Subject: ETHRC Annual Report: Part 3
Date: Mon, 01 Mar 1999 17:45:59 -1000
From: ethrc <ethrc@minihub.org>continued from part 2...
Case 3.1.6
Of the many civilians from the Alas subdistrict who were arrested and detained in
November, eleven were subsequently charged for their alleged involvement in the attacks on
the military. They have all been charged under Articles 106 and 110 of KUHP (Indonesian
Criminal Code), Emergency Law No. 55 and Emergency Law No. 12. It is believed that all
eleven were subjected to torture or ill-treatment by members of the Indonesian military
before being transferred to Polda, Dili. Of the eleven, the violations experienced by the
nine who remain in detention at Polda Dili are detailed below. The other two people facing
charges are both young women, who were subjected to sexual abuse while in detention (see
case 3.3.2 for details).
On 13 November, Marcal Abel, 23, of Lurin hamlet, Taitudak village, was arrested by
members of Battalion 744. Upon arrest he was severely beaten about the face and chest with
rifle butts. According to the victim, the torture persisted to the point where he lost
consciousness and was then resumed as soon as he was revived. This process was repeated at
least twice. He was then handed over to members of Battalion 315 who held him in detention
for three days. As a result of the beatings, Abel is in very poor physical condition, has
great difficulty eating or drinking, and experiences continuous bleeding from the mouth
and nose.
On 13 November, Aleixo Dias, 36, farmer, of Lurin hamlet, Taitudak village, was
arrested by members of Battalion 744 in Barike hamlet, Fahinean village. Upon arrest he
was repeatedly punched and beaten with rifle butts, as well as sticks and stones. The
victim suffered numerous cuts to the head and arms. Dias was then taken to Daramata hamlet
where he was held for two days. During this time Dias was subjected to prolonged torture,
including being beaten and burnt with cigarettes to the point where he lost consciousness
for several hours. On 15 November Dias was brought to Battalion 315 military post where he
was again subjected to severe torture. From there the victim was transferred to Kodim
Manufahi, Same, where he was tortured further. According to ETHRC sources, the
perpetrators of the torture at Kodim Manufahi included the wives of the soldiers stationed
there.
On 13 November, Marcelino Alves, 20, was arrested by members of Battalion 744 in Barike
hamlet, Fahinean village. He was taken to the BTT 315 post where he was tortured. He was
punched, beaten with rifle butts and had part of one of his ears bitten off. Alves was
then tied up, had faeces forced into his mouth and was ordered to swallow it. The victim
was then beaten further until he was bleeding profusely.
On 15 November, Filipe Fernandes, 29, of Lurin hamlet, Taitudak village, was arrested
in his house by the head of the Alas Kodim intelligence section. Fernandes was detained at
the Kodim where he was tortured. He was repeatedly punched and beaten with wooden clubs
until he fainted. Upon regaining consciousness, he was repeatedly stamped on and this
caused severe bleeding from his face, head, and body. The victim was then tied and
suspended by a rope for approximately four hours. As a result of his torture and
mistreatment, Fernandes' arms and several ribs were broken.
On 16 November, Longuinhos Xavier,18, was arbitrarily detained at Koramil Alas, where
he was severely beaten. According to ETHRC sources, Xavier was asked by the Koramil
Intelligence Section Head to accompany him to the military post without any indication of
the military's actual intentions. He was then locked in a small building next to the
Koramil headquarters, where he was tortured. The victim was stripped naked, knocked to the
ground, his hair was torn out, and he was punched and kicked in the face until it was
swollen and bloody.
On 19 November, Julio da Costa, 48, head of Weberek hamlet, Dotik village, was arrested
by members of Polres and Kodim Manufahi. Da Costa was suspected of involvement in the 29
October killing of three members of BTT 315. Upon arrest he was assailed with kicks and
punches, and was knocked to the ground. The victim sustained cuts to the head and chin. He
was then detained at Polsek Same for approximately 24 hours, where it is believed he was
again beaten and tortured.
Mateus Maia, 25, Alexandre da Costa, 25, and Joao Almeida de Jesus, 28, all from
Weberek hamlet, Dotik village, were also arrested. No information is available about their
arrest but it is believed they were subjected to torture and are still suffering serious
health problems as a result.
Case 3.1.7
>From 27 November to 10 December, the Indonesian military launched an intensive
operation in the Cailaco and Atabae subdistricts, Bobonaro district, following the 27
November killing of two ABRI members in Cailaco. Members of the Cailaco Koramil,
Halilintar (a para-military group), SGI and combat troops from Battalion 745,
systematically persecuted East Timorese civilians in their attempt to track down those
responsible for the killings. The military operations were accompanied by such acts as
shooting indiscriminately at houses, and intimidating and ill-treating the local
population (see cases 2.1.13 and 3.2.7 for details). East Timorese civilians were beaten
with rifle butts, punched and kicked, and some were arbitrarily arrested. Numerous East
Timroese people were arbitrarily detained and subjected to torture and ill-treatment in
detention, while others were tortured at other locations in order to extract information.
On November 27, two East Timorese youths were arbitrarily arrested by members of BTT
144, Halilintar, Kodim and SGI. Crispin Correia, 22, and Ananias Soares, 24, were arrested
in their homes in the village of Meligo, Cailaco subdistrict. On 2 December, Mariano
Fernandes, 30, Agustinho Pereira da Silva, 24, Laurentino Martins, 23, Basilio Sousa da
Silva, 26, Sergio Soares, 20, and Thomas Tavares, 24, were also arrested at their homes in
the village of Aidabaleten, Atabae subdistrict. It is believed the six youths were
tortured during their arrest and up to the time of their detention. All eight were
arbitrarily detained at Polres Bobonaro, where Crispin Correia and Ananias Soares were
also subjected to torture and ill-treatment.
On or about 27 November, security force personnel shot into the house of Vasco dos
Santos, 60, who was lying sick in his bed. Fortunately dos Santos was not shot but the
military proceeded to beat and torture him until his body was bruised and swollen.
Another two men, Gustavo (no surname) and Fransisco Soares, were attacked in their
houses and beaten and tortured by members of the Indonesian military. Francisco Soares was
left lying in his house, badly injured, while Gustavo is believed to have disappeared
following the assault. The ETHRC is still trying to confirm his current whereabouts.
On 5 December Gaspar Nai Mali, a teacher, 32, was arrested at his home in the village
of Goulolo, Cailaco subdistrict, by four members of Halilintar who had their faces covered
in black, like Ninjas. Gaspar was tortured while still holding his 15 month-old baby,
Cesario, on his back. He was punched and kicked and beaten with rifle barrels and sticks.
It is believed that he may have broken his hip as he was unable to stand after the
beating, and his chest was so badly bruised that it was difficult for him to breath.
Gaspar was taken by his family to the District Military Commander to protest about the
torture. He was subsequently taken to a priest who then referred him to the civil hospital
on December 6 where he was admitted for treatment. Gaspar and his wife were able to
identify the four perpetrators of the torture as Viegas, a member of Halilintar and his
wife, Imaculada, Feliciano and Benditu, also members of Halilintar, all from Cailaco
Marco.
Between 2 and 4 December, ninety civilians from Cailaco took refuge from the military
operation at the house of the parish priest in Maliana. On 4 December, the military
commander for East Timor, Colonel Tono Suratman, together with the Maliana Kodim
commander, gave assurances that the safety of those wishing to return to Cailaco would be
guaranteed. This undertaking of safe passage for people returning to Cailaco was
respected. However, on 5 December, the crew of a public minibus, Evangelino Abel, 32,
Salvador Soares, 23, and Ozorio Soares, 16, were severely beaten by four masked men who
were identified as members of the Cailaco Koramil post. The victims were stopped and
assaulted in Bilimao hamlet, Cailaco, after taking home some people who had taken refuge
in Maliana.
Between 7 and 10 December, in the wake of the military operation in Cailaco, civilians
were targeted in further military sweeps through the surrounding villages of Daudu and
Saehae, Cailaco subdistrict. At about 5pm on 7 December, members of Battalion 745 from the
Daudu territorial post, Kopassus and the Halilintar para-military, entered the village and
proceeded to intimidate and torture people in their homes throughout the night and the
following three days.
Case 3.1.8
On 10 January 1999, the inhabitants of Gugleur village in Maubara subdistrict, Liquica
district, were attacked by members of Gadapaksi and Battalion 143. The victims sustained
injuries from sticks and sharp weapons, such as machetes and spears wielded by the
Gadapaksi members, and were also beaten and kicked. In addition, the victims' houses were
ransacked, and livestock such as goats and chickens was stolen.
The men of each village were targeted for interrogation and torture. One of the
victims, a farmer, was dragged from his house by Gadapaksi members, repeatedly kicked and
beaten with a stick in front of a soldier from BTT 143, and accused of being a Fretilin
supporter. A teacher, who protested about the treatment of local people, was whipped by
Gadapaksi members using a chainsaw chain.
Around thirty men have fled from the Maubara district in search of protection in Dili.
Some of them had earlier sought refuge at the local Koramil and Kodim posts, but military
personnel there said that their injuries were exactly what could be expected if they
opposed the supporters of integration with Indonesia. The Gadapaksi members responsible
for the attack are believed to have a long history of conducting terror campaigns against
pro-independence supporters in the Liquica district. According to ETHRC sources the
perpetrators are from Vatuboro village, which is also the home village of the local
district head, Leoneto Martins.
Other cases reported to the ETHRC
See cases 3.1.9 to 3.1.12 in Appendix A for additional cases.
3.2 Other Cruel, Inhuman or Degrading Treatment
Case 3.2.1
On 15 July, Rosito Manuel da Silva, 24, was shot by military personnel at Becora
Terminal, East Dili, during a military operation aimed at suppressing opposition to the
commemoration of Integration Day, 17 July. It is believed that he had brought his
motorbike to a halt in the bus terminal when soldiers from a team consisting of members of
BTT 744, Kopassus, Kostrad, C Company, and the Rajawali battalion, opened fire. The victim
sustained gunshot wounds to the stomach, and he had to seek medical treatment.
Case 3.2.2
On 13 October, high school student, Rui Kiak, and University of East Timor student,
Domingos da Costa, were arbitrarily arrested on the street in Dili. Upon arrest the youths
were beaten with iron bars and rifle butts by members of Brimob and Polres Dili, and were
then detained at Polres Dili. They are now awaiting trial under Indonesian criminal law.
It is believed that the arrest was made as a reprisal for the physical assault of a Brimob
member by the two youths on the previous day.
Case 3.2.3
On 30 October 1998, 26 prisoners at Becora Prison, Dili, were transferred to a military
detention centre in Balide, Dili.(33) At midnight the prisoners were rounded up by the
Indonesian military and it is believed they were subjected to violent beatings and hit
with gun butts before being thrown into military vehicles. They arrived at the Balide
military prison at 4.00am the following morning.(34)
It is believed the prisoners were transferred to the Balide military prison because
they had openly expressed their political views. ETHRC sources reported that Indonesian
authorities said the 26 prisoners had disturbed other prisoners by shouting slogans such
as "Viva Xanana" and "Viva Independence". It is believed the prisoners
had also participated in a hunger strike, which was undertaken in late August, to support
calls for the release of Xanana Gusmao, the jailed leader of the East Timorese resistance.
The prisoners' families and legal representatives became aware of the move the day after
the prisoners were transferred and have since been allowed to visit them.
Case 3.2.4
On 13 November, seven civilians from Nundae hamlet, Atabae subdistrict, were
intimidated and had attempts made on their lives by members of Territorial Battalion 144
from the Atabae military post. After threatening them, the soldiers fired eight shots at
the victims as they were running away. As a result of the shooting, Damiaun Reis Cardoso,
26, was injured and the remaining six victims fled to Dili. The current condition of
Damiaun Cardoso is unknown. The names of the other six are as follows: Marcelino Casmiro,
30, Miguel Batubere, 14, Teotonio Goveia, 27, Mateus Goveia, 25, Paulino Batu Mali, 29,
Lourenco Piedade, 54. It is believed the arrests were part of the military operations
carried out in response to a political dialogue held in Atabae in early November. In the
circumstances, it appears the men were targeted solely for expressing their political
views.
Case 3.2.5
On 13 November, a Catholic catechist (religion teacher), identified as George (no
surname), was stabbed and had his hair hacked off with a machete by members of Battalion
744 while travelling with a group of twenty catechists from Fahinian village to Tutu Luru
village, Same district. The victim was threatened and told not to report the incident,
while other soldiers were reported to have jeered at the group, "You all just pretend
to hold the rosary. We hold the rosary too, and the Holy Bible. Those clothes you're
wearing belong to Indonesia, not the UN".
The group was apparently travelling behind the Catholic pastor of Fatuberliu parish in
a separate vehicle when they encountered the soldiers travelling in the opposite
direction. The soldiers had already been informed by the pastor that the group following
him were catechists from his parish on pastoral work.
Case 3.2.6
On 22 November, in connection with the Alas case (see case 1.1.6 for details),
according to Suara Timor Timur (STT), East Timor's regional daily newspaper, twelve
civilians were beaten with rifle butts by military personnel in the Manufahi district. The
twelve were employees of a private company, PT Akam, and were reportedly suspected by the
military on the grounds that some had long hair, in the style of guerillas. The incident
was reported to STT by an eyewitness.
The names of the victims are as follows: Armando Boavida, Deolindo Castailao Felipe,
Ledi Simao, Salvador Soares, Jose da Silva, Nicolau Amaral, Leonardo Sampaio, Tomas da
Silva, Luis da Silva, Antonio Castro, Domingos Manek Gama and Luis da Silva Soares.(35)
Case 3.2.7
In early December, in connection with the Cailaco case (see case 3.1.7 for details), 36
civilians suffered numerous forms of mistreatment, including being punched, kicked, beaten
with belts, sticks and iron bars, and being burnt with matches. Two men sustained serious
injuries. Jose Paulelo, 38, suffered severe bruising to the face and head, and broken
teeth from being beaten with a piece of wood and rifle barrels. He was also burnt on the
back with matches. Semedio Tavares, 37, was severely beaten. His hands were then tied and
he was lead to a nearby hill where the beating was resumed.
Case 3.2.8
During the 3 January attack on a group of East Timorese youths by members of the
Mahidin paramilitary group, six youths, Celestinho da Silva Ferreira, 19, Hermenegildo
Barros, 20, Marcus de Andrade, 23, Alipio Monteiro, Asiri M. Dutel Ferreira, and Domingos
de Andrade, 20, sustained serious injuries. A further two, Jaime and Asiri, were
intimidated with gunfire by Mahidin members. The youths were suspected of being associated
with one of the many pro-referendum youth groups that have sprung up under the presidency
of B.J. Habibie. Such groups have been involved in conflict, often violent, with
pro-Indonesian militia groups.
It is believed the shooting started when two of the youths, Jaime and Asiri, approached
the Mahidin headquarters in the village of Munatasi, Ainaro subdistrict, intending to
express their peaceful intentions and good will on behalf of a local group of alleged
pro-referendum supporters. As the two approached the front of the building, two to three
shots were fired at the youths from the Mahidin office. At this, the youths turned and
ran. Asiri was struck by a bullet in the right hand.
When Jaime and Asiri reached the town of Ainaro, nearby, they immediately informed
their friends of what had happened to them. On learning of the attack, eight other youths
set out for the Mahidin headquarters, intending to stage a counter-attack. However, en
route, the group was confronted by armed Mahidin personnel who immediately opened fire on
them. Six of the youths sustained serious gunshot wounds and another two were killed
instantly (see case 1.1.9 for details).
Other cases reported to the ETHRC
See cases 3.2.9 to 3.2.10 in Appendix A for additional cases.
3.3 Rape and Sexual Abuse
In the second half of 1998, the ETHRC received one report of an East Timorese women
being raped by members of the Indonesian military and two cases of other types of sexual
abuse. Rape is actually believed to be much more widespread than the small number of cases
documented would indicate. This is because information about rape is particularly
difficult to obtain as East Timorese women are reluctant to speak about their experiences
of being raped.
Case 3.3.1
On 13 October, it is believed Arlinda de Jesus, 18, was raped by a member of Battalion
642 Post IV in Bubutau, Fuat village, Iliomar. The perpetrator has been identified as
Tukimun. According to Arlinda's niece, Marta da Costa, who witnessed the rape, the armed
Indonesian soldier approached Arlinda and Marta while they were at a waterhole in Luanira
and without a word, grabbed Arlinda and forced her into the bush. The soldier then raped
Arlinda, despite her protests, and threatened her with the weapon not to scream. He also
threatened to shoot Marta if she tried to run away: "If you scream or dare to tell
any-one about this, I will shoot you dead!" After the rape the two women were told
not reveal the rape to anyone, however, at the victim's request, Marta reported the
incident to her family, who then reported it to the local authorities.
After the case became known to the local community, Miguel Pinto, an Intel officer from
Kodim 1629 Lautem, threatened Arlinda, her family and the witness, demanding that they
stop talking about the incident. During the confrontation with the Intel officer, it is
believed the family refused to stop pursuing the case and Miguel Pinto withdrew a small
axe from his waist and threatened to attack the victim's husband, Berlindo Medeira. He
then unleashed the axe on nearby trees and rocks and shouted "Today I will kill you
all, then I will call for a Hino truck to pick up your corpses and dump them away!"
The victim's family reported this to the district authorities who inspected the damage and
then ordered Miguel Pinto and six of his colleagues to return to Lospalos.
On 29 October, sixteen days after the rape had taken place, the local authorities and
traditional leaders of Fuat village decided to investigate the case. Twenty-five armed
members of Danki BTT 642 surrounded the village office where Arlinda and her family had
gone to report the incident. The military tried to force the local authorities and leaders
to deny the allegations made against the rapist and to accuse the victim and the
eye-witness of fabricating the allegations. The leaders did not agree to the military's
demands. Authorities have said the perpetrator will be tried in a military tribunal but to
date, no proceedings have been initiated. Meanwhile, the victim and her family continue to
harassed not to pursue the case.
Case 3.3.2
Of the eleven civilians facing charges for alleged involvement in the 9 November attack
on the military post in Alas (see case 3.1.6 for details), two young women, Etelvina Maria
Dias, 22, and Vicentinha Fernandes, 20, were subjected to sexual abuse and numerous other
violations while being held at various military posts. The two women were nieces of
Vicente Xavier, who was extrajudicially executed by the military (see case 1.1.6 for
details).(36)
Etelvina and Vicentinha were arrested on 13 November in Barike hamlet, Fahinehan
village, at the house of their relative, Pedro Alves. It is believed they had fled to
Barike for protection but were located and arrested by soldiers from battalions 744, 745
and 315, who had been on duty at the neighbouring hamlet of Fahi Lequimau. They were tied
together with a length of wire, kicked and beaten with rifles. The womens' relatives,
Pedro Alves, Joaquin Maya and Raimundu, were also subjected to beating. The spare clothes
which the women had brought with them from Lurin hamlet, in their attempt to flee from the
military, were then burned and their money was taken away. During this time the women were
repeatedly subjected to verbal sexual harassment. At about 4:30 p.m. the two women were
taken to Daramata hamlet where they were detained overnight.
At 7:00 am on November 14, 1998 Etelvina and Vicentinha were taken to the BTT 315 post
at Fahileqimau where they were beaten again and subjected to sexual abuse. The soldiers
tore the womens' clothes and grabbed and squeezed their breasts and vaginas, saying that
they must be hiding letters in their underwear. The soldiers also burnt the women's hair
with matches.
On November 15, 1998 around 8:00 am the women were taken to Kodim 1634, Same, where
they were again subjected to beating. It is believed the wives of the soldiers also joined
their husbands in beating the women. At around midday, Etelvina and Vicentinha were
escorted by police to Polres Manufahi where they were interrogated and were forced to make
false confessions. The victims were not accompanied by lawyers during interrogation, and
the content of the interrogation report, BAP, is not known. Etelvina Maria Dias and
Vicentinha Fernandes have since been released but remain under house arrest and are
awaiting trial.
4. VIOLATIONS OF THE RIGHT TO DUE PROCESS
4.1 Breaches of Procedural Guarantees
East Timorese defendants are routinely denied their right to due process, both in
pre-trial and trial proceedings, under the Indonesian legal system. Often, trials also
fall far short of accepted international standards for fairness. The right to due process
presupposes the existence of a set of minimum guarantees such as access to the courts and
to legal representation, the opportunity to plead and produce evidence before the courts,
and the right to receive sentences from the court within a reasonable period of time.
While some procedural guarantees are provided under the Indonesian Criminal Procedure Code
(KUHAP), these are often inadequate or are ignored by the Indonesian authorities.
Moreover, fundamental rights such as the presumption of innocence, and the right to a
hearing by a competent, independent and impartial tribunal within a reasonable period of
time, are not guaranteed.
The ETHRC received some reports of violations of the right to due process in the period
July to December 1998. Particularly prevalent was the lack of adequate access to legal
representation,(37) and cases of confessions being extracted under duress of torture.(38)
Case 4.1.1
On 10 December, Joao Soares Reis, 22, Bernardo da Silva, 26, and Floriano Xavier, 22,
were sentenced to twelve years imprisonment by the Dili State Court board of judges. The
three youths, who were arrested in late February, had been accused of making contact with
Falintil and possessing explosives and home-made arrows.(39) The board of judges found the
defendants guilty under the 1951 Emergency Law No.12 and handed down a 12 year jail term,
even though the sentence requested by the public prosecutor was only ten months.
According to ETHRC sources, the reason given for the harsh sentence was that the
defendants had not shown any sign of remorse. In light of the severity of the sentence,
the disparity between it and the recommendation of the public prosecutor, and the
political nature of the case, lawyers for the defendants were concerned that the judges
may not have been impartial. This was confirmed when the defendants appealed to the High
Court and the sentence was reduced to 1 year.
5. VIOLATIONS OF FREEDOM OF EXPRESSION AND ASSOCIATION
The increased level of political freedom in East Timor, as seen in the widespread
conduct of public political meetings, known as "dialogues", has not been matched
by a reduction in violations of freedom of expression and association. In the second half
of 1998, the Indonesian military have conducted a number of operations involving the
arbitrary arrest and detention of civilians suspected of participating in these dialogues.
In each case the motivation for these arrests has been political. The military has sought
to discourage open discussion of the future of East Timor, and to crack down on those
suspected of involvement in the clandestine resistance movement. This trend is seen in the
latest wave of persecution and intimidation of civilians in the Bobonaro district
following a dialogue conducted in Bobonaro on 8 November.
The violations of freedom of expression and association have not been documented
separately as the cases also involve arbitrary detention and other violations. In fact,
many of the arbitrary detentions documented above occurred in response to what would be
seen as legitimate expressions of political dissent under international norms.
6. OTHER VIOLATIONS
6.1 Intimidation and Persecution
Case 6.1.1
On 27 November, four civilians, Jeca da Silva, 28, Alcides Abreu Maia, 28, Fransisco
Maia, 28, and Patricio Santos de Jesus, 27, were threatened with death and pursued by
members of Koramil Balibo, SGI and Halilintar, in Balibo district. The four fled to Dili
where they sought protection from Yayasan HAK, a local human rights organisation. The
threats were part of the military crackdown in Atabae, launched in response to a political
dialogue held on 8 November. In the circumstances, it appears the men were threatened
because they had expressed their political views.
Case 6.1.2
On or about 22 November, during the military operation targeted at people involved in
the Atabae political dialogue, another eight East Timorese people from the Cailaco
subdistrict were threatened by members of BTT 144, Polres Bobonaro and SGI. The military
personnel made threats to arrest and kill the eight civilians. Two of the victims,
Ananias, 26, and Rudolfo, 26, were also shot at by the military. As a result of this
intimidation the victims had to flee their homes.
The other six people were identified as Manuel Mota, 26, Felisberto Soares, 25, Igidro
Modeira Soares, 20, Eugenio Pereira, 22, Vasco Borges, 28, Angelo Soares, 22. Again, it
appears the men were threatened because they had expressed their political views.
Case 6.1.3
Between 29 November and 1 December, three units from Team Saka are believed to have
terrorised the inhabitants of Quelicai subdistrict in the villages of Uai-Tame, Aiduqule,
Uatuliu, Sama-Assa, Rogo, Bu'u-Bere, Caili-Bere, Suri-Lari and Dae-Me-Naha.
Case 6.1.4
On 2 December, two members of the Team Saka paramilitary group, identified as Joao
Uai-Lari and Martinho Noko-Soro, fired six shots from their M-16 weapons at Moise Ximenes
Ramos, 40, and Lourenco da C. Neves, 37. The incident occurred in the presence of other
civilians attending a cock-fight at the local market in Samalari village, Baguia
subdistrict. The victims were unharmed.
At the time of the incident, the perpetrators were reported to have said, "You are
all rebels, and can easily be killed. There'll be no problem, because you are
rebels". It is believed that the two were targeted for intimidation because of their
alleged involvement in organising political dialogues.
Other cases reported to the ETHRC
See case 6.1.5 in Appendix A for additional case.
7. ALLEGED VIOLATIONS BY FALINTIL
Case 7.1
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
(see case 1.1.1 for details). 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. The ETHRC has not
been able to confirm which version is correct and has therefore called for a full and
impartial investigation.
According to the Indonesian police force, Amandio's name was amongst a list of names
found in an earlier raid on the house of Salustiano Freitas.(41) The list was said to
contain names of East Timorese believed to have collaborated with the Indonesian military.
It is also alleged that a gun belonging to Amandio was found in Freitas' house.
It is believed Domingos Amandio was originally a member of Falintil, the East Timorese
National Liberation Army, but left to join the Indonesian civil defence group, Hansip. He
was later put into the ABRI group, known informally in East Timor as MILSAS.
Case 7.2
On 31 October, at the transmigration site of Weberek, Manufahi district, following a
pro-referendum meeting, a civilian, identified as Mohammad Slamet Imam Prabowo SE was
killed by Falintil guerillas. Three members of the Indonesian military, Sergeant Abdul
Latief, Sergeant Zainuddin and Private Siswanto were also killed. The civilian and ABRI
members are believed to have infiltrated the Weberek political meeting. When discovered,
the four men were taken away by ABRI guerillas and stabbed to death.(42) The incident led
to serious repercussions for the civilian population of Alas subdistrict when the
Indonesian military launched an intensive operation in the area, resulting in
extrajudicial executions, arbitrary detentions and intimidation of the local population
(see cases 1.1.6 and 2.1.12 for details).
Case 7.3
The Indonesian newspaper, Suara Pembaruan, reported that on 19 November, Ernesto da
Costa, Secretary of Comoro village, West Dili, was shot dead in Caibada village, Baucau.
The report alleged that members of the resistance movement were responsible for the
killing and that the victim was a known pro-integration supporter, however the ETHRC has
not been able to confirm the alleged killing.
ENDNOTES
1 Associated Press, 4 February, 1999. 2 Agence France Presse, 7 February, 1999. 3
Agence France Presse, op. cit. 4 Sydney Morning Herald, 30 January 1999. 5 Don Greenlees,
The Australian, 24 October 1998; Don Greenlees, The Australian, 30 October 1998. 6 ETAN,
Media Release, 30 October 1998. 7 Reuters, 28 October 1998. 8 The Australian, 30 October
1998, op cit. 9 For details see East Timor Human Rights Centre, "East Timorese
Political Prisoners", Ref: SPR 1/98, 23 June 1998; and "East Timorese Political
Prisoners Progress Report", Ref: SPR1/98PR, 15 October 1998. 10 See Appendices B and
C for details. 11 Council of National Timorese Resistance, the umbrella organisation for
the East Timorese Resistance. 12 Statements by the Chair were negotiated in 1994, 1995,
1996 and 1998. 13 Resolutions were adopted in 1993 and 1997. 14 Reuters, 12 February 1999.
15 East Timor Human Rights Centre, "East Timor: No Solution Without Respect for Human
Rights", Bi-Annual Report of Human Rights Violations in East Timor, January to June,
1998; August 18 1998, Ref: SR 1/98; page 20. 16 ETHRC UA 15/98, 11 November 1998. 17
International Committee of the Red Cross (ICRC) Media Release 98/40, 26 November 1998. 18
ETHRC UA 17/98, 23 November 1998. 19 Suspects must be served with a written warrant of
arrest, unless they are caught 'in flagrante delicto', and their relatives must be
furnished with a copy (Indonesian Criminal Code of Procedure, KUHAP Art. 18). Arrests are
valid for a maximum of 24 hours, after which authorities must produce an arrest warrant or
release the suspect (KUHAP Art.19). 20 Sole responsibility for arrest, detention and
investigation in criminal cases rests with the police (KUHAP Art.18). 21 ETHRC UA 13/98,
30 July 1998. 22 ETHRC UA 14/98, 5 October 1998. 23 ETHRC UN 14/98PR, 10 November 1998. 24
Amnesty International Urgent Action, UA 306/98, AI Index: ASA 21/108/98, dated 8 December
1998. 25 East Timor Human Rights Centre, "East Timor: No Solution Without Respect for
Human Rights", op. cit., page 19. 26 Amnesty International, Urgent Action, AI Index:
ASA 21/89/98, 29 September 1998. 27 ETHRC UA 9/97, 5 May 1997. 28 ETHRC UA 9/97/PR, 15
July 1997 and ETHRC UN 9/97PR4, 13 October 1998. 29 ETHRC UA 10/97, 23 May 1997. 30 ETHRC
UN 10/97PR2, 27 June 1997. 31 ETHRC UA 11/97, 29 May 1997. 32 Indonesia has subscribed to
the United Nations Standard Minimum Rules for the Treatment of Prisoners which provides
detailed guidelines in relation to punishment within the prison system. The key provision
of the Rules are: "Section 30(2): No prisoner shall be punished unless he has been
informed of the offence alleged against him and given a proper opportunity of presenting
his defence. The competent authority shall conduct a thorough examination of the
case." "Section 31: Corporal punishment by placing in a dark cell, and all
cruel, inhuman or degrading punishments shall be completely prohibited as punishments for
disciplinary offences." 33 ETHRC UA 12/98, 22 July 1998; ETHRC UA 12/98PR, 24 July
1998; ETHRC UA 12/98PR2, 20 November 1998. 34 ETHRC UA 16/98, 11 November 1998. 35 The
prisoners transferred were: Adelio de Fatima Barreto H, Agostino Moreira, Agostino Vital,
Alberto Ximenes, Bernardo da Silva, Carlos Freitas, Constancio C Santos, Domingos Pereira,
Eduardo dos Santos, Eusebio Ximenes, Floriano da Costa Xavier, Joao Alves Trindade, Joao
dos Reis, Joaquim de Carvalho de Araujo, Jose Soares Menezes, Lamberto Freitas, Lino
Xavier Nunes, Luis Antonio Soares, Manuel (no surname), Manuel Moniz, Mariano da Costa
Sarmento, Matias Marcal Soares, Pedro Freitas, Romeo da Conceicao, Salvador da Silva,
Venancio (no surname). For full details of the political prisoners, see Appendix B. 36
Suara Timor Timur, 25 November 1998. 37 ETHRC UA 17/98, 23 November 1998. 38 Suspects have
the right to consult with and be accompanied by legal counsel of their own choice at all
stages of interrogation (KUHAP Articles 54,55,57). Detainees have the right to ongoing
access to their lawyers throughout the trial process (KUHAP Articles 54,56). Legal counsel
should be free to meet and speak in confidence with their clients (KUHAP Articles 70, 71).
39 Duress in any form may not be used by investigating officials to obtain information
from a suspect or witness. (KUHAP Article 117). 40 ETHRC UA 8/98, 1 June 1998. 41 For
details, see ETHRC UA 6/98, 20 May, 1998. 42 Human Rights Watch Asia, Media Release, 23
November 1998.
Please contact the ETHRC on ethrc@minihub.org
for a copy of the appendices.
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