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UN criticizes amnesty provision at Timor Leste hearing

Source
Jakarta Post - July 23, 2007

Ary Hermawan, Sanur/Bali – The Indonesia-Timor Leste Commission of Truth and Friendship (CTF) will begin its fourth hearing session here today with only seven key witnesses in attendance.

The CTF has once again failed to present five United Nations officials involved in the 1999 referendum that led to the bloody attacks by Indonesian Military-backed militias on independence supporters.

Former UN secretary-general Kofi Annan, former head of the UN Mission for East Timor (UNAMET) Ian Martin, former general prosecutor for serious crimes Siri Frigraad and former UN civilian police commander Allan Mills did not reply to invitations sent by the CTF. Commander of the Military Liaison Officers, Maj. Gen. Rezaqul Heider, replied to the commission, saying he was on leave.

The UN does not support the commission's investigation because it provides amnesty for those who perpetrated gross human rights violations, CTF co-chair from Timor Leste Dionisio Babo Soares said.

UN High Commissioner for Human Rights Louise Arbour, during a five-day visit to Jakarta last week, criticized the amnesty provision in the CTF, saying it was "not a step forward", and expressed her concerns, as did the UN.

Soares, however, said the witnesses absent from the session would not affect the commission's report on the 1999 violence. "It does politically affect the image of CTF, but it will not reduce the factuality of the truth we are trying to disclose," he said.

"We are reviewing documents approved by the international community, including the UN. We are working professionally according to internationally accepted standards," he said, adding a truth commission could recommend amnesty for rights violators if they are cooperative, show remorse and swear not to commit crimes again.

His statement slightly contradicted that of his Indonesian counterpart, Benjamin Mangkoedilaga, who was quoted by Kompas daily as saying the absence of witnesses from the UN would affect "the true value of the report". He said the commission would continue to invite the witnesses to testify at the commission's session despite their clear reluctance.

Among the seven witnesses who will appear are the former intelligence chief in East Timor, Col. Yayat Sudrajat, former Liquica Military head Lt. Col. Asep Kuswani, former Liquica regent Leoneto Martins, former vice chairman of the National Council for East Timorese Resistance David Ximenes and victim Domingos Alves. "(Leoneto Martins) is allegedly directly responsible for the mayhem in Liquica," Soares said.

Domingos Alves, he said, was a victim of violence by pro-Jakarta supporters and his attendance was meant to give a more balanced account of the violence that occurred in the newly-born country after the referendum.

The hearing will be held at the Sanur Paradise Plaza Hotel in Bali today and tomorrow. It will be followed by a seminar Saturday on the enhancement of friendship between Indonesia and Timor Leste.

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