Part 1 of 2

U.S. Dept of State

East Timor

Country Reports on Human Rights Practices - 2002

Released by the Bureau of Democracy, Human Rights, and Labor

March 31, 2003

East Timor became a fully independent republic on May 20, following
approximately 2½ years under the authority of the U.N. Transitional
Administration in East Timor (UNTAET). The country has a parliamentary form
of government with its first parliament formed from the 88-member
Constituent Assembly chosen in free and fair, U.N-supervised elections in
August 2001. The 29-member Cabinet is dominated by the Fretilin Party,
which won the majority of Assembly seats. Mari Alkatiri, Fretilin's
Secretary General, is Prime Minister and Head of Government and Xanana
Gusmao, elected in free and fair elections on April 14, is President and
Head of State. UNTAET's mandate ended with independence but a successor
organization, the U.N. Mission for the Support of East Timor (UNMISET), was
established. Under the Constitution ratified in March "laws and regulations
in force continue to be applicable to all matters except to the extent that
they are inconsistent with the Constitution;" and Indonesian and UNTAET
laws and regulations continue to be in effect. Regulations providing for an
independent judiciary generally were respected during the year; however,
the independence of the judiciary occasionally has been questioned.

UNMISET maintains responsibility and command of the U.N. Peace Keeping
Force (UN-PKF) and the U.N. Police Forces (UNPOL). In addition to providing
interim law enforcement and public security, UNMISET is assisting in the
development of the East Timor Police Service (ETPS), which will assume
responsibility for internal law and order. The East Timor Defense Force
(ETDF) will gradually take over responsibility for external defense from
UN-PKF. The UN-PKF continued to reduce its presence during the year.
UNMISET's mandate is scheduled to be phased out completely by June 2004.
The ETPS is responsible to the civilian Minister of Internal
Administration, and the ETDF is responsible to the civilian Secretary of
State for Defense. Some individual members of the ETPS committed some human
rights abuses.

East Timor is an extremely poor country, with two-thirds to three-fourths
of the population of 775,000 persons engaged in subsistence agriculture.
Per capita gross domestic product was estimated to be approximately $460.
An estimated 70 to 80 percent of the country's infrastructure was damaged
severely by the systematic scorched-earth campaign that Indonesian military
and militia forces conducted in September 1999, as they withdrew. During
the year, reconstruction proceeded slowly. The majority of the population
has basic shelter and sufficient food supplies. Low-level commercial
activity resumed; much of it served the large foreign presence. The rural
agricultural economy has recovered significantly, but the country remained
dependent on imported food. Coffee remained the territory's only
significant export, but falling world prices hindered export earnings. In
July 2001, the country concluded an agreement with Australia to share
revenue from the potentially lucrative Timor Gap oil and gas region, from
which significant revenues are predicted to begin in 2004. Property
ownership disputes and the lack of a comprehensive commercial code hindered
investment and related long-term development. Urban unemployment and wage
and price inflation remained significant problems. Most observers believed
that East Timor would remain heavily dependent on foreign assistance for
the next several years.

Both UNTAET and the new Government generally respected the human rights of
citizens. The arrival of international forces and withdrawal of Indonesian
forces in September 1999 largely brought to an end the decades-long pattern
of numerous, serious human rights abuses by Indonesian authorities and
Indonesia-backed East Timorese militias; however, many serious problems
remained. In 2001 militias based in West Timor, Indonesia, some backed by
elements of the Indonesian Government, at times crossed into East Timor and
threatened, robbed, attacked, and occasionally killed local villagers.
There were no such attacks during the year, although there were reports of
cross-border infiltration throughout the year. On December 4, two persons
were killed in violent rioting in Dili; ETPS personnel were believed
responsible for at least one of the killings. There was a problem with
prolonged pretrial detention and the vast majority of the prison population
is composed of pretrial detainees. On occasion the independence of the
judiciary was questioned, and judicial system resources were inadequate.
There has been no sitting appeals court since November 2001. By year's end,
over 222,000 refugees had returned to East Timor from West Timor and other
areas of Indonesia, but many others remained in West Timor. It was not
clear how many of these persons wished to return but felt unable to do so
either because of fear of reprisals from militias in West Timor or because
of instances of attacks and harassment of returning refugees suspected of
being former militia members. Domestic violence against women was a
significant problem, and customary practices discriminate against women.
The educational infrastructure, while significantly improved since
September 1999, suffered from inadequate facilities, poorly trained
teachers, and lacked educational materials. Protestants and Muslims
occasionally were harassed. Ethnic-Chinese businessmen faced some extortion
and harassment, and non-Portuguese speakers reported discrimination in
government hiring. Local leaders sometimes forced suspected militia members
returning from West Timor, Indonesia, to engage in compulsory labor. East
Timor was invited by the Community of Democracies' (CD) Convening Group to
attend the November 2002 second CD Ministerial Meeting in Seoul, Republic
of Korea, as a participant.

During the year, significant efforts were made to bring to justice those
persons responsible for the most serious abuses committed during 1999.
UNMISET includes a Serious Crimes Investigation Unit (SCIU), which issued
46 indictments against 141 accused perpetrators, 129 of whom are charged
with crimes against humanity. A judicial body, the Serious Crimes Panel,
tried and convicted 26 of these persons and acquitted 2. The SCIU also
issued 12 arrest warrants for Indonesian military officers and submitted
these arrest warrants to the Indonesian Government. By year's end, the
Indonesian Government had not responded formally. In Jakarta the Indonesian
Government's East Timor Ad Hoc Tribunal on Human Rights saw prosecutors
present weak cases. During the year, the Tribunal completed 12 of 18 trials
and convicted 3 defendants of crimes against humanity--2 East Timorese and
1 Indonesian--while acquitting 12 Indonesian defendants. The Tribunal's
performance disappointed international observers.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including Freedom From:

a. Arbitrary or Unlawful Deprivation of Life

There were no reports of political killings during the year; police killed
a protester in clashes in Baucau on November 23 (see Section 1.c.). On
December 4, during clashes between rioters and security forces in Dili, 2
persons were killed and 15 injured. It had not been established that the
dead and injured were shot by security force personnel, but the ETPS
personnel were believed to have committed at least one of the killings, and
credible sources reported that the security forces used excessive force
(see Section 2.b.).

In July 2001, UN-PKF forces based in East Timor shot and killed an
Indonesian soldier dressed in civilian attire in West Timor after he
reportedly fired across the border.

In March 2000, militia members reportedly killed a villager near Maliana.
By year's end, this case remained under investigation, and no charges had
been filed.

In July 2000, near Suai, approximately eight militia members shot and
killed New Zealand U.N. peacekeeper Private Leonard William Manning and
mutilated his corpse. In November 2001, the leader of the group, Jacobus
Bere, was put on trial in Jakarta, Indonesia, for first- and second-degree
murder following a joint Government of Indonesia-UNTAET investigation.
Indonesian prosecutors also indicted three of the five militia members
involved. Yohanes Timo and Gabriel Hale Noni were charged with premeditated
murder, a charge carrying the death penalty. Fabianus Ulu faced up to 15
years in jail if convicted on the lesser charge of homicide. On March 7,
the Indonesian court sentenced Bere to 6 years' imprisonment and acquitted
the other three accused.

In August 2000, militia members killed Nepalese U.N. peacekeeper Private
Devi Ram Jaisi and wounded four other persons. By year's end, UNTAET and
the Government of Indonesia had been unable to capture the suspects in this
incident.

Elements of the Indonesian security forces (TNI) and prointegration (with
Indonesia) East Timorese militias, armed and largely supported by the TNI,
were responsible for numerous killings in East Timor throughout 1999,
especially after the August 1999 consultation vote resulted in an
overwhelming majority for independence. Since 2000 UNTAET and the East
Timor Government have made efforts to bring to justice those persons
responsible for the most serious abuses. In 2000 UNTAET established a
Serious Crimes Investigation Unit to address the most recent and serious
cases (see Section 1.e.). In April 2000, UNTAET concluded a memorandum of
understanding with the Government of Indonesia regarding legal, judicial,
and human rights cooperation. In December 2000, UNTAET filed indictments
against persons suspected of committing war crimes and related atrocities
in 1999. The Indonesian Government (Attorney General's Office) did not take
a position or respond formally. Of the 141 persons indicted by UNTAET, 84
reportedly were at large in Indonesia.

During 2000 UNTAET provided considerable assistance to Indonesian
authorities investigating the atrocities committed in East Timor during
1999. In Indonesia the Commission for Investigation of Violations of Human
Rights in East Timor (KPP-HAM) submitted its report on human rights
violations in East Timor to the Indonesian Attorney General's office in
January 2000. The report built on an earlier interim report that held
Indonesian security forces responsible for the destruction and violence
that followed the East Timor consultation vote in August 1999. The KPP-HAM
members recommended the investigation of more than 30 persons, including
the commander of the security forces General Wiranto, former Indonesian
armed forces intelligence chief Zacky Anwar Makarim, and other high-ranking
TNI and police officers. The Indonesian Attorney General announced that his
office initially would prosecute five major cases arising from the 1999
violence: The April 1999 massacre in Liquica, in which at least 25 persons
died; the April 1999 killings at proindependence activist Manuel
Carrascalao's home in Dili, in which at least 15 persons died; the
September 1999 attack on the compound of the Catholic Diocese in Dili; the
September 1999 massacre of at least 3 priests, and 160 other civilians at a
church in Suai; and the September 1999 killing of Dutch journalist Sander
Thoenes. In September and October 2000, the Indonesian Attorney General's
office named a total of 23 suspects in the cases (1 of whom was killed by
fellow militia members in September 2000). In February the Government of
Indonesia convened the Ad Hoc Human Rights Tribunal for East Timor to try
persons who committed atrocities during April and September 1999 in
Liquica, Dili, and Suai. On August 14 and 15, the Tribunal handed down its
first verdicts, acquitting six of seven defendants. Former Governor Abilio
Soares was convicted and given a 3-year prison term. On November 27, one of
the most notorious militia leaders, Eurico Guterres, was convicted of
"murder and persecution" and given a 10-year sentence. On December 27, the
Tribunal convicted Lieutenant Colonel Sujarwo, who had commanded the Dili
military district, and sentenced him 5 years. The Indonesian government
prosecutors in these cases did not fully use the resources and evidence
available to them from the United Nations and elsewhere. The Tribunal's
performance disappointed international observers.

During 2000 there were reports that returning refugees alleged to have
militia links were killed. In January and February 2000, two men were
killed in Ermera district. In April 2000, Gabriel Alves, a suspected
militia member, was beaten and kicked to death in Ulmera, Liquica. A
suspect was arrested in 2000, but was released pending trial. By year's
end, no trial date had been set.

b. Disappearance

There were no reports of politically motivated disappearances during the year.

There were numerous reports of abductions and disappearances following the
flight and forced relocation of more than 250,000 civilians in September
1999. In addition, dozens of prisoners, including political prisoners,
previously held in Becora prison in Dili reportedly were taken to West
Timor in September 1999. By the end of 2000, nongovernmental organizations
(NGOs) had determined the whereabouts of the vast majority of the former
prisoners. Some returned, while others remained in West Timor.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The Constitution provides that all persons undertaking public duties or
holding public office shall observe internationally recognized human rights
standards, as reflected in the U.N. Convention Against Torture and other
Cruel, Inhuman or Degrading Treatment or Punishment, and security force and
other government and U.N. personnel observed these regulations in practice.

On November 18, in Baucau a police officer and his attacker were both
seriously injured and a police pistol was stolen. Subsequently, on November
23, the house of the person who had allegedly stolen the pistol was burned,
and this was followed by an attack on Baucau police headquarters.
Protesters allegedly bombarded the police station and vehicles with rocks,
and one of the protesters was reported to be carrying a firearm. Police
responded by firing several hundred rounds, reportedly mainly into the air.
One protester was critically injured, apparently by a gunshot wound, and
subsequently died. Community residents alleged that ETPS personnel
threatened, intimidated, and assaulted them in course of searching for
suspects and gathering information. At year's end, UNPOL and a U.N. Human
Rights Unit were investigating.

During clashes in Dili between rioters and security forces on December 4, 2
persons were killed and 15 injured; ETPS personnel were believed
responsible for at least one of the killings. Credible sources reported
that the security forces used excessive force (see Section 2.b.).

There were isolated cases of local residents mistreating returning refugees
who were suspected of being former militia members or militia sympathizers.
In past years, such mistreatment occasionally took the form of
interrogation, stoning, beating, and forced labor (see Section 6.c.). In
1999 and 2000, local UNTAET and U.N. police officials often permitted
irregular security groups to screen returnees to determine if they had been
associated with militias or Indonesian intelligence or had committed
abuses. This screening usually occurred once the returnees had arrived back
in their home areas. Returnees who were suspected of having committed
abuses in some instances were beaten during these sessions, at times
severely. For example, in early February 2000, an interrogation team beat
and stabbed an alleged militia member in Liquica. However, most returning
refugees were reintegrated without significant problems (see Section 2.d.).

In 1999 TNI-supported militia groups perpetrated numerous acts of rape and
sexual abuse against displaced East Timorese women, in addition to the
widely reported rapes of women whom one of the militia groups kept as sex
slaves in their Dili headquarters (see Section 5). In 2000 a Dili court
indicted one militia member on a rape charge stemming from the September
1999 violence in Suai; however, the case had not been prosecuted by year's
end. An SCIU (see Section 1.e.) special team established to address sexual
violence continued to investigate numerous other rape cases. Numerous cases
of alleged rapes in previous years by Indonesian soldiers and civilian
personnel remained unresolved.

Prison conditions generally met international standards. A separate
juvenile block at the Becora prison was finished and used to house juvenile
prisoners. There were no separate juvenile facilities at the Gleno or
Baucau prisons. Two juveniles were incarcerated at Gleno. Female prisoners
have segregated housing in Gleno, but shared housing with juveniles in
Becora until transferred to Gleno. There were two full-time social workers
to deal with juveniles, women, the elderly, and mentally ill inmates.

The Government permitted prison visits by independent human rights observers.

d. Arbitrary Arrest, Detention, or Exile

The Constitution prohibits arbitrary arrest and detention, and government
regulations require a hearing within 72 hours of arrest to review the
lawfulness of the arrest and detention, and provide the right to a trial
without undue delay.

Pretrial detention is allowed only for crimes carrying a sentence greater
than 1 year. In principle a judge must review pretrial detention every 30
days; however, in practice limited resources hindered this review, and many
persons remained in pretrial detention longer than stipulated. The maximum
pretrial detention period is not to exceed 6 months for suspects who are
charged with crimes carrying a sentence of 5 years or less. In the case of
a suspect who is charged with a crime carrying a sentence of more than 5
years, a court panel may extend the pretrial detention for an additional 3
months. For crimes with a sentence of over 10 years, a court panel may
order additional pretrial detention beyond 9 months. Upon the expiration of
the maximum detention period, a judge may order the release of a detainee.
During the year, approximately 25 percent of all detainees were overdue for
review of their pretrial detention. At year's end, two-thirds of the total
prison population were pretrial detainees. Of the pretrial detainees,
three-quarters were charged with murder, manslaughter, rape, or other
violent crimes that carried sentences greater than 10 years. The
Government's general policy was to keep the prison population as low as
possible. Consistent with this approach, many detainees were released on
bail upon review; however, charges against them were not dropped, and their
legal status was uncertain. Some detainees were in pretrial detention for
periods longer than the maximum sentences for the crimes with which they
had been charged. The number of pretrial detainees for serious and ordinary
crimes had increased from the previous year.

The Constitution prohibits forced exile, and the Government did not use it.

e. Denial of Fair Public Trial

The Constitution provides for an independent judiciary. The Court Law
provides that judges shall perform their duties "independently and
impartially" without "improper influence." UNTAET regulations, still in
force, established a Prosecution Law that requires that all public
prosecutors discharge their duties impartially. These regulations generally
were respected during the year; however, the independence of the judiciary
occasionally was questioned. In September 2000, the Dili District Court
ordered the arrest of a Japanese reporter for "offending the dignity" of
National Council of Resistance President Xanana Gusmao--a crime under the
Indonesian Criminal Law Code that the East Timor courts continued to use
during 2000, despite Indonesia's revocation of the law. The reporter later
was released, and UNTAET subsequently revoked the Indonesian statute used
in the case.

The civil law court system includes four district courts and one national
Court of Appeal in Dili. In June 2000, UNTAET established a public
prosecutor's office. The Ministry of Justice is responsible for
administration of the courts and prisons and provides defense
representation as well. The Prosecutor General is responsible for
initiating indictments and prosecutions. The Government continued to make
progress in creating a legal basis for the justice sector, but faced
serious challenges in recruiting and training qualified judges,
prosecutors, and defense lawyers. The judiciary's shortage of personnel,
bureaucratic and managerial inefficiency, failure to appoint a council of
magistrates, and a past insistence on Portuguese-language ability for
international judges all contributed to the Government's inability to
process criminal cases against most detained suspects within a reasonable
time (see Section 1.d.). Due to the lack of judicial and legal personnel,
only two district courts were fully functional. The Appeals Court did not
function during the year.

In March 2000, UNTAET established a special Serious Crimes Panel within the
Dili District Court to serve as a de facto international tribunal to
prosecute those Indonesian and pro-Indonesian East Timorese persons
responsible for the mass killings in 1999 and other serious human rights
abuses. However, insufficient funding and staffing of the UNTAET SCIU
limited its ability to investigate the 10 priority incidents related to the
1999 atrocities. In an effort to overcome these difficulties, the SCIU was
reorganized in December 2001 and additional resources were allocated.
However, insufficient staff and funding continued to slow prosecutions.
During the year, there was only one functioning Special Panel to hear
serious crime cases. By year's end, the Prosecutor General in Dili had
filed 46 indictments against 141 accused militia members for serious
crimes, 129 of whom were accused of crimes against humanity.

The Crimes Panel, which consists of two foreign judges and one East
Timorese judge, has exclusive and "universal" jurisdiction to adjudicate
cases of genocide, war crimes, crimes against humanity, murder, sexual
offense, and torture that occurred between January 1 and October 25, 1999.
In June 2000, UNTAET created a corresponding Serious Crimes Prosecution
Division under the Prosecutor General, which includes an internationally
staffed Serious Crimes Investigation and Prosecution Unit. UNTAET adopted
international definitions of genocide, war crimes, crimes against humanity,
torture, and command responsibility into a criminal code for the Serious
Crimes Panel, and in December 2000 filed the first indictments against
Indonesian and pro-Indonesia East Timorese suspects. UNTAET requested
assistance from the Government of Indonesia in extraditing identified
suspects at large in Indonesia; however, the Government of Indonesia
refused to extradite suspects to East Timor or to allow UNTAET
investigators to question suspects in Indonesia. Nonetheless the Serious
Crimes Panel proceeded with its work, and at year's end 24 cases were at
various stages in their proceedings before the Panel.

The Constitution makes Portuguese and Tetum the official languages,
although only a minority of the population speaks Portuguese. Many laws
have been promulgated in Portuguese, and Portuguese was the primary
language in which judicial proceedings were conducted. Many judges,
prosecutors, defense counsels, and defendants were unable to read the new
laws being promulgated by Parliament. The Government provided Portuguese
language lessons for public officials including judges and prosecutors, and
regulations provide for interpretation of judicial proceedings into
languages understood by the parties. However, translation and
interpretation facilities were not able to meet the needs of the judiciary.

There were no reports of political prisoners.

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