EN Official Journal of the European Union CE 78/897

(2004/C 78 E/0948)

WRITTEN QUESTION E-4025/03

by Claude Moraes (PSE) to the Commission

(9 January 2004)

Subject: UN investigation in East Timor

One of my constituents has brought an ongoing UN investigation to my attention.

In 1975, five journalists were killed in East Timor whilst reporting on the Indonesian invasion. One of these journalists was a relative of my constituent. Initial reports stated the deaths were the results of crossfire, but it was later revealed (in the mid-1990s) that they were targeted and killed by Indonesians.

The UN administration has taken up this case, and although they were reportedly near to making arrests in 2001, no decisions or action has been taken.

My constituent is very concerned that justice has not been done. Could the Commission state what it can do to help the progression of this case?

Answer given by Mr Patten on behalf of the Commission

(10 February 2004)

Five journalists, Malcolm Rennie (Scotland), Brian Peters (England), Greg Shackleton (Australian), Tony Stewart (New Zealand) and Gary Cunningham (Australia), all working for Australian television channels, were brutally killed in the village of Balibo, Maliana District, East Timor in October 1975. Whilst the facts of the case are widely known as a result of media coverage and continued lobbying for justice by family members, no arrests or prosecutions have ever taken place.

The United Nations Transitional Administration in East Timor (Untaet) had a full governance mandate from the Security Council, and investigation of this and other historical cases was undertaken by UN Police investigators. By the time the Untaet mission ended in May 2002, investigation had reached the stage where evidence had been gathered and numerous unsuccessful requests for co-operation had been made to Indonesia for access to witnesses. The European Union also raised the case with the Indonesian Government in 2002. None of these requests bore fruit.

Prosecutions for murder cannot be undertaken because of the expiry of relevant statutes of limitation, (18 years in the Indonesian Penal Code, 15 years in the Portuguese Penal Code) although it might be possible with further investigation to maintain charges for war crimes (there being no statute of limitation for war crimes under the Geneva Convention).

Since 20 May 2002 East Timor attained full independence, and prosecuting authority passed from Untaet to the institutions of the sovereign nation. A case such as this falls within the mandate of the Prosecutor General, and relevant files, including the files developed by Untaet, should be transferred to his office.

The Commission's Delegation in Dili, East Timor, has contacted the Prosecutor General who denied that the files had been officially transferred to him. The Prosecutor General informed the victim's relatives accordingly, when he met them in October 2003 (when they travelled to Timor-Leste for the inauguration of the ‘Balibo Flag House’ commemorating the Balibo five).

The Prosecutor General has assured the Commission's Delegation in East Timor that he will continue the investigation as soon as the case documents are transferred to him.