UNTAET unwilling to cooperate with KPP HAM: Dillon

UNTAET unwilling to cooperate with KPP HAM: Dillon

JAKARTA (JP): A senior member of the Commission of Inquiry
into Human Rights Violations (KPP HAM) in East Timor has
complained that UNTAET has been uncooperative in uncovering
alleged rights violations in the territory.

"I am disappointed that UNTAET (the United Nations
Transitional Administration in East Timor) is unwilling to share
evidence and testimony that could provide crucial knowledge for
us," H.S. Dillon told The Jakarta Post after returning here on
Wednesday from a three-day visit to the East Timorese capital of
Dili.

"They said that there is no protocol between Indonesia and the
UN, but I think that is nonsense because we need that evidence
and testimony for our investigation," he added.

Dillon charged that UNTAET "is not serving to strengthen the
case" and that it might be "due to deep-seated mistrust".

A representative at the UNTAET office in Jakarta, Jim Della
Giacoma, however, maintained that the national inquiry was not a
prosecution but an investigation.

"It would be wrong to say that UNTAET is not cooperative with
Komnas HAM, but it is more correct to say that at the moment we
are being careful and cautious," he told the Post.

"Until UNTAET has an agreement and understanding on the
protection of witnesses and the protection of information and
sources, UNTAET must be cautious and it must protect its
witnesses and sources. I think we have to come to a clear
agreement with KPP HAM on any subsequent prosecution about this
very important issue," he said.

He added that KPP HAM and UNTAET "have not done it yet, so we
are still not in a position to share all of our information".

"It's all about applying international standards for witness
protection and that's why we cannot give total access".

Dillon's visit to the former Indonesian province was aimed at
a final verification of the inquiry's findings before it
announces the results of its four-month long investigation at the
end of the month.

The inquiry will then hand over the findings to Attorney
General Marzuki Darusman through the National Commission on Human
Rights (Komnas HAM).

KPP HAM said in its midterm report in late November that the
Indonesian Military (TNI) was involved in the campaign of
violence and destruction in East Timor following the Aug. 30
ballot.

Dillon said he also met with the multinational force commander
Maj. Gen. Peter Cosgrove and Nobel Peace laureate Dili Bishop
Carlos Filipe Ximenes Belo in Dili.

"I met with Belo this morning and he disclosed that he is
ready to endorse a national human rights tribunal if it is
conducted in an impartial and transparent manner," Dillon said.

Dillon also said Belo once again "went into great detail" when
explaining the militia attack on his residence in Dili on Sept.
5.

Witnesses have claimed former Jakarta military commander Maj.
Gen. Sjafrie Sjamsoeddin, who was an assistant to former TNI
chief Gen. Wiranto, was seen at the scene.

Sjafrie has denied the allegations, saying he was attending a
meeting in Jakarta at the time.

Meanwhile, a team of lawyers representing the generals said in
a statement on Wednesday that accusations on the "institutional"
involvement of the TNI should be further clarified.

The team, whose members include former justice minister Muladi
and noted lawyer Adnan Buyung Nasution, had just returned from a
four-day visit to East Timor on Sunday.

Leading human rights activist Munir, who is also a member of
KPP HAM, said last week that the inquiry had found proof that
military personnel were either involved or failed to prevent the
violence.

"It seems that military officers at almost all levels of
command will be held responsible for the violence although there
will be varying degrees of responsibilities," Munir told The
Jakarta Post.

Jakarta has objected to the establishment of an international
tribunal on rights violations in East Timor, saying it is capable
of investigating allegations of atrocities and human rights
abuses itself.

Marzuki has said earlier that if KPP HAM found evidence of
rights abuses an ad hoc committee would be established to
prosecute the perpetrators in a national human rights tribunal.
(byg)