Thu, 27 Jan 2000

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)