92002E3865

WRITTEN QUESTION E-3865/02

by Jules Maaten (ELDR)and Lousewies van der Laan (ELDR) to the Council

(10 January 2003)

Subject: Indonesia's ad hoc tribunals on East Timor

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?

Is the Council aware of Indonesia's minimal cooperation with investigations into the deaths of Dutch citizen Sander Thoenes in September 1999 and British citizens Brian Peters and Malcom Rennie in 1975?

Will the Council invite the United Nations to establish an international tribunal on East Timor?

Will the Council become party to this international tribunal on East Timor?

Reply

(21 July 2003)

1. The Council shares the Honourable Member concerns over the functioning of the Indonesian ad hoc tribunal which was established to bring to justice the perpetrators of the serious human rights violations taking place in East Timor in 1999, and over the handling of the investigation into the deaths of Sander Thoenes, Brian Peters and Malcolm Rennie.

2. Since its establishment, the EU has been following the proceedings of the ad hoc tribunal closely. The EU regrets that the tribunal, with its limited jurisdiction in time and scope, is only able to prosecute a limited number of perpetrators and has so far not been able to reveal the systematic and widespread abuse of human rights. Furthermore, the EU has on several occasions raised its serious concerns with the Indonesian authorities that the quality of the prosecution and the tribunal procedures do not live up to international standards. When the first sentences were handed down in August 2002, the EU expressed its concerns to the Indonesian government that proceedings did not result in a substantiated account of the violence in East Timor. The EU also took note of the small number of victims summoned to testify and the absence of witnesses from Unamet and independent observers. The EU emphasised that important evidence had not been taken into account to substantiate the cases before the court, and expressed fear that the failure to produce relevant witnesses and evidence would jeopardise the credibility of the court's verdicts. Finally, the EU expressed hope that the proceedings of the court in the following months would be in conformity with international standards of justice. The EU will continue to follow carefully the proceedings of the Court, and will raise the issue again in an appropriate manner with the Indonesian government during political dialogue talks.

3. The murder of the Dutch journalist Sander Thoenes is one of the best documented human rights abuses committed in the aftermath of the East Timor referendum. Despite pressure by the EU and other international actors, the competent authorities are still reluctant to bring the case to trial. The EU will continue to urge the Indonesian authorities to make every effort to complete its investigations in the case of Sander Thoenes and bring to justice, as soon as possible, those responsible, and to cooperate with the UN investigation into the deaths of Malcolm Rennie and Brian Peters at Balibo in 1975.

4. The Council has neither discussed the question whether to invite the United Nations to establish an international tribunal on East Timor, nor its possible participation in such a tribunal.