Subject: ETHRC Annual Report: Part 2
Date: Mon, 01 Mar 1999 17:45:59 -1000
From: ethrc <ethrc@minihub.org>continued from part 1...
C. HUMAN RIGHTS VIOLATIONS
In the period July to December 1998, East Timorese people were subjected to
extrajudicial execution, arbitrary detention, torture, ill-treatment, disappearances, rape
and unfair trials, as well as facing restrictions of freedom of expression and
association. This report is not a comprehensive account of all violations during this
period but is based on information reported to the ETHRC.
The violations are clear breaches of the fundamental rights enshrined in the Universal
Declaration of Human Rights, which the government of Indonesia has endorsed through its
membership of the United Nations. They also constitute violations under the International
Covenant on Civil and Political Rights and the Convention Against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment. Although these instruments have not been
ratified by the government of Indonesia, they represent the widely accepted standards
within the international community.
1. VIOLATIONS OF RIGHT TO LIFE
1.1 Extrajudicial Execution
During the period covered by this report, the ETHRC received 35 reports of violations
of the right to life perpetrated against East Timorese people, of which 28 were
extrajudicial executions and 7 were attempted extrajudicial executions. Indonesian
security force personnel are believed to be responsible for most of the executions but
civilians are also responsible for some killings.
For the vast majority of the cases perpetrated by the Indonesian military, the
government of Indonesia has undertaken no investigations and the perpetrators have not
been brought to trial or punished. Of particular concern is the fact that there has not
been a full and impartial investigation into the violations committed during the military
operations in November in the Alas subdistrict, which is believed to have resulted in up
to fifty East Timorese civilians being killed by Indonesian military personnel. Given the
seriousness of the allegations, the ETHRC believes such an investigation should be carried
out but an independent, international expert, who should ideally be a representative of
the United Nations.
Case 1.1.1
On 2 April, Domingos Amandio, 43, Domingas da Costa, 39, and their eighteen month old
daughter, Maria da Costa, were shot dead in their home in Garuai village, Baucau district.
According to ETHRC sources, three unidentified men approached Amandio's house at
approximately 1 p.m. While two of the men waited outside, the third entered the house
under the pretence of buying some kerosene. The man then shot Amandio dead as he turned to
fetch the kerosene. The same man then shot Amandio's wife and their young daughter who was
being held in her mother's arms. Both died instantly.
While the perpetrators are unknown, the killings are believed to be politically
motivated. There are two conflicting versions of the incident: the first version is that
the Indonesian military is responsible for the killings while the second version is that
the East Timorese Resistance is responsible (see case 7.1 for details). The ETHRC has not
been able to confirm which version is correct and has therefore called for a full and
impartial investigation.
Case 1.1.2
On 10 May, Carlos da Costa, 30, was killed during a military assault on a house in the
village of Bucoli, Baucau district. Carlos da Costa was previously reported by the ETHRC
as disappeared(14) but ETHRC sources have now confirmed that Carlos da Costa was shot dead
during the assault.
Case 1.1.3
On 3 June, Januario da Costa Ximenes, was stabbed to death by Private (first class)
Lucio da Costa in Soba village, Laga subdistrict, Baucau. The victim was returning home
from community service work with youths from "Mudika", a Catholic youth group,
when he was called by his aunt, Lucia da Costa, wife of Lucio da Costa, to follow her to
her home. At approximately 7 p.m., Lucio da Costa arrived at the house, and upon seeing
the victim immediately attacked him with a knife, stabbing him repeatedly. Januario Da
Costa Ximenes died instantly. The perpetrator then turned himself in to Polsek, Laga. He
is now in detention at the Baucau Military Police headquarters. It is alleged that the
victim had had a sexual relationship with Lucio da Costa's daughter.
Case 1.1.4
On 24 September, junior high school student, Castro Ribeiro, 16, of Baurah hamlet,
Leorema village, Bazartete subdistrict, was stabbed to death by a number of civilians in
Lebuae hamlet, Darulete village, Liquica district. It is believed that Castro Ribeiro's
murder was instigated by the head of Lebuae hamlet, and local Gadapaksi militia chief,
Carlos Melo, who suspected Ribeiro of involvement in the clandestine resistance movement.
Two of the civilians suspected of direct involvement in the killing, are Agustinho
Almeida, a classmate of the victim, and Agustinho's father, Jose Almeida. After
interrogation of these suspects by police investigators from Polres Liquica, the body of
the victim was located and disinterred. The subsequent examination of the body revealed
multiple stab wounds to the torso, and cuts to the forehead and neck, caused by blows
delivered with a metal object, as well as multiple fractures of the limbs. Agustinho
Almeida is now being tried for murder under Indonesian criminal law. Carlos Melo, Jose
Almeida and two others, Jose Leonardo and Eugebio Almeida, are being tried for concealment
of a crime, and are currently under house arrest.
Case 1.1.5
On 24 September, Anastacia de Assuncao,18, of Assalaino village, Lautem district, was
killed on her way home from school.(15) Anastacia was last seen getting a lift home from
school on a motorcycle. The driver and prime suspect was identified as Damiaun, a member
of the paramilitary group, Team Alpha. Local police concluded that Anastacia's death was
accidental and that she sustained head and neck injuries when she fell from the
motorcycle. Damiaun was convicted of contributing to Anastacia's death as the driver of
the motorcycle (KUHP Articles 359 and 360) and was sentenced to one and a half years
imprisonment.
ETHRC sources claimed that Anastacia was, in fact, killed by the suspect because of her
family connections with members of the armed resistance. It is believed she was the niece
of a local Falintil commander. Sources also suspected that the victim may have been raped
and that there was inadequate investigation of the case. No autopsy was conducted and the
victim's body was buried two days after the incident.
Case 1.1.6
In November, the people of Alas subdistrict, Manufahi district, in the south of East
Timor, experienced a marked escalation of violations which took place in the context of an
intensive military operation aimed at finding those responsible for attacks against ABRI
members in the area. The first attack against ABRI took place on 29 October at a political
meeting at Weberek and resulted in the killing of three Indonesian soldiers and a civilian
by members of Falintil (see case 7.2 for details). The second attack took place on 9
November when members of Falintil and East Timorese civilians assaulted a military command
post in Alas. Three ABRI soldiers were killed, another thirteen taken captive, and a large
cache of rifles and ammunition was taken. Eleven of the captives were subsequently
released. It is believed the remaining two decided to join the Resistance.
In the military crackdown that followed, serious violations were committed by ABRI
personnel in the Alas area, including extra-judicial executions, arbitrary detentions,
torture and ill treatment, and sexual abuse. According to ETHRC sources, the ABRI forces
responsible for the military operation and for the many human rights violations that were
perpetrated included personnel from battalions 315, 744, 745, Marine forces, Garuda
Penculik, Black Horse Mobile Brigade and Hansip.
Between 9 and 16 November, it is believed up to fifty East Timorese people were killed
by ABRI personnel in what local sources have described as a "massacre". Many
others were arrested and arbitrarily detained (see case 2.1.12 for details) with some
detainees being subjected to torture and ill-treatment (see cases 3.1.5 and 3.1.6 for
details). Numerous others became victims of random acts of violence committed by military
personnel (see case 3.2.6 for details). Two young East Timorese women were also subjected
to sexual abuse and harassment in addition to being repeatedly beaten by military
personnel (see case 3.3.2 for details).
Reports of a massacre taking place in the Alas subdistrict were called into question by
the International Committee of the Red Cross (ICRC).(16) The ICRC delegate who was sent to
the area said only four people had been killed, 13 detained, and some property destroyed.
However local human rights NGOs have expressed doubts about the ICRC's findings, given
that it is not a human rights organisation and does not have expertise in fact-finding.
The ICRC also operates under strict requirements of confidentiality. It appears that the
limited investigation undertaken by the ICRC was done under the scrutiny of the Indonesian
military and it is unlikely the local population would have felt free to disclose any
information they may have about the alleged killings.
The local population was certainly living in great fear, as evidenced by the fact that
many villagers fled to the surrounding forest areas for safety. Others took refuge at
their local Catholic parishes and some sought refuge in Dili. Those villagers who remained
at home faced a critical shortage of food and water as ABRI was controlling the food
supply and it is believed the military also destroyed the water pipeline. Access into the
Alas subdistrict was forbidden and roads were blocked to prevent access by outsiders.
According to some reports, soldiers also burnt thirty homes belonging to the East Timorese
who were arrested or killed in the attack.
The number of people actually killed in the crackdown remains unclear as local human
rights organisations have faced great difficulties in obtaining accurate information about
the incident because of restriction on access to the Alas area. However, the ETHRC has
received details of nineteen people who, it is believed, were killed during the operation.
On or about 9 November, Felipe (no surname) and four other unidentified civilians were
summarily executed. It is believed the victims were arbitrarily arrested in Alas and taken
away in a military truck. When the truck bearing the detainees arrived at the Dotik
military post, one of the five, Felipe, was taken behind the military post and killed with
an axe until his body was mutilated. He was buried at the same site and the burial was
witnessed by a member of the Catholic Church. The perpetrator is believed to be Chiquito,
a member of military intelligence. The other four were shot dead and their bodies buried
in different locations, one at the Becucu military post, and another at Motakelan military
post. The location of the two other bodies is unknown.(17)
On 13 November, ABRI forces attacked the village of Taitudak, arresting Vicente Xavier,
the village chief, and four other unidentified young people. They were taken to the
village of Barike where they were shot dead by military personnel. In a report from the
Dili-based newspaper Suara Timor Timur, the Indonesian military chief of East Timor,
Colonel Tono Suratman, confirmed the death of Vicente Xavier, claiming that the village
chief had been one of the masterminds behind the Falintil attacks on the military.
In a later report to the ETHRC, nine people, believed to have been killed, were
identified. They were: Guilhermino Goncalves, 40, killed by BTT 744; Agusto da Costa, 38,
of Dalan village, Tutuluro subdistrict, killed by BTT 744; Adriano Fernandes, 27, of
Taitudak village; Antonio Rebelo of Mahakidan village; Egidio da Costa, 23 of Taitudak
village; Fransisco Xavier (alias Angelito) of Turiscai, killed by members of Koramil and a
combined unit; Martino Barreto, 24, of Turiscai, killed by combined unit of battalions
745, 744 and Koramil troops; Mateus Manu Bereliku, 48, and Luis Fatima Soares, 25, both of
Mindelo village, Tuirscai, killed by battalions 745, 744 and Koramil troops from Turiscai.
It is not clear whether some of the nine identified victims were amongst those earlier
reported as killed but unidentified.
Case 1.1.7
At 8.00am on 2 December, Fransisco Carvalho, of Mata-Hui village, was shot dead by two
unidentified men as he was teaching at the Uato-Lari local school, Viqueue district. A
Catholic nun and other teaching staff present at the school were also threatened by the
men. The incident was reported immediately to the local Koramil post, however a pursuit of
the perpetrators was not conducted until 11.00am. Spent cartridges taken from the site of
the incident have been identified as originating from M-16 rifles. It is believed the
Indonesian military is responsible for the death of Francisco Carvalho. As far as the
ETHRC is aware, there has been no investigation of the killing.
Case 1.1.8
On 10 December, it is believed an East Timorese man was killed by ABRI personnel and
civilian collaborators belonging to a paramilitary group. The ETHRC has not been able to
confirm the identity of the victim who was buried on 12 December. The killing was part of
the intensive military operation in the Cailaco area in late November and early December,
intended to find those responsible for the 27 November killing of two members of ABRI (see
case 2.2.13 for details).
Case 1.1.9
On 3 January 1999, in the Ainaro subdistrict, eight East Timorese youths were shot and
attacked with machetes by members of the "Mahidin" (Life or Death with
Integration) civilian militia group. Two of the youths, Julio (no surname), 24, and
Reinaldo (no surname), 23, were killed and another six sustained serious injuries (see
case 3.2.8 for details).
It is believed the violence started when members of Mahidin shot at two youths, at the
Mahidin headquarters in the village of Munatasi, Ainaro subdistrict (see case 3.2.8 for
details). The two youths went to tell a group youths what had happened and the group
immediately set out for the Mahidin headquarters, intending to stage a counter-attack.
However, en route, the youths were confronted by armed Mahidin personnel who immediately
opened fire on them. Reinaldo and Julio both died instantly and the other six sustained
serious gunshot wounds.
Those directly responsible for the killings are believed to include Joao Baptista, Jose
Perreira and Celesatino, under the leadership of Cancio Lopes de Carvalho, head of the
local Mahidin militia.
1.2 Attempted Extrajudicial Execution
Case 1.2.1
On 30 July, student activist Pedro Araujo was shot by three plain-clothed members of
the military outside his home in the suburb of Bairo-Pite, Dili. The attempted execution
was witnessed by Araujo's uncle, Francisco Araujo, who was present in the house at the
time. It is believed the perpetrators asked the police to take away the body immediately
after the shooting. According to sources, Pedro Araujo survived the shooting and was
treated at Wirahusada military hospital, Dili.
Case 1.2.2
On 30 November, six civilians were shot at by members of BTT 144, SGI and the
Halilintar paramilitary in the Sare area on the border of Cailaco and Atabae subdistricts
and the Ermera district. They were identified as Alfonso Goveia, 28, Domingos Cardoso, 30,
Alexandrino Nesi, 28, Carlos Soares, 24, Alberto Lacobebi, 25, and Santiago (no surname),
30.
It is believed the attempted executions were connected with the hunt for the killers of
two ABRI personnel in Cailaco on 27 November (see case 2.1.13 for details). Since the 27
November killings, East Timorese civilians in Cailaco have been repeatedly terrorised by
the military.
2. VIOLATIONS OF THE RIGHT TO INDIVIDUAL LIBERTY
During the period covered by this report, the ETHRC received 150 reports of violations
of the rights to individual liberty against East Timorese people, including 149 East
Timorese people who were arbitrarily detained and one person who disappeared. The ETHRC
also received further information about several disappearance cases from earlier periods.
Some of the information obtained alleges that the "disappeared" people were in
fact killed, but these reports are very difficult to confirm.
Once again, the vast majority of allegations have not been investigated and the
perpetrators have not been brought to trial or punished, highlighting the fact that
members of the Indonesian security forces enjoy almost complete impunity for violations
perpetrated against East Timorese people.
2.1 Arbitrary Detention
As the statistics indicate, arbitrary detention is a frequent practice is East Timor.
The detentions documented here were arbitrary by accepted international standards but
Indonesian authorities also failed to comply with standards under their own legal system.
Suspects were invariably arrested without warrants,(18) they were often arrested by the
military or civilian militia, rather than by police, as required under Indonesian law,(19)
and they were not charged and brought to trial within the proper time required by law.
Case 2.1.1
On 13 July, Eusebio Ximenes, 22, and Salvador Carvalho, 24, were arrested by members of
SGI, Rajawali, BTT 512, Yonif 744 and Police in Bairo Economico hamlet, Santa Cruz
village, East Dili. They were suspected of their involvement in damaging the governor's
office during a funeral procession. The two were taken to Polres Dili and then transferred
to Polsek West Dili. Carvalho was held for three days before being released. Ximenes was
also subsequently released.
Case 2.1.2
On 13 July, at 11 p.m., Fransisco da Cruz, 22, along with two other unidentified
youths, were arbitrarily arrested by military personnel, while the youths were standing
guard in Hudi Laran, Bairo Pite village, West Dili, against anticipated attacks by
"Ninjas". Ninjas are roving gangs of masked or hooded men, hired by the
Indonesian military to intimidate independence supporters, often by conducting night-time
raids on their homes.
Upon arrest, the three youths were subjected to severe beatings and taken away in a
military truck. They were detained for several days at Polres Dili before being released.
While the victims were in detention their families were not informed of their whereabouts
and they had no access to legal representation.
Case 2.1.3
On 14 July, three East Timorese civilians, Augusto da Silva, 19, Herminio (no surname),
35, and Augusto (no surname), 25, were arbitrarily arrested by members of SGI, Kodim
Bobonaro, the police, Brimob and the locally raised paramilitary group, Halilintar.
Augusto da Silva was arrested in Dato Kota hamlet, Balibo village, Bobonaro District,
while Herminio and Augusto were both arrested in Leohitu village, Balibo subdistrict. All
three were arrested at night. The men were suspected of taking part in pro-referendum
rallies and were interrogated as part of an effort by the military to obtain information
regarding the organisers of the rallies. The men were arbitrarily detained at Kodim
Bobonaro and released the following day.
Case 2.1.4
On 14 July, Fransisco (no surname) was arbitrarily arrested in Maubara, Liquica
district, by members of Kodim Liquica 1638 and Koramil Maubara 03, while travelling on a
bus en route from Suai to Dili.(20) It is believed that the arrest was made as part of the
operation conducted by the military to prevent demonstrations against Integration Day, the
official commemoration of Indonesia's formal annexation of East Timor on 17 July.
Francisco was detained at Kodim Liquica and subjected to torture. Sources who visited him
reported that, as a result of the torture, his face was disfigured to the point of being
almost unrecognisable.
On 18 July, Fransisco was taken away in a Kijang vehicle to Maubara where, it is
alleged, security forces intended to kill him. However, in Maubara, Fransisco is believed
to have screamed for help and attracted the attention of a crowd who had gathered at a
nearby house for a funeral. When people in the crowd tried to assist him, it is believed
the military decided to take Fransisco back to Kodim headquarters in Liquica. It is
believed he may still be held there in incommunicado detention, although this remains
unconfirmed.
The perpetrators of Fransisco's arrest and torture have been identified as East
Timorese members of the Indonesian military: Antonio Andrade, Administrative section head
of Kodim 1638 Liquica, Tome Diogo, Chief of SGI for Kodim 1638 Liquica, Jacinto (no
surname) from Kodim Liquica, Chico Buti, Teofilo (no surname) and Antonio Gomes from
Koramil 03 Maubara.
Case 2.1.5
On 24 July, Nuno Lopes Soares Gama, 25, was shot at, stabbed in the stomach with a
bayonet, beaten and trodden on by members of the police and military during an operation
in the area of the Comoro market. The victim was then arbitrarily arrested and his family
was not informed of his arrest. According to the head of the Dili Police Information
Service, Captain Widodo, Nuno Gama was suspected of the theft of a motorbike, last seen in
the vicinity of the Comoro market. He was detained at the Wirahusada military hospital,
and was subsequently released.
Case 2.1.6
On 27 July, four East Timorese youths, Carlito Xavier, 17, Nuno Borges, 20, Fernando
Pereira, 20, and Justino de Araujo, 22, were arbitrarily arrested by members of a police
pioneer unit at Delta housing complex, Comoro village, West Dili. The four were arrested
under suspicion of involvement in the clandestine resistance movement. They were
transported by car to Polda, Dili, where they were arbitrarily detained. While en route to
Polda the youths were beaten up. The victims were subsequently released.
Case 2.1.7
On 30 September four East Timorese youths, Marcos Belo, Agapito Belo, Carlos Pinto Belo
and Ernesto Amaral Belo, were arbitrarily arrested during a military operation in the
hamlet of Kaisida, 10 kilometres from the city of Baucau.(21) The military operation was
conducted at about 9.00am by an Indonesian Air Force unit from Lanud Baucau, the military
airport. The military forces attacked seven houses in the hamlet, arrested the four East
Timorese men and confiscated personal property belonging to residents of the hamlet
including shoes, hats, knives and cassette recordings and documents relating to
clandestine resistance activities.
The four detainees were taken to the Air Force headquarters at Lanud Baucau where they
were interrogated and, it is believed, subjected to torture. They were accused of stealing
an electric cable. However, it is believed the real reason for their arrest was that they
were suspected of being members of the Clandestine Resistance, and that they had
participated in public forums to discuss East Timor's future.
Three of the men, Agapito Belo, Carlos Pinto Belo, Ernesto Amaral Belo, were released
after 12 hours. Marcos Belo was also subsequently released.(22) Given the circumstances,
the ETHRC is concerned that the men were targeted solely for their non-violent political
activities.
Case 2.1.8
Between 1 and 3 October, seven civilians are believed to have been arbitrarily arrested
in the village of Uailori, Viqueque district, in an orchestrated military operation by
troops from Battalion 646. Their names are as follows: Gregorio Da Costa, Domingos Da
Costa, Abel Funu Mau, Manuel Zunga, Fernando Da Cruz, Sertorio da Costa, Julio Ximenes. It
is not known whether the victims have since been released or are still being held.
Case 2.1.9
On 10 October, Manuel Mendonca, Anito Goncalves and Gergio Amaral were arbitrarily
arrested by the military in Sukabilaran hamlet, Suai Loro village, Debos subdistrict,
Suai. The arrest occurred after the three had been involved in a brawl with other
civilians belonging to the Gadapaksi militia, in the border area of Belu district, West
Timor. The men were detained at Polres Suai, and were then transferred to prison in
Atambua, West Timor. After lengthy arbitrary detention, the three were released in
November.
Case 2.1.10
On 19 October, high school student Salvador Gomes was arbitrarily arrested by a group
of ten military personnel in Matadoro hamlet, Vila Verde village, West Dili. In the
presence of his friends, the youth was stepped on and threatened with a pistol and forced
into the vehicle driven by the perpetrators. He was then taken to Polres, Dili, where it
is believed he was arbitrarily detained. It is believed that the victim was suspected of
involvement in protests against the stabbing of an East Timorese university student in
Kupang, West Timor.
Case 2.1.11
On 10 November, Jacinto Lobato, 28, Ernesto Gaspar, 27, Domingos Martins, 28, and Julio
Soares, 26, all of Laumata village, Atabae subdistrict, were arbitrarily arrested by
members of Territorial Battalion 144 and the Halilintar paramilitary. It is believed that
the victims were temporarily held at the local military post. The five were interrogated
and severely beaten before being allowed to return to their homes. It is believed they
were suspected of participating in a political dialogue held in Atabae on 8 November. In
the circumstances, it appears the men were detained solely for expressing their political
views.
Case 2.1.12
In connection with the ABRI attack on the Alas subdistrict beginning on 9 November (see
case 1.1.6 for details), large numbers of East Timorese civilians were arbitrarily
detained, including some who were subjected to torture and ill-treatment (see case 3.1.6
for details). Up to fifty others are believed to have been killed (see case 1.1.6 for
details) and numerous others became victims of random acts of violence committed by the
military (see case 3.2.6 for details). Two young women were sexually abused and beaten by
ABRI personnel (see case 3.3.2 for details).
The ETHRC received reports detailing the names of 40 who were arbitrarily arrested and
detained. Of this number, ten were arrested on 16 November by members of Kopassus in their
homes in the villages of Taitudak and Betanu: Acacio Conceicao, Hermenegildo (no surname),
S. Alves, Alvitu (no surname), Bensiol da Costa, Cursius da Costa, Duarte da Costa
Fernandes, Jako'o (no surname), Januario da Costa Franco and Tobias Amaral. It is not
known whether they are still in detention because of difficulties in obtaining information
from the Alas area.
Another five East Timorese people, believed to have been arbitrarily detained, were
identified by CNRT in Dili: Eduardo Magalhaes, Selcio Magalhaes, Victor da Costa, Miguel
da Costa and Jaime da Costa. It is believed the five were suspected of having links with
Falintil. No further information is available.
The names of another eleven people believed to have been arbitrarily arrested were
reported to the ETHRC by local sources: Adroaldo Marques, Albino Fernandes, Antonio
Xavier, Augusto Fernandes, Corcino da Costa, Joao Corte-Real, Joao Pachero, Luis
Corte-Real, Mateus Tilman, Sancha Maria (female), Vicente (no surname). Again, no further
information is available.
Amnesty International reported that a further 36 East Timorese families were
arbitrarily detained by the Indonesian Armed Forces (ABRI) at Dotik village.(23) It is
believed the families were taken into custody in an attempt by the military to force them
to reveal the identities of others in the village who had allegedly taken part in the 9
November attack on the Alas military base. The families were detained for at least two
weeks and access to the families is believed to have been restricted.
Case 2.1.13
Between late November and early December, numerous East Timorese youths were arrested
during an intensive military operation in the Cailaco subdistrict, Bobonaro district,
launched on 27 November. The detainees who were reported to the ETHRC were all subjected
to torture and ill-treatment (see case 3.1.7 for details). It is believed the operation
was conducted in order to find those responsible for the 27 November killing in Cailaco of
two members of ABRI. One of the security force personnel responsible for the arrests has
been identified as Paulo Goncalves.
One group of eight youths were arbitrarily arrested on 27 November by members of BTT
144, Halilintar, Kodim and SGI, at their homes in the village of Aidabaleten, Atabae
subdistrict. The youths were all subjected to torture and ill-treatment (see case 3.1.7
for details). Of the group, seven have since been released but Agostinho Pereira da Silva,
remains in arbitrary detention at Polres Bobonaro. It is believed da Silva is being kept
in detention because he admitted to having contact with members of Falintil.
On 24 December, ETHRC sources reported that approximately 250 civilians who had fled
from the military onslaught in the Cailaco area, were taking refuge in Dili, under the
auspices of KONTRAS, a local human rights organization. Others fled to the Maliana parish
priest for refuge.
In addition, twelve others from the villages of Daudu, Saehae, Marko and Kauloko
reported that money and valuables were taken from their homes during the military
operation: Jose Paulelo (Rp 180,000), Paul Ximenes (Rp 240,000), Julio Viana (10 eggs),
Iria Caibui (1 carton cigarettes), Joaquim Ximenes (1 Seiko watch), Rofino Soares (1
chicken), Feliciano Martins (Rp10,000), Carlos Antonio (Rp10,000), Frederici Lopes
(Rp800,000), Anita Soares (Rp 500,000 and a sack of gold), Cemeido Tavares (Rp 500,000 and
a sack of gold) and Gusmao Oliveira Mota (Rp 500,000).
Other cases reported to the ETHRC
See cases 2.1.14 to 2.1.20 in Appendix A for additional cases.
2.2 Enforced Disappearances
In the first half of 1998, the ETHRC received reports of 20 East Timorese who
disappeared at the hands of Indonesian security personnel.(24) This report includes one
additional case of disappearance from the first half of the year. Disappearance cases
which were reported to the ETHRC in the second half of the year have not been included in
this report as the information received was incomplete and it is not known whether those
reported as disappeared have now been located. Lack of access to the territory for human
rights organisations means that it is very difficult to obtain follow-up information about
the progress of cases. People reported as "disappeared" have often been
arbitrarily detained at unknown locations and the vast majority of these people are
released in due course. However, those who are never located are likely to have been
killed.
Further information about several disappearance cases from earlier periods is also
included in this report. Unfortunately, some of the information obtained alleges that the
disappeared people were in fact killed, but these reports are very difficult to confirm.
Case 2.2.1
On 2 February, Fernando Barreto was arrested in Cailaco village, Bobonaro district,
allegedly by members of Kopassus. His current whereabouts is unknown.(25)
Case 2.2.2
Felisberto Maria dos Santos, 44, alias Sole-Solep, who was arrested and detained with
Domingos Laranjeira, 36, Jose Sobral, 40, and Marcelino Fatima dos Santos, 29, by
plain-clothed SGI personnel on 30 March 1997, is believed to be still missing.(26)
According to sources Felisberto was suspected of belonging to Falintil, while the other
three men were suspected of involvement in the clandestine resistance. The other three men
are confirmed to have been released.(27)
According to an unconfirmed report, Felisberto may have died under torture in one of
the military torture centres in Dili or Baucau. It was reported that he was tortured to
death while being hung upside down.
Case 2.2.3
The whereabouts of Joao Guterres, 29, reported missing following his arrest on 15 May
1997, in Baucau district, is still unknown.(28) An ETHRC source later reported Joao
Guterres to be in detention at Battalion 744 headquarters in Taibessi, Dili, where he was
subjected to torture.(29) It was reported that he is being detained in a dark cell where
East Timorese prisoners, who are going to be killed, are kept. Two unidentified East
Timorese people were also reported to have been arrested and detained with Joao Guterres
in the same cell.
According to a further unconfirmed report, Joao Guterres may have been killed in
detention.
Case 2.2.4
The whereabouts of Julio Gomes, 19, of Luca village, Viqueque district, who disappeared
after his arrest on 4 April 1997, is believed to be still missing.(30) He was arrested by
two members of Gadapaksi Intel and members of the Rajawali battalion. It is believed that
Gomes was arbitrarily arrested and the reason for his arrest is not known. Gomes' family
went to Intel headquarters to inquire as to his whereabouts but was unable to obtain any
information or to locate him.
3. VIOLATIONS OF THE RIGHT TO INTEGRITY AND SECURITY OF PERSON
Torture, rape and other cruel, inhuman or degrading treatment are serious violations of
the rights to physical and psychological integrity of the person. In East Timor, there is,
of course, a cycle of almost complete impunity for the perpetrators of these violations,
as allegations are generally not investigated by the Indonesian authorities and
perpetrators are not brought to justice.
In the period July to December, at least 63 East Timorese were subjected to torture at
the hands of security forces, usually in order to obtain information. The ETHRC also
received reports of 3 East Timorese people who were subjected to rape and sexual abuse,
and 120 who were subjected to other cruel, inhuman or degrading treatment.
These violations generally occurred in police or military detention centres, but there
are also cases of people being tortured or ill-treated at the time of their arrest. The
fact that East Timorese people are tortured and ill-treated so frequently and
systematically in Indonesian detention centres, makes it clear that Indonesian authorities
have failed to meet accepted international standards in respect of treatment of prisoners
in detention, to which Indonesia has subscribed.(31)
3.1 Torture
Case 3.1.1
On 10 July, five youths, Cornelio Mauxeta, Geronimo Metan, Egas Vicente, Eurico (no
surname) and Americo (no surname) were arbitrarily arrested by military personnel in Holsa
village, Maliana. It is believed that the arrests were made in connection with the
military's attempt to suppress public expressions of dissent on 17 July, Integration Day.
The youths were arbitrarily detained, interrogated and severely tortured for approximately
three hours. Four of the youths were then released while Americo was held at Kodim
Bobonaro. No further information about his detention is available.
Case 3.1.2
On 10 July, nine East Timorese youths, Jose dos Santos Silva, 25, Abreu Maia, 24,
Serafin Ximenes, 28, Fransisco (no surname), 24, Abel da Cruz, 26, Cipriano Domingos
Oliveira, 26, Benjamin Billi, 25, Domingos Fernandes, 25, and Joao Carvalho, 24, were
arbitrarily arrested at night at their homes in Balibo village, Bobonaro district, by
members of a combined unit of SGI, Brimob, Police, territorial troops, and Halilintar. The
youths were suspected of planning to damage the Balibo Integration Monument, having a
Fretilin flag in their possession, and of involvement in organising pro-referendum
demonstrations in Dili. They were arbitrarily detained overnight at Kodim Maliana, during
which time they were interrogated and subjected to torture.
Case 3.1.3
On or around 11 July, five East Timorese youths were interrogated and tortured in order
to obtain information about the activities of other East Timorese youths. Based on
information obtained, another five youths were arrested, three of whom were also subjected
to torture.(32)
The first group of youths was arrested at about 11.00pm on 11 July: Eugenio Sousa,
Marito (no surname), Serafin de Jesus Ribeiro, Augusto Pinto and 16 year old Esaias (no
surname). At the time of their arrest, the youths were standing guard in the Beto hamlet
in Comoro, Dili, for protection against "Ninjas". While standing guard, the five
youths were surprised by twenty armed members of ABRI who asked them why they were there.
The youths said they were keeping guard against Ninjas and the soldiers replied "we
are the Ninjas", then started beating and torturing the East Timorese youths. They
were all kicked and beaten with gun butts in order to extract information. Serafin de
Jesus Ribeiro and Augusto Pinto were stripped naked and then hit in the face, forehead,
head, chest and stomach.
It is believed information was obtained during the torture and the five were allowed to
go free. However, based on the information obtained, another two East Timorese youths,
Carlito Guterres and Fernando Pereira, were arrested. They were kicked and beaten with gun
butts at the time of their arrest and accused of organising pro-independence youths to
keep guard against Ninjas. They were later released.
Three other East Timorese youths were arbitrarily arrested and tortured the following
day: Januario Freitas, Abilio Vicente and Olandino Oliveira. They were accused of being
members of the clandestine resistance and being responsible for demonstrations calling for
a referendum in East Timor. When the youths were arrested, they were thrown into two
military trucks that were waiting nearby, containing Brimob members.
They were taken to West Dili Koramil, where they were detained for 24 hours. They were
then transferred to Polres headquarters in Dili, where they were interrogated. During the
interrogation session, the victims were stripped naked, tortured, and beaten with gun
butts to all parts of their bodies. The security personnel conducting the interrogation
also threatened to kill them if any East Timorese people from their area organised
demonstrations in Dili, or attended pro-independence forums at the University of East
Timor.
Following their arrest, the whereabouts of the three men was unknown until local
sources located them at the Wirahusada military hospital, where they were receiving
received treatment for injuries sustained during the torture. They were denied access to
legal representation, and members of their families who tried to visit them were also
refused entry. They were later released with orders to report daily to the authorities.
Case 3.1.4
Between 1 and 3 October ten civilians were arbitrarily arrested in the village of
Cairui, Baucau district, by a force of 35 soldiers from the unit known as Team
Paracommando, which was conducting an orchestrated military operation in the area. It is
believed that they were interrogated, tortured and beaten in an effort to obtain
information as to the whereabouts of the guerilla forces. The names of the victims are as
follows: Manuel Ximenes, Joaquin Simao Da Costa, Marcos Loimao Da Costa, Augusto Cailao Da
Costa, Domingos Wailili Da Costa, Masinak Da Costa, Jose Livan Simenes, Martinho Cailao Da
Costa, Joao Lela Ximenes, Abel Hunu Mau Soares. It is not known whether the victims have
since been released or are still being detained.
Case 3.1.5
On 13 November, during the military crackdown in the subdistrict of Alas (see case
1.1.6 for details), three youths, Alo (no surname), Yosep (no surname), and Alarico (no
surname), were arbitrarily detained and tortured by territorial troops in Dotik village.
The three youths were arrested while on their way to Lurin village to repair the car
belonging to the local pastor. The pastor had left the youths at the local Koramil post,
but while there, they were arrested, tied up and tortured by members of the post. The
three were then taken to Kodim Manufahi and released the following day.
continued....
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