Torture of East Timorese detainees

EAST TIMOR HUMAN RIGHTS CENTRE 
124 Napier St Fitzroy 3065 Australia
PO BOX 1413 Collingwood 3066 Australia
Tel: 61 3 9415 8225  Fax: 61 3 9416 2746  E-mail: etchrmel@peg.apc.org  
Director: Ms Maria Brett  Chair: Bishop Hilton Deakin
______________________________________________________________________
URGENT ACTION Progress Report
13 October 1997

NAMES:	Joaquim Santana		Constancio Chantal dos Santos, 21
	Fernao Malta Lebre	Jojo dos Santos 
	Francisco Caldeira	Nuno dos Santos, 24
	Ivo Miranda		Domingos Natalino Coehlo da Silva, 22	
	Soares (no first name)
        Fernando Lere 		
	Jose Ximenes (or Eduardo)
      
NEW NAMES:	Joao Bosco Carceres, 27
                Acelino	

VIOLATION:	Arbitrary Detention / Torture

LOCATION:	Semarang, Indonesia and Dili, East Timor

Ref: UA 23/97PR
Previous report: UA 23/97 
_____________________________________________________________________

Up to thirteen East Timorese men are believed to be still in detention in
Semarang and Dili following two recent incidents involving home-made bombs.

In Semarang, nine East Timorese are being detained at POLDA (the local
police station) following their arrest on or about 14 September for their
alleged involvement in a bomb blast in a house in Demak, east Semarang. The
group includes two East Timorese men whose names were previously unknown,
Joao Bosco Carceres and Acelino (no surname). It is believed lawyers from
YLBHI, representing Joao Bosco Carceres, Acelino, Domingos Natalino Coehlo
da Silva and Nuno dos Santos, were refused permission to see their clients
on the grounds of 'state security'. It is not clear whether charges have
been brought against them under Indonesian law.

Amnesty International has confirmed that Laurindo Albino da Costa Lourdes
(previously Laurindo Alkino Da Costa) who was believed to have been arrested
in Semarang was not in fact arrested, while an ETHRC source has confirmed
that Julio Santana has now been released. Appeals on their behalf should
cease.  

In Dili, the four men who were arrested on about 16 September in relation to
their alleged possession of eleven bombs are believed to be still in
detention at POLRES (Regional Police Headquarters) in Dili.  The detainees
are Constancio Chantal dos Santos, Jojo dos Santos, Francisco Caldeira and a
fourth man, whose identity is still unclear. The ETHRC identified him as
Jose Ximenes while Amnesty International has reported that he is Eduardo (no
surname). The ETHRC is still trying to confirm his identity. 

It is believed Constancio Chantal dos Santos and Jojo dos Santos are being
held under Articles 106, 108 and 110 of the Indonesian Criminal Code (KUHP)
for rebellion against the state, and under Article 1, UU Decrit No 12 1961,
in relation to the use of weapons. Grave fears are held for the safety of
Constancio Chantal dos Santos because it has been alleged he was carrying
correspondence from Xanana Gusmao, the jailed East Timorese Resistance
leader, at the time of his arrest.

Reliable ETHRC sources have reported that all thirteen detainees have been
subjected to torture in order to extract confessions. It is believed all of
the Semarang detainees have been subjected to electric shock.  Constancio
Chantal dos Santos has also been subjected to electric shock and has had two
fingers severed. The ETHRC holds grave fears for the safety of all thirteen
men as they may be subjected to further torture if they are not allowed
immediate access to legal representation. The ETHRC is also concerned that
some of the detainees may have been arbitrarily detained as it is not clear
whether they have all been charged under Indonesian law. Those detainees who
have not been charged with a recognisable offence under Indonesian law
should be immediately released.

RECOMMENDED ACTION:
Please send faxes/telegrams/express/airmail letters in English, Bahasa
Indonesia or your own language:

· seeking clarification of the identities of the East Timorese men still
detained at POLDA in Semarang and POLRES in Dili and seeking details of the
charges against them (if any);
· welcoming reports that Julio Santana has been released and calling for the
immediate and unconditional release of all detainees who have not been
charged with a recognisable offence under existing laws;
· urging the authorities to allow the remaining detainees immediate access
to legal representation, members of their families and humanitarian
assistance; and
· seeking assurances that none of the detainees will face further torture or
ill-treatment in detention and that they will be treated humanely and in
accordance with international standards.

SEND APPEALS TO:

1.   MILITARY COMMANDER REGION IX/UDAYANA (includes East Timor)
General Syahrir MS
Pangdam IX/Udayana
Markas Besar KODAM IX/Udayana
Denpasar, Bali
INDONESIA
Telephone: +62 361 228 095
Telegrams: Pangdam IX/Udayana, Denpasar, Bali, Indonesia

2.   CHIEF OF POLICE FOR EAST TIMOR
Colonel Atok Rismanto
Kapolda Timor Timur
Dili, East Timor
INDONESIA
Telegrams: Kapolda, Dili, East Timor

ALSO SEND COPIES TO:

3.   MINISTER OF FOREIGN AFFAIRS
Ali Alatas S.H.
Menteri Luar Negeri
Jl. Medan Taman Pejambon No. 6
Jakarta
INDONESIA
Faxes: +62 21 360 541 / 360 517 / 380 5511 / 345 7782

4.   SECRETARY GENERAL, NATIONAL COMMISSION ON HUMAN RIGHTS
Prof. Dr. Baharuddin Lopa
Sekretaris Jenderal, Komisi Nasional Hak Azasi Manusia (Komnas HAM)
Jl Latuharhary No 4 B,
Menteng Jakarta Pusat
INDONESIA
Phone/Fax: +62 21 392 5227   Email: info@komnas.go.id

and to diplomatic representatives of Indonesia in your country.

PLEASE SEND APPEALS IMMEDIATELY
Check with the East Timor Human Rights Centre if sending appeals after 24
November 1997

The Human Rights Action Network, a part of Derechos Human Rights, distributes appeals on behalf of victims of human rights violations. You are invited to join the network. Please check the date of the present action and do not write if it's over a month old.