Subject: NGO: Summary of rights violations by the
Diocesan Justice and Peace Commission - East Timor
Date: Tue, 26 Jan 1999 13:15:24 -0500
From: "John M. Miller" <fbp@igc.apc.org>[ "As one can clearly see
from this summary, human rights violations continued during the period of January to
December 1998. The Justice and Peace Commission remains concerned with the continuing high
number of human rights violations perpetrated by the state against East Timorese
civilians..."]
50TH ANNIVERSARY OF THE UNIVERSAL DECLARATION OF HUMAN RIGHTS
JANUARY – DECEMBER 1998
A summary of human rights violations based on reports, complaints, and investigations
conducted by the Diocesan Justice and Peace Commission - Justitia et Pax - East Timor (1)
On December 10 1948, the United Nations General Assembly adopted the Universal
Declaration of Human Rights (UDHR) which contains a list of fundamental human rights
principles. The purpose of the UDHR was to establish "a standard joint achievement
for all people and all nations". Since then, several legally binding international
and regional covenants and treaties relating to human rights have been adopted by many
state members. These covenants and treaties have embodied many of the principles enshrined
in the UDHR. Social and cultural rights have also been included.
Under Humanitarian Law, in order to maintain peace, it is less clear whether
international rules can be used to prohibit human rights violations and used to resolve
conflicts. Therefore any form of peacefully resolving conflicts should be
institutionalised and promoted in order to bring an end to all armed conflicts and
maintain peace.
In this context, in order to strengthen human rights generally in the world and
specifically in East Timor there must be respect for all human beings regardless of
ethnicity, religion, race and skin colour. It is therefore tremendously important that all
human beings celebrate together the golden anniversary of the establishment of the
Universal Declaration of Human Rights. The people of East Timor are still searching for
peace and justice, still searching for a way to better protect and promote their human
rights.
To celebrate the golden year of the UDHR, the Justice and Peace Commission presents its
progress report of its work in the field of human rights during the period of January
– December 1998.
During January to December 1998, human rights violations in East Timor occurred in all
the four pastoral regions in the territory. There are 31 parishes in these four regions
and each parish falls under the responsibility of a parish priest. Human rights data is
collected from each parish priest as well as other sources of the Justice and Peace
Commission. The four pastoral regions are divided as follows:
1. East Pastoral Region consisting of the parishes of Baucau, Laga, Manatuto, Lospalos,
Ossu, Viqueque, Soibada, Uatulari and Venilale. Middle Pastoral Region consisting of the
parishes of Aileu, Ainaro, Turiscain, Wekiar/Fatuberlihu, Manufahi/Same, Alas, Maubisse,
Lete-Foho and Ermera. Dili Pastoral Region consisting of the parishes of Vila Verde,
Motael, Balide, Becora, Comoro, Dare and surrounding areas. West Pastoral Region
consisting of the parishes of Liquica, Balibo, Maliana, Bobonaro, Covalima/Suai, Fohorem
and Oecusse.
The main types of human rights violations perpetrated in East Timor are arbitrary
arrest and arbitrary detention, extra-judicial executions, involuntary and/or enforced
disappearances, intimidation and persecution, torture and ill-treatment, rape and sexual
abuse. There have also been violations in relation to land and labour/workers rights.
All the above-mentioned types of human rights violations are violations of civil,
political, social, economical and cultural rights embodied in the covenants and treaties
to which most UN member states are signatory.
During the period January to December 1998, the Justice and Peace Commission received
656 cases of human rights violations committed by the state against East Timorese
civilians. These cases were based on results from investigations, fact-finding field trips
as well as from complaints from victims and their families made to the Diosis in Dili.
These cases clearly indicate that violations have continued despite the change of
leadership in Jakarta.
The Justice and Peace Commission also conducts further investigations on existing cases
in order to follow them up with the local authorities, so as to reach a satisfactory
conclusion to the cases. The main violations experienced by East Timorese civilians at the
first level are usually intimidation, persecution, arbitrary arrest and detention. Many of
these civilians were often accused of being members of the Communist Party Movement (GPK)
or clandestine resistance or guerrillas and were often unjustly accused of committing
violence against other civilians and were accordingly charged under Article 8 of the
Constitution No. 14/1970. In this way, local authorities usually justify arbitrary arrest
and detention of innocent civilians.
The data collected for this report is not representative of all the violations
committed by the state against East Timorese civilians. As previously mentioned, it is a
report based on information received from the pastoral regions, however, the Justice and
Peace Commission is sometimes hindered in obtaining further human rights information from
the regions because of insufficient human resources. Most of the perpetrators of human
rights violations are members of local authorities, including the military and police.
Other perpetrators include groups established and armed by the military such as Team Alfa,
Team Railakan, Team Makikit, Team Saka, Team Sakunar and Team Halilintar.
During the period January to December 1998, the Justice and Peace Commission received
the following number of cases:
Arbitrary arrest and detention - 212 cases, a decrease in number compared with last
year.
Arbitrary Execution - 54 cases, this number is triple the number of killings reported
last year.
Involuntary or Enforced Disappearances - 19 cases, no improvement from last year.
Intimidation Treatment and Persecutions - 234 cases, this is double the number of cases
reported in 1997, a clear indication that the people in East Timor are still not secure.
Torture and ill treatment - 89 cases, this is quadruple the number of cases reported
last year.
Rape and sexual abuse and other gender-specific violations - 14 cases, an increase of
almost five times the number of cases reported in 1997; a clear indication of the
continuing pattern of systematic rape of East Timorese women and girls perpetrated by the
state.
Land related issues - 15 cases
Labour/Worker related issues – 3 cases
Enforced Removal of civilians from their homes- 16 cases.
These are all clear cases of violations of the human rights enshrined in the UDHR,
international conventions on human rights, European covenants on human rights as well as
in the Convention on the prevention of violence against women.
Most of the victims of human rights violations are usually young students, youths and
civilians who participate or are suspected of participating in either the clandestine
movement or Falintil (East Timorese Armed Resistance).
Most of the victims are arrested and detained arbitrarily, and are routinely subjected
to torture while in detention, including cigarette burns, electric shocks, and other
inhumane acts. Some of the victims are buried alive and subsequently die.
In most cases, civilians are arbitrarily detained at Military District Command
headquarters (KODIM), Guard Posts, Rajawali Posts, Halilintar Post, Command Post,
Sub-district Military Command headquarters (Koramil) and many other places which are not
legally recognised detention centres. Some victims were detained temporarily and
subsequently released and were obliged to report periodically to the authorities. Some
detainees who were subjected to torture disappeared, their whereabouts unknown, while
others were brought to trial in an attempt to demonstrate that the local authorities
comply with the law. Some detainees were not brought to trial but were instead used by the
military to carry their equipment.
Nowadays, many of the extra-judicial executions occur in almost all parts of East
Timor. In most of these cases, local authorities claim that the perpetrators are unknown
or that members of Falintil are responsible for the killings. However, in reality, the
civilians including the youths, are always the target of persecution, arrest, torture and
killings by the armed security forces. According to information received and results from
our investigations, the civilians are usually arrested without reason or evidence. In most
cases, they are arrested solely on suspicion of having involvement with the East Timorese
resistance movement.
Following are samples of cases of human rights violations received from the four
pastoral regions. The recent violations which occurred in the Middle Pastoral Region,
namely Alas, have yet to be confirmed due to the fact that to date, no independent human
rights organisation has been permitted to visit the area and conduct independent and
impartial investigations into the incident. Recently, a combined team consisting of
members from the government, ABRI and non-government organisations attempted to
investigate the situation but were prevented from entering the area by soldiers of 01 Alas
Koramil (Sub-district Military Command) who fired shots at them.
The Justice and Peace Commission has expressed its grave concerns over the killing of
Orlando da Costa during the visit European Parliament to Baucau on June 29 1998. This was
a clear case of unnecessary excessive use of force by the authorities. To date, the
perpetrator of the killing of Orlando da Costa has not been brought to justice.
On October 10 and October 29 1998 and the days following, there occurred an incident in
the Middle pastoral region where several military personnel were extra-judicially executed
by an unknown group of people. To date, no further information is available and the
identities of the perpetrators are still unknown.
The case of Antonio Mouzinho Barreto, resident of Dare village, Dili Sub-district, Dili
District is a case of a worker's rights being violated. According to complaints and data
collected by the Justice and Peace Commission, Barreto did not receive his full pay,
including overtime pay for his services. This is clearly in violation of the principles
outlined by the International Labour Organisation.
The killing of Costodio da Silva Nunes on 7 May 1998, is an example of one of the many
extra-judicial executions committed by the military. Before he was killed, Nunes had been
persecuted by the military over a long period of time. On the day of the killing, Nunes
was followed, blocked and finally brutally shot dead near the village of Gugleur in the
Maubara Sub-district. The perpetrators were identified as being members from Koramil 03
Maubara (Sub-district military command), and troops from Unit 712. To date, Nunes family
is being subjected to persecution by the military and is prevented from approaching his
grave site. Costodio da Silva Nunes was buried in a shallow grave.
The case of Felisberto Maria dos Santos alias Sole-Solep is a clear instance of
arbitrary arrest, incommunicado detention and enforced disappearance. Sole-Solep was
arrested by the armed security forces on March 30 1997 at Batugade, located between the
border of East Timor and West Timor. Sole-Solep was arrested and detained by SGI (Special
Intelligence Unit) and taken to SGI Colmera. He was later transferred to Rumah Merah (Red
House) in Baucau. Since then, his whereabouts remains unknown, despite internal steps
taken by his family to locate him.
Celestina Motulelo, aged 79 was one of the land related cases received by the Justice
and Peace Commission. The case involved the illegal acquisition of Mrs. Motulelo's
ancestral lands by the Second Sergeant Arnol Loko Soares, a member of Kodim 1636 Bobonaro
and of Koramil 05 Balibo, the armed forces located in the village of Sanirin. Prior to the
illegally acquisition, the children of Mrs. Motulelo, Ruben Carvalho and Ruben Soares, had
been persecuted relentlessly by the perpetrator.
Another instance of persecution occurred in Kamenasa, Suai district. On 28 April, 1998,
a total of 108 people were persecuted by the military.
As one can clearly see from this summary, human rights violations continued during the
period of January to December 1998. The Justice and Peace Commission remains concerned
with the continuing high number of human rights violations perpetrated by the state
against East Timorese civilians and makes the following recommendations to the
perpetrators of human rights violations:
We appeal to the local authorities to not use their power to oppress the powerless;
We call on the authorities to immediately cease committing human rights violations
against East Timorese civilians;
We appeal to the authorities to prosecute to the fullest extent of the law all
perpetrators of human rights violations;
We appeal to the members of ABRI and other illegal institutions to immediately cease
the practice of arbitrary arrest and detention of East Timorese civilians;
We appeal to all sides involved in the conflict to abide by the principles of Dare
Komunike;
We appeal to all civilians and ABRI members to respect the principles enshrined in the
Universal Declaration of Human Rights;
We appeal to all religious groups to respect and practice their religious doctrine in
order to protect the human rights of the East Timorese people.
Dili, December 11, 1998. - Diocesan Justice and Peace Commission
(1) Report delivered in the Press Conference by Diocesan Justice and peace Commission,
Camara Eclesiastica December 11, 1998, commemorating the 50 years of Universal Declaration
of Human Rights
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