Summary: August 6, 2003: Declaration by the Presidency on behalf of the European Union on ad hoc Human Rights Tribunal for crimes committed in East Timor (Brussels)
The EU welcomed the establishment of an ad hoc Human Rights Tribunal on East Timor. This was a crucial first step in bringing to justice those persons responsible for human rights violations committed in East Timor in 1999, and was in accordance with the concerns of the UN Security Council.
However the trials, recently completed with the last verdict delivered by the ad hoc tribunal on August the 5th, have failed to deliver justice and did not result in a substantiated account of the violence.
The EU is disappointed that the prosecutors have not submitted all the evidence, especially that referred to by UN investigators and the Indonesian National Commission on Human Rights (KPP - HAM) in their reports, suggesting that elements of the military, police and civil government allegedly funded, trained and abetted local militia groups. Besides, no officials from UNAMET, or members of independent observer missions, and only a very few "victim witnesses" from Timor-Leste, were called to
testify by the prosecutors.
These deficiencies in the process have jeopardised the credibility of the verdicts, which were disproportionate to the seriousness of the crimes committed.
The EU would like to underline that ensuring the accountability of all perpetrators of serious human rights violations would enhance trust in the judiciary and contribute to reconciliation. That is why it is of paramount importance that the Indonesian judicial authorities ensure the appeal process is conducted in a manner consistent with international legal standards and the appeal judgments are set out in accordance with the principle of transparency.
The EU also urges the Indonesian government to implement the recommendations made on reforming the judicial system contained in the report by the UN special rapporteur on the independence of judges and lawyers. At the same time, the EU encourages the relevant authorities to take the necessary steps to improve proceedings for future trials on human rights violations, such as the Tanjung Priok cases.
The EU regrets that the Sander Theones case was not brought before the ad hoc tribunal, and reiterates once again the urgency that the perpetrators of his murder be brought to justice without further delay and in accordance with international standards.
The Acceding Countries Cyprus, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, the Slovak Republic and Slovenia, the Associated Countries Bulgaria, Romania and the EFTA countries Iceland, Liechtenstein and Norway, members of the European Economic Area align themselves with this declaration.
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