Belo fails to testify in rights trial

Moch. N. Kurniawan, The Jakarta Post, Jakarta

Despite the use of teleconferencing in the human rights tribunal for the East Timor case, state prosecutors failed to present key witness former Dili Bishop Carlos Filipe Ximenes Belo on Monday and only heard weak testimonies against a military officer from two witnesses.

The court is trying former East Timor military chief Brig. Gen. M. Noer Muis on charges of allowing his subordinates to attack, kill and torture pro-independence supporters at Belo's residence and the Diocese office in Dili and the Ave Maria church in Suai after the August 1999 independence vote.

Judges decided to delay issuing a verdict on the trial to allow key witnesses, including Belo, to testify in court through teleconferencing.

One of the witnesses, Nonato Soares, who suffered a stab wound during the Diocese massacre that killed at least 13 people, said on Monday he didn't see any military or police personnel take part in the attack.

"I was taking refuge in the house with my family and around 300 others in the Diocese compound when militiamen started attacking the complex. I saw militia like Aitarak and Besi Merah Putih (Red and White Iron) attack the compound," he said.

Nonato said that he saw military and police officers outside the gate of the Diocese compound after he came out of the house, but that he didn't know what their purpose was in being there.

He also said that he was stabbed by militiamen when he was helped by military officer Lt. Sutarman to get out of the compound.

But, on the way to Dili port, Nonato said, he met another military officer, Capt. Agus Suwarno, who hit him with a pistol, without any provocation.

"He almost shot me, but my wife begged him not to do so, then he just hit me with his pistol," he said.

Nonato, who is a former military officer and a village head, lost his son and nephew in the Diocese massacre.

Another witness, Tobias dos Santos, a former police officer at Suai Police precinct, said that he was at home when the attack of Ave Maria church in Suai began on Sept. 6, where 22 people were killed.

"My house is only 500 meters from the church and I heard continuous gunfire from the church. After the strike ended, I went to my office and stopped by the location," he said.

"I met several pro-Jakarta militiamen who carried out the attack, but I don't know whether or not the military and police were involved in the attack," he added.

Nonato and Tobias are among four witnesses who were supposed to testify through teleconferencing, which was funded by the World Bank. State prosecutors are supposed to bring 10 key witnesses to the court.

Prosecutor Widodo Supriyadi blamed the Attorney General's Office of East Timor for their lack of commitment to bring witnesses to testify through teleconferencing.

"We have sent letters about the list of witnesses. We can't do anything about their absence. It's the responsibility of the East Timor Attorney General's Office," he said.

"I'm also very disappointed with the witnesses today," he added.

Assistant prosecutor Teuku Rahman supported Widodo's statement, saying the prosecutor only received the name of four witnesses on Monday morning before the start of the hearing.

Agus Takabobir, Noer Muis' lawyer, said that the witnesses had not proven the involvement of military officers in various massacres.

"The witnesses didn't see that military take part in the attacks. Their testimonies are weak," he said.

He also complained about the validity of the teleconference, which was held without a letter of authorization from the Supreme Court as it was held outside Indonesia territory.