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UA 367/92 - Indonesia / East Timor: arbitrary detention / fear of torture and ill-treatment: Abilio Baptista, Afonso Maria, Antonio, Avalino Baptista, Fernando Conceicao, Fernando, Francisco Goncalves, Henrique Guterres, Ildefonso Soares, Jorge Cortinnal,

, Index number: ASA 21/018/1992

Hundreds of East Timorese have been detained by the Indonesian security forces in recent weeks. Many of those arrested before the anniversary of the November 1991 Santa Cruz massacre, suspected of opposition to Indonesian rule, were released after interrogation but the fourteen named above and possibly many others are reportedly still in custody. Their precise whereabouts are unknown, heightening concern that they may be subjected to torture or ill-treatment.

EXTERNAL (for general distribution) AI Index: ASA 21/18/92
Distr: UA/SC
UA 367/92 Arbitrary Detention/Fear of Torture 23 November 1992
and Ill-treatment
INDONESIA/EAST TIMOR:
Abilio Baptista
Afonso Maria
Antonio
Avalino Baptista
Fernando Conceicao
Fernando
Francisco Goncalves
Henrique Guterres
Ildefonso Soares
Jorge Cortinnal
Mario Miranda
Pascal Soares
Rui Miranda
Vitor Viegas
Amnesty International is deeply concerned for the safety of some of the hundreds
of East Timorese detained by Indonesian military and police forces in recent weeks.
Many of those arrested as suspected opponents of Indonesian rule prior to the
anniversary of the November 1991 Santa Cruz massacre were released after
interrogation, but the fourteen people named above, and possibly many others, are
reported to remain in custody. The precise whereabouts of the fourteen are currently
unknown, heightening concern that they may be subjected to torture or ill-treatment.
Despite official assurances that political detainees are treated humanely and in
accordance with the law, Amnesty International has documented a long-standing pattern
of torture and ill-treatment of political detainees in East Timor. Moreover,
Indonesian security forces routinely deny political detainees access to a lawyer,
in contravention of Indonesia's own Code of Criminal Procedure (KUHAP Articles 54
and 55). Representatives of the International Committee of the Red Cross (ICRC) are
consistently denied access to detention centres until interrogation has been
completed.
Amnesty International is urging the Indonesian authorities to release immediately
all those detained in recent weeks for their peaceful political views or activities,
and to make known the place of detention of all those held on criminal charges. It
is calling upon the authorities to permit immediate access to those still in detention
by representatives of the ICRC. The organization is also seeking guarantees that
political detainees will be given immediate access to a lawyer of their own choosing,
in accordance with Indonesian law.
BACKGROUND INFORMATION
Indonesian forces invaded East Timor in 1975 in the aftermath of Portugal's withdrawal
from its former colony. Since that time Amnesty International has continued to document
serious human rights violations by Indonesian security forces in the territory,
including extrajudicial execution, torture and ill-treatment, "disappearance" and
political imprisonment.
In November 1991 more than 100 people were killed, and many others "disappeared",
after Indonesian soldiers opened fire on a peaceful procession at the Santa Cruz
cemetery in Dili. The human rights situation has not improved in the year since the
massacre. Hundreds of people have been subjected to death threats, beatings and
arbitrary arrest and at least 13 East Timorese have been sentenced, at unfair trials,
to long terms of imprisonment after being accused of organizing the Santa Cruz
procession and other peaceful protest marches.
On 20 November 1992 Xanana Gusmão, leader of the East Timor independence movement,
was arrested by Indonesian military forces. He is currently being held in incommunicado
detention, and there are fears that he may be subjected to
Page 2 of UA 367/92
torture or ill-treatment (see UA 366/92, ASA 21/17/92 of 23 November 1992 on Xanana
Gusmao).
The United Nations has not recognized Indonesia's sovereignty over East Timor. Talks
between Indonesia and Portugal concerning the political future of the territory are
scheduled to resume on 17 December 1992 under the auspices of the UN Secretary-General.
It is not yet clear whether East Timorese representatives will eventually participate
in the talks. East Timorese have urged that Xanana Gusmão be permitted to leave the
country in order to represent East Timor in these talks and in other international
discussions about the future of the territory.
RECOMMENDED ACTION: Please send telegrams/faxes/express and airmail letters either
in English or in your own language:
- expressing concern for the safety of the above fourteen East Timorese detained
in recent weeks for their real or alleged opposition to Indonesian rule in the
territory;
- requesting precise information on their whereabouts, and the reasons for their
arrest;
- urging the immediate release of all those detained for their peaceful political
views or activities;
- calling upon the authorities to permit immediate access to those still in detention
by representatives of the ICRC;
- seeking assurances that these and all other detainees will be given immediate
access to a lawyer of their own choosing, in accordance with Articles 54 and 55 of
Indonesia's Code of Criminal Procedure (KUHAP).
APPEALS TO
1) General Try Sutrisno
Commander of the Armed Forces
Markas Besar ABRI
Cilangkap, East Jakarta
Indonesia
Telegrams: Gen Sutrisno, Markas Abri,
Jakarta, Indonesia
Faxes: + 62 21 36 1471 (Armed
Forces HQ);
+ 62 21 37 8144 (Army HQ);
+ 62 21 35 6404
Salutation: Dear General Try
2) Ali Alatas
Minister of Foreign Affairs
Kementerian Luar Negeri
Jl. Taman Pejambon 6
Jakarta
Indonesia
Telegrams: Minister of Foreign Affairs
Alatas, Jakarta, Indonesia
Faxes: + 62 21 36 7781;
+ 62 21 36 7782
Salutation: Dear Minister Alatas
3) Brig Gen Theo Syafei
Markas Besar KOREM 164
Dili
East Timor
Telegrams: Brig Gen Syafei, Dili, East
Timor
Salutation: Dear Brig. Gen. Syafei
4) Maj. Gen. H.B.L. Mantiri
Markas Besar KODAM IX/Udayana
Denpasar, Bali
Indonesia
Telegrams: Maj Gen Mantiri, Pangdam
Udayana, Denpasar, Indonesia
Salutation: Dear Maj. Gen. Mantiri
COPIES OF YOUR APPEALS TO:
Indonesian Legal Aid Foundation
JL. Diponegoro 74
Jakarta 10320, Indonesia
and to diplomatic representatives of Indonesia accredited to your country
PLEASE SEND APPEALS IMMEDIATELY. Check with the International Secretariat, or your
section office, if sending appeals after 4 January 1993.

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