[Ed. Note: Before and after East Timor's referendum for independence on Aug. 30, 1999, the country was engulfed in an atmosphere of fear and violence that was created by a wave of widespread, systematic and gross violations of human rights and international humanitarian law. Most of the carnage occurred after the referendum when it is estimated that 2,000 people were killed, hundreds of women were raped, hundreds of thousands were forced to flee their homes to West Timor in Indonesia and more than 70 percent of the country's infrastructure was destroyed.

In March 2002, the Ad Hoc Human Rights Court on East Timor began its work in Indonesia with the responsibility to render justice for the atrocities that occurred during this period in its former province. Five months later the court rendered its first disappointing verdicts in August 2002. The court acquitted Brig Gen. Timbul Silaen, the former regional police commander in East Timor who was responsible for security during the referendum, and five Indonesian security and government officials who were accused of failing to prevent the Suai massacre on Sept. 6, 1999. Only the Indonesian governor of East Timor at the time, Abilio Soares, was convicted of committing crimes against humanity. For committing such a serious offence, however, he received only a three-year sentence-much less than the 12 years that prosecutors had sought.

These verdicts were followed by another in late November that was similarly inadequate for the level of atrocities committed in East Timor-the acquittal of four former security officials, including two army officers, on charges of crimes against humanity on Nov. 29, 2002. The previous day the ad hoc human rights court sentenced militia eader Eurico Guterres to the minimum sentence of 10 years in prison. It is not expected though that he will serve all, or any, of his sentence.

Presently, 10 defendants have been acquitted, two have been convicted-both East Timorese-and six remain on trial.

Critics of Indonesia's special human rights court have complained that the mandate of the court is too limited, covering just three of the country's 13 districts and only for the violence that occurred in April and September 1999, not the remainder of Indonesia's 24-year repressive rule of the country. Moreover, the charges against the defendants were only framed in the context of their failure to prevent the violent actions of others; their responsibility for ordering or committing the atrocities was not addressed. Furthermore, of the 18 suspects brought before the ad hoc human rights court, none of Indonesia's top-ranking officers and officials that were named by the country's National Human Rights Commission (NHRC) in January 2000 were indicted. The regular presence of powerful military officers in the courtroom was also intimidating to witnesses. Most witnesses from East Timor refused to testify, and those who did were harassed. Lastly, the prosecution did not use as evidence the vast amount of U. N. documentation that was available to them.

The limited mandate of Indonesia's ad hoc human rights court and the verdicts that have been delivered thus far add to the urgent need for an international tribunal as called for by the U. N. International Commission of Inquiry on East Timor in a report on Jan. 31, 2000, parts of which are shared below.

Human Rights and International
Humanitarian Law Violations

1. There is no doubt that the evidence gathered clearly demonstrates a pattern of serious violations of fundamental human rights and humanitarian law in East Timor. The violations include, but are not limited to, violations of the rights to life and to freedom from torture, cruel, inhuman or degrading treatment or punishment, violence against women and violations of rights relating to freedom of assembly, association, opinion and expression, freedom from arbitrary arrest and exile, freedom of movement and residence and the right to own property. In addition, and particularly after the proclamation of the results of the consultation, further human rights were violated through the large-scale destruction, including the right to work, the right to an adequate standard of living, including food, clothing, housing and medical care, and the right to education.

Recommendations

International Independent Investigation and Prosecution Body

1. The United Nations should establish an independent and international body charged with

• conducting further systematic investigations of the human rights violations and violations of international humanitarian law in East Timor during the period from January 1999;
• identifying the people responsible for those violations, including those with command responsibilities;
• ensuring reparations for the violations from those responsible;
• prosecuting those guilty of serious human rights violations within the framework of its function to ensure justice; and
• considering the issues of truth and reconciliation.

7.1. International Human Rights Tribunal

7.2 The United Nations should establish an international human rights tribunal consisting of judges appointed by the United Nations, preferably with the participation of members from East Timor and Indonesia. The tribunal would sit in Indonesia, East Timor and any other relevant territory to receive the complaints and to try and sentence those accused by the independent investigation body of serious violations of fundamental human rights and international humanitarian law which took place in East Timor since January 1999 regardless of the nationality of the individual or where that person was when the violations were committed.

7.3 The International Commission of Inquiry makes these proposals to enable the secretary-general to recommend the establishment of an appropriate mechanism taking into account various bodies that have been established previously for ensuring justice and reconciliation.

7.4 It is fundamental for the future social and political stability of East Timor that the truth be established and those responsible for the crimes committed be brought to justice. Every effort has to be made to provide adequate reparations to the victims for only then can true reconciliation take place.

Adding their voices to the need for an international tribunal under the auspices of the United Nations in this issue of Human Rights SOLIDARITY are Ian Martin and Bishop Carlos Belo who offer a legal and spiritual perspective on the issue respectively.]