East Timorese demands for justice will not be satisfied by the conviction of former East Timor governor Abilio Soares for crimes against humanity committed in East Timor in 1999 say CAFOD, CIIR and TAPOL.
For these crimes he was given a sentence of three years imprisonment. The three British organisations demand the immediate establishment of an international criminal tribunal for East Timor and insist that the international community must provide long-term support for serious crimes investigations and prosecutions in East Timor.
"The proceedings in all the current Jakarta trials have been a travesty of justice aimed at protecting senior Indonesian army officers and covering up the truth of what happened in East Timor," says CAFOD's East Timor Programme Officer, Clare Danby.
The verdict is the first in a series of trials of 18 military and police officers, civilian officials and militia members accused of involvement in crimes against humanity in East Timor.
"Those charged are only expendable scapegoats. They may bear some responsibility for the appalling violence, but the military masterminds who planned and orchestrated the campaign of brutality are enjoying immunity from prosecution courtesy of the Indonesian authorities," says Danby. She adds: "Now that Indonesia has failed to bring the real perpetrators to justice, the international community must live up to its responsibility for justice by setting up an international tribunal and fully supporting East Timor's serious crimes process. Senior figures in the Indonesian military and government must face trial."
All the trials have featured weak indictments and the false portrayal of events as part of a conflict between two violent East Timorese factions in which the Indonesian security forces were essentially bystanders. In many cases, prosecution counsel acted as if they were representing the accused. Evidence to prove the essential elements of crimes against humanity, including that needed to prove a widespread and systematic attack on the civilian population of East Timor, was deliberately ignored.
The likelihood of the trials producing an accurate record of what happened in East Timor was severely reduced by the limited mandate of the court, the inadequate protection for witnesses, and the highly intimidating atmosphere of the courtroom created by the presence of senior generals and noisy demonstrators led by notorious militia leader and suspect Eurico Guterres.
CAFOD, CIIR and TAPOL are concerned about the link between the lack of justice for East Timor and ongoing rights violations in Indonesia. The organisations fear if the international community fails to live up to its promise of justice for East Timor, the practice of impunity will continue in Indonesia. What happened in East Timor is now happening in areas such as Aceh and West Papua with abuses by the very same military personnel as were responsible for the carnage in East Timor.
Furthermore, the resumption of US military ties with Indonesia is partly dependent on justice for East Timor. The organisations say it will be a tragedy if the international community not only accepts these trials, but rewards Indonesia by re-engaging with the military and selling it more arms.
A UN Commission of Inquiry found evidence of "a pattern of serious violations of fundamental human rights" in relation to the 1999 violence and expressed the view that "ultimately the Indonesian army was responsible for the intimidation, terror, killings and other acts of violence". It recommended the establishment of an international tribunal when it reported in January 2000.