Identifier
Created
Classification
Origin
06DILI70
2006-02-15 05:37:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Dili
Cable title:  

UPDATE ON JANUARY BORDER INCIDENTS

Tags:  PREL PBTS PHUM ASEC TT ID 
pdf how-to read a cable
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DE RUEHDT #0070/01 0460537
ZNR UUUUU ZZH
P 150537Z FEB 06
FM AMEMBASSY DILI
TO RUEHC/SECSTATE WASHDC PRIORITY 2233
INFO RUCNARF/ASEAN REGIONAL FORUM COLLECTIVE
RUCNDT/USMISSION USUN NEW YORK PRIORITY 0290
RUEHBY/AMEMBASSY CANBERRA PRIORITY 0350
RUEHWL/AMEMBASSY WELLINGTON PRIORITY 0234
RUEHLI/AMEMBASSY LISBON PRIORITY 0275
RUEHLO/AMEMBASSY LONDON PRIORITY 0153
RUEHDT/AMEMBASSY DILI 1550
UNCLAS SECTION 01 OF 02 DILI 000070 

SIPDIS

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: PREL PBTS PHUM ASEC TT ID
SUBJECT: UPDATE ON JANUARY BORDER INCIDENTS

REF: DILI 18

DILI 00000070 001.2 OF 002


UNCLAS SECTION 01 OF 02 DILI 000070

SIPDIS

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: PREL PBTS PHUM ASEC TT ID
SUBJECT: UPDATE ON JANUARY BORDER INCIDENTS

REF: DILI 18

DILI 00000070 001.2 OF 002



1. (U) Summary: Two border incidents that occurred in January
have caused a spike in tension between East Timor and Indonesia.
First, on January 6, three alleged members of 1999-era militias
were shot dead by East Timor's Border Patrol Unit (BPU). See
Reftel. Then, on January 24, it was reported that an East
Timorese woman had been repeatedly raped by members of the TNI
after they had arrested her for illegally crossing the border
into Indonesian West Timor in mid January. A joint
investigation is currently being carried out into the January 6
incident and the two sides have reached agreement on several key
issues. No such joint effort has been launched in response to
the rape allegations and to date the only follow up on this
issue appears to be a promise by Indonesian authorities to
investigate the matter. End summary.

Update on January 6 shooting deaths of ex-militia by BPU
-------------- --------------


2. (U) Immediately after the January 6 shooting deaths of three
alleged militia members described in Reftel, markedly different
versions of the events were put forward by East Timorese and
Indonesian officials. According to East Timor's BPU, the three
deceased men had crossed the border illegally, attacked BPU
officers attempting to arrest them, and then been killed in the
resulting struggle by a BPU officer acting in self-defense
and/or to save the lives of his fellow officers. Accounts by
BPU and other Government of East Timor (GOET) officials also
emphasized the leading role allegedly played by one of the
deceased in violent cross-border attacks in 2003 and 2005. A
written account provided by the Indonesian Embassy in Dili, on
the other hand, questioned whether the deceased were in East
Timor when they encountered the BPU officers, characterized them
as Indonesian citizens on a fishing trip, and lambasted the BPU
as having committed egregious human rights violations. See
Reftel for further details of both sides' positions and for
Embassy Dili's early assessment of the probable facts.


3. (U) In the days following the incident, East Timorese and
Indonesian officials declared their intent to carry out a joint

investigation of the incident. A joint investigation team was
subsequently formed, led by Prosecutor General Longuinhos
Monteiro on the East Timorese side and Gorris Mere, a Major
General in the Indonesian Police (POLRI) on the Indonesian side,
and began its work in late January. Initially, Monteiro's
public statements demonstrated the continuation of sharp
disagreement between the two sides. Following the first meeting
he remarked that the Indonesian account was 90 percent wrong and
based on hearsay from two witnesses who they claimed had fled
the scene.


4. (U) However, last week the team held a three-day meeting
after which it issued a joint report. Although not final, the
report outlined several key areas in which the two sides have
reached agreement. These include: that the three deceased had
entered East Timor illegally; that they were in East Timorese
territory when they were killed; that they were shot and killed
by officers of the BPU; and that the case will be processed
under the laws of East Timor. The team indicated that they
expect to complete their final report in the coming days and
that President Xanana Gusmao will present it to President Susilo
Bambang Yudhoyono at their upcoming meeting, currently scheduled
for this Friday, February 17 in Bali.


5. (SBU) Separately, UNPOL officers assigned to work with the
BPU held a meeting in mid-January during which they carried out
an analysis of why the BPU's encounter with the three deceased
resulted in their shooting deaths. The report from this meeting
was relayed to the Embassy and includes the following
observations of particular note:

-- None of the four officers involved in the incident had
received advanced training that includes appropriate use of
force techniques. The UNPOLs remarked on the need for both this
training and constant follow on practice to maintain skills.

-- All UNPOLs involved in the meeting agreed that the current
BPU structure lacks clear leadership and command control. For
example, many commanders are the same rank as those under their
command, and thus are perceived as lacking necessary authority.
In other cases, commanders are perceived to have gained their
position through political connections rather than performance.

-- A lack of appropriate equipment was cited as a possible
important contributing factor. Although BPU officers have been
trained in use of batons, pepper spray and handcuffs, most are
currently not issued these items. The four involved in the

DILI 00000070 002.2 OF 002


incident had only their rifles, leaving limited options for
response. Moreover, the UNPOLs noted the difficulty of
maintaining the security of a firearm the size of a rifle,
especially when engaging a suspect.

Update on rape allegations against TNI members
-------------- -


6. (SBU) On January 26, the Embassy received reports from UNOTIL
sources that an East Timorese woman had been raped by Indonesian
military (TNI) soldiers at a TNI post near Oecussi. According
to the UNPOL report, TNI officers detained the woman along with
a male companion on charges of illegal border crossing and
smuggling on January 12. They were then brought to TNI post JP4
where the man was tied up and beaten and the woman was raped
during the evening by three TNI soldiers and again in the
morning by two different TNI soldiers. On January 14, it is
reported that Indonesian police officers (Polri) appeared at the
TNI post (the report notes that they came of their own accord,
as they had not been called by the TNI) and took custody of the
two East Timorese detainees. They brought them to the Polri
headquarters in Aplal and then sent them to the headquarters in
Kefamenanu so that they could be treated at the Kefamenanu
hospital. On January 23, following several days in the
hospital, the two East Timorese were then brought to another TNI
post (Napan) in order to be deported back to Oecusse. The
alleged rape victim was later transported to Dili via UN
helicopter, and, according to Embassy sources, remains in the
capital.


7. (U) In the days after the story appeared in the media, there
were several statements by political and religious leaders as
well as non-governmental organizations (NGOs) focused on human
rights and women's issues, calling for the Government of East
Timor (GOET) to lodge a strong protest with Government of
Indonesia (GOI). Vice Minister of Foreign Affairs Adalgiza
Magno was quoted as calling on the GOI to "immediately resolve
the case and punish the alleged perpetrators." However, to date
the Embassy is not aware of any official complaint having been
relayed by the GOET. Late last week, Minister of Foreign
Affairs Jose Ramos-Horta was reported to have shared with
journalists a statement on the issue received from the
Indonesian Ambassador to East Timor, Ahmed Bey Sofwan.
Ambassador Sofwan's statement reportedly said that the GOI
regarded this as a very serious incident and that the Indonesian
military police were conducting an investigation.


8. (SBU) Meanwhile, Embassy sources report that NGOs that work
on victims' rights issues are unhappy with the lack of progress
in the case so far and do not regard the GOI's stated intent to
investigate as credible. Several groups, including Fokupers,
Pradet and the Judicial System Monitoring Program, have been
meeting regularly to plan how to advocate for a thorough
investigation. These groups are also exploring ways to link
their advocacy efforts with human rights groups based in Kupang,
West Timor.


9. (U) Media stories today report that this group of NGOs sent a
petition to the National Parliament urging that a joint
investigation into the allegations be carried out by the GOET
and GOI. The President of Parliament, in response to the
petition, then called an emergency meeting of leaders of the
party benches in Parliament. He announced that the
Parliamentary committee that handles constitutional rights and
freedoms will analyze the recommendations contained in the
petition and then forward its analysis along with the petition
to the competent authorities so that an investigation can be
initiated urgently.
REES