Starting March 27, a United States court in Washington, DC, will hear evidence that Indonesian General Johnny Lumintang is responsible for gross human rights violations and crimes against humanity committed in East Timor. The proceeding will determine the amount of compensatory and punitive damages to be assessed against Lumintang, who is not expected to attend.
"Lawsuits like this one can help insure that those responsible for 1999's devastation of East Timor are called to account, while putting future rights abusers on notice", said John M Miller of the East Timor Action Network, which is supporting the suit. "While no substitute for an international tribunal, all available means must be used to bring justice for East Timor".
In 1999, Lumintang was the vice chief of staff of the Indonesian army. He currently serves as secretary-general of the ministry of defence.
Following the August 30, 1999 UN-organised referendum, the Indonesian military systematically destroyed East Timor, murdering at least 1500 East Timorese and destroying 70-80% of the infrastructure. Hundreds of thousands were forced from their homes. Plaintiffs who have travelled to Washington to testify in the proceedings include Aniceto das Neves, head of the advocacy division of Yayasan Hak, an East Timorese human rights organisation, and a victim of Indonesian military violence.
His father was injured and brother killed in post-election attacks.
Two other East Timorese (who, still fearful of the militia or Indonesian military, wish to remain anonymous) targeted by the Indonesian military in September 1999, during the "scorched earth" campaign following the overwhelming vote for independence from Indonesia, will also testify: a mother whose son was shot and killed, and a man who lost a foot after he was shot by an Indonesian soldier.
Lumintang was personally served notice of the civil suit on March 30, 2000, while visiting the Washington, DC area. After he failed to answer the charges, including crimes against humanity, summary execution, and torture, a judge declared Lumintang to be in default. The hearing will determine the amount of damages for the plaintiffs and the amount to be assessed against Lumintang in punitive damages.
In 1992, a judgment for $14 million was issued in a similar case against Indonesian General Sintong Panjaitan for his involvement in the November 12, 1991 Santa Cruz massacre of over 270 East Timorese.
The Lumintang lawsuit, like the Panjaitan case, is based in part on the Alien Tort Claims Act of 1789 which allows anyone, citizen or not, to sue for acts committed outside the United States "in violation of the law of nations or a treaty of the United States". The 1992 Torture Victim Protection Act restates the 1789 law and applies it to torture victims. Lawsuits can only go forward if the defendant is served legal papers while in the US.