WRITTEN QUESTION E-2957/97 by Patricia McKenna (V) to the Council (16 September 1997)

Subject: Imprisonment of Xanana Gusmão, leader of the Timorese independence movement

In a letter he wrote to the Indonesian President General Suharto in July 1997, the South African President Nelson Mandela called for the release of the leader of the Timorese independence movement, Xanana Gusmão. He wrote 'You will understand that we cannot normalize the situation in East Timor unless all the political leaders, including Mr Gusmão, are freed'.

Mr Gusmão, a leading member of the Timorese independence movement Fretilin, was sentenced to life imprisonment in May 1993. He was convicted of rebellion, illegal possession of firearms and attempting to separate part of the territory of Indonesia.

Human rights groups have widely criticized the nature of his trial. There were numerous reports that prosecution witnesses, many of whom were political prisoners, were subjected to undue pressure from the military authorities, the presiding judge refused to allow Mr Gusmão to enter much of his defence plea as it dealt with the political situation in East Timor, and the trial was conducted in Bahasia Indonesia, a language of which many of the witnesses had limited knowledge, and without proper translation facilities.

Does the Council agree that the release of Xanana Gusmão and all Timorese political prisoners is necessary to ensure a just resolution of the problems facing East Timor? What representations has it made to the Indonesian authorities over the detention of Timorese political prisoners? What action will it take in respect of President Mandela's initiative?

Answer (4 December 1997)

1. Respect for human rights is one of the cornerstones of the European Union's common foreign and security policy. In that context, the Council calls for all prisoners held on political grounds to be freed, including those in Indonesia. As the Honourable Member knows, the Union seizes every opportunity to raise the situation in East Timor with the Indonesian authorities, particularly as regards human rights, in accordance with the objectives of the common position defined by the Council in June 1996.

The troubling situation in East Timor was the reason for the presentation this year, by all the Member States of the European Union, of a draft Resolution that was adopted at the last session of the UN Commission on Human Rights in Geneva. That Resolution in particular calls on Indonesia to take all necessary measures to ensure full respect for the human righs and fundamental freedoms of the people of East Timor. It also asks the Indonesian government to ensure taht all Timorese citizens imprisoned or found guilty on political grounds are freed without delay, that all detainees are treated humanely and in accordance with international standards and that their trials are conducted in line with international rules. The Resolution also calls on the Indonesian authorities to cooperate with the UN Commission on Human Rights, in particular with its thematic rapporteurs, and to invite them (particularly the special rapporteur on torture) to visit East Timor. Lastly, the Resolution asks Indonesia to allow the creation of a post of "programme officer¨ for human rights at the UNDP's representaiton in Jakarta and to ensure that he has unhindered access to East Timor.

2. The Union supports the efforts of all those who work together with the UN Secretary-General to seek a just, comprehensive and internationally acceptable solution to the problem of East Timor, which fully respects the rights of the East Timorese people, in accordance with the relevant Resolutions of the General Assembly and in conformity with the principles enshrined in the United Nations Charter. In this context, the Council can only applaud President Mandela's initiative, which it hopes will be crowned with success.