Catharine Munro, Jakarta – Militia leader Eurico Guterres today said he would answer charges of crimes against humanity in Indonesia but not in his native East Timor for his role in anti-independence activities in 1999.

And Indonesia would not respond to any extradition request issued for the arrest of Guterres and 16 other suspects, despite having agreed to do so with East Timor two years ago. "We currently do not have a written understanding that specifically states that Indonesia will allow the extradition of the suspects (to East Timor)," foreign ministry spokesman Wahid Supriyadi said, according to the Jakarta Post. "There isn't anything as such now."

Guterres was yesterday indicted by international prosecutors in East Timor on five counts of crimes against humanity before the province voted for independence in August 1999. They alleged that he ordered his Aitarak gang members to shoot pro-independence activists at a rally. Guterres was also accused of leading an attack on the home of separatist leader Manuel Carrascalao in April 1999 in which 11 refugees and Carrascalao's 19-year-old son were killed.

"I will not come to East Timor because I am an Indonesian citizen," Guterres said in an interview. "The incidents happened during the Indonesian administration over East Timor, therefore Indonesian law should be applied for this case."

The former gang leader has also been named as a suspect of human rights abuses by the office of the attorney-general in Indonesia. But the long-delayed human rights tribunal which would hear the cases is yet to start. Guterres complained that the Indonesian tribunal was "unfair" but said he would attend any trial.

"If I am found guilty by the court I am willing to be sentenced and if not I shall be set free and my good name restored. "I will not try to run and hide from the prosecution." Guterres now lives in Jakarta and leads the Young Bulls, the youth wing of Indonesian President Megawati Sukarnoputri's political party, the Indonesian Democratic Party of Struggle (PDI-P).