid the establishment of an international tribunal.

Jakarta's decision was accepted, but the United Nations then said that seating an international tribunal would be reexamined after the outcome of the Indonesian justice system trials.

The European Union said on Tuesday it was disappointed by the sentence given Damiri.

Pro-Indonesian militias, set up by the Indonesian army, killed between 600 and 2,000 civilians in 1999 after a large majority voted for independence from Indonesia. Indonesia invaded East Timor in 1975, after it had been abandoned by its colonial power, Portugal. East Timor declared its independence in May 2002.

US disappointed with rights tribunal, Timor activists rage

Agence France Presse - August 6, 2003

The United States said it was disappointed with the work of an Indonesian tribunal into atrocities in East Timor, after it jailed a convicted general for just three years -- a sentence branded by activists here as "a joke."

The United States handed down its verdict despite the fact that, in jailing Major General Adam Damiri, the Jakarta tribunal had ignored an acquittal recommendation by prosecutors. Damiri was the last and most senior of 18 defendants to appear before the court over the Indonesian army-backed wave of bloody militia violence against East Timorese independence supporters in 1999.

"The United States is disappointed with the performance and record of the Indonesian ad hoc tribunal," said State Department deputy spokesman Philip Reeker. "We believe that the overall process of the tribunal has been flawed and lacked credibility," he said, though he added that US officials were pleased it did at least end with a conviction.

But he also pointed out that the three-year sentence did not meet the minimum term recommended under Indonesian law. "If you look at all of the cases of this ad hoc tribunal together, I think it's been a very disappointing process in terms of rendering justice onto those who've committed horrible atrocities in East Timor just a few years ago," said Reeker.

US-based East Timor activists ridiculed the three-year jail term. "The punishment does not fit the crime," said John Miller, spokesman for the East Timor Action Network. "Today's three-year sentence for General Damiri is a joke and has done nothing to boost the laughable credibility of Indonesia's court. The international community has been taken for a ride. The question is: what is it going to do about it?"

Damiri, a former regional commander responsible for security in East Timor while it was still Indonesian territory, branded the verdict as political, vowing to appeal. The judge in the case ruled that Damiri should have taken immediate corrective steps to address any violations by his subordinates.

Unlike US activists, Jakarta-based campaigners welcomed the verdict, after previously dismissing the Jakarta court as a sham. Indonesian Foundation of Legal Aid chairman Munarman said, "This is a rare verdict and this is definitively a milestone in the upholding of human rights here." He praised the judges as having shown "extraordinary courage".

Muhammad Asrun who heads Judicial Watch called the court's decision "very important". But he added that three years was not a long enough sentence "because he [Damiri] held the primary responsibility over security in East Timor".

The court was set up to deflect pressure for an international tribunal into the bloodshed but international and local rights groups have called it a sham. Eleven security force members and one civilian have been acquitted by the court. Five people -- two army officers, a former Dili police chief, the former civilian governor and an ex-militia chief -- were ordered jailed but remain free pending appeals.

Damiri has also been indicted by UN-funded prosecutors in East Timor for crimes against humanity.

Calls for international tribunal on East Timor atrocities

Radio Australia - August 7, 2003

There are renewed calls for an international tribunal to re- investigate crimes committed in East Timor against independence supporters in 1999. A Jakarta tribunal has sentenced the last of 18 defendants to appear on charges related to a wave of militia violence backed by the Indonesian military.

Presenter/Interviewer: Sonya De Masi

Speakers: John Miller, activist, US-based East Timor Network; Patrick Burgess, former head of the UN Human Rights Unit in East Timor; Marty Natalegawa, Indonesian government spokesman

De Masi: Major General Adam Damiri is a former regional commander of the Indonesian military, and was responsible for security in East Timor while it was still Indonesian territory.

General Damiri is the highest ranking Indonesian to face the special Jakarta tribunal, and has been sentenced to three years in jail for what the court described as "gross human rights violations".

The sentence was widely unexpected, considering the prosecution had asked that he be acquitted due to lack of evidence. Nevertheless, John Miller from the US-based East Timor Network in New York says the sentence does not fit the crime.

Miller: Given the level of Damiri's involvement, which is known to be high in terms of planning, financing and directing the militia, not to mention his own troops, his culpability deserves well over the three years of the sentence, and no-one expects him to serve any of that sentence. It is true this is the highest ranking officer to be convicted in Indonesia and in some ways marks a bit of progress, but this process has done nothing to temper the Indonesian's military behaviour in Aceh or Papua so if the goal was to discourage the kind of abuses that happened in East Timor, unfortunately it's failed.

De Masi: In fact, the Indonesian government established the Ad Hoc Human Rights Court for East Timor amid calls in early 2000 for an international tribunal. At the time, the United Nations said Indonesia must first be given an opportunity to prove it could bring those responsible for the violence to justice. Marty Natalegawa is the Indonesian government spokesman.

Natalegawa: It's not for the government to respond or comment on a decision or sentence handed down by a branch of the judiciary here because of our keen interest to avoid impressions of political interference. We have noted the sentence against Major General Damiri, we understand the individual will appeal and we have to respect the process.

Demasi: Now that work of ad hoc tribunal is finished, there's been some criticism the process was flawed. Is the government satisfied that crimes have been adequately prosecuted? On the contrary we feel the tribunal has proven capable of carrying out its tasks and carried out its mandate in an able manner.

De Masi: Patrick Burgess was the first head of the Human Rights Unit of the United Nations in East Timor, including during 1999.

Burgess: 60-thousand house burnings, 250-thousand people deported, over a 1000 people killed, hundreds of women raped, this is what happened in East Timor in 1999 and for the most senior Indonsian military official involved to be given a 3 year sentence is seen by most in East Timor as a slap in the face, although it is a step forward in terms of accountability in Jakarta. Most of the international observer groups Amnesty International, Human Rights Watch and others have labelled the Jakarta trials as a sham, so there's a lot of interest to see whether the idea of an international tribunal into what happened in East Timor will be proceeded with. Most East Timorese victims groups believe they have not been given justice for what happened here.

De Masi: Meantime, the UN-sponsored Serious Crimes Court in Dili continues to investigate crimes committed in 1999. It has so far indicted 300 people, 70 per cent of whom are in Indonesia. Patrick Burgess says until this is rectified, there will be a lingering perception of injustice.

Burgess: The major problem is the perpetrators cannot be reached by the process set up in East Timor, and the only mechanism in the world to date are tribunals similar to those set up for the former Yugoslavia and Rwanda which are given authority under the UN charter to reach across national borders and approach perpetrators. The geopolitical situation at the moment provides some fairly major obstacles to that but from the human rights perspective, do we allow politics to stand in the way of justice and I think the answer to that always has to be no.

Massacre mastermind gets slap on wrist in Indonesia

OneWorld US/IPS - August 6, 2003

Jim Lobe, Washington -- International human rights groups have denounced as inadequate the three-year prison sentence announced Tuesday in Jakarta against the most senior military officer indicted by Indonesian prosecutors for serious abuses committed against East Timorese civilians in connection with the 1999 plebiscite on independence.

Maj. Gen. Adam Damiri, who was in charge of all military operations in the former Portuguese colony and is now the senior military officer responsible for prosecuting a major counter- insurgency war in Aceh province in northern Sumatra, was found guilty by a special human rights court for what Judge Marmi Mustafa described as "gross human rights violations."

Human Rights Watch (HRW) and Amnesty International said Damiri should be immediately removed from his position in Aceh, and called on UN Secretary General Kofi Annan to convene a group of experts to determine whether there were other mechanisms, including an ad hoc UN tribunal, that could be used to try those responsible for the 1999 abuses, which included murder, arson, rape, and the forced expulsion of as many as half a million people.

"Indonesia's failure to heed the warnings and to respond adequately to demands to improve the process [of trying the perpetrators] means that the UN must now take it upon itself to follow through on its demands for justice," said Amnesty.

Damiri was the last of 18 people tried by the Indonesian court which has sentenced a total of six defendants, none of whom has actually had any jail time. Of the 18, the governor of East Timor, a civilian, received the longest sentence -- 10 years.

The verdict caught some observers, apparently including Damiri himself, by surprise, particularly because the prosecutor, in a widely criticized move, had asked for his acquittal due to lack of evidence. But most analysts said it was unlikely that the sentence would ever be carried out.

"Damiri is the poster child for impunity in Indonesia," said Brad Adams, director of HRW's Asia division in New York. "Even the prosecution asked for an acquittal. It's clear that there is no interest in holding senior military officials accountable for their actions, no matter how heinous."

"Today's verdict is surprising," said Amnesty in London. "But it does not diminish the fact that deliberate efforts to subvert the course of justice and shield senior officials from being held fully to account have taken place."

Even the State Department, which last week announced it intended to resume training of Indonesian military officers, expressed disappointment with the outcome. "The light sentencing of this highest-ranking defendant and others when they were found guilty, we think, has been disappointing," said spokesman Philip Reeker.

"The court has convicted only six defendants and handed only one convict a sentence that meets the country's minimum standards. The court has also permitted all of those convicted to remain free pending their appeals, and we have noted that on numerous occasions the Indonesian Government failed to take full advantage of many opportunities to hold human rights violators fully accountable for their crimes in East Timor," he noted.

Damiri was also the subject of a separate indictment by the UN- created Serious Crimes Unit in East Timor, which finally gained its formal independence last May. But Indonesia has refused to turn any of its citizens over for trial in East Timor.

Indonesia invaded and subsequently annexed East Timor in late 1975. The occupation and counter-insurgency campaign that followed the invasion is believed to have wiped out -- through violence, disease and malnutrition -- about one-third of the territory's pre-war population by the early 1980s. Jakarta failed to completely crush the resistance, however, and, after President Soeharto was ousted in 1998, the population was for the first time given an opportunity to vote on its preference in a UN- backed referendum.

During the referendum campaign, however, the Indonesian military organized and armed gangs and militias that launched a reign of terror against the population. When the vote results were made public -- 80 percent of E. Timorese voted for independence -- the militias went on a rampage with the backing of the military. Between 1,000 and 2,000 people were killed, much of the territory's infrastructure and buildings were destroyed, and hundreds of thousands of people fled their homes or crossed over into West Timor.

Damiri was charged with responsibility for the actions of his subordinates with respect to two infamous massacres and attacks on specific houses in the capital, Dili, between April and early September, 1999. East Timor's Serious Crimes Unit also indicted him for five counts of crimes against humanity for murder, persecution, and deportation. Nonetheless, he remained on active duty and was actually promoted to the position of operational assistant to the armed forces chief of staff in Jakarta in December 1999, a post where he remains to this day.

His trial was deemed farcical by a number of international observers, even before the prosecutor asked for his acquittal two months ago. On at least four occasions, Damiri did not show up at the court, citing his responsibilities in organizing the counter-insurgency campaign in Aceh, launched in mid-May.

That campaign has so far resulted in at least 500 killed, rising levels of malnutrition, and the displacement of tens of thousands of people, according to recent reports. Military officers who were initially predicting rapid victory over secessionist rebels in Aceh have revised their estimates in recent weeks, suggesting that the conflict could last much longer. Both the US State Department and the Pentagon have told both sides that a military solution is not possible and urged them to resume negotiations.

"Damiri must be removed from his position in Aceh immediately," said HRW's Adams. "A convicted human rights abuser must not be involved in conducting a war. His role in Aceh is not only an embarrassment to Indonesia but causes grave concern that the tactics used in East Timor may also be used in Aceh."

The East Timor Action Network (ETAN), which supported independence for East Timor through the 1990s, also denounced Tuesday's sentence. "The punishment does not fit the crime," said John Miller, an ETAN spokesman. He called the sentence a "joke (that) has done nothing to boost the laughable credibility of Indonesia's court. The international community has been taken for a ride, and the question is: What is it going to do about it?"

He challenged the Bush administration, which considers the Indonesian military a key ally in the war on terrorism, to work to create an international tribunal for East Timor.

Demiri's sentence a 'joke': US Timor activists

Associated Press - August 5, 2003

Washington -- US-based East Timor activists on Tuesday branded a three-year jail term handed to an Indonesian general convicted of human rights violations as the territory struggled for independence as a "joke."

The condemnation came despite the fact that prosecutors had requested that Major General Adam Damiri be acquitted by the Jakarta human rights court.

"The punishment does not fit the crime," said John Miller, spokesman for the East Timor Action Network. "Today's three-year sentence for General Damiri is a joke and has done nothing to boost the laughable credibility of Indonesia's court. The international community has been taken for a ride. The question is: what is it going to do about it?"

Damiri, a former regional commander responsible for security in East Timor while it was still Indonesian territory, branded the verdict as political, vowing to appeal. The judge in the case ruled that Damiri should have taken immediate corrective steps to address any violations by his subordinates.

Unlike US activists, Jakarta-based campaigners welcomed the verdict, after previously dismissing the Jakarta court as a sham. Indonesian Foundation of Legal Aid chairman Munarman said, "This is a rare verdict and this is definitively a milestone in the upholding of human rights here." He praised the judges as having shown "extraordinary courage".

Muhammad Asrun who heads Judicial Watch called the court's decision "very important". But he added that three years was not a long enough sentence "because he [Damiri] held the primary responsibility over security in East Timor".

Damiri is the last and most senior of 18 defendants to appear before the court over the Indonesian army-backed wave of bloody militia violence against East Timorese independence supporters in 1999.

The court was set up to deflect pressure for an international tribunal into the bloodshed but international and local rights groups have called it a sham.

Eleven security force members and one civilian have been acquitted by the court. Five people -- two army officers, a former Dili police chief, the former civilian governor and an ex-militia chief -- were ordered jailed but remain free pending appeals.

Damiri has also been indicted by UN-funded prosecutors in East Timor for crimes against humanity.

Unexpected three year jail sentence for Damiri

Jakarta Post - August 6, 2003

Muninggar Sri Saraswati, Jakarta -- Despite a prosecution request for the acquittal of Maj. Gen. Adam Damiri, the ad hoc human rights tribunal decided on Tuesday to slap a three-year jail term on the military bigwig for his involvement in the 1999 mayhem in East Timor.

"The court finds the defendant guilty of having committed gross human rights violations in East Timor," Presiding Judge Marni Emmy Mustafa told a packed courtroom on Tuesday.

Damiri's lawyers and supporters, who had packed the courtroom, were stunned as the judges had been widely expected to acquit him after prosecutors had recommended that all charges be dropped due to "lack of evidence".

One of them branded the government as "the devil", while Damiri's lawyers openly castigated the judges. The situation was brought under control, however, after Damiri, who had initially lost his composure and started shouting, finally calmed down and asked his supporters to do the same.

"I respect the court's ruling but I feel very disappointed with this decision. It will not only affect my family and my soldiers, but also the Indonesian Military [TNI] as an institution," said Damiri, who was the most senior soldier to have been tried for human rights violations in East Timor.

He asserted that he would appeal the verdict, which came on the same day as a powerful car bomb went off at Jakarta's J.W. Marriott Hotel, killing at least 15 people and injuring 100.

As with most senior Indonesian state officials who have been convicted of serious criminal offenses, Damiri will remain at liberty pending his appeal.

According to the verdict, Damiri, who was in charge of the Udayana Military Command overseeing East Timor, was guilty of a dereliction of duty in failing to prevent his subordinates from attacking, and permitting pro-integration militias to attack, pro-independence East Timorese who took refuge in houses and churches in Liquica, Dili and Tovalima between April and September 1999.

Responding to the request by the prosecution that Damiri be acquitted, the panel of five judges ruled that the request was "discriminatory and unfair to the other defendants in the East Timor cases." The panel of judges, made up of Emmy, Rocky Panjaitan, Komariah Emong Sapardjaja, Rudy M. Rizky and Sulaiman Hamid, also said that the recommendation was based on "inaccurate and inconsistent" grounds.

The judges noted that the mayhem before and after the ballot in East Timor in 1999 had cost innocent lives, caused massive damage to property and severely damaged Indonesia's image and standing on the international stage. According to rights activists, some 1,000 people in East Timor died prior to and after the 1999 referendum, which resulted in a massive vote in favor of independence from Indonesia, which had annexed the territory in 1976.

In their verdict, the judges stated that "we cannot blame those who believe the accusations that the state initiated the mayhem as we can see that there was a repeated pattern of attacks that claimed the lives of East Timorese victims." They also said the facts revealed the involvement of the National Police and TNI in the violence in East Timor as they were the elements of the government that were responsible for security in the former province. Thus, they could not wash their hands of the violence that occurred.

Upon hearing the verdict, Damiri, who is currently the operations assistant to the TNI chief of general affairs, became hysterical, and started shouting and waving his arms in protest against the verdict.

The Damiri conviction brings to a conclusion a series of trials involving 18 civilian and military leaders in the former East Timor province over their roles in the 1999 mayhem.

Six of the defendants have been found guilty, but the light sentences handed down have contributed to a widespread perception that the entire process was little more than a whitewash designed to preempt the setting up of an international human rights tribunal along the lines of that hearing rights cases from the former Yugoslavia.

The toughest sentence of 10 years in prison was handed down to a Timorese civilian who led a pro-integration militia, despite the fact that many are convinced he was incapable of acting without state support.

Jakarta jails general over East Timor

Melbourne Age - August 6, 2003

Jill Jolliffe and agencies, Jakarta -- An army general was found guilty of crimes against humanity by an Indonesian court yesterday over bloodshed during East Timor's independence vote in 1999, ending a series of court cases that rights groups have largely branded a whitewash.

The special human rights court sentenced Major-General Adam Damiri to three years in jail. He was regional commander at the time of the violence and the most senior general to be tried.

"The defendant is guilty ... he committed criminal acts, which are a violation of human rights and crimes against humanity. He is sentenced to three years in jail," Chief Judge Marni Erni Mustafa said.

Damiri, who has always maintained his innocence, shouted loudly and raised his arms in protest when the verdict was read out. "I feel very disappointed with this decision," he said afterwards, adding he would appeal.

He is the last of 18 people to be tried by the court, which has acquitted most other suspects and handed out lenient sentences to those convicted, drawing widespread criticism from international and local human rights groups. The verdict came as a surprise, because in May the prosecution requested that the charges be dropped due to lack of evidence. With Damiri, there have been six convictions, including three military officers. Most have appealed. The toughest sentence was 10 years, given to a civilian.

Damiri, who faced the death penalty if convicted, had received a boost in June when the prosecution told the court to declare him not guilty of crimes against humanity for not taking action to prevent the violence.

Indonesia set up the special court to convince an outraged world it would account for the carnage surrounding East Timor's vote to break free from Jakarta's rule in August 1999, when militia gangs backed by elements in the Indonesian military went on a killing spree. The United Nations estimates 1000 people were killed.

The trials were another test of the judiciary's independence in a country where the military has considerable political clout.

Rights groups have also condemned the failure of the court to try General Wiranto, Indonesia's military commander at the time of the violence.

The deputy director of the Judicial System Monitoring Program, Nelson Belo, said the sentence illustrated the tribunal's desire to nominally satisfy world opinion while delivering a minimal sentence.

"Damiri was accused of major crimes in East Timor, including both the Liquica and Suai massacres", he said. "The verdict shows that the ad hoc tribunal has not matched up to international standards. The UN gave Indonesia an opportunity to apply justice, to help it's democratic transition, but it has failed. There is no justice for the victims."

Human rights/law

Dili trial leaves bad taste

Australian Financial Review - August 8, 2003

Rowan Callick -- Australia's biggest investor in East Timor is reconsidering its role after losing a bizarre court battle against its former joint-venture partner, a local businessman.

The Dili district court has awarded $US1.5 million damages against family-owned Queensland construction company JJ McDonald & Sons, chiefly for failing to register the name of its joint- venture partner, Foo Hau Kiun, and also for paying inadequate rents for equipment for the joint venture, East Timor Constructions, leased from him. The company has filed an appeal against the judgement.

During the hearings, JMS's offices in Dili and those of its barrister in Darwin were burgled and court case documents targeted.

The court said its verdict could be executed immediately -- meaning the seizure of plant and vehicles, effectively taking over JMS's business on the island. It made this pronouncement even though six previous appeals were pending over the court's conduct of the case, and even though the husband of the court's presiding judge, Carmelita Moniz, has registered a business also named East Timor Constructions.

But last Friday JMS obtained an order from East Timor's new appeal court to freeze execution pending the outcome of the appeal. It is now fighting a subsequent application by Foo to the district court to seize JMS's assets.

The translator hired by the judges in the original case has a brother who is a business associate of Foo in the Indonesian province of Papua. In its appeal, JMS said "at many times during the hearings the translator did not properly and competently convey to the judges the translated testimony of the defendant's witnesses".

The judges, JMS claims, "acted as if they are advocates for the plaintiff", selectively taking into account the evidence of the plaintiff but not of the defendant, and denying the defendant full access to the documents in the court file. And "many of the decisions made by the panel of judges have been made without reference to any statute or other law".

And the court failed to ensure a proper transcript was taken, JMS says in its appeal. "On occasions the registrar of the court would take notes but on other occasions he was observed to be sleeping," JMS says.

A new judge was appointed to the panel four days into the hearing, but without being able to read transcripts of previous evidence because there were none.

Adding to the tangled complexity of attempting to keep the business afloat, the whole proceedings may be jettisoned along with all other court cases over the past 28 years, because the newly constituted Court of Appeal has ruled Indonesian law as inapplicable in the country, because Indonesia's 1975 invasion was illegal. Instead, it says Portuguese law applies.

The judgement -- delivered in Bahasa Indonesian -- found against JMS, which spent $3 million making East Timor its first venture overseas, to aid reconstruction.

The United Nations Transitional Administration there had urged the company to find a local joint-venture partner. It chose Foo, one of a few local builders with his own quarry and graders.

JMS turned over about $60 million last financial year. It has ranged, depending on the projects in hand, between the biggest and third-biggest private sector employer in East Timor.

The court said that the registration of the joint venture without Foo's name was "an attempt by the defendant to perpetrate fraud and trickery". JMS strongly denies this.

Although the registry book has mysteriously disappeared, JMS brought the chief registrar to court, where he was prepared to testify to the correct registration. But the judges would not hear him. Nor would they consider other documentary evidence from the registry -- a mailing list -- citing Foo and JMS as joint owners.

The judgement describes as "constituting bad faith" the company's appointment of PricewaterhouseCoopers to independently audit East Timor Constructions' books. Foo said that he should have approved this assignment, although JMS responded that he had by then quit the venture.

The court accuses the company of "fraud and manipulation" in keeping to itself profits that the firm says did not exist because the joint venture made a loss in its first two years.

The judgement reveals that the judges ruled as inadmissible or irrelevant almost all evidence produced by JMS, on grounds that they only occasionally explain. They did not explain how the $US 1.5 million "material compensation" figure was derived.

The JMS lawyers -- solicitor Jeff Guy from Townsville and barrister Tim Lindsey, the director of Melbourne University's Asian Law Centre -- face arrest if they return from Australia to Dili to fight the case. Foo's lawyer, Vital dos Santos, has threatened to sue for defamation, which is a criminal as well as a civil offence in East Timor.

The chairman of JMS and its chief witness, Chris Greig, was unable to appear in court because Foo had also issued a criminal complaint against him, making him liable to detention on arrival. The court declined JMS's request to hear the criminal matters first, so that it could then move on to the main civil case with the witnesses without the threat of detention, common practice in most countries.

Foo did not give evidence in court but his claims were accepted by the court almost in their entirety.

An appeal has been lodged by JMS, which says that the judgement was not based on the valid law of East Timor -- Portuguese or Indonesian -- and did not properly take into account all of the evidence, submissions or law applicable to the case.

Timor occupation likened to Cambodian genocide

Radio Australia - August 4, 2003

An expert on the genocide in Cambodia has drawn parallels with Indonesia's policies in East Timor. History Professor Ben Kiernan says both Cambodia and East Timor suffered civil war -- then genocidal policies from 1975 to 1980 -- and ultimately intervention by the United Nations.

Transcript:

Kiernan: "The genocides were proportionately comparable, much larger in absolute numbers in Cambodia, but a similar proportion of the population of East Timor and Cambodia perished, about 20 per cent or so in the two countries and the experience of the populations as genocide was also comparable in the sense that ethnic groups were targetted. The ethnic Chinese in both East Timor and Cambodia suffered enormous losses. The other ethnic groups in Cambodia like the Chou Muslims and the Vietnamese minority were targetted and there are victims in both cases who fit the normal definition of genocide, even the legal definition applies in some cases to both Cambodia and East Timor."

Dobell: Can you make the case that Indonesia was following deliberate government policies in the same way that the Khmer Rouge was in Cambodia?

Kiernan: "Well I think in both cases there were war crimes as well as genocide and also other crimes against humanity which wouldn't be described as genocide, such as a mass murder of political groups and of course the Genocide Convention defines the crime as involving the intent to destroy an ethnic, national, racial or religious group in whole or in part."

"And so the destruction of the Chinese community in East Timor by Indonesian forces would be probably described in a court as genocide, but perhaps not the destruction of political groups like FRETILIN, which were subjected to mass murder by Indonesian military forces. But the definition of FRETILIN, including relatives of FRETILIN supporters, their children and grandchildren exterminating FRETILIN down to the fourth generation was at one point annunciated as Indonesian policy. That borders on describing FRETILIN in fact as not a political group, but a multi-generational kinship group almost which borders more on the targetting of them as an ethnic group as well as a political group."

Dobell: Given the difficulties that the United Nations has had in negotiating with Hun Sen's government in Cambodia about bringing war crimes, genocide crimes to court. How do you think those experiences could be applied in some negotiation with Indonesia?

Kiernan: "I think it's much more difficult given that Indonesia is a neighbour of the newly independent East Timor and therefore East Timor needs to maintain good relations with Indonesia. So it's more difficult for East Timor than Cambodia to push for justice for the victims of the genocide in that case."

"But the unsatisfactory trials that have been held in Jakarta with only a minority of convictions and small sentences and suspicions about the legal process in the Indonesian trials I think will put more pressure on the United Nations to resort to the last resort which would be an international tribunal or in the Cambodian case a mixed national and international tribunal."

"Although there've been great difficulties, the Cambodian-UN negotiations do seem to have resulted in the formation of a tribunal process to try the surviving Khmer Rouge leaders and the length of time it's taken is inordinate, but I think in East Timor there's reason to hope that justice will come for the victims there as well."

Dobell: If Timor has to focus on good relations with Indonesia, what should other states being saying to Indonesia about the actions of its military leadership and its political leadership in East Timor?

Kiernan: "Other states need to remind Indonesia of its obligations under international criminal law and indeed the Security Council of the United Nations has shelved, but has not dismissed the possibility of an international tribunal and while Indonesia is obliged to carry out trials and is in fact the "locus of first resort" has the opportunity to do that first, but if it does not come up with a fair trial for the major surviving perpetrators, then I think it's encumbent on the international community, especially because East Timor is a small state on Indonesia's border, which needs to maintain relations and can't argue or provoke Indonesia easily, that it's encumbent on the rest of the international community to take up their obligations to ensure that those who commited crimes against humanity be prosecuted."

Australian banker cleared of petty theft charges

Melbourne Age - August 6, 2003

Dili -- Australian banker Kirk McNamara has been cleared of petty theft charges. On Monday a Dili court dismissed accusations raised by the brother of Prime Minister Mari Alkatiri.

Judge Joao Henrique de Carvalho rejected a call by the prosecutor for the immediate arrest of Mr McNamara, outgoing manager of the ANZ Bank in Dili, saying that there were no criminal charges to answer. "No evidence has been presented to link Mr McNamara to any theft, only hearsay information," he ruled.

The charges arose from the burning during riots last December of a house owned by Vader Alkatiri, the Prime Minister's brother. The house had been rented by the bank as Mr McNamara's residence, and it was alleged that he had stolen window frames and doors from the ruins, a claim denied by the banker.

The judge added that the case was a civil matter that should be settled between the ANZ Bank and Mr Alkatiri.

It was the latest in a series of legal actions targeting foreign investors, and was followed closely by diplomats and foreign residents.

News & issues

Army mulls action against SAS soldier

Australian Associated Press - August 9, 2003

The Australian Army is considering further action against a SAS soldier accused of kicking a militia corpse in East Timor after the case against him collapsed in a military court.

The unidentified SAS soldier was cleared of four charges in Sydney after the defence force magistrate ruled the identity of New Zealand soldiers crucial to the case could not be adequately protected.

Colonel David Gunson returned a not guilty verdict after the prosecution was unable to present its case without the NZ special forces soldiers' evidence. The SAS soldier had been charged with mistreating two corpses at the East Timorese village of Suai on October 6, 1999, when an SAS patrol taking West Timorese to the border was ambushed.

He was charged earlier this year after a lengthy investigation into 19 allegations of misconduct and mistreatment by Australian INTERFET soldiers.

The SAS soldier was the only person to be charged as a result of the investigation and 13 of the allegations were unsubstantiated.

The Australian Army said it was considering administrative action against the soldier so evidence against him could be heard. "There was a range of evidence that was tested before a senior counsel in Queensland who decided that an offence has been committed," said the Army's director of personnel operations, Colonel Gerard Fogarty.

"As a result of his advice the Australian Army took action and charged this member, but based on a technicality that evidence has yet to be tested. So the Australian Army is now considering taking administrative action against the soldier and through that action testing the available evidence."

Col Fogarty said the Army would not tolerate any unacceptable behaviour and the soldier deserved his day in court. "The evidence that was available indicates that what is alleged to have occurred would undermine unit discipline and cohesion, it would demonstrate a considerable lack of judgment by the individual concerned, and it would bring discredit to the Australian Army," he said.

"Secondly the soldier himself deserves a fair go, he knows this not guilty finding was on a technicality; he deserves a right to clear his name and have the evidence tested."

Australia and New Zealand have the same requirements on protecting the identity of their special forces and there was no ill feeling towards the New Zealanders for choosing not to appear before the magistrate.

The SAS soldier concerned, who has not been deployed anywhere since the investigation into the allegations was launched in September 2000, will continue his regular duties while the case is pursued.

"The Australian Army will not tolerate unacceptable behaviour and any allegation of unacceptable behaviour will be investigated thoroughly," Col Fogarty said.

Body-booting SAS charge wilts as witnesses back off

Sydney Morning Herald - August 8, 2003

Deborah Snow -- The case against a former senior SAS soldier charged with kicking a militiaman's corpse in East Timor in October 1999 is set to collapse, with crucial witnesses backing away from their original accounts.

The accused soldier, who still serves with the special forces but not with the SAS, is due to have his case heard by a defence force magistrate, Colonel David Gunson, tomorrow morning, six months after he was first charged.

The case against him has been dogged by unexplained delays, with the Defence Department originally promising that the trial would open in May. It is understood there have since been eight preliminary hearings, with the prosecution having difficulty producing witnesses.

It is understood that while there were about 50 Australian and 10 British special forces members as well as New Zealanders present during the alleged incident, the prosecution case was mainly built on the evidence of three New Zealand special forces members. At least two of those are now said to have withdrawn or heavily qualified their initial statements. One is believed to have said he cannot remember making a statement.

Defence has asked that the charged soldier not be named. The same soldier was at the centre of a claim that a militiaman had been unlawfully killed by Australian troops during the Timor deployment, but Defence found earlier this year that there was no evidence to support that allegation.

The charges go back to a clash between the SAS and anti- independence militiamen near Suai, close to the West Timor border, on October 6, 1999, in the early days of Australia's mission.

A convoy of suspect Timorese villagers was under SAS escort back to the West Timorese border when the Australians came under fire in a militia ambush. Two SAS soldiers were seriously wounded and two militia killed in the firefight. The charged soldier was said to have abused the corpse of one of the militiamen by kicking it.

It was also alleged that Australian Army interrogators held Timorese prisoners for long periods without food, water or sleep and otherwise mistreated them at an interrogation centre set up near Dili by the SAS and army intelligence, and that two wounded prisoners were punched and kicked by an SAS member removing them from hospital for interrogation.

Nineteen allegations of misconduct were made against Australian troops. After a three-year investigation that included the exhumation of two militiamen's corpses from a mass grave outside Dili, Defence said in April that none of the allegations would result in charges, except the kicking claim.

Even though the army promised an open and transparent investigation, it was held behind closed doors, hanging over the SAS for much of the time it was deployed to Afghanistan and Iraq.

The timing of tomorrow's hearing has raised eyebrows, with no-one from Defence being able to explain why a Saturday morning has been chosen. One military source described the timing as curious.

Local media monitoring

East Timor local media monitoring

UNMISET - August 4-8, 2003

Suara Timor Lorosae reported that the nationality status of Mr Mari Alkatiri and Mr Roque Rodrigues has been questioned by the Opposition Parties. A Parliamentarian member from Democratic Party, Mr Eusebio Guterres, yesterday urged both entities to prove their nationalities through the court, so that the public knows if they are East Timorese or not. "I said this is a serious issue" said Mr Guterres.

During his 5 day visit to the Sub District of Vemasse, President Xanana Gusmao got questions regarding the existence and the role of the Commission for Veterans and Ex-Combatants (CAAC-CAVF). The community raised the questions because they said they did not get comprehensive information regarding the Commission's role and objectives. President Xanana explained to the community that the mission of CAAC-CAVF's commission is to collect factual data regarding former resistance fighters from 1975 until 1999. President Xanana said that after the commission received all the data, then the commission will hand it over to the Government for considerations regarding the fate of former resistance fighters and the follow-up.

On Saturday the Chief of Staff of the Falintil-FDTL, Col Lere Anan Timur, told STL at his residence that the commemoration of the Falintil 28th anniversary will be held at Waimori District of Viqueque on August 20, 2003. Mr Lere said that Waimori was chosen again because it was the last commemoration of the Falintil during the Indonesian occupation in 1999. Mr Lere also said that Waimori was a cantonment place for Falintil before the Independence ballot.

(The exact the same article was published on July 31, 2003). On Wednesday the Community Empowerment Project gave US$30,000 to the Sub District of Nain Feto -- District of Dili. The assistance fund is aimed at helping the community to build their public infrastructures, such as footpaths, drainage, water supply and retaining walls. "The community of Nain Feto Sub District also has contributed an amount of US$ 1,081.25 to complete the project planning budget" said the Chief Advisor of the Nain feto Sub district, Mr Augosto da Costa Soares. The Timor Post reported that during his visit to the Sub District of Vemasse, President Xanana told the community of Ostico's, Loilubo's, and Watulari's Sucos that East Timorese had fought during 24 years because of self confidence. President Xanana said that even though the community lived trough hard times of food shortages, no clothes, they preserved the unity by trusting each other in order to get freedom.

President Xanana said that now the community had gained their independence, they were beginning to lose their self confidence. (A second story containing the same information also appeared on the page 1).

Prime Minister Mari Alkatiri met with the Indonesian Distrital Police Chief of Belu, Agus Nugroho and the Timur Tengah Utara Police Chief, Jeremias Detan, on Saturday in Oecusse. After the meeting Mr Alkatiri told reporters that the Indonesian Distrital Police of Belu and Timur Tengah Utara want to cooperate with Timor-Leste's border police (PNTL) in order to maintain security. The article said that the two Indonesian West Timor Police Chiefs were invited to Oecusse to attend the handover ceremony from the United Nations Police to Timor-Leste National Police.

August 6, 2003

Suara Timor Lorosae reported that the President of Fretilin, Mr Francisco Guterres Lu-Olo, yesterday made a statement regarding the current increasing political tensions among political leaders. Mr Lu-Olo said that his party wants to embrace all people. Mr Lu-Olo said that his party wanted to avoid the experience of coup d'etat in 1975. The article said that the political statement was made to cool down the current political friction among political elites of the nation regarding important issues such as the eviction of Mario Carrascalao from his house and the nationality status of Mr Mari Alkatiri and Roque Rodrigues.

Prime Minister Mari Alkatiri yesterday departed on a trip to Thailand for a four day official visit. During the visit the Prime Minister will be accompanied by the Minister of Foreign Affairs and Cooperation, Dr Jose Ramos Horta, Minister of Finance and Planning, Madalena Boavida, and the Minister of Agriculture and Forestry, Mr Estanislao da Silva. The Prime Minister told reporters that the main purpose of the visit was to fulfill the invitation of the Thai Government.

The Dean of the Faculty of Law of the Matebian Community University ? Baucau, Mr Lino Lopes, said that the controversy regarding the eviction of Mario Carrascalao from his house was due to lack of public information about the Land and Property Law, before it was implemented. Mr Lopes said that as a consequence, public opinion was split into two blocks -- Those sharing the opinion of Mr Mario Carrascalao, and those sharing the view of the Government.

The Foreign Affairs Minister, Dr Jose Ramos Horta, yesterday said that if the Opposition Parties want to gain credibility and influence, they should not criticize government officials' personalities, but should instead study government issues and develop constructive criticism.

The Timor Post reported that the President of Fretilin, Mr Francisco Guterres Lu-Olo, yesterday said that there are people who are politically ambitious and will stop at nothing to bring down the Government. Mr Lu-Olo spoke to reporters at the party's office in Comoro-Dili. Asked by journalist to identify which groups Mr Lu-Olo was referring to, he just said that "everybody knows".

In response to Mrs Lucia Lobato questioning of Prime Minister Mari Alkatiri's nationality status, the Prime Minister said that he started the liberation struggle together with Nicolau Lobato not with Lucia Lobato. The Prime Minister said that Mrs Lucia Lobato needs to learn more. ( The article does not elaborate further). The Prime Minister yesterday told reporters at Nicolau lobato International Airport. (Nicolau Lobato was the Prime Minister and then President of the Democratic Republic of Timor- Leste in 1975. He was proclaimed unilaterally).

The Interior Minister, Mr Rogerio Lobato, yesterday said that the community has found grenades and handed them over to National Police. The article did not mention the place where the grenades were found, nor the community who found them.

The Minister of Foreign Affairs and Cooperation, Dr Jose Ramos Horta, yesterday urged the Government to undertake a dialogue with the Opposition Parties. Dr Ramos Horta said that the dialogue could serve to evaluate what has been done by the Government, and discuss the Opposition's feedback and inputs.

August 7, 2003

Suara Timor Lorosae reported that Opposition Parties in the National Parliament have said that the political statement of the President of Fretilin, Mr Francisco Guterres Lu-Olo, could raise suspicion of a systematic hidden agenda to avoid implementing true democracy in Timor-Leste, yesterday Lu-Olo said that there are people who are politically ambitious and will stop at nothing to bring down the Government.. The Secretary General of the Democratic Party, Mr Mariano Sabino said "The political statement of the President of Fretilin is a serious threat to the democracy in Timor-Leste. The threat is aimed at keeping the people from criticizing if the Government's performance is not good. It means that there is a hidden plan to avoid democracy". The spokesperson for the KOTA Party, Mr Clemetino dos Reis Amaral, warned political leaders not to let the people suffer again as they had in 1975. "If there are political leaders who warn against coup d'etat through the media, it could be a suspicion that the leader who made the statement in fact wants to undertake coup d'etat. I conclude by saying there is no group in this country that wants to remove the current Government" said Mr Amaral.

East Timor's President, Xanana Gusmco, wrote to his Indonesian counterpart on Wednesday, expressing his condemnation of the terrorist bombing in Jakarta on Tuesday that killed at least 14 people, injuring about 150. In his message to President Megawati Sukarnoputri, Gusmco described the hotel bombing as "an attack against peace in Indonesia, the region and the world". He underlined East Timor's commitment to working with Jakarta to prevent such "cowardly actions" in future. Mr Gusmao also sent his Indonesian counterpart a message of "sympathy" and "condolence", to the families of the victims and Timor-Leste's solidarity with the people of Indonesia. The Jakarta bombing has been claimed by a radical Indonesian Islamic organization, Jemaah Islamiya.

The Team Leader of the German Technical Cooperation, (GTZ) Mr Joachim Metzner, said that the World Bank's Dili Distant Learning Center (DDLC) in Timor-Leste, in cooperation with the Government of Germany, will hold training in the center as a part of capacity building to the Directorate of Land and Property. He said that the training will focus on the other post-conflict countries experiences in land ownership, land models, and structure of the ownership. The training will be held in December will involve four countries: Cambodia, Sri Lanka, Laos and Timor-Leste. Mr Metzner said that the GTZ and the World Bank will provide support for the planned video conference. In a separate interview, the Manager of Dili Distant Learning Center, Mr Joao Loucao, said that the DDLC is helping to contribute to the new nation Timor-Leste by facilitating training through the DDLC for the capacity-building of the East Timorese.

The Timor Post reported that President Xanana Gusmao, yesterday said that the argument over the nationality of politicians raised in the National Parliament was not a priority issue for the well being of the people. President Xanana said that what is important is how to address the people's basic necessities such as food, shelter, health and education. President Xanana said this in response to reporters' questions regarding the nationality status of the Prime Minister Mari Alkatiri and the Secretary of Defense, Mr Roque Rodrigues, at Hotel Timor during the launch of a book entitled "Women face War and Peace" by UNIFEM.

The Commander of the Falintil-FDTL, Gen Taur Matan Ruak, yesterday vowed there would be no coup d'etat. "Be assured that there will be no coup d'etat. It is rumor, don't believe it. If someone wants to carry out a coup d'etat -- just do it and we will see" said Gen Ruak. Gen Ruak said that the commemoration of the Falintil anniversary on August 20, 2003 will be held at Waimori historic cantonment as per the schedule. Gen Ruak said that the Armed Forces will be split. Some will attend the ceremony and some will stay in Dili.

The Opposition Parties have accused the ruling party of undertaking a terror campaign. The Opposition said that the ruling party (the Government) was starting rumors to create instability in Timor-Leste. The president of the Political Platform of the National Unity, Mr Fernando Lasama, told reporters that the political statement of the President of Fretilin was irresponsible.

During the "Open Government" visit to the District of Oecusse, the community has complained about the lack of clean water and electricity in their villages. The community asked the Government to provide them with solar power. According to the community, solar power is cheaper than the diesel power. In response, Prime Minister Mari Alkatiri said that the Open Government objective is to identify problems. Prime Minister said that the problems identified will be discussed by the Council of Ministers in three months.

August 8, 2003

Suara Timor Lorosae reported that President Xanana receives New South Korean and Czech Ambassadors H.E President Xanana Gusmao, yesterday received credentials from the new South Korean Ambassador to Timor-Leste, Mr Jin Kyu Ryoo at Palace of Ashes. Mr Ryoo replaces the first South Korean Ambassador to the Democratic Republic of Timor-Leste, H.E Mr Lim Byong-Hyo, who left the country in June this year. The Republic of South Korea is one of the donor nations to Timor-Leste. Since 1999 South Korea has supported Timor-Leste in many areas include its contribution in the provision of military force within Peace Keeping Force.

The Czech Republic is the latest country to appoint an Ambassador to Timor-Leste. H.E President Xanana Gusmao, yesterday also received credentials from the first Czech Ambassador to Timor- Leste, H.E Ambassador Jaroslav Vesely, at Palace of Ashes in Caicoli-Dili. In addition to this new appointment, Ambassador Vesely is currently serving as the Czech Republic Ambassador to Indonesia. Ambassador Vesely previously served as a senior staff member of the Foreign Relations Section of the UN Mission in Mozambique as well as a military observer. "The relationship of the Czech Republic with Timor-Leste is far from starting with this solemn ceremony. For many years, former President Haclav Havel kept our cause high on his political agenda and a Nobel Peace Laureate, together with Timor-Leste Foreign Affairs Minister ramos Horta, was outspoken on the steadfastness of our people for self-determination" said President Xanana.

Timorese Association of Social Democratic Party (ASDT), yesterday held a press conference to release the party's political statement. The spokesperson for the ASDT, Mr Feliciano Fatima, read the political statement saying that the ASDT condemns and rejects all forms of action which do not respect human dignity, anti-democratic attitudes and using violence as a means to gain political goal.

The article quoted the spokesperson's political statement as saying that the statement was based on recent political development analysis by the elite politicians of this country. Mr Fatima said that the friction among the nation's elite politicians has reached an acute phase. Mr Fatima gave example of the eviction of Mr Mario Carrascalao from his house and the question of the nationality of Mr Mari Alkatiri and Roque Rodrigues.

The Director of Catholic Relief Service in West Timor, Mr Florentino Sarmento, yesterday met with president Xanana Gusmao to congratulate the President for his initiative on the reconciliation program between Timorese in West Timor and Timor- Leste. Mr Sarmento also thanked the President for the support and trust in Catholic Relief Service to take part in the reconciliation process during the past three years.

The Public Defender's Office yesterday sent a protest note to the Power Authority (EDTL), complaining that the pre-paid electricity went off after only a few hours. Due to lack of electricity, the Public Defender's office activities were interrupted. The head of the Dili District Public Defender's office, Mr Vicente Fernandes e Brito, said that the suspension of his office work could affect the whole judicial system work.

The Timor Post reported that in response to questions from the Timor Post, the President of the Timorese Association of Social democratic Party (ASDT), Mr Francisco Xavier do Amaral, yesterday said that there is no need to question the nationality of Prime Minister Mari Alkatiri. Mr Amaral said that Mr Mari Alkatiri was an independence activist who fought for the liberation of this country.

Timor Post also reported on the ASDT political statement regarding the current political atmosphere. In brief, the statement in Timor Post said that the ASDT appealed to all political parties in Timor-Leste to put the national interest above personal interest. The statement said the people want stability and peace as pre-requisite for the national development.