EN Official Journal of the European Union CE 88/337

(2004/C 88 E/0344)

WRITTEN QUESTION E-0921/03

by José Ribeiro e Castro (UEN) to the Commission

(24 March 2003)

Subject: East Timor — 1999 massacres; trial of those responsible; Indonesia; human rights

On 12 March an Indonesian brigadier-general was sentenced to five years' imprisonment by a special court in Jakarta on charges of crimes against humanity, because he did prevent the massacres committed in East Timor in 1999. At the time General Noer Muis held the rank of colonel and was the military commander of East Timor.

The judicial process of finding out who was responsible for the acts of oppression and genocide perpetrated, encouraged or tolerated by the Indonesian forces is being called a ‘sham’ by international human rights groups, because the accused do not include senior military commanders such as General Wiranto, who was Commander of the Armed forces and Minister of Defence.

On 19 December 2002 the written question (E-3865/02 (1)) to the Council tabled by Jules Maaten and Lousewies van der Laan asked ‘does the Council recognise that the trials on East Timor show, as the United Nations High Commissioner for Human Rights states, that Indonesia has not taken responsibility for crimes against humanity in East Timor?’ The answer to the question is not yet known.

Since the court in question seems to have been set up as a result of international pressure exerted on the Indonesian Government to ensure that those responsible for crimes committed in East Timor were prosecuted and punished, can the Commission say:

— whether it has followed the deliberations of the court closely; whether it can confirm that the then Indonesian military leaders are not being charged; if so, whether it considers that this lends credibility to the court and Indonesia's declared intention to establish the truth and punish the guilty; or whether it rather confirms the concern expressed by the Council in the earlier question of 12 June 2001 (E-1646/01 (2)) on the same subject ‘that recent judgements did not seem to meet international standards of justice and fairness’;

— will the Commission have information concerning the Indonesian Government's ability to place the military under civilian control? What information does it have regarding respect for human rights in Indonesia;

— might these issues have an impact on relations between the European Union and Indonesia? In particular, might the Commission consider reviewing the projects for cooperation and development with that country?

Answer given by Mr Patten on behalf of the Commission

(6 May 2003)

The Commission through its Delegation in Indonesia has been following closely, in co-ordination with representatives of Union embassies, the proceedings of the Indonesian Ad-Hoc Human Rights Tribunal for Crimes Committed in East Timor.

Brigadier General Noer Muis is among 18 Indonesian officials and militiamen who have been tried for the violence which erupted before and after the referendum in East Timor in 1999. Noer Muis was sentenced on 12 March 2003 to five years in jail for failing to prevent two fatal attacks against civilians.

The Tribunal of first instance has so far acquitted 12 defendants. Two lower-ranking officers and two civilians have been sentenced to imprisonment ranging from three to ten years. The trials of two other people are still in progress: Brigadier General Tono Suratman, Military Commander, and Major General Adam Damiri, the former chief Bali based Udayana Military Command overseeing Bali, Nusa Tenggara and East Timor. It is expected that the verdicts of these trials will be delivered in early May 2003.

On 21 August 2002, the Union issued a Declaration, following the delivery of the Tribunal's first verdicts, in which it expressed its concern ‘that the proceedings, so far, have not taken full account of the violence that took place in East Timor in 1999’ and urged ‘the Indonesian authorities to ensure that the proceedings of the Tribunal take place in conformity with the rule of law — and in full respect of the international human rights standards’.

The Union is reviewing the Tribunal's activities constantly and may address this issue further, possibly on the occasion of the issuing of the last expected verdict in early May 2003 and before the launch of the appeals process.

The Commission feels that with the holding of the 1999 elections Indonesia has taken a further important step in its transition from an autocratic regime to a fully-fledged democracy. The forthcoming Presidential and Parliamentarian elections of 2004 will strengthen this process, notably as regards efforts to bring the military under full civilian control. However, the Commission considers that much remains to be done in this respect.

The Commission Delegation and the Member States embassies in Indonesia monitor the human rights situation in this country in a thorough and continuous manner and report regularly to the Council Group on Human Rights. The latest such report was prepared in spring 2002.

Human rights are a central plank in the enhanced political dialogue between the Union and Indonesia. The Commission's Country Strategy Paper (2002-2006) and National Indicative Programme (2002-2004) for Indonesia puts a strong emphasis on the promotion of good governance and on the strengthening of the judicial system and of human rights. Community-supported programmes in these important areas are either ongoing or under preparation.

(1) OJ C 280 E, 21.11.2003, p. 30.

(2) OJ C 40 E, 14.2.2002, p. 70.