Subject: Kontras, et al: CTF Tarnishing the Spirit of “Friendship” of
Commission of Truth and Friendship (CTF)
Tarnishing the Spirit of “Friendship” of Both Nations
Human Rights Working Group (HRWG), KontraS, ELSAM, IMPARSIAL, PBHI,
Yayasan HAK and FORUM-ASIA have closely viewed the 19-21 February 2007
hearing process of the Commission of Truth and Friendship (CTF) as an
instrument of impunity on cases of human rights violations that occurred in
Timor Leste in 1999. In this context, we lay down essential reasons why the
CTF process won’t benefit the people of Indonesia and Timor Leste in
applying its transitional justice.
Firstly, the Memorandum of Understanding (MOU) that became the
baseline of the CTF ignores the international principle of human rights, for
instance, on offering amnesty with no due process of law and vague
responsibility of the CTF in the future. This jeopardises both countries’
commitment at the international level, such as the conflict resolution taken
up by Indonesia on rendering democratisation in Burma. It is also flawed,
with the content in the MoU contradicting the pledges and commitments by
Indonesia as a member of the UN Human Rights Council.
Secondly, the CTF is not serious in exposing the bitter truth of human
rights violations by not prioritising the perpetrators to attend the hearing
process, although they have been identified by UN-sanctioned Commission for
Reception, Truth and Reconciliation - CAVR and Commission of Inquiry on
East Timor - CIET. Instead, in the hearing, the commission categorized
individuals into two groups.
Group 1: Mr Ali Alatas (Former Foreign Minister of Indonesia) Mr F.X
Lopes da Cruz, Mr Mariano Sabino (both from Timorese National Resistance
Council – CNRT), Dr Sofian Effendi (Reactor of FORUM) and Mr Virgilio
Guterres (Resistencia Nacional Dos Estudantes De Timor Leste – RENETIL)
Group 2: Mr Mateus Carvalho (Leader of pro-Indonesia militia, AITARAK),
Mr Emilio Barreto, Mr Manuel Ximenes and Mr Florindo de Jesus Brites (all
survivors of massacres).
Thirdly, until today, there has been no comprehensive explanation of “friendship”
in the framework of transitional justice. In the glossary published by
the commission, the definition of friendship is: “Good relation between
two nations and the people is based on reconciliation and future-oriented as
well as to promote contacts between people and people, innovative and
cooperation to uphold peace and stability”.
Supposedly, the product of friendship based on the CTF’s work should be
excelled upon transitional justice. For example, cooperation and
responsibility for victims’ rehabilitation, mutual solutions through
information exchange, witnesses etc. to ensure all identified perpetrators
of human rights violation are not spared from due process of law. The
commission mandate as stipulated in the MoU is neither political nor
cultural but based upon facts.
Therefore, Human Rights Working Group (HRWG), KontraS, ELSAM, IMPARSIAL,
PBHI, Yayasan HAK and FORUM-ASIA express our concern. We:
- Demand both governments to reformulate the MoU based on the
international principle of human rights as the guide, and taking into
account people’s aspiration; justice, truth and reparation.
- Demand the
presidents of both nations to grant subpoena powers to the Commission of
Truth and Friendship to order all identified perpetrators of human rights
violations to attend the commission processes without excuses that linger on
in the judiciary process.
- Demand the Commission of Truth and Friendship to prioritise all identified perpetrators of past human rights violation to
participate and cooperate at the hearing processes.
- Demand Indonesia and
Timor Leste, as well as the Commission of Truth and Friendship to not make
any contradicting conclusions upon the hearing process, with the official
information provided by both nations through KOMNAS HAM and the Commission
of Inquiry in East Timor (CIET).
Jakarta, Bangkok and Dili
23 February 2007
HRWG, KontraS, ELSAM, PBHI, IMPARSIAL, Yayasan HAK and FORUM-ASIA
 Comissão de Acolhimento, Verdade e Reconciliação de Timor Leste (CAVR)
[Please note a more uptodate link is at
 International Commission of Inquiry on Timor Leste (CIET) webpage. http://www.ohchr.org/english/docs/ColReport-English.pdf
 Glossary of Terms No. 20, Persahabatan. http://www.ctf-ri-tl.org/ctf1/index.php
The Commission for Dissapeared and Victims of Violence (KontraS) Jl.
Borobudur No. 14 Menteng Jakarta Pusat 10320 Indonesia phone : 62-21-3926983
fax : 62-21-3926821 email : firstname.lastname@example.org website : www.kontras.org
mailinglist : email@example.com
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