Subject: Final paragraphs and Recommendations of KPP HAM's Report

The following is our translation of the concluding paragraphs of Chapter IV of the Executive Summary entitled 'Conclusions and Recommendations' of the Report of the Commission of Investigation of Human Rights Violations in East Timor, KPP HAM. These are the final three paragraphs of its Conclusions, followed by its Recommendations:

73. The involvement of civilian and military authorities including the police, in collaboration with the pro-integration militias in these crimes against humanity, represents an abuse of power and authority which resulted in the institutional involvement both of military as well as civilian authorities.The evidence shows that the following (incomplete) list of officials from the civilian and military authorities including the police are believed to have been involved:

Governor of East Timor: Abilio Soares District Chief of Dili: Dominggos Soares District Chief of Covalima: Kolonel Herman Sediono District Chief of Liquica: Leoneto Martins District Chief of Bobonaro: Guilherme dos Santos District Chief of Lospalos: Edmundo Conceicao E.Silva Command of Korem 164 Wira Dharma Dili: Brig-General FX. Tono Suratman Commander of Korem 164 Wira Dharma Dili: Colonel M. Nur Muis Chief of Police for East Timor: Brigjen Pol. Timbul Silaen District Military Commander of Suai (Covalima): First Lieutenant Sugito Chief of Intelligence of District Military Command Bobonaro (Maliana): First Lieutenant Sutrisno District Military Commander Bobonaro: Lieutenant-Colonel Burhanuddin Siagian District Military Command Los Palos: Lieutenant-Colonel Sudrajat Commander of Battalion 744-Dili: Infantry Major Yakraman Yagus Commander of Battalion 745-Los Palos: Infantry Major Jacob Sarosa Member of Battalion 744- Dili: Private Luis Commander of Company B-Battalion 744: Captain Tatang Officer of Kopassus/SGI BKO Korem Dili: Lieutenant-Colonel Yayat Sudrajat Staff officer at District Military Command Liquisa: First Lieutenant Yacob dan Serda Commander of the IX Udayana Regional Military Command: Major-General TNI Adam Damiri Security Adviser of the TaskForce P3TT: Major-General Zacky Makarim Commander of Aitarak Militia: Eurico Gutterres Commander of Laksaur Militia: Olivio Moruk Company commander of Laksaur: Martinus Member of Laksaur Militia: Manek Commander of Tim Alfa Militia: Joni Marquez Members of Tim Alfa Militia: Joao da Costa, Manuel da Costa, Amilio da Costa Commander of Red and White Iron Militia: Manuel Sousa Commander of Halilintar Militia: Joao Tavares

The names of other persons directly or indirectly involved are included in the full report.

74. The range of crimes against humanity occurred in East Timor, directly or indirectly, because of the failure of the commander in chief of TNI (Indonesian armed forces) to safeguard security for the implementation of the two options announced by the government. The fact that the police were structurally still under the command of the Minister of Defence at the time helped to undermine the ability of the police to perform their security tasks as laid down in the New York agrement. TNI General Wiranto, as the commander in chief of the TNI, must be held responsible for this.

75. While not in any way diminishing the rights of the persons under investigation to obtain the best possible legal assistance, the KPP HAM notes that, with the exception of the militia, all those who were investigated are getting legal assistance from the Human Rights Advocacy Team for TNI Officers, regardless of the possible conflict of interest this may entail between the parties. The likelihood of conflict of interest is particularly great between TNI officers, police officers, the former Minister Coordinator for Political and Security Affairs and the former Foreign Minister. This fact could, directly or indirectly, affect the speed with which investigations can proceed to collect facts in order to seek material evidence, and could obstruct the upholding of law and justice.

RECOMMENDATIONS

Based ib the afore-mentioned conclusions, the KPP HAM makes the following recommendations:

76. To ask the Attorney General to investigate persons thought to have been involved in grave violations of human rights, in particular, but not confined to, those individuals named in the above conclusion.

77. To ask the Government to draw up a protocol in order to gain access to all the new facts and evidence regarding the violation of human rights in East Timor that are being unearthed by UNTAET and other international bodies.

78. To ask the DPR (Parliament) and the Government to establish a Human Rights Court that has the authority to try human rights violations and crimes against humanity based upon national and international law (Human Rights and Humanitarian Law). This Human Rights Court must have the powers to try human rights violations that were committed in the past, including those that were committed in East Timor.

79. To ask the Government to ratify without delay all those international human rights instruments that are important for upholding human rights in Indonesia, including, but not confined to, the Covenant on Civil and Political Rights and the First Optional Protocol.

80. To ask the Government to give a guarantee of safety for all witnesses and victims.

81. To ask the Government to make every effort to provide just rehabilitation and compensation for the victims and their familiies.

82. To ask the Government to state categorically that every act of gender-based violence is a violation of human rights. In addition, the Government is under obligation to provide the necessary services (psychiatric and psychological) and other forms of compensation for the victims.

83. To call upon the National Human Rights Commission - for the sake of truth, justice and in the interests of history - to undertake a comprehensive investigation of all the human rights violations that have occurred in East Timor since 1975. The results of these investigations should become an official human rights document.

84. To urge the Government to undertake a re-positioning, re-definition and re-actualisation of the TNI so that it becomes a institution whose purpose is to defend the country in a democratic state that upholds the principles of human rights. In order to achieve this, the additional functions of the TNI must be abolished, in particular the territorial function which has until now obstructed and disturbed the proper functioning of the police and civilian governance.

85. To call upon the Government to guarantee the upholding of the law, security and order for the general public. For this to be done, there must be a strict separation between the Indonesian Police Force and the TNI. In addition, measures need to be taken to strengthen and empower the police force by promoting professionalism and the demilitarisation of the police.

86. To urge the Government and the DPR to establish by law an institution for the purpose of collecting state intelligence, so as to ensure that state intelligence is conducted solely in the interesnts of public and state security, thereby ensuring that it does not become a means for violating human rights.

87. To urge the Government and the Supreme Court to ensure that all legal processes regarding crimes against humanity - whoever the perpetrators may be, including members of the TNI - shall be freely and independently conducted without interference from any quarter.

88. To ask the Government to facilitate and remove all obstacles or pressures obstructing the refugees who want to return to their place of origin. In this connection, to ask UNTAET to provide legal safeguards and security to these persons on their return to East Timor.

Jakarta, 31 January 2000

COMMISSION TO INVESTIGATE VIOLATIONS OF HUMAN RIGHTS IN EAST TIMOR

Dr Albert Hasibuan, SH Chair

Dr Todung Mulya Lubis, SH, LLM Deputy-chair

Asmara Nababan, SH, Secretary

Dr Ir H.S. Dillon Member

Drs Koesparmono Irsan, SH, MM, MBA Member

Nursyahbani Katjasungkana, SH Member

Dra Zoemrotin, SH Member

Munir, SH Member


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