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Belo seeks war crimes justice for East Timor

Source
Sydney Morning Herald - August 28, 2001

Lindsay Murdoch, Dili – Nobel Peace Prize-winner Bishop Carlos Belo has made a new appeal to the international community to establish a war crimes tribunal to punish Indonesian military officers and militia leaders who presided over an orgy of killings and destruction in East Timor in 1999.

Bishop Belo said the future of East Timor depends on justice for the survivors of the "scorched earth" withdrawal of Indonesian troops from East Timor when up to 3,000 people were killed. "Justice for the people of East Timor requires that the perpetrators of the most serious crimes be identified and prosecuted in the same manner as a common criminal," Bishop Belo said. "This means that a legal process is needed." Bishop Belo's appeal comes as other East Timorese leaders consider granting an amnesty for all crimes committed in East Timor over more than 20 years, except genocide.

Former guerilla leader Mr Xanana Gusmao made it clear last weekend, when he declared that he would accept nomination to be East Timor's first president, that an amnesty, national reconciliation and good relations with Indonesia would be his priorities.

But all 16 political parties contesting East Timor's first democratic elections on Thursday have pledged to seek an international crimes tribunal, despite the certainty that Indonesia would refuse to co-operate.

The United Nations Secretary-General, Mr Kofi Annan, has warned repeatedly that the UN would consider setting up an international tribunal if Indonesia fails to punish those responsible for the atrocities.

But UN observers say it is unlikely UN Security Council members China and Russia would approve setting up a special East Timor tribunal, leaving UN-established courts in East Timor as the only forum to pursue prosecutions outside Indonesia.

Indonesia has promised to set up a special court to try East Timor cases, but observers doubt that any Indonesian court would convict high-ranking officers such as former armed forces chief, General Wiranto, who has not even been included on a list of 22 suspects by Indonesian prosecutors.

East Timor's Foreign Minister, Mr Jose Ramos Horta, told the Herald yesterday that most of his country's leaders favoured granting an amnesty that would clear the jails on the day it gains independence next year. "But it is my personal view that in the case of genocide or crimes against humanity those found guilty should serve at least part of their sentences," he said.

Bishop Belo warned that unless the large numbers of Indonesian military officers directly engaged in crimes against humanity in East Timor were brought to account they would continue to perpetrate crimes.

He urged the international community to provide adequate resources and expertise to East Timor's legal system for it to deal with hundreds of militia members who remain in the country.

Bishop Belo said he also favoured a truth, reception and reconciliation commission to enable Timorese to overcome the legacy of the past and move down the path to independence.

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