East Timor: Two Timorese men sentenced to death

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: ethrc@minihub.org  
Director: Ms Maria Brett  Chair: Bishop Hilton Deakin
____________________________________________________________________________

URGENT ACTION 
23 December 1997

  NAMES:Luis Maria da Silva, 57
     Francisco da Costa, 36
     
 VIOLATION:Unfair trials / Death Penalty

 LOCATION:Baucau, East Timor

      Ref: UA 29/97   
Further information: UA 17/97, UA 17/97PR
_____________________________________________________________________________

Two East Timorese men, Luis Maria da Silva and Francisco da Costa, were
sentenced to death on 11 December 1997 after being tried and found guilty
by the Baucau District Court of murder, taking part in subversion with the
aim of separatism, and illegal possession of firearms. This is the first
time since East Timor was occupied by Indonesia in 1975 that the death
sentence has been used in East Timor. According to media reports, the two
East Timorese men have lodged appeals to the High Court.

The convictions relate to the men's alleged involvement in the 31 May
ambush by members of Falintil (the armed East Timorese resistance) on a
truck which was carrying members of the Indonesian military and police (see
UA 17/97 and UA 17/97PR).  During the ambush, a grenade was thrown into the
truck resulting in the death of thirteen Indonesians, while another four
Indonesians were shot dead trying to escape. The attack was part of the
wave of violence which surrounded the Indonesian election in May this year.
 
The East Timor Human Rights Centre (ETHRC) is concerned that the trials of
Luis Maria da Silva and Francisco da Costa may not have met with
international standards for fair trials.  It also appears that the trials
may not have complied with the relevant provisions of the Indonesian
Criminal Procedure Code (KUHAP).  Under Article 55 of KUHAP, prisoners have
the right to choose their own lawyers, but it is believed Luis Maria da
Silva and Francisco da Costa were defended by court appointed lawyers as
their families were too afraid to appoint their own lawyers. There are also
concerns that the men may not have had ongoing access to their lawyers
throughout the trial process, a right guaranteed under Articles 54 and 56
of KUHAP.

According to Amnesty International, up to 53 East Timorese people may also
be on trial for their alleged involvement in 31 May ambush and other
incidents which took place around the time of the Indonesian election. If
convicted, some of these prisoners could also face the death penalty.
According to a recent media article (AFP 12 December 1997), Indonesian
prosecutors are seeking the death sentence against Lodewijk Manuel de
Armento, 29 and Francisico de Jesus Coreia, 32 who have been also accused
in taking part in the 31 May ambush and helping plan it. 

Background Information

The 29 May Indonesian election was accompanied by a wave of violence in
East Timor. A series of armed attacks by Falintil on Indonesian military
and police targets resulted in over forty people being killed, including
members of the Indonesian police and military, members of Falintil and East
Timorese civilians. The ETHRC does not condone the unwarranted use of force
and condemns any acts of violence against civilians, by either the
Indonesian military or the East Timorese guerrillas, as being human rights
violations under international law. However, the ETHRC believes the
intensive retaliation by Indonesian security forces since the election has
not been restricted to those directly responsible for criminal offences but
has targeted innocent East Timorese people. Since the election, it is
believed that at least 200 people across the territory have been arrested,
most of them arbitrarily. (See SR2/97 dated 30 August 1997). 

RECOMMENDED ACTION:

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

· expressing concern that Luis Maria da Silva and Francisco da Costa's
death sentences may have been handed down after an unfair trial; and
· calling on the Indonesian authorities to commute the death sentences
given to the two men.
 
SEND APPEALS TO:

1.PRESIDENT SUHARTO
President of the Republic of Indonesia
Istana Negara
Jl. Veteran
Jakarta Pusat
INDONESIA
Faxes: +62 21 345 7782  Email: hanafix@indo.net.id  
Telegrams: President Suharto, Jakarta, Indonesia

2.MINISTER OF JUSTICE
Haji Utoyo Usman S.H
Menteri Kehakiman
Jl H.R. Rasuna Said Kav. 6-7
Kuningan
Jakarta Selatan
INDONESIA
Telegrams: Minister Justice, Jakarta, Indonesia  Faxes: +62 21 525 3095

ALSO SEND COPIES TO:

3.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 3
February 1998

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.