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Subject: ETHRC UA7/98PR2: Execution and Disappearance
Date: Fri, 31 Jul 1998 17:27:50 -1000
From: ethrc <ethrc@minihub.org>

EAST TIMOR HUMAN RIGHTS CENTRE 124 Napier St Fitzroy 3065 Australia PO BOX 1413 Collingwood 3066 Australia Tel: +61 3 9415 8225 Fax: +61 3 9415 8218 E-mail: ethrc@minihub.org Director: Ms Maria Brett Chair: Bishop Hilton Deakin


URGENT ACTION Progress Report 31 July 1998

NAMES: Carlos da Silva, 25 Carlos da Costa, 36 Manuel Sarmento Graciano da Silva

NEW NAME: Manuel da Costa

VIOLATIONS: Disappearance / Extra-judicial Execution

LOCATION: Baucau, East Timor

Ref: UA 7/98 PR2 Previous report: UA 7/98, UA 7/98PR


The East Timor Human Rights Centre (ETHRC) has received further information in relation to the alleged extra-judicial execution of two East Timorese men by members of Kopassus (Special Forces Command) in Baucau on 10 May, 1998. (See UA 7/98 and UA7/98PR for details)

The ETHRC initially reported that it was believed Carlos da Costa and Carlos da Silva were both shot dead in the 10 May assault on a house in the village of Bucoli, Baucau. Reliable sources have now confirmed that Carlos da Costa was killed in the assault while Carlos da Silva in fact disappeared. Internal steps taken to locate him have so far been unsuccessful and his whereabouts is unknown. The ETHRC fears that he may have been killed but if he is still alive and in military custody, he is at grave risk of torture or execution.

The ETHRC is concerned that there has been no investigation into the killing of Carlos da Costa and that the perpetrators have not been held accountable for their actions. The ETHRC therefore calls on the Indonesian authorities to conduct a full and impartial investigation into the extra-judicial execution of Carlos da Costa and to prosecute those found responsible to the fullest extent of the law.

Additional information about the 10 May assault in Bucoli village

During the assault on the Bucoli house, Manuel Sarmento and Graciano da Silva were seriously injured and taken to the Wirahusada military hospital at Lahane, Dili for treatment. The ETHRC has now confirmed that a third man, Manuel da Costa, was also injured during the assault and taken to the Wirahusada hospital. Manuel da Costa and Graciano da Silva were later released from hospital but Manuel Sarmento was taken into custody at POLRES (Police Resort) in Baucau and charged under Emergency Law No. 12/1951 which relates to illegal possession of weapons. He has been accused of supporting the East Timorese armed resistance (Falintil) and hiding weapons and ammunition.

RECOMMENDED ACTION:

Please send faxes/telegrams/express or airmail letters in English, Bahasa Indonesia or your own language:

* seeking clarification of the exact whereabouts of Carlos da Silva; * if he is in detention, seeking details of the charges (if any) against him and calling for his immediate and unconditional release if he has not been charged with a recognisable offence under existing laws; * seeking assurances that he will not face torture and ill-treatment in detention and that he will be treated humanely in accordance with international standards; * seeking assurances that he will have immediate and on-going access to members of his family, humanitarian assistance and legal representation; and * calling on the Indonesian authorities to conduct a full and impartial investigation into the extra-judicial execution of Carlos da Costa and to prosecute promptly those found responsible to the fullest extent of the law.

SEND APPEALS TO:

1. CHIEF OF POLICE FOR EAST TIMOR Colonel Atok Rismanto Kapolda Timor Timur Dili, East Timor INDONESIA Telegrams: Kapolda, Dili, East Timor

ALSO SEND COPIES TO:

2. SECRETARY GENERAL, NATIONAL COMMISSION ON HUMAN RIGHTS Prof. Dr. Baharuddin Lopa Sekretaris Jenderal, Komisi Nasional Hak Azasi Manusia (Komnas HAM) Jl Latuharhary No 4 B, Menteng Jakarta Pusat INDONESIA Phone/Fax: +62 21 392 5227 Email: info@komnas.go.id

3. MINISTER FOR FOREIGN AFFAIRS Ali Alatas S.H Menteri Luar Negeri Jl. Medan Taman Pejambon No. 6 Jakarta INDONESIA Faxes: +62 21 360 541 / 360 517 / 380 5511 / 345 7782 / 724 5354

PLEASE ALSO SEND APPEALS TO:

* Diplomatic representatives of Indonesia in your country * Parliamentarians and the Foreign Ministry in your country

PLEASE SEND APPEALS IMMEDIATELY Check with the East Timor Human Rights Centre if sending appeals after 11 September 1998

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