Wed, 08 Sep 1999

Martial law powers include news blackout

JAKARTA (JP): The government's decision to declare a state of military emergency in East Timor allows the local military chief to take whatever steps necessary to restore peace and order. Although not specifically stated, this includes a news blackout.

The 1959 State of Emergency Law allows the President to declare three types of emergency: a state of civil emergency, of military emergency, and war.

Under a state of military emergency, power is vested in the local military command, and its chief is empowered to take all necessary measures in carrying out his job.

This means that, effective from Tuesday, the task of maintaining security in East Timor was taken over from the police. All authorities in the territory, including the governor and the police chief, become subordinates of the military chief.

Under the emergency law, the military can:

* restrict or ban the movement and possession of firearms and explosives.

* take over the post office, telecommunications and radio broadcasting facilities.

* regulate or restrict the use of open fields.

* close down buildings, meeting halls, places of entertainment, garages, shops and factories.

* regulate, restrict or halt the flow of goods into and out of the territory and the distribution of goods within the territory.

* regulate, restrict or halt the operation of land, sea and air transportation facilities.

* restrict performances, printing, publication, announcement, dissemination, storage, circulation, trading and display of writing, in any form, paintings, slides and pictures

* confiscate and censor all mail and cables.

* bar people from remaining in the region, or expel them, or order them to stay.

* order the militarization of facilities.

* arrest and detain people for 20 days, extendible to 50 days. They must be investigated within 10 days. Warrants must be issued for their arrest.

Only the President can terminate the state of emergency, but the restrictions imposed can be retained if necessary for up to six months afterwards.