The East Timor Human Rights Centre (ETHRC) is concerned that no independent investigation has been undertaken into the alleged death on 25 June, 1997, of Commander David Alex, second in command of the East Timorese armed Resistance (Falintil). According to the Indonesian military, David Alex died of bullet wounds to his thigh and arms, which he sustained during an armed conflict with the Indonesian military on 25 June, in the village of Caibada near the town of Baucau.

However, the alleged death of David Alex cannot be conclusively confirmed because the body was not exhumed for identification by the family and an autopsy was not performed. The ETHRC has already raised concerns that David Alex may not have died on 25 June as reported by the Indonesian military but was held incommunicado and subjected to interrogation and torture. (See Urgent Action UA 16/97).

The Indonesian military Commander in East Timor, Colonel Slamat Sidabutar, said he would not stand in the way of an independent investigation into the alleged death of Alex, however, to date no independent investigation has taken place.

Initially, there were conflicting reports from the Indonesian military about the circumstances of Alex's alleged death. Colonel Sidabutar said "it's not true that he died in custody, but he died while he was being treated and was receiving a blood transfusion." (Reuter, 26 June 1996). Another report quoted an unidentified member of the military who said that Alex "died during a helicopter ride from Baucau to Dili." (AFP, 26 June 1997). Indonesian authorities claimed that David Alex was buried at 8.30am on 26 June at Bidau-Santana cemetery in Dili, less than 24 hours after he was arrested.

East Timorese sources have informed the ETHRC that the military refused to return the body to David Alex's family and also refused their request to open the coffin at the cemetery during the funeral service. However, the Indonesian military has denied that the family's request to see the body was refused. The family was shown photos of Alex after his capture and alleged death, and it has been reported that they are now satisfied that Alex is dead. However, the ETHRC believes Alex's family may have been under pressure to accept the military version of events rather than demand that the authorities exhume the body for the purposes of identification and an autopsy.

The ETHRC calls on the Indonesian authorities to allow an independent and impartial investigation to be undertaken into David Alex's alleged death. The ETHRC also urges the Indonesian government to provide access for UN experts and non-governmental human rights organisations to East Timor to provide safeguards against further human rights violations.

The other men arrested with Alex are believed to be still in detention at the Kopassus headquarters in Baucau (known as "Rumah Merah" or "Red House"), which is reputed to be an Indonesian military torture centre. (See Urgent Action UA 16/97PR). Grave fears are held for their safety as reports have been received from reliable ETHRC sources that they have been subjected to torture during interrogation. Detainees in East Timor are routinely subjected to torture and ill-treatment while in military or police custody, especially if they are denied access to their families and independent legal counsel.