Identifier
Created
Classification
Origin
06DILI18
2006-01-09 15:18:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Dili
Cable title:  

EX-MILITIA MEMBERS KILLED IN CLASH WITH EAST TIMOR BORDER

Tags:  PREL PBTS PHUM ASEC KAWC TT ID 
pdf how-to read a cable
VZCZCXRO6177
PP RUEHCHI RUEHNH RUEHPB
DE RUEHDT #0018/01 0091518
ZNR UUUUU ZZH
P 091518Z JAN 06
FM AMEMBASSY DILI
TO RUEHC/SECSTATE WASHDC PRIORITY 2160
INFO RUCNARF/ASEAN REGIONAL FORUM COLLECTIVE
RUCNDT/USMISSION USUN NEW YORK PRIORITY 0276
RUEHBY/AMEMBASSY CANBERRA PRIORITY 0324
RUEHWL/AMEMBASSY WELLINGTON PRIORITY 0211
RUEHLI/AMEMBASSY LISBON PRIORITY 0251
RUEHLO/AMEMBASSY LONDON PRIORITY 0136
RUEHDT/AMEMBASSY DILI 1472
UNCLAS SECTION 01 OF 03 DILI 000018 

SIPDIS

SENSITIVE
SIPDIS

DEPT FOR EAP/MTS
JAKARTA FOR HANK RECTOR
USUN FOR RICHARD MCCURRY

E.O. 12958: N/A
TAGS: PREL PBTS PHUM ASEC KAWC TT ID
SUBJECT: EX-MILITIA MEMBERS KILLED IN CLASH WITH EAST TIMOR BORDER
POLICE

REF: A) 2003 BANGKOK 2164, B) 2005 DILI 25, C) 2005 DILI 599

DILI 00000018 001.2 OF 003


UNCLAS SECTION 01 OF 03 DILI 000018

SIPDIS

SENSITIVE
SIPDIS

DEPT FOR EAP/MTS
JAKARTA FOR HANK RECTOR
USUN FOR RICHARD MCCURRY

E.O. 12958: N/A
TAGS: PREL PBTS PHUM ASEC KAWC TT ID
SUBJECT: EX-MILITIA MEMBERS KILLED IN CLASH WITH EAST TIMOR BORDER
POLICE

REF: A) 2003 BANGKOK 2164, B) 2005 DILI 25, C) 2005 DILI 599

DILI 00000018 001.2 OF 003



1. (U) Summary: Three alleged members of 1999-era
anti-independence militias were shot dead by officers of East
Timor's Border Patrol Unit (BPU) on Friday, January 6. One of
the three, Jose Mausorte, was a prominent member of the
Halilintar militia and had been accused of involvement in
several killings during 1999 and subsequently in violent
cross-border incursions, including an incident in 2003 in which
militia members killed two people. At least one of the other
two men killed also appears to have been a member of Halilintar.
According to East Timorese officials, five militia members had
crossed the border illegally and were confronted by four BPU
officers attempting to arrest them. They then attacked the BPU
and in the ensuing struggle a BPU officer shot and killed three,
while two others escaped. The version of the events conveyed by
the Indonesian Embassy in Dili differs markedly, claiming that
the five were only present in the border area to fish, that the
BPU used excessive force, and that at least two of the killings
happened on the Indonesian side of the border. Based on the
information currently available, it is highly unlikely that the
alleged militia members were in the area only to fish, and the
accounts of their attack on the BPU officers are consistent and
credible. However, it also appears that the use of deadly force
by the BPU officers may have been unnecessary and/or excessive.
According to sources in the border area, the situation is now
calm and communications between the BPU and the Indonesian
military (TNI) are normal. End summary.


2. (SBU) On Friday, January 6, BPU officers patrolling the
border near Tunubibi junction point near Maliana shot and killed
three alleged members of a 1999-era anti-independence militia
who had reportedly crossed into East Timor illegally and who the
BPU claimed violently resisted arrest. The BPU officers
involved reported the following sequence of events to a United

Nations police advisor (UNPOL) investigating the incident:
--- Four BPU officers on patrol near Tunabibi in the Maliana
area of the border saw footprints and decided to investigate
them. Following the footprints, they came upon three men who
started running when they saw the BPU officers. The BPU
officers pursued them until they reached a small body of water
where the three stopped and turned to fight.
--- Two of the suspects attacked one BPU officer, hitting him
with rocks and cutting his hand with a machete. When he lost
consciousness they seized his rifle, but in the process dropped
the magazine into the water.
--- Meanwhile the third suspect, identified as Jose Mausorte,
had attacked another BPU officer and pinned him down. He was
pushing the officer's head into the water and reaching for the
officer's rifle, which subsequently released a shot that hit no
one. The officer being attacked shouted to his two remaining
colleagues to shoot Mausorte.
--- One of the two standing BPU officers, identified as Martinho
Lelo Mali, then shot Mausorte in the side.
-- The other two suspects, with the rifle they had seized, then
began running toward the river approximately 50 meters away.
The BPU officers commanded them to stop and fired warning shots,
at which point the suspects turned around and one of them aimed
the rifle at the officers. Officer Mali then fired and hit both
of them. (The rifle wielded by the suspects was the one with the
missing magazine, but the BPU officers claimed that one round
remained in the firearm.)
-- When the three fallen men were checked, they were all found
to be dead.


3. (SBU) A United States UNPOL stationed in Maliana went to the
scene of the incident several hours later as part of the follow
on investigation to interview the officers involved and review
the evidence. Items found belonging to the dead men were two
machetes and a couple of sacks of corn. According to the UNPOL,
the three bodies did not appear to have been moved and their
locations and their wounds were consistent with the BPU
officers' description of the events. The UNPOL did, however,
express concern about the fact that four armed officers were
unable to detain three lightly armed men without using deadly
force.


4. (U) A source at the United Nations-East Timor Serious Crimes
Unit (SCU) confirmed that two of the men killed were
investigated by the SCU in connection with crimes committed in

1999. Jose Mausorte in particular was investigated in
connection with an April 1999 incident where attacks on a
village by the Guntur Mera Putih and Halalintar militias

DILI 00000018 002.2 OF 003


resulted in three deaths. Mausorte was also a suspect in two
violent cross-border incidents in 2003 and 2005 (see Reftels A
and B). In the 2003 incident, a group of about 10 militia
members attacked a bus and killed two people, and one of the
attackers told UN investigators that his group was one of
several that had been sent into East Timor as part of a
co-ordinated effort to commit crimes and destabilize the country
(see Reftel A). Mausorte was one of six "most wanted" suspects
whose pictures are posted at all BPU posts. Mausorte's wife and
five children reside in Cailaco, a village near where the 2005
incident took place, so he was also believed to have made
frequent cross-border trips for which at least one motive was to
visit his family.


5. (U) East Timor's Foreign Minister Jose Ramos-Horta called a
meeting of chiefs of diplomatic missions in Dili this morning to
provide a briefing on the incident. Ramos Horta turned the
briefing over to Foreign Ministry Director-General Nelson
Santos, who is familiar with this area of the border in his
capacity as East Timor's lead negotiator in the ongoing effort
to demarcate the border with Indonesia. Santos gave an account
quite similar to the BPU version set forth in paragraph 2. He
added that the group of suspects originally consisted of five
people, of whom two escaped across the border to Indonesia.
Santos also said that the BPU members had seen one of the
suspects drop or throw a home-made pistol into the river.
Responding to reports in the Indonesian press that the men had
crossed over into East Timor only to fish, Santos said it was
impossible to fish in the river at this time of year because
heavy rains have made the current too swift and filled the river
with mud and floating debris.


6. (U) Two Indonesian diplomats in attendance at the Foreign
Ministry briefing then forcefully presented a very different
version of the incident. According to a printed chronology of
the events that they distributed at the meeting, the three who
were killed were part of a group of five "former citizens of
East Timor" who were on the Indonesian side of the border and
had gone there to fish in the river that runs along the border.
Only one of the party crossed into East Timor in order to pick
corn. The remaining four then heard shots fired from across the
border, prompting two of them to flee. The Indonesian
chronology does make reference to one of the men killed having
seized an officer's weapon, but it notes the loss of the
magazine and claims that the other two were shot while running
away. The Indonesian diplomats argued angrily that this
incident constituted a violation of human rights. They also
said that early East Timorese accounts of the incident had
claimed there was a gunfight between the two sides, which
everyone now seems to agree did not happen, and they claimed
that when they had asked Antonio DaCosta, the commander of East
Timor's BPU, about the incident he had responded that the BPU
would "kill everyone who trespasses the border." Finally, they
said that the incident was a violation of East Timor President
Xanana Gusmao's alleged promise to ex-militia members that he
would guarantee their safety if they returned to East Timor (see
Reftel C) and implied that the alleged promise and the
subsequent attack on the alleged fishermen may have been part of
a scheme. (Note: the Indonesian Embassy officer who took the
lead in this presentation, Police Colonel Minton Mariaty, is a
"police liaison" officer who has been known for some time to
maintain close contacts with the leaders of militia or
ex-militia organizations based in West Timor.)


7. (U) Reiterating a Government of Indonesia demand that had
been reported in press accounts, the two Indonesian diplomats
presented a letter calling upon the East Timorese authorities to
conduct a joint investigation with Indonesian security forces.
Ramos Horta immediately agreed to the joint investigation
proposal, saying that he had already discussed the idea with
Prime Minister Alkatiri.


8. (U) The Indonesian diplomats also urged that the bodies of
the two diplomats be returned to West Timor today. Timorese
Foreign Ministry representative Santos responded that the bodies
could not be returned until after autopsies had been done.
Indonesian police Col. Mariaty responded that there were 18,000
persons of East Timorese origin in West Timor, many of whom were
very angry and were demanding that the bodies be returned. She
said it would be in the best interest of all sides for the
autopsy to be completed today and the bodies returned to West
Timor immediately. East Timor police officials said later today

DILI 00000018 003.2 OF 003


that Jose Mausorte's body would be turned over to his wife in
East Timor and that the other two bodies would probably be
returned soon, although not today, to the decedents' families in
West Timor.


9. (U) Comment: While the Indonesian diplomats' claim that the
group was just "former citizens of East Timor" on a fishing trip
seems most unlikely, their complaint that excessive force was
used may well be valid. Embassy Dili will continue to monitor
developments related to this incident, including the ongoing UN
investigation and information on the medical condition of the
injured BPU officer who is now in Dili Hospital, and will report
further on any developments of interest. End comment.
REES